USA > Massachusetts > Essex County > Hamilton > Town of Hamilton Annual Report 1963 > Part 2
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the Board of Water Commissioners, and that the sum of $9,000.00 be transferred from the Excess and Deficiency Account for such purpose."
Mr. Thompson: "I might add at this time that this loader and back- hoe will be able to be used by all the departments in town at their own convenience."
Mr. Mackenzie: "Mr. Moderator, I would like to amend that motion. I would like to move that the town purchase a tractor with a backhoe and loader attachment for use of all the departments and be under the control of the Board of Water Commissioners. It was previously stated Board of Water Commissioners and we want to make sure that it will be used for all departments."
Moderator: "It has been moved and seconded that the motion just made be amended by providing that the use of the backhoe and loader attachment be for all departments in the town and be under the control of the Board of Water Commissioners so that the motion if amended would read-that the town purchase a tractor with backhoe and loader attach- ment for the use of all departments of the town and to be under the con- trol of the Board of Water Commissioners and that the sum of $9,000 be transferred from the Excess and Deficiency Account for such purpose."
Moderator: "Mr. Thompson, you were in favor of this amendment?"
Mr. Thompson: "Yes, I am."
Moderator: "Is it your wish to have your motion amended accord- ingly?"
Mr. Thompson: "Yes."
Moderator: "If there is no objection to the amendment the chair will allow this amendment to be made. Anybody object to the amend- ment? We are not voting on the main motion. If there is no objection on the amendment the chair will permit the amendment to stand as amend- ed."
Mrs. Imhof: "How expensive is a piece of equipment like this?"
Moderator: "$9,000 is the recommended appropriation."
Mr. Gates: "Please clarify this amendment."
Moderator: "The amendment is that the main motion which Mr. Thompson made be amended to read as follows-that the town purchase a tractor with backhoe and loader attachment for use of all departments of the town and to be under the control of the Board of Water Commis- sioners and that the sum of $9,000 be transferred from the Excess and Deficiency Account for such purpose. Mr. Thompson who made the ori- ginal motion has consented to this amendment. The chair will permit the amendment to be made unless anyone objects to this amendment.
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Moderator: "The vote is on the motion that the town purchase a tractor with backhoe and loader attachment for use of all the depart- ments of the town to be under the control of the Water Board of Com- missioners and that the sum of $9,000 be transferred from the Excess and Deficiency account for such a purpose."
Voice vote. As the vote was not clear the Moderator asked for a show of hands.
Hand vote. Motion carried.
Article 10. Moderator: "To see if the Town will vote to raise and appropriate a sum of money for mosquito control."
Moved by Mr. William Mackenzie and duly seconded: "That the Town raise and appropriate $1,500 for mosquito control in the Town, the work to be done under the direction of the Board of Selectmen."
Voice vote. Not clear.
Moderator: "The vote again is not clear. Those in favor please raise their right hand. All those opposed please raise their hand.
Hand vote. Motion carried.
Article 11. Moderator: "To see if the town will vote to authorize the Assessors to use available funds or "free cash" in an amount not to exceed the sum of $40,000 in determining the tax rate for the year 1963."
Moved by Mr. Pilcher and duly seconded: "That the Town author- ize and approve the Board of Assessors to use available funds or "free cash" in an amount not to exceed the sum of $40,000 in determining the tax rate for the year 1963."
Voice vote. Motion carried.
Article 12. Moderator: "To see if the Town will authorize the Board of Water Commissioners to install water mains in certain streets in the Town including Highland Street, Goodhue Street, Waldingfield Road, Cutler Road, Moulton Street, Essex Street, Woodbury Street, Lake Drive and Pine Tree Drive, to construct and equip a pump house and well in the Town north of Pleasant Pond and connect the same to the Town's water system and for the foregoing purposes to raise and appropriate a sum of money and determine the manner in which the same shall be raised and appropriated whether in whole or in part by borrowing, by taxation or by transfer of available funds including funds from the un- expended appropriation by the Board of Water Commissioners."
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Moved by Mr. Clark Sears and duly seconded: "That the Town raise and appropriate the sum of $135,000 to provide additional sources of water supply and extension of water mains, of which sum there shall be allocated:
$45,000 for development north of Pleasant Pond of an additional well, a pumping house, pumping equipment, and water mains to connect the same with the town water system, and for the cost of installation thereof and matters incidental thereto, including without limitation engineering fees and acquisition of necessary land and easements;
$90,000 for the extension of water mains six inches to ten inches in diameter in certain streets of the town, including without limita- tion Highland Street, Goodhue Street, Waldingfield Road, Cutler Road, Moulton Street, Essex Street, Woodbury Street, Lake Drive and Pine Tree Drive;
and to meet such appropriation there be transferred the following:
$4,916.86 from the account for development of well fields set up under the appropriation therefor of July 16, 1956, $4,537.55 from the account for construction of an additional reservoir set up under the appropriation thereof of July 16, 1956, $3,648.37 from the account to explore for additional water supply set up by appro- priation and transfer therefor of March 5, 1962, and $6,897.22 from the Excess and Deficiency Fund,
and the Town Treasurer with the approval of the Selectmen be and he hereby is authorized to borrow the sum of $115,000 and to issue at any time or from time to time $115,000 principal amount of bonds or notes of the Town therefor to be payable in accordance with the applicable provisions of Chapter 44 of the Massachusetts General Laws; and that the Board of Water Commissioners be and such Board hereby is author- ized to proceed with such work and to enter into all necessary or proper contracts or agreements in respect thereto, and that the Town Treasurer and the Board of Selectmen be and each hereby is authorized to do all acts and things necessary or convenient for obtaining such loan."
Moderator : "As this motion provides for borrowing the Massachusetts general laws require a 2/3 vote. The law also provides that where a 2/3 vote is required by statute the count shall be taken, the vote shall be recorded in the records of the clerk. I have appointed Mr. Pineles, O'Gara, Nash and Piper to be counters.
254 Yes 131 No The No's have it by more than a 1/3 vote. the Motion is lost.
Mr. Clark Sears: "Ladies and Gentlemen, it is possible under this article to now make a motion that we increase our water supply by putting in the well and pump station which is the cost of $45,000. I don't want
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to make such a motion unless you people would like to have it. I feel that we should. We have been buying water for the past few years from Essex whenever our water supply has been in danger of going down. We have a chance to put in a good well according to the tests which show over 400 gallons a minute and they say it could possibly go up to 1000. We think it is a good well. I don't want to make a motion unless you people would like it."
Moderator: "We might have a voice vote to determine whether it is worth while, Mrs. Sears, to make a motion that would require a count. In brief, what would your motion be Mr. Sears?"
Moved by Mr. Clark Sears and duly seconded "That we reconsider Article 12 in order to permit a motion under the article to appropriate $45,000 for the development of additional well and pumping house and pumping equipment."
Moderator: "There is a motion before the house to reconsider Ar- ticle 12 which has been seconded. This requires a 2/3 vote to reconsider. If we reconsider then of course the discussion will be on the motion Mr. Sears is proposing. The vote now is on the motion to reconsider Article 12.
Hand vote. Motion carried by more than 2/3.
Moderator: "We have Article 12 before us. Mr. Sears, do you wish to re-state your motion?"
Moved by Mr. Clark S. Sears and duly seconded: "That the town raise and appropriate the sum of $45,000 to provide additional source of water supply north of Pleasant Pond and to install and erect a pump- ing house, pumping equipment and water mains to connect the same with the town water system, and for the cost of installation thereof and matters incidental thereto, including without limitation engineering fees and acquisition of necessary land and easements and to meet such appropria- tion there be transferred the following:
$4,916.86 from the account for development of well fields set up under the appropriation therefor of July 16, 1956, $4,537.55 from the account for construction of an additional reservoir set up under the ap- propriation therefor of July 16, 1956, $3,648.37 from the account to explore for additional water supply set up by appropriation and transfer therefor of March 5, 1962, and $6,897.22 from the Excess and Defi- ciency Fund, and the Town Treasurer with the approval of the Select- men be and he hereby is authorized to borrow the sum of $25,000 and to issue at any time or from time to time $25,000 principal amount of bonds or notes of the Town therefor to be payable in accordance with the applicable provisions of Chapter 44 of the Massachusetts General Laws; and that the Board of Water Commissioners be and such Board hereby is authorized to proceed with such work and to enter into all necessary or proper contracts or agreements in respect thereto, and that the Town
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Treasurer and the Board of Selectmen be and each hereby is authorized to do all acts and things necessary or convenient for obtaining such loan."
Standing Vote. Yes 278 Moderator declared Motion No 37 carried by more than 2/3
Moderator : "We will now take up Item 79 of the budget which was held after this Article 12."
Mr. Sears: "I would like to recommend under Item 79 of the budget $6,500 for extension of mains and the amount we have appropriated for the last seven or eight years."
Moderator: "It has been moved and seconded that the amount of $6,500 be appropriated for extension of mains.
Voice vote. Motion carried.
Article 13. Moderator: "To see if the town will vote to transfer a sum of money from the Excess and Deficiency account to the Stabilization Fund established pursuant to the provisions of Section 5B of Chapter 40 of the General Laws."
Moved by Mr. Ward and duly seconded: "That the sum of $30,000 be transferred from the Excess and Deficiency Account to the Stabiliza- tion Fund established by vote of the Annual Town Meeting of 1962, pursuant to the provisions of Section 5B of Chapter 40 of the Massachu- setts General Laws."
Voice vote. Motion carried.
Article 14. Moderator: "To see if the Town will vote to authorize the town Treasurer with the approval of the Selectmen to borrow money from time to time as provided for by Section 4 of Chapter 44, General Laws, in anticipation of revenue for the financial year beginning January 1, 1964, and to issue a note or notes therefor payable within one year, in accordance with Section 17 of Chapter 44 of the General Laws."
Moved by Mr. Lawrence Stone and duly seconded: "That the Town authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time as provided for by Section 4 of Chapter 44, General Laws and amendments thereto in anticipation of revenue for the financial year beginning January 1, 1964, and to issue a note or notes therefor payable within one year or to renew any note or notes as may be given for a shorter period than one year, in accordance with Section 17 of Chapter 44 of said General Laws."
Voice vote. Motion carried.
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Article 15. Moderator: "To see if the Town will authorize the Collector to use all means of collecting taxes which a Town Treasurer when appointed Collector may use."
Moved by Mr. William Mackenzie and duly seconded: "That the Town authorize the Collector to use all means of collecting taxes which a Town Treasurer when appointed Collector may use."
Voice vote. Motion carried.
Article 16. Moderator: "To see if the Town will appropriate for Highway projects the sum of $10,710.74 anticipated to be received from the Commonwealth or such other amount that is received pursuant to Acts of 1962, Chapter 782 to be expended by or under the authority of the Selectmen, subject to the approval of the Massachusetts Department of Public Works, for such highway purposes as the Town may borrow money under Chapter 44, Section 7, Clause 5 of the General Laws."
Moved by Mr. Lawrence Lamson and duly seconded: "That the Town raise and appropriate the sum of $10,710.74 or such other sum as may be received from the Commonwealth pursuant to Chapter 782 of Acts of 1962, to be expended by or under the authority of the Selectmen, subject to the approval of the Massachusetts Department of Public Works, for such highway purposes as the Town may borrow under Chapter 44, Section 7, Clause 5, of the Massachusetts General Laws, and to meet such appropriation there be transferred such sum of $10,710.74 or such other sum as is received from the Commonwealth as aforesaid."
Voice vote. Motion carried.
Article 17. Moderator: "To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $4,900 for the purpose of contracting through the Hamilton Planning Board with the Massachusetts Department of Commerce for the preparation of a Compre- hensive Planning Study of the Town, such sum to be expended only if the sum of $9,800 is provided by the Federal Government under Section 701 of Title VII of the Housing Act of 1954 as amended."
Moved by Mr. Cutler and duly seconded: "That the Town transfer from the Excess and Deficiency Account the sum of $4,900 for the pur- pose of contracting through the Hamilton Planning Board with the Massa- chusetts Department of Commerce for the preparation of a Comprehen- sive Planning Study of the Town, such sum to be expended only if the sum of $9,800 is provided by the Federal Government under Section 701 of Title VII of the Housing Act of 1954 as amended."
Voice vote. Motion carried.
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Article 18. Moderator: "The motion has been made and seconded that we consider next Article 29 before considering Article 18 through 27. Under our town by-laws it requires a 2/3 vote to take an article up out of the order in which it is printed in the warrant. The chair declares that the 'no's' have it by more than a 1/ vote. If there are seven voters present who question the chair they may stand. Seven voters having questioned the chair the chair will ask for a show of hands on this motion that Ar- ticle 29 be now considered before Article 18 through 27. The chair rules that the 'ayes' have it by more than a 2/3 vote so that we will now con- sider Article 29.
Article 29. Moderator: "To see if the Town will authorize the Moderator and the Selectmen to appoint a fall-out system and shelter building committee to study radioactive fall-out protection for the citizens of Hamilton, this Committee to be empowered to establish by survey the optimum size, number and location of shelters and to engage an architect to provide plans, specifications and proposal documents and to secure estimates for the construction of the above shelters, and to appropriate the sum of $62,000 for the foregoing purposes."
Moved by Mr. Spears and duly seconded: "That the Moderator and the Selectmen appoint a Fall-out Shelter System and Shelter Building Com- mittee of registered voters to study radioactive fall-out protection for citizens of Hamilton, such Committee to be empowered to establish by survey the optimum size, number and location of shelters and to engage an architect to provide plans, specifications and proposal documents and secure estimates for the construction of the above shelters, and to raise and appropriate the sum of $62,000 for such purposes."
Voice vote. Motion lost.
Article 18. Moderator: "To see if the Town will vote to authorize the Selectmen to appoint a committee of five registered voters of the Town to examine into the advisability of the Town providing for the election of a Board of Health, for the term of three years permitted by Chapter 41, Section 1, of the General Laws, instead of the Selectmen acting as the Board of Health, and report their findings and recommendations to the Selectmen not later than September 1, 1963.
Moved by Mr. William Mackenzie and duly seconded: "That the Board of Selectmen be and it hereby is authorized to appoint five regis- tered voters of the Town to act as a committee to examine into the ad- visability of the Town providing for the election of a Board of Health, members to hold office for three-year terms, as permitted by Chapter 41, Section 1, of the Massachusetts General Laws, in place of the Selectmen acting as a Board of Health, such committee to report its findings and recommendations to the Selectmen not later than September 1, 1963."
Voice vote. Motion carried.
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Article 19. Moderator: "To see if the Town will vote to authorize the Selectmen to appoint a committee consisting of five registered voters of the Town to examine into the advisability of establishing a Personnel Board of the Town and report findings and recommendations to the Se- lectmen not later than September 1, 1963."
Moved by Mr. Lawrence Stone and duly seconded: "That the Board of Selectmen be and it hereby is authorized to appoint five registered voters of the Town to act as a committee to examine into the advisability of es- tablishing a Personnel Board of the Town, pursuant to Section 108C of Chapter 41, Massachusetts General Laws, such committee to report its findings and recommendations to the Selectmen not later than September 1, 1963."
Voice vote. Motion carried.
Article 20. Moderator: "To see if the Town will vote to accept Pine Tree Drive, so called, as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled "Plan of Pine Tree Drive, Hamilton, Mass., For Acceptance, February 1963, Charles H. Morse & Son, Engineers."
Moved by Mr. Lawrence Lamson and duly seconded: "That the Town accept as a public town way Pine Tree Drive, so called, as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled "Plan of Pine Tree Drive, Hamilton, Mass., For Acceptance, February 1963, Charles H. Morse & Son, Engineers."
Voice vote. Motion carried.
Article 21. Moderator: "To see if the town will vote to accept as a public town way Greenbrook Road, so-called, as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled "Layout Plan For Street Acceptance of Greenbrook Road, Hamilton, Mass., January 1, 1963, Kenneth W. Richardson, Mass. Reg. Land Sur- veyor."
Moved by Mr. William Mackenzie and duly seconded: "That the town accept as a public town way Greenbrook Road, so called, as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled "Layout Plan For Street Acceptance of Greenbrook Road, Hamilton, Mass., January 1, 1963, Kenneth W. Richardson, Mass. Reg. Land Surveyor."
Voice vote. Motion carried.
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Article 22. Moderator: "To see if the Town will vote to accept as a public town way Martel Road, so called, as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled "Plan of Martel Road, Hamilton, Mass., For Acceptance, December 1962, Charles H. Morse & Son, Engineers."
Moved by Mr. Lawrence Stone and duly seconded: "That the Town accept as a public town way Martel Road, so called, as laid out by the Board of Selectmen and shown on a plan on file with the Town Clerk entitled "Plan of Martel Road, Hamilton, Mass., For Acceptance, Decem- ber 1962, Charles H. Morse & Son, Engineers."
Voice vote. Motion carried.
Article 23. Moderator: "To see if the Town will vote to change the name of Appleton Street to Pierce Avenue."
Moved by Mr. Mackenzie and duly seconded: "That the name of Appleton Street in this Town be and such name hereby is changed to Pierce Avenue."
Mr. Mackenzie: "I would like to clarify this. There is an Appleton Street and an Appleton Avenue in town. One is in the Asbury Grove sec- tion and the other is over in East Hamilton. It is sort of confusing when a call comes in for someone on Appleton Avenue or Appleton Street and it would be more confusing if a call came in for the Fire Department and they went in the wrong direction. One of the residents up there has asked if the name of Appleton Street could be changed to Pierce Avenue. I strongly recommend it."
Voice vote. Motion carried.
Article 24. Moderator: "To see if the Town will vote to amend the town by-laws by adding at the end of Chapter III a new section which provides that the Selectmen shall appoint each year an Inspector of gas piping and gas appliances in buildings, whose duties and which provides that the Selectmen may establish fees therefor."
Moved by Mr. Lawrence Lamson and duly seconded: "That the Town By-Laws be and the same hereby are amended by adding at the end of Chapter III a new section to be numbered 4 as follows:
Section 4. The Selectmen shall appoint each year an Inspector of gas piping and gas appliances in buildings, whose duties shall be the enforcement of the Rules and Regulations adopted by the Board established in the Department of Public Utilities to regulate intalla- tions of gas fittings as defined in Section 12H of Chapter 25 of the General Laws, and may by regulation establish fees therefor."
Voice vote. Motion carried.
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Article 25. Moderator: "To see if the Town will vote to adopt the following by-law: On town ways riders of horses shall keep to the right- hand portion of the traveled way and so far as possible, on bridle paths and dirt shoulders if the same are provided along the way."
Moved by Mr. Lawrence Stone and duly seconded: "That the Town By-Laws be and the same hereby are amended by adding at the end of Chapter IX a new section to be numbered 7, as follows:
Section 7. On town ways riders of horses shall keep to the right- hand portion of the traveled way and so far as possible, on bridle paths and dirt shoulders if the same are provided along the way."
Miss Mary Curtis suggested it be either side instead of right.
Mr. Stone: "I think we are willing to accept Miss Curtis' idea of either side.
Moderator: "Mr. Stone has moved that the proposed by-law amend- ment be amended to provide that on town ways riders of horses will keep to either side of the portion of the traveled way in so far as possible on bridle paths and dirt shoulders if the same are provided along the way."
The amendement has been seconded. All those in favor of the amend- ment say 'aye'.
Voice vote. Amendment carried.
We will now vote on the main motion as amended which is that the town by-laws be amended by adding at the end of Chapter IX a new sec- tion to be numbered 7, as follows:
Section 7. On town ways riders of horses shall ride single file and to keep to either portion of the traveled way and so far as possible, on bridle paths and dirt shoulders if the same are provided along the way."
Voice vote. Motion as amended is carried.
Article 26
Mr. Mackenzie: "This is a long article and we are going to recom- mend that no action be taken on it. I would like to briefly explain why. We had a serious problem at Chebacco Lake last year with water skiers and some complaints about water skiing. Since the article was drawn up we thought with the number of people in the area and we have been assured by Mr. Merton Ward who is a professional in his line that he will do everything he possibly can to police the area and see if we can keep it under control. If we find that this doesn't take care of it then we will revert back next year and come back next year with the restrictions as required by law. Therefore, I move that no action be taken on Article 26."
Moderator: "The motion has been made that no action· be taken on Article 26.
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Moderator: "There has been a motion which the chair interprets as meaning we close debate and go immediately on the question. This requires a 2/3 vote. All those in favor of closing debate and voting immediately please say 'aye'." The 'ayes's have it. We vote immediately on the pending question which is that no action be taken under this article 26. This re- quires a majority vote. Those in favor of the motion that no action be taken under Article 26 please say 'aye.'"
Voice vote. No action taken under Article 26.
Article 27. Moderator: "To see if the Town will vote to continue the insurance study committee appointed pursuant to a vote of the Town adopted under Article 9 of the Warrant for the 1962 Annual Town Mect- ing, with such additional members as the Selectmen may appoint, to ex- amine into all insurance of the Town by consultation with one or more in- surance companies, insurance agencies or insurance consulting firms, and raise and appropriate the sum of $2,000 for the purpose."
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