Town of Tewksbury annual report 1945-1949, Part 33

Author: Tewksbury (Mass.)
Publication date: 1945
Publisher: Tewksbury (Mass.)
Number of Pages: 870


USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1945-1949 > Part 33


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Some inquiries have come to us regarding the salary paid our men. It is true some of our surrounding towns pay more per hour than we do, but their men are not employed steadily year round as our men are. We wish to state that the men employed by this department are paid for a 48 hour week plus overtime. When they are injured while at work, we pay doctors and hospital expenses plus compensation. This past year they were granted a weeks vacation with pay. In December we gave them a small increase in salary retroactive to February 23rd.


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Our men deserve much credit for their work during both ice and snow storms. They are always ready and willing to go out at all hours. We, the commissioners, say, "Thank you" to them.


We completed the construction on Robinson Avenue this year. This street has received two coats of tar, the shoulders were scraped and leveled off and proper drainage was installed.


Pipe and catch basins have been installed on the following streets this year.


Walcott St .- 16 Ft. of 12 In. Plain Concrete Pipe.


Robinson Avenue-60 Ft. of 10 In. Reinforced Concrete Pipe.


Robinson 'Ave .- 2 Catch Basins installed.


Billerica St .- 32 Ft. of 18 In. Reinforced Concrete Pipe. River Rd .- 90 Ft. long 108 In. wide culvert installed.


Whipple Road-381 Ft. of 12 In. Plain Concrete Pipe.


Whipple Rd .- 100 Ft. of 18 In. Reinforced Concrete Pipe.


Whipple Rd .- 176 Ft. of 12 In. Reinforced Concrete Pipe.


Whipple Rd .- 56 Ft. of 30 In. Reinforced Concrete Pipe.


Whipple Rd .- 2 Catch Basins installed.


Whipple Rd .- 2 Manholes installed on the 300 ft. line on northerly side of street.


The following tables give the amount of materials used.on the various streets during the past year.


TAR, ASPHALT, SAND, PEA STONE, AND BITUMINOUS CONCRETE


STREET


Tar Gals.


Asphalt Gals.


Sand Yds.


Pea Stone Tons


Bit. Conc. Tons


Rosemary Road


306


20


Marston Street


1200


60


3.5


River Road


3265


4631


1940


272.95


13.


Pike Street


1202


25


1.


Billerica Road


2873


100


1.5


Robinson Avenue


1604


25


.5


East Street


2517


326.5


7.


Brown Street


2915


100


2.


Livingston Street


3121


88.15


6.


Lowe Street


1755


85


.5


Boston Road


2067


100


4.8


North Street


1274


52.25


2.


Carter Street


741


40


Warren Road


315


20


1.


Washington Street


300


18


Ballard Street


900


45


2.


Oak Street


829


35


1.5


Foster Road


1114


50


15.


64


STREET


Tar


Asphalt Gals.


Sand Yds.


Pea Stone


Bit. Conc. Tons


White Street


200


15


Old Main Road


1000


55


Littlefield Avenue


500


30


Chandler Street


1157


45


2.5


Laite Road


300


15


McEvoy Avenue


300


15


Helvetio Street


2000


100


.5


Maplewood Avenue


663


45


1.


Texas Road


300


15


.5


Birch Street


300


15


.5


School Street


400


24


1.5


Water Street


300


20


Myrtle Street


400


20


1.5


Whipple Road


400


Shawsheen Street


9.5


Pleasant Street


. 1.


Barker Road


3.5


Pringle Street


5.


Pinnacle Street


2.5


Vernon Street


2.5


Kendall Road


3.


Clark Road


12.


Andover Street


20.85


Fiske Street


5.5


Rogers Street


4.5


Trull Road


25.35


South Street


2.8


Hood Road


3.


Astle Street


2.


Maple Street


1.75


Lake Street


.5


Bridge Street


2.


Town Yard


1200


GRAVEL


Street


Cu. Yds.


Street


Cu. Yds.


Boston Road


98


Rogers Street


24


Forest Avenue


20


Texas Road


80


Elm Avenue


28


Washington Street


20


State Street


49


Andover Street


28


Brown Street


82


Shawsheen Street


124


Court Street


48


Parker Avenue


34


Walcott Street


104


Glenwood Avenue


18


South Street


74


Livingston Street


225


Chapman Street


20


Pringle Street


45


Robinson Avenue


38


River Road


1789


Erlin Avenue


70


Whipple Road


160


Trull Road


57


-


65


Gals.


Tons


CHAPTER 90 MAINTENANCE


The usual maintenance of Chapter 90 Highways was carried out again this year under the provisions of the contract. A section of River Road and East Street was resurfaced with asphalt, sand and pea stone. Our Chapter 90 Streets are in fair condition.


CHAPTER 90 CONSTRUCTION - RIVER ROAD


We completed the construction of River Road this year, which was provided for under our Chapter 90 Construction contract of 1947. For the past several years, River Road has been one of our problems. The re-building of this road has been a great satisfac- tion to us and we feel that the money used here has been well spent. At Mill Brook we installed a new metal corrugated culvert which is 90 feet long and 108 inches in diameter. The road was raised about eight feet at this point, which lessened the steep grade considerably. The road received an application of asphalt, pea stone and sand when completed. Catch basins and guard rail were installed where necessary.


CHAPTER 90 CONSTRUCTION - WHIPPLE ROAD


The Chapter 90 Construction work on Whipple Road was started in December. Brush and trees have been cut down, walls and ledge removed and the culverts and catch basins have been installed. This street has been widened in several places also. We hope to continue the work on this street as soon as possible.


For financial report of this department, we refer you to the Auditor's report of Highway Expenditures.


In closing this report, our appreciation and thanks are extended to our Board of Selectmen, Finance Committee, State and County Officials and Engineers, for their cooperation and untiring assistance.


Respectfully yours, THOMAS P. SAWYER CHESTER M. ROPER THOMAS F. SULLIVAN


Road Commissioners of Tewksbury, Mass.


RICHARD F. O'NEILL Superintendent of Streets


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REPORT OF THE SEALER OF WEIGHTS AND MEASURES


The following is my report as your Sealer of Weights and Measures for the year 1948.


SCALES


Platform over 5000 1bs. 1


Platform over 100 lbs. to 5000 lbs. 4


Counter under 100 1bs. 3


Beam 100 lbs. or over 1


Beam, under 100 lbs. 3


Spring 100 lbs. or over


7


Computing under 100 1bs.


8


Avoirdupois


19


MEASURING DEVICES


Liquid


13


Gasoline Puinps 25°


Oil Measuring Pumps 17


Amount collected and turned over to Treasurer


$23.11


Respectfully submitted


LESLIE COLLINS Sealer of Weights and Measures


REPORT OF PARK COMMISSIONERS FOR 1948


To the Board of Selectmen


Gentlemen:


As Park Commissioners we submit the following:


The past year we have made a few changes: the Bandstand was moved to a new location to make a special place for the New War Memorial which was dedicated on Memorial Day.


The common on which the Memorial was erected has been regraded and shrubbery planted, colored lights decorated the Bandstand and War Memorial during the Christmas season. We also placed a wreath on the Memorial. The flag pole has been painted and a new rope. The flag has been raised on all occa- sions. During the summer the commons were mowed, raked and trimmed. We also wish to thank the Fire Department for watering the newly graded common during the dry spell.


LESLIE COLLINS, Chairman FRANCIS CHERLOCK PHAIDA J. ROUX


67


INSURANCE COMMITTEE REPORT


This committee was appointed to review and re-arrange the various insurance policies covering town buildings in order to secure for the Town the best possible insurance protection for the insurance premiums paid.


Fire Insurance on the buildings has previously been handled by separate departments for different buildings so that no definite insurance program taking into account all of the Town property has ever been set up. It was also the purpose of this committee to incorporate the so-called-Town Insurance Building Fund into the Fire Insurance program in such a way as to gain the maximum advantages from this Fund which has now grown to $27,000.00 and specifically set aside for repair or replacement of buildings damaged by fire.


The committee's first step was to secure appraisals of value for insurance purposes on all of the insured buildings. As the insured buildings are widely separated, it is highly improbable that more than one building could be destroyed by fire at one time and the committee felt that it was safe to deduct $27,000.00 from the value on each building and considered that the Town was carrying its own insurance to the extent of the reserve fund on each building.


The amount of insurance that could be purchased with available money in the budget was then distributed proportionately to the remaining value on each building where previously only the con- tents of the high school and the Town Hall had been partially insured. At the same time, the Fire Insurance on the high school building was changed to a flat rate basis so that any fire damage up to the amount of insurance carried is now collectible on the high school. Previously, this was written on a co-insurance basis and with the amount of insurance carried, the Town would have collected from the insurance companies somewhat less than $.30 on a dollar for any fire damage to the school except a total loss which the committee feels is practically impossible because of the fire-resistive construction.


All of the insurance has been cancelled and rewritten on a three-year program basis so that 1/3 of the insurance expires each year and the insurance item in the budget will be the same from year to year. All insurance will now expire on the same date each year and involve only one payment where under the previous system, insurance bills were coming in at all times during the year with heavy expenses one year and practically none in other years. The number of separate policies was reduced considerably and it is felt that this system will reduce to a minimum the effort and expense involved in handling the Town insurance.


68


Because of the limited funds available, the present insurance program and the building fund cover approximately 50% of the total insurance valuation of the Town buildings, and this committee recommends that the Town approve an additional appropriation for the purchase of insurance to more adequately insure its build- ings which have increased tremendously in value because of increased building costs.


Respectfully submitted,


VICTOR N. CLUFF GEORGE A. MARSHALL LOELLA F. DEWING


REPORT OF THE FIRE DEPARTMENT FOR 1948


To the Honorable Board of Selectmen and Citizens


As Chief of the Fire Department I herewith submit the follow- ing report:


Total number of fires and emergency calls attended,


gas and oil inspections 295


Automobile and Truck Fires


9


Chimney Fires 6


Dump Fires 11


Emergency Calls


6


False Alarms 3


Flooded Oil Burners 5


Grass and Brush Fires


70


House Fires 18


Inspection of oil burners and Propane Gas, so called


bottle gas, Permits issued 167


Total Value of Buildings and Contents $104.163.47


Damage to Buildings and Contents 13,680.47


Insurance Paid on Buildings and Contents 7,435.47


Hose laid at fires, 18,950 ft. of 1" hose, 5,300 ft. of


11/2" hose, 8850 ft. of 21/2" hose, 29 Indian


pump cans used at fires, 162 ft. of ladders


raised at fires, traveled 492 miles to fires.


Personal Property and Real Estate of the Fire Dept. $ 42,667.50


Respectfully submitted,


ALDEN S. HAINES, Chief of Fire Department


69


REPORT OF POLICE DEPARTMENT


December 31, 1948


To the Honorable Board of Selectmen:


Gentlemen:


I respectfully submit the Annual Report of the Tewksbury Police Department, as follows:


Drunkenness 48


Assault and Battery


3


Violation of Chap. 122, Sec. 20A 10


Arrests for other departments


2


Cruelty to animals


1


Lewd and lascivious cohabitation


3


Delinquency


1


Non-support


2


Abandonment of child


2


Absconded from M.S.I.


1


Operating under the influence of liquor


1


Total 74


Disposition of Cases:


Lowell District Court


Guilty


42


Released by Probation Officer


30


For other departments


2


Total 74


District Court Sessions attended


46


Civil Sessions at Lowell


7


Cases at Superior Court, East Cambridge


3


Telephone calls at office


Telephone calls, Chief's home 3391


76


Complaints investigated


1498


Summons served


41


Public functions covered


65


Funerals policed


9


Messages delivered


171


Dogs struck by automobiles


44


Dog-bite cases


8


Sudden deaths


1


Doors and windows found open


34


Snow and ice on highways


14


Lights out, poles and wires down


22


70


/


4572


Accidents investigated


Admitted to Tewksbury State Hospital


41


With Lowell Humane Society


4


Missing persons in Tewksbury


21


Cars stolen in Tewksbury


3


Cars stolen elsewhere


32


Hearings at office


36


Investigations for other departments


65


Investigations with Agent of MSPCC


5


Registration plates checked


32


Cases transported to hospital


16


Fires policed


28


Stolen cars recovered


3


Registration plates picked up


- 6


Merchandise recovered


$5,103.85


Cars transferred


154


Jurors served


11


Ambulance service


7


Property checked during absence of owners


33


Again I would like to call your attention to the smooth road surface, also the condition that exists at the various curves from the Lowell line to the Wilmington line, on Route 38. I think many of the accidents in this location could be eliminated if something was done to remedy this smooth surface.


During the year our attention was called to a number of dangerous conditions that existed in various parts of the town, bad curves, dangerous pedestrian conditions, hazards existing through children playing in the street, as the result of this I requested an engineer of the Department of Public Works to assist me in making a survey of the above named situations, my recommendations were accepted and through the splendid cooperation of the Tewks- bury Highway Commissioners, a number of signs were ordered. Some have been received and erected as follows: a pedestrian sign on Heath Street, two pedestrian signs on Brown, two thickly settled signs on South Street from the approach of Brown and South, to the Wilmington line on South Street, which makes the speed limit in this area 20 miles an hour by statutory law; two curve signs were placed on the reverse curve on Lake Street, more signs are to be received to complete this project.


Respectfully submitted,


CYRIL L. BARKER


Chief of Police


71


REPORT OF THE DOG OFFICER


December 31, 1948


To the Board of Selectmen,


Town of Tewksbury, Mass.


Gentlemen:


Following is the report of the Dog Officer.


Kennel license 6


Dogs licensed 560


Dogs sheltered 24


Dogs destroyed 22


Dogs returned to owners 5


Dogs picked up from highway 4


Investigations (license) complaints, barking of dogs, killing of chickens, etc.


Respectfully submitted, GEORGE GRAY


Dog Officer


REPORT OF INSPECTOR OF ANIMALS


December 31, 1948


To the Honorable Board of Selectmen of the Town of Tewksbury, Mass.


Gentlemen:


The following is the report of the Inspector of Animals:


Number of animals inspected by me is as follows:


Number of animals inspected from out of state .. 959


Number of Hogs inspected 150


Number of Barns inspected 20


Number of Dogs quarantined 21


Respectfully submitted, GEORGE GRAY


Inspector of Animals


72


REPORT OF THE WELFARE DEPARTMENT


Administration


Since May 1, 1948, Mrs. Helen Ward has been acting as Welfare Agent, carrying on the work which had been done by Paul O'Brien since April 1, 1947.


It was necessary to hire a clerk to be in the office while Mrs. Ward was out making the required home visits and investigations. Mrs. H. Ruth McCarthy of South Tewksbury was secured for this position.


General Relief


Although we started 1948 with an increased appropriation of $9,000, it was necessary to secure $1550 additional in September and $2000 in December in order to furnish necessary assistance to needy individuals and families. As of January 1, 1949, we were aiding 26 cases, including a total of 85 persons, and since then new applications have been received. Of these, 9 families are in need because the father is either unemployed or his earnings are in- sufficient; the rest are unemployable due to age or physical disability.


Following the advice of the State Department to expect an increase of at least 30% in the expenditures of this category, it is anticipated that an appropriation of at least $15,300 will be needed, which is $2,750 more than actually spent in 1948. In spite of this large amount, our Welfare recipients often complain that they need more assistance. Aid is usually given for necessary Food, Fuel and Medical expenses, but sometimes includes payment of rent or purchase of clothing.


During 1948 twice as many individuals were aided as in 1947. There were 25 applications received, most of which were given assistance, while only a half dozen cases were closed. Old Age Assistance


The 1948 OAA Town appropriation, which was increased by $3500 over the previous year, proved to be adequate, but with little left over. Since no decrease in expenditures is anticipated, and based on year-end averages, we hope an additional $1000 will be sufficient for 1949. Based on the high cost of living, a compulsory increase of 8.3% went into effect in October, and assistance will continue on this basis.


The "case load" has increased from 74 as of January 1, 1948 to 91 as of January 1, 1949. There were 96 recipients of Old Age Assistance during the year; 32 new applications were received, 22 of which were approved after investigation; only 5 cases were closed.


73


Aid to Dependent Children


In this category too, an additional $3000 over the 1947 appro- priation was enough to meet the needs of the 16 families that were aided during 1948. The mandatory 8.3% increase also applied to A.D.C. recipients and will continue in effect.


No unusual circumstances are anticipated for 1949, and it is hoped that the additional $1000 asked for will cover the year's expenditures.


Although 2 cases with 5 persons were closed during the year, 3 new families were added with a total of 10 dependents. Three children were dropped from active cases because they became 19 years old and employable.


As in other years, Federal and State reimbursements reduce the net cost of ADC and OAA. The complete report of payments and receipts for the three categories of assistance will be found in the Auditor's report.


Respectfully submitted, EDWARD SULLIVAN, Chairman VICTOR N. CLUFF WILLIAM B. CARTER


74


REPORT OF THE HEALTH DEPARTMENT


-


To William B. Carter, Chairman


Board of Health.


Tewksbury, Mass.


Gentlemen:


As your agent I submit the following report for the year ending December 31st, 1948.


Diseases reported:


Meningitis 1


Scarlet Fever 1


Septic sore throat


1


Tuberculosis 2


Dog Bite


8


Chicken Pox


12


Mumps 14


Measles


51


Licenses granted:


Store License, Milk & Cream .. 12 Vehicle License, Milk & Cream 8


Ice Cream 1


Overnight Cabins 2


Burial Permits


24


Respectfully submitted,


JOSEPH RISOLI, M. D.


Agent for Board of Health


75


SELECTMEN'S REPORT


1948 will be a year that will be remembered as the year when Tewksbury had two sets of selectmen. A brief outline of what happened to cause this situation, we believe, should be in the records.


At a Special Town Meeting held on August 27th, 1947, it was voted to elect selectmen for one year terms instead of three year terms. Our Town Counsel, Mr. Melvin G. Rogers gave his opinion that the change to one year terms would not shorten the terms of the encumbrant selectmen, but that in February 1948, the town should elect one selectman for one year, in February 1949 elect two selectmen for one year and in 1950 three selectmen for one year. Using this opinion as our guide we planned to prepare the ballot so that one selectman would be elected for one year at the February 1948 election.


A writ of mandamus was brought against the Selectmen and the Board of Registrars and the Town Clerk, by E. H. King, asking that they be ordered to prepare the ballot calling for three select- men to be elected for one year each. This writ was allowed by Judge Sullivan and the ballot was prepared calling for three selectmen to be elected.


This order had the effect of freezing Selectmen Cluff and Carter out of office for the balance of their respective terms.


Mr. Rogers then acting as the private counsel of Cluff and . Carter immediately appealed the decision of Judge Sullivan to the Supreme Judicial Court of Mass. He also brought a writ of mandamus in the Superior Court asking that Battles and Burgess be adjudged as illegal selectmen and that Carter and Cluff be judged the legal selectmen of Tewksbury. The writ of mandamus was heard before Judge Dowd in Cambridge and he ruled that Cluff and Carter were the legal Selectmen of Tewksbury, and should take over as such. By agreement the actual carrying out of this decision was stayed until the Supreme Court gave their decision, both sides agreeing to present their cases to the Supreme Court on briefs without argument, at the Supreme Court June session so that it might be possible to receive a decision before their summer recess.


The decision of the Supreme Court was delayed until October. At that time they handed down their unanimous decision that Cluff and Carter were the legal Selectmen of Tewksbury and should take over immediately, thereby substantiating the opinion given the board by Mr. Rogers, that the term of office of the Board was not cut short by the vote of the Town to go back to one year terms.


76


When the mandamus changes were brought against Battles and Burgess they O'K'd a bill for a retainer fee of $350.00 for their attorney to take their case in their defense. This amount was taken out of the incidental account after a transfer of a former payment of a legal bill of $450.00 was made from incidentals to the Board of Health account. This was done by the Auditor without notifying the Chairman of the Board of Health. The legality of this payment has been questioned by the Assistant Director of Accounts, Herman S. Dine in his report which is printed elsewhere in the Annual Report.


It seems to your Board of Selectmen that there has been an unusual amount of unwarranted interference by certain individuals as to how they should conduct their office. If anyone will take the time to look at the many laws of our state, that govern among many other things, the conduct of Town affairs, they will soon come to the conclusion that it is not a job of the Selectmen to know all about law but that it is necessary to rely on the experience of an able attorney to make rulings and offer opinions.


The question of authority of the Board of Selectmen over the Police Department has been seriously questioned. Our Town Counsel has ruled repeatedly that the Board of Selectmen do have the right to make regulations and rules for the conduct of the department. In order to establish what the law is and bring this matter to a proper conclusion the Board requested Mr. Rogers to bring a Bill of Equity in the Superior Court for a declaratory judgment to whether or not the Selectmen have the right to make rules for the Police Department. This case is pending. In order to have the case settled early and end all controversy, Mr. Rogers asked for a hearing to have the case heard ahead of schedule. This was opposed by Counsel for Chief Barker and therefore will not be heard for some time. It is hard to understand why an objection should be made for a delay of a case of this kind, when all that is being determined is who actually is in charge of the Police De- partment.


It may seem that the Selectmen are making a big case out of something not too important. We feel that it is of vital importance, for if the selectmen have no authority over the Police Department, then the Chief of Police is nothing less than a dictator, responsible to no one but himself. If the Selectmen do not use their authority wisely the Town does not need to re-elect them. If the Chief of Police does not use his powers wisely, you the people have no course of action to take. He is an appointed official, protected by the Civil Service law, and if the Selectmen have no control over him, then he is a supreme official answerable to no one.


The Board of Selectmen once more wish to point out that our accounting system needs to be modernized. The Town's financial


77


affairs have grown tremendously and it is impossible for any Board of Selectmen to properly do their work with the type of information now available under our old system. This idea is also borne out by the report of the last state audit. See this years State Auditors Report elsewhere in this report.


This year we are eliminating the incidental account and are setting up several expense accounts that were formerly paid under incidentals. See State Auditor's Report elsewhere in this report.


We also recommend that a larger reserve fund be set up this year to take care of any unforseen emergencies that may arise, thereby eliminating the need of Special Town Meetings.


The Board has pending a petition which asks the Department of Public Utilities to give the Town a Public Hearing to see if relief cannot be given it in regards to the 10 cent toll charge now existing between telephones in South Tewksbury and the rest of the Town. We believe that the situation is unjust and should be remedied.


Your Board of Selectmen believe that Selectmen of any Town should not be rubber stamps for other Town officials, but should be active and progressive, always on the lookout for ideas that will work out for the common good of all living in the Town. If our Town is going to show progress, new ideas must be brought in. Our Town is growing and along with this growth are new problems which should be met intelligently.


Respectfully submitted, VICTOR . N. CLUFF, Chairman EDWARD J. SULLIVAN WILLIAM B. CARTER


1


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