USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 39
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575.00
86-87-88
Recreation
8,240.00
4,450.00
89
Youth Baseball
5,542.95
90
Council for Aging
1,500.00
91-to-94
Water Department
40,253.32
35,150.00
200.00
95
Conservation Comm.
250.00
96
Regional School District
8,742.52
97
250th Anniversary
200.00
98
4-H Clubs
500.00
99
Cemeteries
1,000.00
100
Street Lights
19,000.00
101
Stationery and Printing
6,500.00
102
Memorial Day
800.00
103
Town Boundaries
600.00
104
Group Insurance
34,775.84
105
Fire & Liability Ins.
13,500.00
106
Maturing Debt
315,000.00
107
Interest - Maturing Debt Interest -
112,475.50
108
Temporary Loans
14,000.00
TOTALS
$ 2,250,701.02
$ 1,182,563.24 $ 54,548.00
AID 185,900.00
1966 Total Budget Appropriation: $ 3,673,712.26
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Snow & Ice
35,000.00
Premiums
Travel (o. s.) 100.00
The following action was taken on items marked for discussion:
Item 1-Selectmen, Salaries: Voted: Motioned by Mr. John Morrissey, the sum of $14,498.00 was carried unanimously.
Item 2-Selectmen, Operating Expenses: Voted: The sum of $7,850.00 was moved and all were in favor on this item.
Item 32-Planning Board, Expenses: As moved by Finance, the sum of $3,140.00 was declared carried by the Moderator. The move by Mr. Bowley for $4,940.00 did not reach the assembly.
Item 38-Police, Salaries: Following explanation, the sum of $162,804.47 as requested and recommended was approved unanimously.
Item 42-Fire, Salaries: Requested and recommended the sum of $158,997.25 was appropriated with no dissents.
Item 59-Board of Health, Expenses: Voted to appropriate as recom- mended the sum of $78,900.00 on voice majority.
Item 61-Highway, Salaries: The secret ballot vote, mandatory when Ch. V. Ryan moved for $77,433.00, appropriated the lesser figure in the sum of $73,065.00 as recommended 162 to 122. Reconsideration of this item on 3-7 was refused by the assembled 146 to 118.
Item 62-Highway, Expenses: Voted unanimously to appropriate the sum of $13,845.00 for this item.
Item 63-Highway, Snow & Ice: The original recommendation of $20,000.00 was increased to $35,000.00 and so moved by Finance which was approved by the assembly on voice vote, no dissents.
Item 64-Highway, Capital Outlay: Finance moved for $9,350.00. The sum of $24,165.00 as requested was motioned by Mr. V. Ryan who discussed need for funds. The secret ballot vote to approve $9,350.00 lost 233 to 68. The larger figure was then appropriated by 223 affirmative ballots against 30 negative. (3-5 at 4:40 P. M.)
Item 69-Veterans' Benefits, Salary: On 3-7 upon notice Mr. W. Davis moved to reconsider the prior vote on this item and gave reasons therefor. The motion carried 244 to 100 with 230 required of the standing vote. Mr. Davis then moved for the sum of $5,150.00; Finance declared for $2,750.00. Calling again for a rising vote, the Moderator stated the motion for the $2,750.00 was lost 233 to 181. Then the motion to appropriate the sum of $5,150.00 for this purpose was put to the assembly and the standing vote indicated 255 yeas and 119 nays. The sum of $2,750.00 was originally approved by voice majority on 3-5 at 4:43 P. M.
Item 73-Schools, Salaries: Moved by Finance the sum of $1,604,802.00 was quickly appropriated by voice majority.
Item 74-Schools, Expenses: Secret ballots became necessary as the School Committee with Mr. James Gaffney, Jr. as spokesman moved for $487,714.00 and discussed the reasons therefor. The sum of $450,213.00 as originally requested and motioned by Finance was first put to the assembly and appropriated by ballot canvassed as 153 in favor and 79 opposed. Reconsideration as moved by Mr. Lonergan was refused with 59 yeas, 81 nays, 2/3 requiring 94 to carry.
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Item 75-Schools, Capital Outlay: Appropriated for this item was the sum of $18,400.00 by a rising vote of 102 to 68. This motion was adopted on move by Mr. Shea. Finance had withdrawn its motion for $10,400.00. The School Committee motioned for $50,400.00 and cited its need for increased funds of $8,000.00 in boiler repairs and $32,000.00 for an athletic field over the original request of $10,400.00. The latter motion did not reach a vote. Reconsideration was re- fused 71 to 17.
Item 104-Voted to raise and appropriate the sum of $34,775.84 in voice majority, no dissents.
Item 105-As requested and recommended the sum of $13,500.00 was appropriated for this item unanimously.
The final vote taken on Article 4 was on Finance motion to raise and appropriate all funds and adopt Article 4 in its entirety as recom- mended and amended. (3-5 at 5:55 P. M.)
At this point in the proceeding it was the concensus of the assembly on motion offered by Mr. Cluff to adjourn the meeting to Monday, March 7th at 8:00 P. M.
MONDAY, MARCH 7, 1966
The adjourned Annual Town Meeting was called to order at 8:00 P. M., March 7, 1966 by Moderator Alan M. Qua. The adjournment had been properly posted according to law.
The first discussion of the session was upon a request by School Super- intendent Winn to reconsider Item 73 in Article 4. Records indicated the request was beyond the one hour limit of the prudential by-laws. Mr. Wynn, then moving for reconsideration of Items 77, 78, 79, 80 and 81, was ruled out of order by the Moderator who explained that these items had been approved at 3:24 P. M. on 3-5 and were therefore beyond recall. The motion by Mrs. Hathaway to suspend the rules failed with 64 in favor and 163 opposed. On this vote 152 affirmative votes were required.
Reconsideration upon prior notice by Mr. Vincent Ryan of Item 61 lost on a standing vote of 118 yeas, 146 nays, as stated above. Reconsideration of Item 69 is also verified in the foregoing.
ARTICLE 5. To see if the Town will authorize the Selectmen to institute suits on behalf of the town or defend any suits that are, or may be brought against the Town, and to sign any contracts or agreements in behalf of the Town. -Board of Selectmen
VOTED: Unanimously to authorize the Selectmen for the purposes of this Article.
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ARTICLE 6. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to borrow money in anticipation of the rev- enue for the financial years beginning January 1, 1966 and January 1, 1967, in accordance with provisions of General Laws, Chapter 44, Section 4, and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Sec- tion 17, or take any other action relative thereto. -Board of Selectmen VOTED: To authorize the Treasurer, with the approval of the Selectmen, to borrow money in anticipation of the revenue for the financial years beginning January 1, 1966 and January 1, 1967 in accordance with the provisions of Section 4, Chapter 44 of the General Laws, and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of Section 17, Chapter 44 of the General Laws. Unanimously in voice vote.
ARTICLE 7. To see if the Town will vote to raise and appropriate, or transfer from available funds, the sum of $5,100.00 for the purpose of taking, in the name of the Town of Tewksbury, all parcels of land on which 1964 taxes remain unpaid. -Treasurer - Collector
VOTED: To transfer the sum of $5.100.00 from E & D for the purposes of land takings for unpaid taxes. Voice majority, no dissents.
ARTICLE 8. To see if the Town will vote to authorize the Selectmen to sell, after first giving notice of the time and place of sale by posting such notice of sale in some convenient and public place in the Town at least fourteen days before the sale, property taken by the Town under tax title procedure, provided that the Selectmen or whosoever they may authorize to hold such public auction may reject any bid which they deem inadequate, or take any action relative thereto. -Board of Selectmen
VOTED: Motion for indefinite postponement carried by voice majority. The motion for indefinite postponement by Mr. R. A. Beaudette also stated "that the Conservation Commission be authorized to investigate the possible use of this land for recreational purposes." Motion for adoption did not reach the assembly. Mr. McLaughlin's move for reconsideration failed easily.
ARTICLE 9. To see if the Town will vote to authorize the Board of Selectmen and the Treasurer to foreclose, either through the land court or by affidavit of the Commissioners of Corporations and Taxation, 119 tax titles held by the Town for more than two years, and vote to raise and appropriate the sum of $9,850.00 therefor. -Board of Selectmen
VOTED: To raise and appropriate the sum of $9,850.00 to foreclose tax title land held by the Town.
ARTICLE 10. To determine what sum the town will authorize and direct the Assessors to take from available funds to reduce the tax levy for the current year, or take any action relative thereto, -Board of Selectmen
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VOTED: To indefinitely postpone on the only motion before the assembly. Motion to transfer $40,000.00 was withdrawn. This Article was placed on the table early in the meeting and taken from and considered on March 28th. (8:35 P. M.)
ARTICLE 11. To see what sum of money the Town will vote to raise and appropriate and/or transfer from Overlay Reserve for a reserve fund, pursuant to the provisions of Chapter 40, Section 6. - Board of Selectmen VOTED: To create a Reserve Fund by raising by taxation the sum of $11,700.00 and transferring the sum of $8,300.00 from Overlay Reserve.
ARTICLE 12. To see what sum of money the Town will vote to transfer from E & D to the Stabilization Fund under the provisions of Chapter 40, Section 5B of the General Laws. -Board of Selectmen
VOTED: To increase the Stabilization Fund with a transfer from E & D in the sum of $3,000.00.
ARTICLE 13. To see if the Town will vote to raise and appropriate the sum of $5,000 to purchase and install safety signs and markers.
-Board of Selectmen
VOTED: To raise and appropriate the sum of $2,000.00 for safety signs and markers.
ARTICLE 14. To see if the Town will vote to accept Section 22D of Chapter 40 of the General Laws relating to removal of vehicles illegally parked or interfering with snow removal operations. -Board of Selectmen VOTED: To indefinitely postpone on voice majority. Move by Mr. Kevin Sullivan for adoption did not reach a vote. (3-7-66). Reconsideration of this vote won approval on 3-28 on a standing vote of 129-2. The secret ballot then required was recorded as 182 in favor and 53 opposed so the item carried. (3-28 at 10:20 P. M.)
ARTICLE 15. To see if the Town will vote to raise and appropriate the sum of $20,000 to operate and maintain a land filled dump.
-Board of Health VOTED: To indefinitely postpone by a secret ballot vote of 299 to 152. An amendment by Mr. James DeCarolis that "any new location for a dump in town must be first approved at a town meeting" was approved by voice majority. Mr. Victor Cluff had moved to raise and appropriate the sum of $20,000.00 which did not reach consideration. (3-7 at 9:51 P.M.)
ARTICLE 16. To see if the Town will vote to accept the provision of Chapter 90, Section 18A of the General Laws (Ter. Ed.) as most recently amended, and in accordance with the Pedestrian Control Standards of the Department of Public Works of the Commonwealth of Massachusetts, the Board of Selectmen of the Town of Tewksbury hereby enact the following regulations to govern the use of ways by pedestrians. These regulations are to become effective on April 1, 1966.
By adding at the end of Article 16 the following new Article:
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ARTICLE 17. PEDESTRIAN CONTROL REGULATIONS
Section 1. Pedestrians Crossing Ways or Roadways
Pedestrians shall obey the directions of police officers directing traffic and whenever there is an officer directing traffic, a traffic control signal or a marked crosswalk within three hundred (300) feet of a pedestrian, no such pedestrian shall cross a way or roadway except within the limits of a marked crosswalk and as hereinafter provided in these regulations. For the purpose of these regulations, a marked crosswalk shall only be construed to be that area of a roadway reserved for pedestrian crossing located between two solid white reflectorized 12 inch pavement markings in rural areas or markings not less than six inches wide in urban areas, said markings or lines being no less than six feet apart.
Section 2. Pedestrian Actuation
(a) At a traffic control signal location where pedestrian indications are provided but which are shown only upon actuation by means of a pedestrian push button, no pedestrian shall cross a roadway unless or until the pedestrian control signal push button has been actuated and then cross only on the proper pedestrian signal indication. At traffic control signal locations where no pedestrian indication is provided, pedestrians shall cross only on the green indication. If necessary, the green indication shall be actuated by the pedestrian by means of a push button.
(b) At a traffic control signal location, pedestrians shall yield the right of way to vehicles of a funeral or other procession or authorized emergency vehicle while in performance of emergency duties regardless of the signal indication given, and they shall not attempt to cross the roadway until such vehicles or procession has passed at which time pedestrians shall then cross the roadway only as provided in these regulations.
Section 3. Pedestrian Obedience to Traffic Control Signals
Traffic control signal color indications and legends shall have the com- mands ascribed to them in this section and no other meanings, and every pedestrian shall comply therewith, except when otherwise directed by an officer.
(a) Red and Yellow or the Word "Walk" - Whenever the red and yellow lenses are illuminated together or the single word "Walk" is illumi- nated, pedestrians facing such indication may proceed across the roadway and in the direction of such signal only.
(b) Red Alone or "Don't Walk" - Whenever the words "Don't Walk" or any indication other than red and yellow shown together are illuminated in a traffic control signal where pedestrian indications are provided, pedes- trians approaching or facing such indication shall wait on the sidewalk, edge of roadway or in the pedestrian refuge area of a traffic island and shall not enter upon or cross a roadway until the proper indication is illuminated in the traffic control signal, but any pedestrian who has partially completed his crossing on the walk indication shall proceed or return to the nearest sidewalk or safety island on the yellow indication, the red indication or when the words "Don't Walk" are illuminated by rapid intermittent flashes.
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(c) Green Alone - At traffic control signal locations where no pedes- trian indication is given or provided, pedestrians facing the signal may proceed across the roadway within any marked crosswalk in the direction of the green indication.
(d) Yellow Alone, Red Alone or Flashing "Don't Walk" - Pedestrians approaching or facing a yellow, red or flashing "Don't Walk" illuminated indication shall not start to cross a roadway.
(e) Flashing Red, Yellow or Green - At any traffic control signal loca- tion where a flashing red, flashing yellow or flashing green indication is being given facing a crosswalk, pedestrians shall actuate, where provided, the pedestrian signal indication and cross the roadway only on the red- yellow or "Walk" indication when such indication is in operation. If no pedestrian signal is provided, pedestrians shall cross within crosswalks with due care.
SECTION 4. Vehicle Operation at Crosswalks
(a) When traffic control signals are not in place or not in operation the driver of a vehicle, which for the purposes of this Article shall include bicycles, shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a marked crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is travelling or when the pedestrian approaches from the opposite half of the roadway to within 5 feet of that half of the roadway upon which the vehicle is travelling.
(b) No operator of a vehicle shall pass any other vehicle which has been stopped at a marked crosswalk to permit a pedestrian to cross a way, nor shall any operator enter a marked crosswalk until there is sufficient space on the other side of the crosswalk to accommodate the vehicle he is opera- ting notwithstanding any traffic control signal indication to proceed. Section 5. Pedestrian Crossings and Use of Roadways
(a) No pedestrian shall suddenly leave a sidewalk or safety island and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield the right of way.
(b) Pedestrians shall at all times attempt to cross a roadway using the right half of crosswalks.
(c) Where sidewalks are provided, it shall be unlawful for any pedes- trian to walk along and upon an adjacent roadway whenever the sidewalk is open to pedestrian use.
(d) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway on its unfinished shoulder facing traffic which may approach from the opposite direction.
(e) Persons alighting from the roadway side of any vehicle parked at the curb or edge of roadway shall proceed immediately to the sidewalk or edge of roadway adjacent to vehicle, and shall cross the roadway only as authorized by these regulations.
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(f) It shall be unlawful for any person to actuate a pedestrian control signal or to enter a marked crosswalk unless a crossing of the roadway is intended.
Section 6. Crossing at Non-Signalized Locations
Every pedestrian crossing a roadway at any point other than within a marked crosswalk shall yield the right of way to all vehicles upon the roadway. At a point where a pedestrian tunnel or overpass has been pro- vided pedestrians shall cross the roadway only by the proper use of the tunnel or overpass.
Section 7. Operators to Exercise Due Care
The provisions of these regulations shall in no way abrogate the provi- sions of Chapter 90, Sections 14 and 14A of the General Laws (Ter. Ed.) which provide: "Precautions for Safety of Other Travelers" and for the "Protection of Blind Persons Crossing Ways." Furthermore, notwithstanding the provision of these regulations every operator of a vehicle shall exercise due care to avoid colliding with any pedestrian upon the roadway and shall give warning by sounding the horn when necessary and shall exercise proper precautions which may become necessary for safe operation.
Section 8. Pedestrians Soliciting Rides or Business
No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the operator or occupant of any vehicle with- out the written permission of the board or officer having control of such roadway or highway.
Section 9. Officers to Enforce Pedestrian Regulations
These pedestrian control regulations shall be enforced by all officers of the Town of Tewksbury on and after April 1, 1966.
Section 10. Exemptions
The provisions of these rules and regulations governing the use of ways by pedestrians shall not apply to pedestrians actually engaged in work upon a roadway closed to travel or under construction or repair, to municipal, state, federal or public service corporation employees while in the performance of their duties, to officers engaged in the performance of their public duties or to pedestrians acting in an emergency when such emergency necessitates departure from any part of these rules and regulations.
Section 11. Penalties
Any person who violates the provisions of this Article which deal with the proper use of ways by pedestrians shall be punished as provided in Chapter 90, Section 18A of the General Laws (Ter. Ed.) as most recently added by Chapter 409 of the Acts of 1962. Any person convicted of a viola- tion of any other provisions of these regulations relative to the operation of vehicles shall be punished by a fine not exceeding twenty ($20) dollars for each offense.
Section 12. Effect of Regulations
All existing rules and regulations governing the operation of vehicles or the use of ways by pedestrians which are inconsistent herewith are
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hereby expressly repealed. This repeal shall not, however, afect any punishment or penalty imposed or any complaint or prosecution pending at the time of passage hereof for any offense committed under any of the said rules and regulations hereby repealed.
If any section, sub-section, sentence, clause or phrase of these rules and regulations is for any reason unconstitutional, such decision shall not affect the validity of the remaining portion of these rules and regulations. The Board of Selectmen of the Town of Tewksbury hereby declare that they would have passed these rules and regulations and each section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitutional.
VOTED: To amend by striking out the words 'new Article' and the words 'Article 17' which were between Articles 16 and 17. The assembly then voted on voice majority to accept Article 16 as amended which was now Article 16 and 17 combined. (3-7 at 9:53 P. M.)
ARTICLE 18. To see if the Town will vote to raise and appropriate the following sums for the purpose of paying bills of previous years:
SELECTMEN:
N. E. Tel. & Tel. $ 10.90
PLANNING BOARD:
Dana Perkins & Sons
$ 45.00
APPEALS BOARD:
Lowell Sun $ 20.25
Merrimack Valley Advertiser
30.00
$ 50.25
TOWN HALL:
E. A. Wilson Co.
$ 204.68
POLICE:
St. John's Hospital $ 6.00
Lowell Gas Co.
123.22
$ 129.22
TREE:
Mobil Oil Co.
$ 22.52
HEALTH:
A. Jewell
$ 166.70
Anthony Rocco
225.00
$ 391.70
LAND TAKINGS:
Merrimack Valley Advertiser
$ 143.50
TOTAL
$ 997.77
-Town Auditor
VOTED: Unanimously to raise and appropriate the sum of $1,222.77 in order to pay bills of previous years following correction to $450.00 in the billing by Anthony Rocco.
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ARTICLE 19. To see if the Town will vote to raise and appropriate or transfer from E & D Account the sum of $500 for the purpose of demolition of dangerous structures to be supervised by the Building Inspector and the Board of Selectmen, or take any action relative thereto.
-Building Inspector and Board of Selectmen
VOTED: To raise and appropriate the sum of $500.00 for the demolition of unsafe buildings.
ARTICLE 20. To see if the Town will vote to transfer the following un- expended balances to E & D, or take any other action relative thereto:
Woodcrest Drive Drain $ 392.12
Lakeview Ave. Drain
168.18
Marie St. Drain
2,106.66
North St. Drain
1,699.31
School St. Drain
782.19
Old Age Sidewalk
2,005.37
Main St. Sidewalk
1,000.00
Vocational Planning Comm.
749.07
Jr. High School Construction
464.91
Shawsheen School Repairs
837.00
Water Well - 1962
5,063.03
Water Engineering Service
3,598.15
Sunnyslope Ave. Main
169.73
$ 19,035.72
-Town Auditor
VOTED: To transfer the sum of $1,755.80 to E & D as a result of unexpended balances of the following accounts:
Vocational Planning Comm. $749.07
Shawsheen School Repairs
837.00
Sunnyslope Avenue - Main 169.73
All other items were deleted by Auditor Berube before he made the motion except for Jr. High School Construction by Mr. Beattie.
ARTICLE 21. To see if the Town will vote to accept Chapter 486, Acts of 1964, Sections 1 to 4, regarding pensions of retired employees. -Board of Selectmen
VOTED: To accept the provisions of Section 1 to 4, Chapter 486, Acts of 1964 by secret ballot vote canvassed as 318 in favor and 55 opposed. (10:28 P. M.)
ARTICLE 22. Shall the Town of Tewksbury accept the provisions of Section 16 to Section 16I, inclusive, of Chapter 71 of the General Laws, providing for the establishment of a regional school district, together with the towns of Bedford, Billerica, Burlington, Tewksbury and Wilmington, and
26
the construction, maintenance and operation of a regional school py said district in accordance with the provisions of a proposed agreement filed with the Board of Selectmen?
- Board of Selectmen VOTED: By paper ballot to accept Article 22 canvassed as Yes 361, No 39. (3-7-66 at 10:40 P. M.)
ARTICLE 23. To see if the Town will vote to establish a committee to be appointed by the Board of Selectmen and the Moderator for the purpose of investigating possible consolidation of town departments under the Board of Selectmen, determine what departments should be included, and if feasible and desirable make the necessary recommendations for accom- plishing such action.
-Board of Selectmen
VOTED: To adopt on voice majority Article 23 as amended by Mr. Cunning- ham that "any other consolidation that the committee can recommend." Move by Mr. P. O'Loughlin for indefinite postponement was declared lost by the Moderator.
ARTICLE 24. To see if the Town will vote to authorize the Planning Board and the Board of Selectmen to negotiate with the owner of 14 acres of land on the westerly side of Shawsheen Street immediately south and adjacent to the abandoned railroad bed to be used for a sewerage treatment plant and to see what sum of money will be appropriated to hire an appraiser to appraise the property and report at a later town meeting.
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