USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1923-1927 > Part 44
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This Commission continues the policy of not being a criticizing board, but are desirous that the various departments come to them for assistance, not only on their annual town budget, but also on their many financial problems that arise during the year.
We again urge a "Pay As We Go" program and we have adopted as a definite standard that we will raise by annual taxes our entire expenditures except for new buildings such as schools and the new Town Hall. We have made very definite progress along this line, which the following figures show, where we put into our budget items heretofore borrowed for.
1921
1922
0 0
1923
$ 42,600
1924
71,855
1925
98,235
1926
136,734 (estimate)
While both Nation and State may show a tendency toward reduction in taxes, municipal taxes, in our opinion, can only be reduced by following a "Pay As We Go" program until we have greatly reduced our debt. Our debt and interest requirement amounts to close to $5 of the tax rate.
In municipal life we are continually changing our standards to higher and higher ideals, which is illustrated by the demand for improved schools, increased length of time children are in our public schools, improved side streets as well as thoroughfares due to the advent of automobiles, im- proved sewerage conditions, better water conditions, further extension of public health work and better care of the sick and ncedy.
191
It is evident there may arise in the future a very pressing demand for new facilities such as playgrounds, parks, open spaces, and a general beauti- fication of our town. While all of this is definite progress toward a higher type of civilization, it must positively be kept within bounds and be partly done by private as well as public purse.
Necessarily each department in the town feels that their particular work should receive first attention. It is only by taking a long-range view of our entire problems and striking a proper balance and by all being pa- tient until we can gradually acquiret the hings needed, that we can success- fully reach the desired result.
The next three to five years will be most crucial in the financial condi- tion of our town, and all must patiently wait and not attempt to secure everything in the immediate present.
In comparison with similar citics and towns in this state, we are close to the top in the percentage of our debt and our standard must be to look forward to the time when we will cease to borrow money for any purpose and reduce our debt until we have taken our proper place as a town with- out debt.
We take this opportunity to express our appreciation of the earnest cooperation and cordial relations which we have had with every department and the town officials.
CHARLES J. PRESCOTT, Chairman. FRED R. ELLIS, Secretary. FRANK A. FALES.
APPORTIONMENT OF TAX RATE
1922
1923
1924
1925
General Government
Board of Survey
$ 8.00
$ 10.50
10.75
$ 57.04
Selectmen
58.75
30.42
Town Clerk and Accountant
10,508.89
10,322.96
10,097.56
11,723.34
Treasurer and Collector
4,169.17
4,433.20
5,421.58
5,915.05
General Manager
4,540.00
4,625.00
4,633.46
3,475.00
Assessors
3,073.36
2,292.67
2,362.87
3,716.56
Certification of Notes
281.82
80.00
135.50
300.00
Finance
88.68
79.75
233.55
272.90
Law
1,244.65
3,545.50
2,625.85
1,777.19
Eleetion and Registration
1,285.00
1,111.22
2,584.51
1,011.01
Town Offices
1,161.38
995.66
809.62
917.44
Inspection of Buildings
556.00
500.00
517.25
579.03
Game Warden
100.00
100.00
Inspector of Cattle
150.00
150.00
150.00
200.00
Sealer of Weights and Measures
397.37
405.40
449.57
559.83
Memorial Day
245.17
325.00
468.15
469.88
Town Reports
800.00
800.00
1,425.00
1,080.00
Quarters American Legion
150.00
250.00
Insurance
1,467.60
5,667.05
3,334.80
2,793.82
Armory
936.27
604.16
Town Planning Board
277.10
30.95
633.40
318.10
Incidentals
3,129.62
825.92
683.11
949.53
.
$33,383.01 $1.67
$36,200.73
$1.76
$37,188.15
$1.50
$37,100.30 $1.55
192
Highways
General Ash Removal Notes
$47,403.96
$72,834.71
$87,176.20
$87,068.42
1,148.60
1,416.16
1,807.95
1,641.29
15,740.41
14,300.00
17,859.00
16,000.00
Interest
2,934.84
2,383.23
1,967.65
2,450.00
Parks
520.00
368.57
6,632.41
3,501.75
Notes
3,000.00
Interest
1,160 00
67.747.81
$3.41
91,302.67
$4.42
115,443.21
$5.27
114,821.46
$4.76
Schools
General
223,112.68
241,432.20
287,675.98
277,643.46
Notes
33,380.00
31,700.00
32,000.00
36,800.00
Interest
18,120.74
19,720.25
16,428.99
18,035.26
279,613.42
14.09
292,852.45
14.22
336,104.97
15.35
332,478.72
13.80
Abatement of Taxes
500.00
Overlay
3,941.01
3,680.00
9,930.11
6,722.63
State Taxes
41,400.00
41,400.00
34,500.00
46,200.00
County Taxes
30,913.10
31,688.30
33,332.24
36,485.97
76,254.11
3.83
77,268.41
3.74
77,762.35
3.60
89,408.60
3.71
Overdrafts
702.81
2,467.36
1,707.41
Police Department
28,677.90
26,380.34
28,908.22
30,799.91
Fire Department
13,959.96
16,759.33
23,477.11
17,150.21
Moth Department
3,379.25
3,587.57
3,336.87
3,782.96
Shade Trees
1,535.00
1,599.46
1,936.84
1,906.55
Board of Health
8,550.00
10,984.34
11,694.69
22,259.65
$56,102.21
$2.81
$59,311.04
$2.87
$71,821.09
$3.28
$77,606.69
$3.22
193
APPORTIONMENT OF TAX RATE-Continued
1922
1923
1924
1925
Sewers
General
$11,353.76
$29,133.24
$19,170.00
$44,106.17
Notes
9,475.00
9,500.00
20,000.00
21,000.00
Interest
9,887.07
7,044.97
9,885.85
9,463.36
30,715.83
$1.53
45,678.21
$2.26
49,055.85
$2.23
74,569.53
$3.10
Notes
5,000.00
5,000.00
5,000.00
Interest
675.00
450.00
225.00
16,306.50
.83
14,283.80
.65
12,452.65
.56
194
Care in Hospitals
956.11
1,099.44
1,289.31
1,397.22
Main Drains
3,479.09
11,599.22
19,184.09
10,932.06
Relief
25,124.78
31,215.06
25,361.90
24,624.46
Library
10,227.26
10,497.65
10,879.14
11,244.96
Cemetery
3,370.00
6,858.76
Street Lighting
6,300.00
5,000.00
5,800.00
6,730.00
49,457.24
2.49
66,270.13
3.22
62,514.44
2.88
54,928.70
2.27
Notes (not Applicable to any De- partment)
6,000.00
.30
15,000.00
.72
12,300.00
.55
7,000.00
Interest (not Applicable to any De- partment)
Contingent Fund
9,732.05
.49
12,591.55
.60
8,763.00
.36
7,050.58
County Hospital
10,631.50
8,833.80
7,227.65
5,621.51
.23
Engineering Band Concerts Street Railway, Cost of Service Water Notes
$3,040.65 $ .16 $3,454.86 $ .17 $3,533.80 $ .16 $ 500.00 $ .03
$3,875.41
$ 500.00 $ .03
$ 500.00 $ .03
$ 500.00
8,070.13
.42
18,425.99
.77
Reserve Balances
Work not Completed
36,487.79
1.51
656,574.98
33.06
715,416.66 34.69
794,839.51
36.30
841,449.29
34.92
LESS CREDITS
Poll Taxes
19,815.00
7,480.00
8,184.00
8,994.00
Excess and Deficiency
26,000.00
26,000.00
10,000.00
24.000.00
Available Receipts and Balances Note Premiums
14,836.95
25,044.50
57,141.93
26,357.71
662.40
561.20
95.85
152.00
Estimated Receipts and Transfers
109,515.32
143,421.67
154,027.85
163,656.84
170,829.67
8.06
202,507.47
9.39
229,449.63
9.60
223,160.55
8.42
Net Total
485,745.31
512,908.79
565,389.88
618,288.72
Add Closing Balances
10,751.39
8,805.72
19,891.48
20,100.94
Tax Levy on Property
496,496.70
521,714.51
585,281.36
638,389.68
Tax Rate
$25.00
$25.30
$26.70
$26.50
Valuation
$19,859,865.00
$20,621,060.00
$21,920,540.00
$24,089,870.00
195
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196
ANNUAL REPORT OF TOWN COUNSEL
January 16, 1926.
Selectmen of Norwood,
Thomas B. Mulvehill, Chairman, Norwood, Massachusetts.
Dear Sirs:
The following seventeenth annual report covering in brief form the ac- tivities of the law department for the year 1925 is submitted.
The general character of the services rendered was the same as in past years being largely advisory, but including, however, attendance at various hearings and meetings, the preparation of numerous opinions and other papers, attention to considerable correspondence and participation from time to time in many conferences with town officials and others, all such services being fully detailed in a supplementary report submitted herewith for the files of the Selectmen.
The following departments were advised when occasions required with respect to matters under consideration by them and in a number of in- stances were furnished written opinions as requested, viz .: Selectmen, Finance Commission, School Committee, Board of Health; Town Treasurer and Collector of Taxes, Town Planning Board, General Manager, Town Clerk and Accountant; Building Inspector, Trustees of the Morrill Me- morial Library, Town Engineer, Superintendent of Schools, New Senior High School Building Committee, Board of Relief, Chief of Police Kindelan and Joint Special Committee on Water and Sewerage.
Litigation Neponset River Expense Apportionment Case
Following the developments reported last year and through holding the advantage gained by former attempts at compromise, Norwood and the other municipalities interested in the proceedings before the Special Commission appointed by the Supreme Judicial Court to apportion one- half of the cost of the improvement so-called in and along the Neponset River and liable to be assessed for such expense compromised their differ- ences and came into agreement early in the year as to the proportions in which they should respectively share this burden (as their counsel believed it to be), thus bringing to a successful conclusion negotiations extending over a period of nearly a year.
It was stated in the report for 1924 that such an agreement was in pros- pect. This compromise agreement in written form was submitted to the
197
Special Commission mentioned above. The agreement, however, did not and could not deal with the question of the total sum to be apportioned as representing one-half of the cost because that was a matter in which the Commonwealth had a definite interest and equal voice. Various attempts were made to reach an agreement with the Commonwealth through the Department of the Attorney General with respect to such total sum and except for the important item of interest a satisfactory agreement was brought about on all items as to which the Commonwealth and the muni- cipalities respectively differed whereby all such items disputed were waived by the Attorney General. A few small items, however, which had been questioned by your counsel in behalf of all the municipalities interested were conceded to the Commonwealth. The interest item if allowed would probably exceed $35,000. It was finally agreed by the Attorney General that this question of the liability of the municipalities for interest should be left for final decision to the special commissioners following arguments to be presented by both sides. A hearing for such purpose was held by the Commissioners and a prompt decision was rendered to the effect that the Commonwealth had not as a fact paid out any sum by way of interest and that as a matter of law it was not entitled to any interest. This was an important and gratifying result to Norwood as well as the other com- inunities as it permitted an amount to be fixed for apportionment which was the minimum sum that could fairly be charged on account of the cost of the work and eliminated an item, Norwood's share of which, if allowed, would have been upwards of $6000. Shortly thereafter the report of the special commissioners was prepared and a hearing on it was given at which your counsel raised the question of apportionment of maintenance expense. It was the view of the Commissioners and of the other counsel that no maintenance expense having been incurred and no maintenance expense being in prospect for some years to come, there should be no attempt to set up an apportionment for possible future needs. The report therefore was filed by the Commissioners in accordance with the agreement as to percentage division acceptable to the municipalities and as to the interest and maintenance matters in accordance with their decisions. Thereafter, namely on September 29, 1925, by consent of all interested parties, a final decree was entered by the Supreme Judicial Court, accepting the report of the Special Commissioners and determining as provided in said report the amount to be apportioned to be $108,908.71, said sum being one-half of the total expense found to be incurred and apportionable, and further determining that the just and equitable proportion of such one-half to be paid by Norwood was $19,603.57 or 18% of said total sum. The ap- proval by the Selectmen and the Finance Commission of the proportionate share to be borne by Norwood as fixed by the compromise agreement was obtained before the agreement was executed in its behalf, and it seems proper to state that these departments shared the belief of the Town Counsel that under all the circumstances it was a desirable and equitable result. The most important and most protracted litigation in which the
198
town has been involved for many years, if not the most important in its history, was thus terminated.
This department initiated, participated in, and carried through the various steps referred to above and in earlier reports.
For its value as a record for the future the final decree of the court as entered is subjoined.
Oldham Suit
Miss Mary E. Oldham brought an action of tort against the Town by a writ dated August 21, 1925, and entered in the Superior Court for Norfolk County on October 5, 1925, which suit is now pending in said court. The amount claimed by way of damages in the writ is two thousand dollars, but no specifications showing how this sum was determined have been filed or furnished. The declaration (being the paper in which the plaintiff sets out her elaim), as filed, alleges in substance that the town supplied electricity service to the plaintiff's dwelling house of which she was the owner prior to August 23, 1923, but that on or about that date said electricity service was discontinued without proper or legal cause and that she has been deprived of such serviee sinee.
The town contests the claim thus set up and has filed an answer through this department denying liability. It will be necessary for the plaintiff to establish her claim as alleged in her declaration by a trial at some future date before a jury in said Superior Court for Norfolk County.
The town has also filed a demurrer so-called to the plaintiff's declaration whereby it claims that she is not entitled as a matter of law to maintain her suit even if she should succeed in establishing at the trial all the faets which she alleges as the basis of her case. This law question must be decided before a trial can be had. It will be heard by the court during the coming months. If the contention of the town is correct as this depart- ment feels justified in urging, then the case will be dismissed without a jury trial.
In fairness to the Selectmen it should be stated that this department was consulted by them as to their duty and course of action when the situa- tion as to future electrical service was before them through hearings in years past and that sincere attempts were made by them under advice to compose differences existing without involving the town direetly in a dis- pute about land rights.
Other Claims
The Lyons compensation case referred to in last year's report as pending before the Industrial Accident Board on the petition of the Town that further weekly payments be ordered discontinued on the ground that the employee had recovered from the effects of the injury for which compensa- tion was awarded was heard anew as to the petition mentioned and the petition was denied. On advice of this department no appeal from this decision was taken by General Manager Thorpe in behalf of the Town.
199
Some small claims had attention without independent action being required of this department and were handled direct by the Selectmen and other departments interested.
Miscellaneous
The following matters to which such attention as seemed necessary or desirable was given appear to be of sufficient importance to warrant ref- erence in the form stated.
New option from Emily E. Fisher et al, Re Eaton pasture land, also title search.
Pasakarnias Estate taxes claim.
Bird & Son, inc., right of way easement for sewer purposes; revision of agreement with railroad companies; status of Morse Street as a public way as an incidental matter.
Motor Bus Transportation, including licensing questions, hearings, prepa- ration of statements, advice to Selectmen, and new regulations covering the operation of motor vehicles transporting passengers for hire.
Advice Re Bird & Son, inc., steam pipe line crossing at Water Street and preparation of indemnity agreement relative to same.
Sewer Assessment situation.
Taking of Atwood et al land for school purposes. Order of taking, notice to owner, and release deed and other papers prepared. Title search made.
Nichols Street widening and Elliot Street and Nichols Street extensions. Lay-outs, orders of taking, notices of hearing and orders to owners and incidental papers, also releases and conveyances of interests taken prepared and title search work.
Town Meeting Warrants. Articles and votes under same prepared.
Harding Road Betterment Assessment situation and action.
Board of Survey hearings as to lay-out of streets and extensions of Adams Street and Cleveland Street and as to other streets through Fisher property.
Old Central Street title questions and incidental matters.
Armory site-various questions including appropriation situation, attention to Norwood Housing Association, Inc., and Balboni options and titles search, preparation of Balboni decd and other papers and attention to conveyance of title by Norwood Housing Association to the town.
Peabody Trust situation in relation to location of proposed school in Norwood.
Proposed Zoning By-Law questions and attention to perfecting changes in draft for presentation at Town Meeting.
200
Situation as to structure occupied by Marvas on Hayden land fronting on Washington Street Re action as to removal on account of application. of provisions of fire limit By-Law.
New Senior High School Building contract and bond questions, also grading specifications as to land site.
School Committee questions including opinion to Superintendent of Schools as to liability for injuries suffered by pupils in school plant and as to procedure in given situations.
Tax Collector-questions including service by constable of tax warrants; sale of mortgaged property; distraint of goods; tax lien situation.
Order of Taking as to parkway in school land and as to betterment assess- ments prepared.
Deeds prepared conveying school land parcels to adjoining owners as authorized.
Surety Bond of Town Treasurer-changes with respect to Library fund situation.
Finance Commission-questions including Peabody fund situation and opinions as to certain uncollected taxes and as to bonds of Town Treasurer and Tax Collector.
Building Inspection Department-questions including action as to a certain proposed structure.
Town Engineering Department-as to street lay-outs and plans.
General Manager's Department-various matters including Town Square development questions, Neponset River situation, Westwood electric pole line rights of way, Bird & Son, Inc., sewer line easement.
Joint Committee on Water Supply and Sewerage-advice Re matters under consideration.
Board of Relief Department-advice as to certain matters before Board for action.
Fred L. Fisher land-order of taking, notice to owner and other papers prepared, attention given to title matters.
Telephone Rate situation-advice to Selectmen.
Cleveland Release as to Bond Street park improvement payınent.
Town Clerk and Accountant. Various matters including the following: Right of any constable to serve warrant to distrain issued by Collector of Taxes, Lydon injury compensation situation, lay-out questions, new high school building appropriation situation, betterment assessments, land damages questions, Building By-Law amendments, liability for damage to gas main through blasting in sewer trench, motor bus license conditions
201
and motor vehicle regulations, insurance on material on ground for use in new senior high school building, regulation of motor bus travel by exclu- sion from Old Washington Street between bridges, water service to resi- dents located on private way, pension statutes as affecting laborers, Build- ing By-Law permit questions, Town debt questions, methods to be em- ployed by Assessors in determining values in different districts, Surety Company bond obligations.
Board of Health Department-questions including action as to claims for reimbursement for expenditures, milk sale permits and conditions of same.
Electric Wiring Inspection By-Law prepared.
Town Memorial Building Committee-advice as to plans and other in- cidental matters.
Walpole Sewerage Legislation-advice to Norwood officials as to develop- ments and action.
Selectmen-various matters including street lay-outs and entries under takings, American Legion lease, proposed Zoning By-Law changes, re- inoval of structures from parcels taken for new ways and for Memorial Park lot in Town Square development, Building By-Law changes, use of park and school land by adjoining owners for access to private garages, Harding Road Betterment Assessment Re collection, duties as to repairs of school building and as to supplies and duties of School Committee as to care of school buildings, Walpole Sewerage Legislation.
Town Planning Board-advice Re changes in proposed Zoning By- Laws.
Conclusion
In dealing with title matters the further assistance gratuitously rendered by Charles E. Houghton, Esquire, and the courtesy and cooperation ex- tended by Mr. John J. Riley, Secretary of the Norwood Housing Associa- tion, Inc., where the holdings of that Corporation were being acquired are gratefully acknowledged.
The confidence and consideration shown by all the officials with whom tliis department had dealings, and the intense interest and cordial help- fulness constantly manifested by Mr. James E. Pendergast, Town Clerk and Accountant in the numerous questions presented are most sincerely appreciated and acknowledged.
Respectfully submitted,
JAMES A. HALLORAN, Town Counsel.
202
Copy of Final Deeree Entered in the Supreme Judicial Court in the Neponset River Expense Apportionment Case so-called.
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS.
SUPREME JUDICIAL COURT NO. 33,450
STATE DEPARTMENT OF PUBLIC HEALTH
Petitioner for appointment of
Commissioners under Chapter 655,
Aets of 1911 as amended.
FINAL DECREE
This matter eame on to be heard upon the report of the Commissioners appointed by this Court under the provisions of Chapter 655 of the Aets of the year 1911 to apportion among certain municipalities named in that statute, one-half of the total expenses, exclusive of land damages, incurred by the Commonwealth of Massachusetts in dredging and deepening, under the provisions of that aet and acts in amendment thereof and in addition thereto, the channel of the Neponset River between the place where the river is erossed by Washington Street in the Town of Walpole and Tide water, and thereupon, upon consideration thereof, by agreement of counsel, it is ORDERED, ADJUDGED and DECREED that said report be and hereby is accepted; and that in accordance with the determination of the Commissioners, it is determined that the amount to be thus appor- tioned under the provisions of Chapter 655 of the Acts of the year 1911 and aets in amendment thereof and in addition thereto is $108,908.71, being one-half of the total expense ineurred by the Commonwealth under these statutes and that a just and equitable proportion of such one-half of the expenses ineurred as aforesaid to be paid by each of the municipali- ties mentioned in said Chapter 655 is as follows :-
Town of Stoughton, four per centum, or four thousand, three hundred fifty-six and 35/100 (4356.35) dollars;
Town if Sharon, four and one-sixth per centum, or four thousand, five hundred thirty-seven and 86/100 (4537.86) dollars;
Town of Dedham, nine and one-third per eentum, or ten thousand, one hundred sixty-four and 81/100 (10,164.81) dollars;
Town of Canton, thirteen and two-thirds per centum, or fourteen thous- and, eight hundred eighty-four and 19/100 (14,884.19) dollars;
Town of Walpole, four and one-third per eentum, or four thousand, seven hundred nineteen and 38/100 (4,719.38) dollars;
Town of Westwood, five and one-sixth per centum, or five thousand, six hundred twenty-six and 95/100 (5626.95) dollars;
203
Town of Milton, ten and one-third per centum, or eleven thousand, two hundred fifty-three and 90/100 (11,253.90) dollars;
Town of Norwood, eighteen per centum, or nineteen thousand, six hundred three and 57 /100 (19,603.57) dollars;
City of Boston, (including Hyde Park) thirty-one per centum, or thirty- three thousand, seven hundred sixty-one and 70/100 (33,761.70) dollars.
By the Court,
This decree may be entered
Jay R. Benton Attorney General by James H. Devlin Asst. Atty. General
Edwin C. Jenney Attorney for the Town of Westwood
Town of Norwood by James A. Halloran, Atty.
Lincoln Bryant Counsel for the Town of Milton
Town of Walpole by James A. Halloran, Atty.
Wm. Harold Hitchcock Attorney for the Town of Dedham
T. F. Daly Attorney for the Town of Stoughton
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