USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1926 > Part 3
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Section 15 of Chapter 2 be stricken out and that in place, thereof, the following be substituted:
Section 15. All motions submitted for the consideration of the meeting involving the expenditure of money, the creation of a debt. or the disposal of town property shall be in writing except motions to adopt recommendations for the above mentioned purposes which are contained in a written report. All other motions shall be in writ- ing if required by the Moderator.
That Section 1 of Chapter 3 be stricken out and that in place there- of, the following sections be substituted namely:
Section 1, Chapter 3, of report be referred to adjourned annual meeting.
Section 1A. They shall have the power, with the advice of the town counsel to settle any claims or suits against the town which in their opinion cannot be successfully defended, when the amount to be paid does not exceed one thousand dollars.
Section 2, Chapter 3, to be stricken out, and that in place thereof, the following be substituted:
Section 2. Whenever any person incurs any liability to the town or any claim or demand, the department having charge thereof shall forthwith render a bill to said person, and give notice in writing to the collector of taxes and to the town accountant, as to the name of the person liable therefor, his address, the amount and nature of such claim or demand, and all other information pertaining thereto that may assist the collection, thereof. Upon receipt of such notice, the collector of taxes and the town accountant shall make appropri- ate entries in their respective books relating to such claim or demand. If said claim or demand is not paid within a reasonable time after a bill for the same has been sent, the collector of taxes subject to the approval of the Board of Selectmen, shall take appropriate steps to collect the same, and upon payment thereof he shall notify the town accountant and the department in charge of the matter, and appropri- ate entries shall be made in their respective books pertaining to it. If any such claim or demand is paid in installments the collector of taxes shall notify the town accountant of the receipt of each install- ment and the entries thereof shall be made in the respective books. The word "person" as used in this section shall include partnerships and corporations.
Section 4 of Chapter 3 be amended by striking out the words "Selectmen" and "made by the Board of Assessors," in the first, sec- ond and third lines thereof and in place of the word "Selectmen" that the words "Board of Assessors" be substituted, so that said section shall then read as follows:
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1926]
Section 4. The Board of Assessors shall cause every fifth valua- tion of estates, or abstract thereof, to be printed in sufficient number to be available for distribution to tax payers at the office of said As- sessors.
Section 4 of Chapter 4 of report be referred to adjourned annual meeting.
That in Section 1 of Chapter 5 the words "once a week for three successive weeks" in the tenth and eleventh lines thereof, be stricken out, that in place thereof, the words "three times" be substituted and that at the end of the first sentence, thereof, the following words be added, viz: "the last publication to be at least two days before open- ing of bids, so that said section shall then read as follows:
Section 1. No expenditure in excess of the sum of five hundred dollars shall be made until plans or specifications of the object for which said expenditure is to be made shall have been carefully pre- pared, nor shall any such expenditure be made until proposals for contracts setting forth or referring to said plans or specifications calling for bids shall have been published not less than three times in a newspaper having a general circulation in the town, the last publication to be at least two days before the opening of bids. Such proposal shall state that all bids must be sealed, and the envelope or wrapper enclosing the same properly addressed to the department or committee having the matter in charge. It shall also describe the place where the plans or specifications may be examined or obtained, and the place at which, and the time when the bids shall be opened, together with a statement that the town reserves the right to reject any and all bids. All such bids shall be accompanied by a certified check for an amount equal to not less than five per cent of the amount of the bid, but in no case less than the sum of one hundred dollars, which shall become the property of the town as liquidated damages or failure of the bidder to sign a contract within seven days after notice of the acceptance of his bid or other default.
All bids shall be publicly opened in the presence of the body having the matter in charge, and the contract shall be awarded to the lowest responsible bidder, subject to the foregonig reservations. Upon the acceptance of the bid, the certified check accompanying the same shall be retained until a bond is filed as hereinafter provided, when it shall be returned to the respective bidders when the contract is awarded.
That Section 5 of Chapter 5 be stricken out and that the following be substituted therefor.
Section 5. All money received by any town officers or committee, or any person acting for or on behalf of the town shall upon receipt thereof be paid to the collector of taxes, except as otherwise provided by the statutes of the Commonwealth; but in all cases the money so received shall be reported to the Board of Selectmen, who shall pub- lish the same in the annual town report.
Chapter 7. Voted to be repealed.
Section 3, Chapter 9. Voted to be repealed.
Section 10 of Chapter 9 to be amended by striking out the words "constructed in any fence abutting on the highways of the town," and adding at the end thereof the words "Whoever violates any provision of this by-law shall be punishable by a fine of not more than twenty dollars for each offence" so that said section shall read as follows:
Section 10. No gate, door or other similar device, either for the use of persons, horses, cattle, carriages or vehicles of any kind shall open outward over the sidewalk or highway. Whoever violates any
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provision of this by-law shall be punishable by a fine of not more than twenty dolalrs for each offence.
Chapter 1 to be acted on at the adjourned annual meeting.
Annual Reports
(a) All town officers, boards, and committees shall make a report in writing to the town. Such reports shall be printed in the annual town report, and to permit such printing shall be submitted to the Board of Selectmen no later than January fifth of each year. Con- tracts for printing annual town reports shall be made by the Select- men subject to the provisions of these by-laws.
Auditing of Town Accounts
(b) All accounts of the town shall be audited semi-annually by the Director of Accounts in the Department of Corporations and Taxation.
Financial Year
(c) The financial year shall begin on the first day of January and shall end on the thirty-first day of December.
Police Department
(d) The Board of Selectmen shall be in charge of the Police De- partment and shall make rules and regulations for the government thereof. This Department shall consist of a chief of police, and such other commissioned and non-commissioned officers and patrolmen as the Selectmen may appoint; their compensation shall be fixed by the town.
Town Counsel
(e) The Board of Selectmen shall appoint a duly admitted attor- ney-at-law as town counsel and shall fix his compensation. He shall attend to all legal matters pertaining to the town and to all legal mat- ters arising in connection with the performance of the duties of any officer, board or committee thereof. He shall make a written report to the Board of Selectmen concerning the services rendered by him during the year, which shall be printed in the annual town report.
Engineering Department
(f) The Selectmen shall annually appoint an engineer at a fixed salary, who shall have the power to appoint such assistants as may be necessary subject, however, to the approval of the Selectmen as to number and compensation thereof. He shall have charge of all en- gineering pertaining to the town and no person employed in said de- partment shall engage in engineering work on his private account without permission in writing from the Selectmen. The Town En- gineer shall have charge of and shall preserve, arrange and index all plans, surveys, field notes, records, documents and all other informa- tion relating to the engineering work of the town so that the same may be readily accessible for public use. No water pipes shall be laid in any public way or in any way the plan of which has been approved by the Board of Survey except in accordance with plans on file in the office of the Town Engineer.
He shall keep an accurate set of books showing in detail the ex- penses of his department and of all work done by it. He shall each year submit to the Selectmen in time for publication in the annual report a statement showing the work of his department for the year and the expenditure of money in connection therewith.
Numbering of Buildings
(g) It shall be the duty of the Town Engineer to assign numbers to all buildings or parts thereof on or near the line of public or private ways within the town, and a list of such numbers shall at all times be on file in his office. Every occupant or owner of such build- ing or buildings shall cause to be displayed upon some suitable por-
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tion thereof, facing such street or way, the proper street number of said building. No number other than the one shown on the list on file in the Engineer's office shall be displayed on any such building or part thereof. Any owner or occupant violating this by-law shall be punishable by a fine of not more than twenty dollars for each offence. Streets
(h) No water pipes shall be laid in a street or way nor shall any other public work be done in or upon the same until such street or way has been built in conformity with a plan duly approved by the Board of Survey and it shall be the duty of the Town Engineer to certify that fact in writing to said board. No street or way shall be accepted by the town until it has been built in conformity with a plan duly approved by said board.
(i) Article 60 referring to building laws, referred to adjourned town meeting.
(j) Referring to Section 3, Chapter 143, General Laws indefinitely postponed.
Voted that the same committee of by-laws be continued, until work of same was finished.
Action on Other Articles
Article 7. Voted all reports be accepted under this article not call- ing for appropriations.
Voted, Article 11. To accept the report of the Finance Committee and adopt their recommendations as follows: That the town lay a 6 inch water main in the following streets: Magnolia road, 200 feet at an appropriate cost of $1,100; Nason road, 600 feet at an approximate cost of $2,700; Puritan avenue, 300 feet at an approximate cost of $300; Curry circle, 240 feet at an approximate cost of $660; Kings Beach terrace, 435 feet at an appropriate cost of $1,442; Puritan manor, 1710 feet at an approximate cost of $5,600; the costs to be paid from the revenue of the Water Department, but that no water main shall be laid in any part of any of the above streets, until the Town Engineer shall have certified, in writing to the Board of Select- men, that it conforms in line and grade to a plan accepted by the Board of Survey and abutters have signed an agreement to pay 6% interest until the water rates of users are equal to the interest there- on, proper waivers to be obtained from the abutters if in the judg- ment of the Water and Sewerage Board waivers are necessary for the protection of the town. (Unanimous).
Voted, Article 34. Action on this article be indefinitely postponed.
Voted, Article 39. To accept the report of the Finance Committee and their recommendations be adopted as follows: That at the annual town meeting of 1927, three members be elected as follows, namely, two members for terms of three years, and one member for the term of two years; that at the annual town meeting of 1928, one member be elected for the term of three years; that at the annual town meet- ing of 1929 two members be elected for the terms of three years. For, 58; against, 35.
Voted, Article 58. That action on this article be indefiintely post- poned.
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Voted, Article 61. To accept the report of the Finance Committee and their recommendations be adopted as follows: That action on this article be indefinitely postponed. For, 64; against, 48.
Voted, Article 62. To accept the report as amended that the town appoint a committee of seven members to study the advisability of adopting the plan of limited or representative town meeting, and to report at the next town meeting, following the completion of their report.
Voted, Article 64. Action be postponed until the adjourned town meeting.
Voted, Article 67. To accept the report of the Finance Committee, and adopt their recommendations as follows: That the town rescind those parts of the votes under Article 47, 48 and 52 of the warrant of the annual town meeting of 1925, and Article 7 of the warrant special town meeting April 7, 1925, which appropriated and authorized the Treasurer to borrow the amounts specified for the purposes specified in this article.
Voted, Article 68. To accept the report of the Finance Committee and adopt their recommendations as follows: That the town rescind that part of the vote under Article 71 of the warrant of the annual town meeting of 1925 which appropriated and authorized the Treasurer to borrow amounts specified for the purposes specified in this article.
Voted that when we adjourn it be to Tuesday evening, March 23, 1926, at 7.30 o'clock.
Voted to adjourn at 9.50 P. M.
Attest: RALPH D. MERRITT, Town Clerk.
Named Member Finance Committee
February 16, 1926.
Harry L. Norris, 22 Deven road, appointed a member of the Finance Committee, in place of James R. Dyer who resigned from said committee. Said appointment being made by Kendall A. Sanderson, Moderator.
Attest: RALPH D. MERRITT, Town Clerk.
Representative Town Government
March 2, 1926.
Kendall A. Sanderson, Moderator, appointed the following mem- bers of a committee to consider the question of representative town government: Henry S. Baldwin, chairman; Maurice Yozell, John B. Earp, Edmund A. Whiting, Weston K. Lewis, Frederick W. Lacroix, Stanley D. Forbes.
Attest: RALPH D. MERRITT, Town Clerk.
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1926]
March 8, 1926.
Ralph H. Burckes, 10 Essex avenue appointed a member of the com- mittee to consider the question of representative town government, in place of Weston K. Lewis, who resigned from said committee. Said appointment being made by Kendall A. Sanderson, Moderator.
Attest: RALPH D. MERRITT, Town Clerk.
Special Town Meeting, Tuesday, March 23, 1926 Town Warrant
Essex, ss.
To either of the Constables of the Town of Swampscott, in said County, GREETING:
In the name of the Commonwealth of Massachusetts, you are di- rected to notify the inhabitants of the town of Swampscott, qualified to vote in elections and town affairs to assemble in the Town Hall, in said Swampscott, on Tuesday, the twenty-third day of March at 7.15 P.M., then and there to act on the following articles, viz .:
Article 1. To see if the town will vote to extend the sewer in Ocean avenue a distance of about three hundred seventy-five feet and appropriate money for the same as recommended by the Water and Sewerage Board.
Art. 2. To see if the town will vote to pay to William H. Carroll the sum of $107 for use of automobile furnished the police department during the year 1924 as per itemized bill submitted to the said de- partment as yet unpaid, and appropriate money for the same, as pe- titioned for by Leon H. Spaulding, et als.
Art. 3. To see if the town will vote to instruct the heads of all town departments employing unskilled labor, to employ only voters first, and then the tax payers as such laborers, as petitioned for by Donato Pagano, et als.
Art. 4. To see if the town will vote to sell a certain parcel of land containing about 5508 sq. ft., and located at the corner of Jessie and Bertha streets between land now or formerly of Charles Vaughan on the westerly side and by land of the town on the northerly and north- easterly side.
Art. 5. To see what action the town will take with reference to the settlement of the claim of Estella F. Hooper for damages of per- sonal injuries alleged to have been sustained while traveling along Ingalls terrace, and appropriate money for the same.
Art. 6. To see what action the town will take with reference to the settlement of the claim of Anna F. Mccullough for damages for per- sonal injuries alleged to have been sustained by her while traveling along the sidewalk in front of Blaisdell's store in Humphrey street, and appropriate money for the same.
Art. 7. To see what action the town will take with reference to the settlement of the claim of Mary L. Burk for damages to land owned by her at 183-187 Burrill street, alleged to have been caused by the building of granolithic sidewalk adjacent thereto, and appro- priate money for the same.
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Art.8. To appropriate and raise by borrowing under any general or special law which authorizes the town to borrow money or other- wise such sum or sums of money as may be necessary for any or all of the purposes mentioned in the foregoing articles.
And you are directed to serve this warrant by posting attested copies thereof at the Town Hall, Post Offices and three other public and conspicuous places in the town, seven days before the day appointed for said meeting.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Town Clerk at the time and place of meeting aforesaid.
Given under our hands this fifteenth day of March, A.D. 1926.
HARRY D. LINSCOTT, PHILIP W. BLOOD, R. WYER GREENE, Selectmen of Swampscott.
A true copy, Attest :
FRANK H. BRADFORD, Constable.
Return on the Warrant
Pursuant to the within warrant to me directed, I have notified the legal voters of Swampscott, by posting attested copies of said warrant at the Town Hall, Post Offices, and three other public and conspicu- ous places in Swampscott, on Tuesday, March 16, 1926, the posting of said notices being at least seven days before the time of said meeting.
FRANK H. BRADFORD, Constable. March 22, 1926.
By-Law Approved
Notice received from the Attorney General that By-Laws adopted by the town of Swampscott, at the adjourned annual town meeting February 16, 1926, were hereby approved on March 15, 1926, by Jay R. Benton, Attorney General, with the exception of section 5, which is disapproved as indicated "to the collector of taxes except" and "otherwise" so that said section will read as follows:
"Section 5. All money received by any town officers or committees or any person acting for or on behalf of the town shall upon receipt thereof be paid as provided by the statutes of the Commonwealth, but in all cases the money so received shall be reported to the Board of Selectmen who shall publish the same in the annual town report."
Attest: RALPH D. MERRITT, Town Clerk.
Special Town Meeting, March 23, 1926
In accordance with the warrant the voters assembled at the Town Hall, on Tuesday, March 23, 1926.
The meeting was called to order at 7.30 P.M. by Kendall A. Sander- son, Moderator, the necessary quorum being present. The warrant and the return thereon was read by the Town Clerk.
The report of the Finance Committee was read by Charles I. Porter, chairman.
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Report of the Finance Committee on the Warrant of the Special Town Meeting, Tuesday, March 23, 1926
Article 1. To see if the town will vote to extend the sewer in Ocean avenue a distance of about three hundred seventy-five feet and appro- priate money for the same as recommended by the Water and Sewer- age Board.
We recommend that the town vote to extend the sewer in Ocean avenue a distance of about 240 feet and appropriate for this purpose the sum of $650.
Art. 2. To see if the town will vote to pay to William H. Carroll the sum of $107 for the use of automobile furnished the police depart- ment during the year 1924 as per itemized bill submitted to the said department and as yet unpaid, and appropriate money for the same, as petitioned for by Leon H. Spaulding, et als.
We are unable to find evidence that convinces us that this bill should be paid by the town. We recommend that action on this article be indefinitely postponed.
Art. 4. To see if the town will vote to sell a certain parcel of land containing about 5508 square feet and located at the corner of Jessie and Bertha streets between land now or formerly of Charles Vaughan on the westerly side and by land of the town on the northerly and northeasterly side.
We recommend that the town vote to authorize the Board of Select- men to sell and convey the lot of land specified in this article for the sum of $215.
Art. 5. To see what action the town will take with reference to the settlement of the claim of Estella F. Hooper for damages of per- sonal injuries alleged to have been sustained while traveling along Ingalls terrace, and appropriate money for the same.
We recommend that the town vote to pay the sum of $1050 to settle this claim.
Art. 6. To see what action the town will take with reference to the settlement of the claim of Anna F. Mccullough for damages for per- sonal injuries alleged to have been sustained by her while traveling along the sidewalk in front of Blaisdell's store in Humphrey street, and appropriate money for the same.
We recommend that the town vote to pay the sum of $325 to settle this claim.
Art. 7. To see what action the town will take with reference to the settlement of the claim of Mary L. Burt for damages to land owned by her at 183-187 Burrill street, alleged to have been caused by the building of granolithic sidewalk adjacent thereto, and appropri- ate money for the same.
We recommend that the town vote to pay the sum of $500 to settle this claim.
CHARLES I. PORTER, Chairman, HENRY A. SADLER, HARRY L. NORRIS, JOSEPH ATWOOD,
Finance Committee.
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Voted, Article 1. To accept the report of the Finance Committee and their recommendations be adopted as follows: That the town extend the sewer in Ocean avenue a distance of about 240 feet and appropriate for this purpose the sum of $650.
Voted, Art. 2. That one member from the Board of Selectmen, one from the Finance Committee, and one to be appointed by William H. Carroll, be a committee to pass on this article with full authority to act.
Voted, Art. 3. That the town instruct the heads of all town depart- ments employing unskilled labor, to employ only voters first, and then the tax payers as such laborers.
Voted, Art. 4. To accept the report of the Finance Committee and adopt their recommendations as follows: that the town authorize the Board of Selectmen to sell and convey the lot of land specified in this article for the sum of $215.
Voted, Art. 5. To accept the report of the Finance Committee and adopt their recommendations as follows: That the town pay the sum of $1050 to settle this claim.
Voted, Art. 6. To accept the report of the Finance Committee and adopt their recommendations as follows: That the town pay the sum of $325 to settle this claim.
Voted, Art. 7. To accept the report of the Finance Committee and adopt their recommendations that the town pay the sum of $500 to settle this claim.
Voted, Art. 8. Action under this article indefinitely postponed.
Voted to dissolve at 7.55 P.M.
Attest: RALPH D. MERRITT, Town Clerk.
Adjourned Annual Town Meeting, March 23, 1926
In accordance with the adjournment of February 16, 1926, the voters were called to order by Kendall A. Sanderson, Moderator, at 8 o'clock P. M.
Voted to dispense with the reading of records of last meeting.
Report of committee appointed to investigate relative to location for dumping refuse was read by Philip W. Blood. The report of the Finance Committee was read by Charles I. Porter, chairman.
Report of Committee Appointed to investigate relative to location for dumping refuse
To the Citizens of the Town of Swampscott,
We recommend as follows:
That the lots on Burpee road, Paradise road, Forest avenue and Pleasant street, as shown on a map on file in the office of the Board of Health, be used by the town for dumping of ashes and refuse, per- mission having first been obtained from the owners, and such other places as the Board of Health may from time to time approve and designate;
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That the Board of Health be authorized to employ a man to care for said dumps and do such other work as the board may determine;
That a proper fence be erected by the Board of Health along the place designated on the southerly side of Forest avenue;
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