USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1930 > Part 8
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Under Article 29 of the Warrant for the special town meeting held April 3, 1928, the town increased the salary of the Chief of Police from $2,360 to $2,600, his present salary.
At the last meeting the request of the officers and men of the Fire Department, except the Chief of that department, was presented under Article 71 of the Warrant. This article suggested the following schedule of salaries: Deputy Chief $2,430, Captains $2,265, Privates, after the second year of service, $2,100. The subject was fully discussed at this meeting, and while the increases requested by the members of this department were very much less than those now requested by the mem- bers of the Police Department, they were, nevertheless, refused by vote of the meeting.
In our report under Article 71 we mentioned the business de- pression, and the great mass of workers in private industries who are without employment. At a hearing before a Congressional committee the other day there was testimony that during the month of February, one worker in every four in this country was unemployed. This condi- tion is reflected in the budget of the Public Welfare Department of every city and town. Because of increased calls for aid this year, we increased our own budget in this respect more than $3,000 over that of last year.
We also mentioned the security of employment of these men, and the fact that they had the benefit of a pension system to which they do not have to contribute, while school teachers and employees of the United States Post Office have to contribute substantially to their pen- sion fund. We mentioned, too, the large amount that the town appro- priates annually for the maintenance of the Fire Department in com- parison with appropriations made by other communities similarly situated.
All of these statements are applicable with equal force to the Police Department. The members of this Department have the benefit of a
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pension fund to which they do not contribute. This means a substantial annual addition to their salaries. While no actuary has been consulted to determine the annual value of this pension in dollars and cents, it would seem fair to say that the establishment of this fund resulted in an annual addition of from $400 to $500 to the salaries of the members of this Department. Can we think of any private employer who is equally generous?
In considering this request we placed great weight upon the money we are spending annually upon this department. This year we appro- priated $38,346 for its use. The combined appropriations of this de- partment and the Fire Department for the current year total $79,186. This represents nearly $4 of our present tax rate, and is nearly equal to fifty per cent of the amount appropriated this year for the current expenses of our entire school system.
We should remember also that the appropriations already authorized exceed by more than $60,000 the amount appropriated during the entire year of 1929. This indicates an increase in the tax rate this year over that of last.
A representative of this body of men appeared before our commit- tee to urge the adoption of the increases requested, but after careful consideration, we have reached the conclusion that the members of this Department are fairly paid. We, therefore, recommended that action under this article be indefinitely postponed.
Article 7. We are informed by the Board of Selectmen that Mr. Nason has brought a petition to have damages assessed by a jury for the land described in this article. We believe that no good would result from any investigation that we might undertake. The Board of Select- men has full power to negotiate for the adjustment of litigation that is pending. We, therefore, recommend that action under this article be indefinitely postponed.
Article 8. We recommend for the purposes of construction, exten- sion and operation of the sewer system and particularly for the purposes mentioned in Article 44 of the Warrant for the annual town meeting held February 17, 1930, that the Water and Sewerage Board be author- ized to take, by eminent domain, an easement in fee in the following de- scribed parcel of land:
Beginning at the northwest corner of land owned by Annie T. McDermott, thence southerly by land of Annie T. McDermott and Alinbia Capozza for a distance of about 98.24 feet to land of Alice M. Blaney and Emily M. Porter; thence easterly by land of Annie T. McDermott and land of Alice M. Blaney and Emily M. Porter and land of Alvin P. Johnson for a distance of 31.40 feet; thence southerly by land of Alvin P. Johnson for a distance of about 95.5 feet to the north- erly line of Rockland street, the above described line being the westerly line of a sewer easement over land of Annie T. McDermott and land of Alvin P. Johnson. The easterly line of the sewer easement is 8.00 feet from and parallel to the westerly line; and that the sum of $50 be ap- propriated therefor from the Excess and Deficiency fund.
We recommend, for the purposes of construction, extension and operation of the sewer system, and particularly for the purposes men- tioned in Article 9 of the Warrant for the Special Town Meeting held March 26, 1930, that the Water and Sewerage Board be authorized to take, by eminent domain, an easement in fee in the following described parcel of land:
Beginning at a point 7.00 feet from the southwest corner of land owned by Melora T. Breed, thence northeast along the easterly boundary line of land owned by Melora T. Breed for a distance of 85.77 feet to land of Fred M. and Lenora B. Kimball, the above described line being the easterly line of a sewer easement over land of Melora T. Breed.
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The westerly line of the sewer easement is 8.00 feet from and parallel to the easterly line. The above described parcel contains 686 square feet; and that the sum of $50 be appropriated therefor from the Excess and Deficiency fund.
Article 9. Fred M. Kimball, who lives on Atlantic avenue, is having trouble with the disposition of the sewage from his dwelling house. This house is located at such a grade that the sewage therefrom cannot be emptied into the sewer that passes through Atlantic avenue. He has constructed several cesspools upon his land, but these now are inadequate, and the conditions are thought to be dangerous to the health of the occupants of his premises, and also to the community in the vicinity thereof. Relief from this condition can be granted only by connecting his premises with the Eastern Intercepting Sewer. To do this will require the taking of easements along the rear boundary line of the land of Mrs. Breed which adjoins the Kimball premises. This work is recommended by the Water and Sewerage Board and by the Board of Health. We recommend that a sewer be built from the East- ern Intercepting Sewer to the premises of Fred M. Kimball on Atlantic avenue, a distance of about 258 feet, under the direction of the Water and Sewerage Board, in accordance with plans made by the town engi- neer and subject to the provisions of the by-laws relating to the making and awarding of contracts; that all necessary easements in connection with the construction of said sewer be taken by said Board; and that the sum of $550 be appropriated for such work from the Sewer Emer- gency fund.
Articles 10 and 11. On February 21, 1916, the town accepted Sections 101 to 105 of Chapter 576 of the Acts of 1907 whereby a Municipal Insurance fund was established. Under the provisions of this act annual appropriations had to be made to this fund. These appropriations were discontinued several years ago, and at that time there was about $3,000 in this fund. Last year, the town appropriated $2,133.45 from the income of this fund and $1,019.70 from the principal thereof to pay premiums on insurance policies upon the various build- ings owned by the town. The Director of Accounts says that this appropriation was improper. The principal of the fund now amounts to $2,882.30 and the accumulated income to $226.71. We, therefore, recom- mend that the Board of Selectmen be directed to petition the Legislature to validate and confirm all acts of the town whereby said sums were used from said fund, and for authorization to use whatever now remains in said fund for any municipal purpose.
We recommend further that action under Article 11 be indefinitely postponed.
Articles 12 to 16. These articles relate to the consideration of the report of the committee appointed at the annual town meeting for 1929 concerning the reapportionment of the cost of main sewers and the assessment of the cost of particular sewers. Particular sewers are those that run from the main sewer to the property line of the abutter.
Chapter 86 of the Acts of 1902 is a special act pertaining to Swamp- scott. It provides in substance that the owners of estates abutting on streets in which sewers shall be laid shall pay twenty-five cents per running foot frontage on the street or way in which a sewer is con- structed, and three-tenths of one cent per square foot of area within a depth of one hundred twenty-five feet from the line of said street or way.
Chapter 401 of the Acts of 1903 is also a special act relating to Swampscott and prescribes the method for assessing the cost of building particular sewers. It provides in substance that the cost of constructing such sewers shall be assessed by the Board of Sewer Commissioners, now the Water and Sewerage Board, upon the estates benefited thereby on the basis of the average cost, as determined by said Sewer Commis-
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sioners, of connecting estates in that particular section of the town, the territory to be embraced in each section to be determined by vote of the town.
It is stated by the committee in its report that the method estab- lished for assessing the cost of main sewers resulted, in 1903, in the abutters paying substantially one half of the cost of sewers that were laid past their premises. This condition continued until 1914, but since that time, owing to increases in the cost of labor and materials, abutters on streets in which sewers have been built, have been paying less than one half the cost of main sewers, and the town has been paying more than one half the cost thereof. The committee, therefore, recommends that the method of apportioning the cost of main sewers be changed so that abutters in the future will pay approximately one half the cost of building such sewers, as they did in the period between 1903 and 1914. It is clear that if a method is adopted to produce this result, the income to the town from this source will be substantially increased.
We have conferred with this committee. At this conference a prop- erty owner was present, who also represented other property owners, who objected to any change in the method of apportioning the cost of building main sewers. He based his objection on this ground, namely, that since 1914 the town has been paying more than one half the cost of building main sewers owing to the increase in the cost of labor and materials; that during this period he and other property owners living in sections of the town that have not been sewered, have been con- tributing to the payment of this increased cost in the form of taxes assessed upon their property. In other words, they say that for the period of sixteen years, while they have been without sewers, they have, nevertheless, been helping to pay this increased cost for sewers that have been built for the benefit of other property owners. Having done this for so long a period, they say now, when sewers are about to be laid along their property, they should not be required to pay a larger propor- tion of the cost than has been paid by other abutters who have been benefited by sewers that have been built since 1914. In other words, they contend that there should be no change in the method of appor- tioning the cost of building main sewers, but that the town should continue to act in pursuance of the method prescribed in Chapter 86 of the Acts of 1902.
The town engineer estimates that about seventy-five per cent of the settled part of the town has been sewered.
We are impressed with the contention of these property owners. If an attempt had been made to change the method of apportioning the cost of main sewers within a reasonable time after increases in the cost of labor and materials had been fairly established, there would have been less objection to the plan. Sixteen years, however, have elapsed, and during that time no change has been attempted. Only a small por- tion of the settled part of the town remains to be sewered. While own- ers of property are benefited by the building of sewers along their premises, the inhabitants of the town generally are also benefited by the improvement in sanitary conditions that result. This justifies the pay- ment of a substantial part of the cost by the town.
We believe that no change should be made in this respect with reference to the present settled part of the town.
We recommend, therefore, that the cost of building main sewers be continued to be apportioned in the manner prescribed by Chapter 86 of the Acts of 1902 with reference to all streets which, at the date of the adoption of this recommendation have been laid out by the projectors thereof in accordance with a plan approved by the Board of Survey.
We recommend further that action under all these articles, except Article 13, be indefinitely postponed.
Article 13 relates to the assessment of the cost of building par- ticular sewers. Chapter 401 of the Acts of 1903 requires abutters to pay substantially the entire cost thereof. From 1903 to 1914 this was done,
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and fifty-seven cents per running foot was determined to be the amount which an abutter should pay. Since 1914, however, the cost of labor and materials has increased and this amount, namely, fifty-seven cents per running foot, does not fairly represent the amount that should be assessed upon abutters. To comply with the provisions of the act it is quite evident that a change should be made in the present rate. The above mentioned act prescribes the method of determining this cost. This act requires a division of the town into sections. The report of the committee investigating this matter states that the town has already been divided into two sections and that this division has been duly accepted by the town.
We recommend, therefore, that a third section be established in accordance with the provisions of said act, consisting of those parts of the town which have not been sewered in which, at the date of the adoption of this recommendation, there are streets that have been laid out by the projectors thereof in accordance with a plan approved by the Board of Survey, excluding therefrom all such streets embraced in sections heretofore established, and that the cost of laying particular sewers constructed in this section be assessed in the manner prescribed in said act.
Article 17. We recommend that action under this article be in- definitely postponed.
Respectfully submitted,
JAMES W. SANTRY, Chairman. RALPH J. CURTIS, CHARLES F. HATHAWAY, LEROY S. AUSTIN, RALPH H. CARY,
PAUL W. BRICKETT,
DONALD REDFERN, JOHN A. WALDO, Finance Committee.
Voted, Article 1. To accept the report of the Finance Committee and adopt their recommendations as follows: That the town appro- priate one thousand dollars ($1,000) from the Excess and Deficiency fund for the purchase of a power sprayer for the Moth Department.
Voted, Article 2. To accept the report of the Finance Committee and adopt their recommendations as follows: That the town appro- priate one thousand dollars ($1,000) from the Excess and Deficiency fund to be used for the purpose stated in this article to be expended under the direction of the selectmen.
Voted, Article 3. To accept the report of the Finance Committee and adopt their recommendations, namely: That the town appropriate the sum of $259.80 from the Excess and Deficiency fund for the purpose of this article.
Voted, Article 5. To accept the report of the Finance Committee and adopt their recommendations: That the Board of Selectmen and the Surveyor of Highways study the matters covered by this article and that they report thereon to the next annual town meeting.
Voted, Article 6. To accept and adopt the following amendment to report and recommendations of the Finance Committee, viz: That the following yearly salaries be established in the police department:
Chief $3,000.00
Captains $2,500.00 $2,190.00 Patrolmen after 3 years.
That said salaries become effective beginning April 1, 1930, and that the sum of $2,380 be appropriated and added to the police depart- ment budget to cover such increase. (Unanimous).
Voted, Article 7. To accept the report of the Finance Committee and adopt their recommendations: That action under this article be indefinitely postponed.
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Voted that Article 8 be considered after Article 16.
Voted, Article 9. To accept the report of the Finance Committee and adopt their recommendations: That a sewer be built from the Eastern Intercepting Sewer to the premises of Fred M. Kimball in Atlantic avenue, a distance of about 258 feet under the direction of the Water and Sewerage Board in accordance with plans made by the town engineer and subject to the provisions of the by-laws relating to the making and awarding of contracts: That all necessary easements in connection with the construction of said sewer be taken by said Board, and that the sum of $550 be appropriated for such work from the Sewer Emergency fund.
Voted, Articles 10 and 11 be taken up together.
Voted, Articles 10 and 11. To accept the report of the Finance Committee and adopt their recommendations on these articles as follows:
Article 10. That the Board of Selectmen be directed to petition the Legislature to validate and confirm all acts of the town whereby said sums were used from said funds, and for authorization to use whatever now remains in said fund for any municipal purpose.
Article 11. Further action be indefinitely postponed.
Voted, that the report of the committee to investigate the method of sewer assessment be not read, but Mr. Linscott explained the report to the meeting.
Voted to take up Articles 12 to 16 together.
It was moved and seconded that the report of the committee to investigate the method of sewer assessment be received, and that we take up Articles 12 to 16 as they appear in the Warrant. Motion was amended that we adjourn one week from this date at 8 P. M.
Voted to adjourn at 10:15 P. M. to Tuesday evening, April 22, 1930. at 8 P. M.
Attest: RALPH D. MERRITT. Town Clerk.
ADJOURNED SPECIAL TOWN MEETING April 22, 1930
In accordance with the adjournment of April 15, 1930, the meeting was called to order by John R. Hurlburt, Moderator, at 8 P. M., 102 members being present.
Voted, to dispense with the reading of records of last meeting.
Voted, that the report of the committee to investigate and study the present method of sewer assessments be read.
REPORT OF COMMITTEE ON SEWER ASSESSMENTS
The undersigned committee was appointed at the annual town meeting of 1929 to study the present method of sewer assessments and make report thereon to the town.
In 1902 and 1903 the legislature passed special statutes applying to Swampscott only, establishing the board of sewer commissioners, authorizing the construction, operation and maintenance of sewers, and providing a method of assessment of a portion of the cost upon estates benefited. This was the beginning of the present sewer system. The statutes were Chapter 86 of the Acts of 1902, relating to common sewers, and Chapter 401 of the Acts of 1903 relating to particular sewers.
With reference to the cost of common sewers, the Act provides that the owners of estates benefited, abutting on streets in which sewers shall be laid, shall pay the town towards defraying the cost an assess- ment or betterment charge of twenty-five cents per running foot frontage on the street in which the sewer is constructed and three-tenths of one cent per square foot of area within a depth of one hundred twenty-five feet from the line of such street; and that the remainder of the cost
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shall be borne by the town. The sewer commissioners shall determine the amount of the assessment and assess the same.
With reference to the cost of particular sewers, the Act provides that the town shall be divided into sections; that the territory to be embraced in each section shall be determined by vote of the town before work is begun and that the cost of constructing particular sewers shall be assessed by the sewer commissioners upon the estates benefited on the basis of the average cost as determined by the commissioners of connecting estates in the particular section.
In accordance with these Acts, a system of sewerage was laid out, construction begun, and a sectional map made entitled "Plan of Swamp- scott, Mass. showing division into sections for assessments upon par- ticular sewers and connecting drains, scale three hundred feet per inch, E. Worthington, Engineer, July 1903." On July 22, 1903, a special town meeting accepted the report of the sewer commissioners defining the territory to be included in section one on said plan. On December 22, 1906, a special town meeting accepted and defined the territory in- cluded within section two on said plan. We have been unable to find further votes of the town accepting or determining sections. The sec- tional map is still in existence and besides sections one and two shows section three. Sections one, two and three comprise the central por- tions of the town. No section appears on the map covering the lower or eastern and northeastern or the outlying sections of the town.
On January 1, 1904, a number of streets having then been sewered, the board of sewer commissioners voted to assess each estate and parcel benefited twenty-five cents per front foot and three mills per square foot of area within a distance of one hundred twenty-five feet, as deter- mined and fixed by Chapter 86 of the Acts of 1902.
On April 1, 1904, the board of sewer commissioners voted that by authority of Chapter 401 of the Acts of 1903, and in accordance with the vote of the town meeting of July 22, 1903, they do hereby find and determine that the average cost per foot of all connecting drains to be sixteen cents per foot and of particular sewers to be fifty-seven cents per foot.
From then to the present time we find no further formal vote with reference to the matter.
On March 24, 1904, the town voted to accept Chapter 49 of the Revised Laws. This chapter was a general act, as distinguished from a special act, and open to any city or town which accepted the same. It related to sewers, drains and sidewalks. It provided that any city or town which lays common sewers might accept the provisions of this chapter, notwithstanding the provisions of any special acts to the con- trary. Chapter 49 is now Chapter 83 of the General Laws. Several different methods for sewer assessments are set forth in this general chapter, and a city or town may adopt and follow any of them. Formal votes of the town and also of the sewer commissioners are necessary to operate under any of the methods allowed. We find no such votes. There is nothing to indicate that the town or the sewer commissioners undertook to act under Revised Laws Chapter 49, at least as far as sewers were concerned, after its adoption. As far as any records show, the commissioners probably have felt that they were acting under the special statutes above set forth.
The sewer commissioners continued to make their assessments under the vote of January 1, 1904, and the vote of April 1, 1904, on the basis of twenty-five cents per front foot and three mills per square foot within a distance of one hundred twenty-five feet, for main sewers and fifty-seven cents per running foot for particular sewers. As far as the main sewers were concerned, this assessment coincided with the special Act, Chapter 86 of the Acts of 1902, which fixed definitely the amount to be charged. As far as particular sewers were concerned, however, Chapter 401 of 1903 contemplated dividing the town into sections, new sections being added as the system was extended, and assessing the
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average cost of each section. In other words the Act required the property owner to pay the whole of the average cost in the section. This was not carried out.
At the time the sewer Acts were passed, the figure of twenty-five cents per front foot and three mills per square foot within a distance of one hundred twenty-five feet was estimated to be about fifty per cent of the average cost. This assessment comes to about sixty-two and one- half cents per foot of frontage for each property owner. Reckoning the property on both sides of the street, it gives the town approximately one dollar and twenty-five cents per foot for each foot of sewer laid past assessable properties. The cost today has been raised somewhat by the higher price of labor and material and lowered somewhat by improvements in machinery. It runs anywhere from one dollar and twenty-nine cents to nine dollars per foot according to the nature of the land. We have not attempted to figure the average cost per foot in any section or over any period of years. The cost of particular sewers runs anywhere from ninety cents to three dollars and fifty cents per foot according to the nature of the land.
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