USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1928 > Part 20
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General Government
Legislative
$550.00
Selectmen
3,775.00
Accounting
2,545.00
Treasury
2,303.00
Certification of Notes and Bonds
500.00
Collector of Taxes
3,489.50
Assessors
4,100.00
Town Clerk
716.00
Election and Registration
3,000.00
Engineering
6,600.00
Town Hall
4,000.00
Town Hall Repairs
1,500.00
Law
1,000.00
Board of Appeals
250.00
$34,328.00
Amount carried forward
$34,328.00
L. Herbert Cahoon
C. Walter Burrill
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REPORT OF THE BOARD OF SELECTMEN
1928]
Amount brought forward
$34,328.00
Protection of Persons and Property
Police
35,470.00
Fire
39,840.00
Moth
4,673.00
Tree Warden
3.540.00
Forest Warden
200.00
Special
500.00
Inspector of Buildings
1,050.00
Sealer of Weights and Measures
85,828.00
Health and Sanitation
Health
8,895.00
Dental Clinic
1.200.00
Health Nurse
1,350.00
Cleaning Beaches
1,256.00
Refuse and Garbage
12.865.00
Health Dumps
1,700.00
Sewer
9,000.00
Particular Sewers
1,000.00
Brooks
500.00
37,766.00
Highways
Highway Administration
2,900.00
Highway
48,800.00
New Construction
20,000.00
Seal Coating
6,000.00
Street Construction
3,000.00
Street Watering and Oiling
5,500.00
Sidewalks and Curbing
4,000.00
Snow and Ice
10,000.00
New Equipment
5,800.00
Repairs on Equipment
600.00
Continuous Sidewalks
10.000.00
Lighting Streets
25,729.00
142,329.00
Charities
Public Welfare
9,500.00
Soldiers' Relief
5,500.00
State Aid
500.00
Military Aid
700.00
Pensions
5,677.88
21,877.88
Schools and Libraries
Maintenance of Schools
162,662.00
Repairs, Hadley, Clarke and Machon Schools
1,800.00
Development of School Grounds
1,000.00
Library
6,885.00
172,347.00
$494.475.88
Amount carried forward
555.00
218
TOWN DOCUMENTS
[Dec. 31
Amount brought forward
$494,475.88
Recreation and Unclassified
Parks
$8,500.00
Subordinate Officials
630.00
Memorial Day
500.00
Firemen's Memorial Day
200.00
Heat and Light, G. A. R. Hall
625.00
Heat and Light, V. F. W. Hall
200.00
District Nurse
300.00
Legion Lease
950.00
Trust Fund Custodian's Bond
40.00
Reserve Fund
5,000.00
Printing Town Reports
1,500.00
Insurance
3,153.15
21,598.15
Enterprises
Cemetery
4,680.00
Interest and Maturing Debt
Interest:
Loans in Anticipation of Revenue
10,000.00
General Debt
12,457.50
Sewer Bonds
7,018.75
T. B. Hospital Bonds
1,960.00
31,436.25
Municipal Indebtedness:
General Debt
35,700.00
Sewer Bonds
15,850.00
T. B. Hospital Bonds
4,000.00
55,550.00
County of Essex:
Essex Sanatorium Assessment (estimated)
5,834.29
5,834.29
Total
$613,574.57
Respectfully submitted, HOWARD K. GLIDDEN, R. WYER GREENE, DANIEL F. KNOWLTON, Board of Selectmen.
TOWN MEETING LAW [CHAP. 300.]
An Act providing for precinct voting, representative town meetings, town meeting members, a referendum and a moderator to serve for a year in the Town of Swampscott.
Be it enacted, etc., as follows:
Section 1. Upon the acceptance of this act by the town of Swamp- scott, as hereinafter provided, the selectmen shall forthwith divide the territory thereof into not less than six nor more than twelve voting precincts, each of which shall be plainly designated, and shall contain approximately an equal number of registered voters. The precincts shall be so established as to consist of compact and contiguous territory to be bounded, as far as possible, by the center line of known streets and ways or by other well defined limits. Their boundaries shall be reviewed and, if need be, wholly or partly revised by the selectmen in October. once in five years, or in October of any year when so directed by a vote of a representative town meeting held not later than September twen-
219
REPORT OF THE BOARD OF SELECTMEN
1928]
tieth of that year. The selectmen shall, within ten days after any estab- lishment or revision of the precincts, file a report of their doings with the town clerk, the registrars of voters and the assessors, with a map or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time, with the names and resi- dences of the registered voters therein; and they shall also cause to be posted in at least one public place in each precinct a map or description of that precinct, with the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the selectmen with the town clerk. Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the registered voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as the selectmen shall in the Warrant for such meeting direct. The provisions of the general laws relating to precinct voting at elections, so far as the same are not inconsistent with this act, shall apply to all elections and primaries in the town upon the establishment of voting precincts as hereinbefore provided.
Sec. 2. The representative town meeting membership shall in each precinct consist of the largest number divisible by three which will not exceed four per cent. of the registered voters in the precinct. The registered voters in every precinct shall, at the first annual town election held after the establishment of such precincts, and at the first annual town election following any precinct revision, conformably to the laws relative to elections not inconsistent with this act, elect by ballot the number of registered voters in the precinct, as provided in the first sen- tence of this section, to be town meeting members of the town. The first third, in the order of votes received, of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting: in case of a tie vote affecting the division into thirds, as aforesaid, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is other- wise provided herein, at each annual town election the registered voters of each precinct shall, in like manner, elect one third of the number of elected town meeting members to which that precinct is entitled for the term of three years, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of town meeting members in any such precinct. Upon every revision of the precincts the terms of office of all town meeting members from every precinct shall cease upon the qualification of their successors, who shall be elected at the annual town election held next after such revision. The town clerk shall, after every election of town meeting members, forthwith notify each such member by mail of his election.
Sec. 3. Any representative town meeting held under the pro- visions of this act, except as otherwise provided herein, shall be limited to the voters elected under section two.
The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. The town meeting members, as aforesaid, shall be the judges of the election and qualifications of their members. A majority of the town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may adjourn from time to time. All town meetings shall be public. The town meeting members as such shall receive no compensation. Subject to such conditions as may
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TOWN DOCUMENTS
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be determined from time to time by the members of the representative town meeting, any registered voter of the town who is not a town meeting member may speak at any representative town meeting, but shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect on the date of such filing. A town meeting member who removes from the town shall cease to be a town meeting member, and a town meeting member who removes from the precinct from which he was elected to another precinct may serve only until the next annual town meeting.
Sec. 4. Nomination of candidates for town meeting members to be elected under this act shall be made by nomination papers, which shall bear no political designation, shall be signed by not less than ten voters of the precinct in which the candidate resides, and shall be filed with the town clerk at least ten days before the election. No nomina- tion papers shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto when filed.
Sec. 5. The articles in the Warrant for every town meeting, so far as they relate to the election of the moderator, town officers and town meeting members, and as herein provided, to referenda, and all matters to be acted upon and determined by ballot, shall be so acted upon and determined by the registered voters of the town in their respective precincts. All other articles in the Warrant for any town meeting, beginning with the town meeting at which said town meeting members are first elected, shall be acted upon and determined exclu- sively by town meeting members at a meeting to be held at such time and place as shall be set forth by the selectmen in the Warrant for the meeting, subject to the referendum provided for by section eight.
Sec. 6. A moderator shall be elected by ballot at each annual town meeting and shall serve as moderator of all town meetings, except as otherwise provided by law, until a successor is elected and qualified. Nominations for and election of a moderator shall be as in the case of other elective town officers, and any vacancy in the office may be filled by the town meeting members at a meeting held for that purpose. If a moderator is absent, a moderator pro tempore may be elected by the town meeting members.
Sec. 7. Any vacancy in the full number of town meeting mem- bers from any precinct may be filled, until the next annual election, by the remaining members of the precinct from among the registered voters thereof. Upon petition therefor, signed by not less than ten town meeting members from the precinct, notice of any vacancy shall promptly be given by the town clerk to the remaining members from the precinct in which the vacancy or vacancies exist, and he shall call a special meeting of such members for the purpose of filling any vacancy. He shall cause to be mailed to every such member, not less than five days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by ballot and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the town clerk, together with a written acceptance by the member or members so chosen, who shall thereupon be deemed elected and qualified as a town meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifica- tions of the members as set forth in section three.
Sec. 8. No vote, except a vote to adjourn or authorizing the bor- rowing of money in anticipation of the receipt of taxes for the current year, passed at any representative town meeting shall be operative until after the expiration of five days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said five days, a petition. signed by not less than two hundred registered voters of the town.
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REPORT OF THE BOARD OF SELECTMEN
1928]
containing their names and addresses as they appear on the list of registered voters, is filed with the selectmen asking that the question or questions involved in such vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special meeting for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at two o'clock in the afternoon and shall be closed not earlier than nine o'clock in the evening and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by vote of the same proportion of voters at large voting thereon as would have been required by law of the town meeting mem- bers had the question been finally determined at a representative town meeting. The questions so submitted shall be stated upon the ballot in substantially the same language and form in which they were stated when presented to said representative town meeting by the moderator, and as appears from the records of said meeting. If such petition is not filed within the said period of five days, the vote of the represen- tative town meeting shall become operative and effective upon the expiration of said period.
Sec. 9. There shall be a finance committee appointed by the moderator from the town meeting members, consisting of one member from each precinct, who shall serve during their respective terms as town meeting members, and who shall be appointed at the first town meeting held after this act becomes operative. To this committee shall be referred all questions pertaining to the appropriation or expenditure of money, the creation of debt. the disposition of town property and all other questions affecting the town, for the purpose of making recom- mendations, but this shall not be construed to prohibit the appointment of special committees to investigate matters pertaining to the town or to execute work authorized by it. This committee shall have the power to consult with such departments, officers, employees or committees as may have information concerning any matter under consideration, and it shall be the duty of all departments, officers, employees or committees to furnish such information as they possess that may be required by said committee. It shall also have the power to examine, in connection with any subject under investigation or consideration, all books, vouch- ers, papers and all other instruments in the custody or possession of any officer, employee or agent of the town.
Sec. 10. All By-Laws or parts of By-Laws of the town incon- sistent with the provisions of this act are hereby repealed. The pro- visions of chapter forty-four of the General Laws shall continue to apply in the town of Swampscott notwithstanding the provisions of this act.
Sec. 11. The town of Swampscott, after the acceptance of this act, shall have the capacity to act through and be bound by its said town meeting members who shall, when convened from time to time as herein provided, constitute representative town meetings; and such representative town meetings shall exercise exclusively, so far as will conform to the provisions of this act, all powers vested in the municipal corporation. Action in conformity with all provisions of law now or hereafter applicable to the transaction of town affairs in town meetings shall, when taken by any representative town meeting in accordance with the provisions of this act, have the same force and effect as if such action had been taken in a town meeting open to all the voters of the town as heretofore organized and conducted.
Sec. 12. This act shall not abridge the right of the inhabitants of the town of Swampscott to hold general meetings, as that right is secured to them by the constitution of this commonwealth; nor shall this act confer upon any representative town meeting in Swampscott the power finally to commit the town to any measure affecting its
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TOWN DOCUMENTS
[Dec. 31
municipal existence or changing its government, without the action thereon by the voters of the town at large, using the ballot and the check list therefor.
Sec. 13. This act shall be submitted to the registered voters of the town of Swampscott at a special town meeting called for the pur- pose. The vote shall be taken in precincts by ballot in accordance with the provisions of the general laws, so far as the same shall be applicable, in answer to the question, which shall be placed upon the official ballot to be used at said meeting: "Shall an act passed by the general court in the year nineteen hundred and twenty-seven, entitled 'An Act pro- viding for precinct voting, representative town meetings, town meeting members, a referendum and a moderator to serve for a year in the town of Swampscott,' be accepted by this town?" So much of this act as authorizes its submission to the registered voters of the town of Swamp- scott shall take effect upon its passage and the remainder shall take effect upon its acceptance by a majority of the voters voting thereon.
Sec. 14. If this act is rejected by the registered voters of the town of Swampscott when submitted to said voters under section thirteen, it may again be submitted for acceptance in like manner from time to time to such voters at any annual town meeting or special town meeting called for the purpose in said town within three years thereafter, but not more than three times in the aggregate.
Approved April 23, 1927.
Accepted by Town, May 17, 1927.
223
REPORT OF TOWN COUNSEL
1928]
Town Counsel
Board of Selectmen, Swampscott, Mass.
Gentlemen :- I submit herewith my report as Town Counsel for the year 1928.
The year has been a busy one. Many opinions have been fur- nished, hearings and conferences attended and other legal work for the town transacted.
A matter of some importance was the petition for certiorari and for mandamus brought by Percival B. Palmer et al against the Board of Selectmen, being the first legal question raised relative to the inter- pretation of Chapter 300 of the Acts of 1927, which provides for the present form of representative town government in Swampscott.
At a special town meeting of May 10, 1928, there were various articles in the Warrant relative to a proposed taking of lands for school buildings. Article 6 was an article to see if the town would take the Palmer lot at the corner of Salem and Humphrey streets. Article 9 was to see if the town would take the Hastings lot on Forest avenue. Article 24 related to the borrowing of money for the purposes in ques- tion. A majority report of the Finance Committee recommended taking the Hastings lot. A minority report of the Finance Committee recom- mended taking the Palmer lot. After the reports were read, it was moved and seconded that the minority report be accepted and their recommendations adopted. Thereupon it was moved as an amendment to said motion that the majority report be accepted and their recom- mendations adopted. The amendment was voted upon and lost. A vote was then taken upon the original motion which was carried.
A petition was filed that the matter be referred to the voters by referendum under the provisions of Chapter 300 of the Acts of 1927. It then became the duty of the Selectmen to prepare a ballot. Counsel for Percival B. Palmer, the owner of the Palmer lot, requested that the Selectmen prepare a ballot which should have on it both questions namely, the amendment for taking the Hastings lot, which was lost, and the original motion for taking the Palmer lot, which was carried.
After considering the matter carefully, the Selectmen decided that there was but one question to be determined and that the only question which they had a right to place upon the ballot was the action of the town on the original motion taking the Palmer lot. Thereupon Mr. Palmer brought two petitions in the Supreme Judicial Court to deter- mine the legality of the Selectmen's action.
A hearing was held before Mr. Justice Sanderson, whose decision upheld the Board of Selectmen, stating:
"I interpret the statute of 1927, Chapter 300, Section 8, to mean that the matters submitted to referendum are the final effective votes on the measure and not amendments which have been adopted or re- jected before the final vote is passed. The motion to amend was in the nature of a motion to substitute the recommendation of the majority as the matter to be acted upon. I interpret the rejection of this motion not as a vote to reject the recommendation in the majority report, but as a vote not to substitute that report as the measure to be then voted upon."
Another matter to which a considerable time was devoted was the question of the status of the Lynn Sand & Stone Company. On Decem- ber 22, 1927, as the result of hearings and investigation, the State Fire Marshal issued a refusal to grant any more permits to the Lynn Sand & Stone Company to blast within fifty rods of a public street. The Fire Marshal's order was:
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TOWN DOCUMENTS
[Dec. 31
"I feel that it is my duty to refuse to grant you any more permits, unless the courts should order otherwise, to blast rock until you show a disposition to use what I think is a reasonable amount of dynamite in a blasting charge, or in other words an amount which will not cause a vibration that will interfere with the comfort, home life or welfare of the people residing in the vicinity of your quarry."
The Lynn Sand & Stone Company appealed from this order to the Commissioner of Public Safety who, under the statute, has the right to approve or revoke orders of the Fire Marshal. At the direction of the Selectmen, the Town Counsel appeared before the Commissioner of Public Safety to urge that the order of the Fire Marshal be upheld. Hearings were held on March 24, March 31, April 7 and June 28 and various witnesses examined. On July 6 the Commissioner of Public Safety made his decision approving the action of the State Fire Marshal.
There are now pending several important matters of litigation namely :
The petition of the estate of James Cogswell against the town for land damages in connection with the taking of land for cemetery exten- sion purposes in 1924.
Petition of Maria S. Hastings against the town for land damages in connection with the taking of land on Forest avenue in 1928.
Bill in equity by the town against the Knowlton Arms, Inc., to determine the validity of a building permit held by the latter.
Petition for mandamus against Harry E. Hardy, Building Inspector, to determine the validity of a building permit issued by him to Knowl- ton Arms, Inc.
Respectfully submitted, H. D. LINSCOTT.
225
COMMITTEE ON HIGH SCHOOL NEEDS
1928]
Needs of High School
Report of Committee on Needs of the Town With Respect to the High School.
At the adjourned annual town meeting of February 27, 1928, it was voted that a committee, consisting of one member from each precinct, together with the School Committee, be appointed to make an investiga- tion of the needs of the town with respect to the High School, and report at a subsequent town meeting.
The following citizens were appointed by the moderator as pre- cinct representatives: Messrs. Henry S. Baldwin, Philip E. Bessom, Chester A. Brown, H. Allen Durkee, John A. Holmes, John R. Hurl- burt and Mrs. Eleanor H. Ingelfinger, who, together with Messrs. George E. Mitchell, Rev. John Vannevar, Arthur M. Wyman, Mrs. Beatrice Wadleigh and Mrs. Marion Burdett, constitute your committee. At the first meeting on November 26 the committee organized with H. S. Baldwin, chairman, and Arthur M. Wyman, clerk. Fre- quent meetings have been held and inspection has been made of the Phillips High School and various modern schools in nearby towns and cities.
Your committee has endeavored to approach the subject from all viewpoints impartially, keeping in mind the best interests of the town. It is probable that the conclusions reached may be taken as represen- tative and would agree substantially with those of any similar group of citizens chosen to study and investigate the problem.
The Superintendent of Schools, Principal of the High School, Town Engineer and those citizens who attended the public hearing have been helpful and have offered constructive suggestions which have been much appreciated. The following report is submitted for your consideration :
Phillips High School
This school building stands on a lot which was given to the town without restrictions and was built in 1893-94, at a cost of about $54,- 000.00. The location is sightly and the lot has an area of 96,810 sq. ft. Approximately 20 per cent. of this, however, cannot be used, owing to a steep cliff. The building is about 35 years old and is built of brick and wood. In 1915 two wings and a gymnasium were added, with fire-proof stairways to the auditorium. The improvements cost $61,500.
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