Town annual report of Swampscott 1963, Part 9

Author: Swampscott, Massachusetts
Publication date: 1963
Publisher: The Town
Number of Pages: 156


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moval," and of course maintenance of the property.


We asked the Town Department of Public Works to assess the cost of prob- able maintenance and the Planning Board via Mr. John Milo, Chairman, for in- formation relative to present zoning and possible re-zoning if the Boston and Maine should suspend operation.


We find as follows: Added to the pur- chase price of $7,500, there would be a probable maintenance cost of $3,000 or a total of $10,500 as a cost to the Town for the first year; to be appropriated at the Town Meeting should a favorable vote be received. There is a possibility of other costs arising in the proper main- tenance of this property also.


Therefore, it is the recommendation of this Committee, in view of the situation of uncertainty concerning the future operation of the Boston and Maine Rail- road, and the conditional agreement in a Deed of Purchase, as herein stated, committing the town to a yearly main- tenance cost of uncertain amount; that it would not be feasible to purchase this property at this time. And thus to await a more favorable time in this particular case.


TOWN GOVERNMENT STUDY COMMITTEE


GEORGE B. THOMSON, Chairman


Statement of 1963 Policy and Program Economy and Revenue Committee - Town Government Study Committee


The 1962 and 1963 Board of Selectmen, as did its 1956 counterpart, feels that sharp tax rate increases call for more than drifting along with "Town politics and government as usual". Extraordinary measures are even more important now, per- haps, than they were then though the problem: inflationary and spiralling Town government costs and confiscatory taxation therefrom, is exactly the same as stated by the 1956 Selectmen and Finance Committee.


Neither the Board of Selectmen nor the Finance Committee can set a tax rate or exert much influence over it, in the final analysis, other than to lay the facts before the people, outline fiscal prob- lems, and recommend solutions. Some, for example: M.D.C. and County levies are beyond local control. But the bulk of the Town's spending is based on the peo- ple's demand for certain services and, no less important, departmental spending requests.


However, at least as important as costs of government is the revenue to meet these costs and the tax base from which the revenue is derived.


There is evidence that this base has been underestimated for years!


It is in this area that the Selectmen have asked for immediate analyses and recommendations to aid our taxpayers. A basic premise behind their "action now" approach is that more participating and interested citizens in the effort can mean more - better-informed citizens town- wide, and a resulting organized, united confrontation of our fiscal problems - not with a petty political approach, but a demonstrably sound and workable pro- gram, embracing immediate and long- range goals, carefully designated, both realistic, practical and specific avenues


for approaching these goals - broadly summed up as "Fiscal Stabilization" for Swampscott - are within our capabili- ties to the degree that there is coopera- tion among us.


In view of the Selectmen's assignment of the Economy Planning Committee and the Tax Revenue Study Committee to assist the Town Government Study Com- mittee in its broad review of Town ad- ministrative and legislative organization and procedures, it is in order to outline a preliminary program or working agenda in the initial period of adjustment.


1st. The Selectmen, recognizing that the Town Meeting had voted, in both 1962 and 1963, a mandate to the Gov- ernment Study Group which covered the 1956 Board's statement of purpose for its "long-range Economy Planning Com- mittee", specified that the two groups should operate as an "Economy and Revenue Committee" under the general direction of Robert C. Hunt, General Electric Contract Accountant, and Gov- ernment Study Committee member, who will act as co-ordinator. The new set- up will pull loose ends together, elimi- nate overlapping functions, reactivate a far-sighted effort, initiated in 1956, to find methods of tax rate control for the future.


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2nd. The Selectmen have ordered the Economy and Revenue Committee to fully and completely report to them and, through them, to the Town, exactly what has been, and is now, happening to every tax dollar. This work is now under way, supervised by Mr. Hunt. A preliminary report to the Town has been made. The Selectmen promptly acted on it.


The belief that the people have a right to the facts - all of the data and back- ground underlying our fiscal and tax pic- ture - seems hardly debatable to the Selectmen. It is the very least the people are entitled to and it is an obligation of the Town's officials to keep the citizens informed at all times: fully, honestly, and openly. These officials are public servants - no more - and, as such their business is the people's business. A solemn, basic duty is at stake here.


In many instances, it is clearly spelled out in the Statutes: - Town Agencies report all activities to the Selectmen and, through them, to the people - not just annually, but in every case, be it routine or significant.


This does not make Selectmen despotic "Little Ceasars". They remain people "selected to watch over the affairs of their neighbors between town meetings and to keep their neighbors fully in- formed, on a continuing basis of what is being done, and what they feel should be done, in behalf of the town.


3rd. The Selectmen have ordered the Economy and Revenue Committee to assist the Town Government Study Com- mittee in every way possible to do a full and complete job in getting at all the


facts relative to organization and pro- gramming.


The Town Government Study Com- mittee welcomes this assistance and, in 1964, proposes to initiate action to pub- licly review and outline all earlier Econ- omy Planning Committee, Tax Revenue Study Committee, and Finance Commit- tee proposals for fiscal stability which have current application. This summary will include related articles in old war- rants and any departmental or citizen's suggestions. Hundreds of pages of ex- pert advice - citizen and professional - is already available from the fifties.


4th. Proceeding from this solid base - "A Program for Fiscal Stability" should be the assignment of the Economy and Revenue Committee.


It will be clearly understood that "no punches will be pulled" in developing this program, and that the most radical and forceful measures are not beyond its scope. "Let the chips fall where they may" tritely but accurately covers the matter.


Can anyone honestly say that our harsh tax realities impose any lesser ob- ligation on our officials? We chose to ignore distasteful but vital measures re- sulting from the 1956 program - then halted the effort - simply because too many chose to shrink from reality - the practical reality of a need for change.


We cannot afford "the easy way" out again.


George B. Thomson Chairman, Town Government Study Committee


Second Annual Town Government Study Committee Report


A. Introduction


The Town Government Study Com- mittee, established under Article 17 of the Warrant for the 1962 Town Meeting


hereunder submits its report and recom- mendations for 1964.


Given a broad mandate by the town meeting's acceptance of the Finance Committee's favorable recommendation, the Town Government Study Commit-


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tee in 1962 began a regular series of Tuesday Executive Sessions. Seeking to get a cross-section of the views of Town Officials and Town Meeting members, they circulated a questionnaire. The per- cent response was good and many sug- gestions received - many, most con- structive - particularly when one con- siders that it is difficult for officials and Town Meeting representatives to be com- pletely objective where their own posi- tions may be involved. In addition, the people of Swampscott were invited to send in any suggestions they might have and made a significant contribution to the work and this report.


All proposals, except those obviously of dubious legal status, were placed in the Warrant for the 1963 Town Meet- ing. This was done whether or not the Committee favored them, in an attempt to allow the Town Meeting members to express their views publicly.


After a review of similar studies made by other towns, receipt of suggestions from Swampscott Officials and citizens, and lengthy discussions of obvious weak- nesses in our Government, as it is now constituted, certain measures received ap- proval - some did not.


Two basic points were made clear again and again in 1962 and in 1963:


(1) There is a definite need for cen- tralized overall control of the Town's Administrative business in the public in- terest.


(2) Swampscott has one of the largest Representative Town Meetings in the Commonwealth and one of the lowest attendance records. Out of 324 men and women, there are times when the Moder- ator has difficulty finding a quorum.


B.


To discuss these points in more detail:


1. Administrative Operation


The Board of Selectmen in Swamp- scott has been rendered virtually useless,


a mere vestige of the "old days". Stripped of its powers over the years, it retains some status as the Honorary or Titular head of Town Government. The Board does have control of the Police Department and some part-time em- ployees. It does have its own powers of personal persuasion and access to public opinion through the press, which has been kind enough to carry the Board's opinion on other areas of Town Govern- ment. To many citizens, active and vocal Selectmen have reinforced the mistaken concept that the Board is the actual head of a Town Government which, in reality, is made up of a group of com- pletely autonomous Boards, Committees and individual officials who, quite legally, operate independently of each other and the Selectmen, and are responsible only to the voters and the Town Meeting.


Thus, the Selectmen have become a kind of "referral agency" receiving let- ters from people who mistakenly believe they are contacting the Town's top executive authority. The Selectmen ac- knowledge each letter, referring the mat- ter to the appropriate Board, then pass back the other Board's answer. Perhaps, had Selectmen over the years been less accommodating and refused to act as "middle-men" by returning such letters to the sender, suggesting that the proper authority be contacted, and noting that the Selectmen have no say in the matter, many more citizens would be aware of the Board's weakness in the scheme of things.


The concept of a "headless" $5,686,- 250 ('62 actual figure) business is shock- ing, but true in our case. All the Select- men can do is sign warrants for issuance of checks after the money has been spent - a meaningless, archaic procedure.


Other towns have turned to the Town Manager or Executive Secretary form to centralize authority under the Selectmen and fix responsibility, and, in general, have come up with something which, on paper, is a neat pyramid of Town Administrative organization, with lines


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of authority and responsibility clearly drawn from the Selectmen on down. An organization chart for Swampscott, if one could be devised at all, would look like a meaningless hodge-podge of con- flicting, blurred relationships between departments and officials, largely based on personal contacts and verbal under- standings and misunderstandings.


However, towns with the neat pyra- mids of clearly defined lines of authority and responsibility have, overall, fared no better than Swampscott, with its "head- less" confused set-up. About all this proves is that any organization (or per- haps "disorganization," in our case) will function if staffed with reasonably intel- ligent adults, while the most perfect form of Town Government the experts can devise will fail miserably when staffed with people, elected or appointed, who are unfit to serve the general public in- terest by reason of insufficient mental capacity, experience and/or educational background, emotional maturity, or ethical standards.


Swampscott has studied and soundly rejected the Town Manager form of Government. By implication, it seemed logical to assume that variations would meet a similar fate. The Study Commit- tee, faced what appeared to be an insolu- ble dilemma. From the objective, con- sidered questionnaires and from informed, unbiased citizen reaction received by the Committee it was clear:


(1) That people assumed they already had a Board of Selectmen in general charge of Town Government. The refer- ence of the majority of all questions to the Selectmen over the years, no matter what department was actually concerned, is evidence of this contention.


(2) That many, aware of and con- cerned about the true situation, are con- vinced that centralized authority and re- sponsibility for the overall functioning of Town Government must reside some- where in the Adminstration Building, and that it would be ridiculous to consider


any other office than that of the Select- men;


(3) That as the Town Manager form not only had been rejected here, but also was making an unconvincing record in other communities, it provided no easy answer for the Committee, nor did varia- tions of it: "Exec. Sec'ty," "Director," etc.


Thus, faced with the dilemma between a clear need for centralizing authority and the absence of a ready made solution, the Committee conducted an exhaustive study, searching for another community which might have successfully dealt with this problem. Finding none, the Com- mittee decided that it must devise an approach tailored to the situation in Swampscott.


As in most other municipalities, cer- tain Boards and Officials with clearly de- fined, independent functions, spelled out in specific statutes and court decisions, should be eliminated from any corrective proposals. In brief, the Committee ex- empted from consideration the School and Library departments, the Housing Au- thority, the Finance Committee and the offices of Town Treasurer, Moderator, and Town Clerk and Tax Collector, be- cause of their already clear statutory responsibilities not subject to review.


The Committee feels that a reporting function to the Selectmen is universally implied, however, in cases where it is sought or is necessary for the proper in- formation and operation of the Board. This is, in fact, almost a 300 year re- quirement in our State - too often ignored. The public must be kept in- formed, not only through annual reports, required by January 5 of each town agency, but fully on a weekly, monthly or other regular basis.


In the case of a serious situation in any area, the Selectmen are properly equipped with unlimited investigatory powers under Chapter 98 of the Acts of 1959.


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The Study Committee feels that, ex- cepting those above-noted, all depart- ments and officials must be brought fur- ther under scrutiny and general coordi- nation of the Board of Selectmen.


It seems desirable and necessary to devise rules by which Town action can be more closely coordinated through the Board of Selectmen, the final "Clearing House" through some sort of "Advance Approval" function.


It also seems desirable and necessary to require regular reports by other Boards and officials to the Selectmen to assist them in carrying out their duty to keep the Townspeople informed. Submission of each Board's minutes to the Selectmen for itemized approval of proposed action by such Boards, in addition to copies of weekly reports from other officials, will enable them to report to the Public of the Town's condition and operation as required.


A specific by-law amendment to do the job of improving coordination and communication is being offered:


Article A. To see if the Town will vote to adopt the following amend- ment to its by-laws in accordance with that section of the report ac- cepted by the 1963 Town Meeting printed on pages 45 through 48 of that Warrant:


Amendment to Article IV, Sec- tion 2, new paragraph :


"In addition to this requirement that all town agencies submit re- ports to the Selectmen by January 5th, said agencies shall during the year promptly furnish the Select- men copies of any records, minutes of all meetings, plans, actions, etc., so that the Board may properly carry out its responsibilities for :


(a) Approving all expenditure warrants and contracts.


(b) Keeping the townspeople


fully informed at all times during the year of: the manner in which their town is being administered and of all actions of all depart- ments of both routine and signi- ficant import."


or take any action relative thereto.


In general, it will restore to the Select- mens' now meaningless approval of bills, a real significance because the Board will have participated in the initiation of the expenditures. It should be noted that this can be accomplished within the frame- work of the Town's present government through a minor modification.


The Public Works Department, by voluntarily adopting a policy of consul- tation with the Selectmen, had already established a pattern somewhat along these same lines, lacking only the formal- ized detail suggested above although that also has been pledged.


The cooperation and working relation- ship established by some agencies can and should be emulated by other Boards and Officials - not only when a crisis arises, but on a regular basis. Even press reports make the need for closer cooperation ap- parent.


Regular physical appearance before the Selectmen would seem to be wastefully time consuming. Copies of meeting minutes and/or reports from all Depart- ments and Officials, should suffice nor- mally. The Selectmen would be obligated to consider these promptly, indicating to those concerned approval, or disap- proval, of the whole or parts thereof forthwith. A few months experience, on a voluntary basis, would have made it simpler to deal with unforseen difficul- ties practically, rather than theoretically but another 12 months of discussion and study has not produced a significant question or doubt.


2. Town Meeting - Our Legislature


The second phase of the Committee's


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studies dealt with the Town Meeting and several obvious choices are open to the Town.


(a) We can remain as we are with 324 representatives, taking certain cor- rective measures to raise our level of attendance, information, and interest.


(b) We can reduce the number of Town Meeting representatives to 216 or 108 to shorten a confusing ballot so that voters may know the background and qualifications of those on the ballot, perhaps through a public information program conducted by the League of Women Voters or some other civic or- ganization or group.


(c) We can return to our pre-1927 open form. The physical problem of no auditorium large enough to allow an "open" Town Meeting might be met by use of a gymnasium or a private building such as the Surf Theatre or the New Ocean House Convention Hall. The parking situation - already a problem with 324 members - must be consid- ered.


A general article to allow considera- tion of the complaints is listed although these questions are proper decisions only for all Swampscott voters.


However, having presented these alter- natives to the town meeting in 1963, and having found that there was little or no serious interest in any change, this must be accepted as the preferred choice until presented to the voters on the ballot in the manner prescribed therefor.


Action on the following articles will be a measure of the need for change.


C. Other Articles for 1964 Consideration


Turning to the Articles submitted, it should be noted that action on them will serve as a guide to the Town Govern- ment Study Committee in perfecting the present proposal in Section B.


The action of the Town Meeting on


them could result in constructive changes, or the failure to deal with the issues involved could mean opportunities lost for orderly progress.


Article B. To see if the Town will vote to continue the Town Govern- ment Study Committee and appro- priate the necessary funds therefor.


As indicated, in the report above, much remains to be done, including spe- cific further studies recommended by others further proposals in final form. The members of the Com- mittee, with the exception of the Chair- man, have been engaged in a tax rate study during the year, inevitably delay- ing consideration of numerous matters of concern.


The Committee had little chance to do this during 1963, due to assignment of its members to the tax rate and tax base study.


However, the Chairman has received a great amount of information for future committee consideration from various sources.


Article C. To see if the Town will vote to petition the General Court for legislation to permit re-estab- lishment of its Board of Fire Engi- neers.


An unadjusted, decade-old action compels annual pleas for adoption of this. Recent retirements under conditions indicative of the situation; thrce medical cases, have again made this a must de- spite lobbying against the Town by past and present officials and special interest groups. We should stand for the "home rule" principle, denying that in our town there shall be second-class employees and citizens denied the right of appeal.


To correct conditions, which allegedly have damaged men's lives and careers and clouded their families' futures, there are alternatives open to Swampscott neigh- bors of the officers and men. For exam- ple :


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Article C-1. To see if the Town will vote to put on the 1965 ballot the question of whether or not to designate its Selectmen "Public Safety Commissioners" in accord- ance with G.L. Ch. 41, Sects. 21 and 101.


Article C-2. To see if the Town will vote to amend its By-Laws by adopting G.L., Ch. 40, Sect. 21B to establish a Personnel Relations Board.


In both C-1 and C-2 no new agencies are contemplated.


C-1 gives the Selectmen a new title, replacing that of "Police Commis- sioners".


C-2 is intended to give the Selectmen a new function.


Nor is there a need to go to Beacon Hill and face the annual underground campaign of falsehood and villification. The issue can be faced and resolved in Swampscott.


Favorable action on C-1 or C-2 should be followed by naming of a Selectman as "The Commissioner" (C-1) and/or having the Selectmen act as the "Per- sonnel Relations Board" (C-2) to avoid creation of new Town agencies.


There is now little room for lingering doubt that both C-1 and C-2 are an im- mediate necessity.


It should be noted that, far from a one-way street, an avenue to relieve the department head of subjective, personal problems will be created as well as im- provement in morale. His authority to oversee the technical operation of the department will be enhanced with such problems removed.


Article D. To see if the Town will vote to amend its By-Laws to ex- tend the terms of the Selectmen to 3 years as of March 1965 by electing 1 for 3 years, 1 for 2 years, and 1 for 1 year initially and petition the


General Court for necessary legisla- tion if any or take any action rela- tive thereto.


The adoption of this article is impor- tant for objective continuity on a Board in which we may see an increased cen- tralization of authority and responsibil- ity. The longer term, standard in the majority of towns in the Commonwealth, will extend the length of time a Select- man can serve his town without being concerned with political considerations.


2 Articles to :


1. Clarify organization of Building Dept.


2. Insure Town conformity with State Gas Code.


Article E. To see if the Town will vote to amend its Building By- Laws by adopting the following clarifying section to insure that this protective service is operated in the best interests of the Town and its people, substituting under "Article 1, Building Department" the fo'low- ing new Section 1 :


The Town's Building Department is forthwith to be re-established formally in accordance with the fol- lowing :


a. The Building Code Advisory Committee is to retain its exact present status and function, except that a member of the Board of Health shall be appointed to serve on the committee, by the Select- men, forthwith, for the balance of a regular four year term, until 1967, and Article 1, Section 2-c of the Building By-Law is hereby so amended.


b. The Building Inspector is here- by specifically (rather than by im- plication as before) designated as head of the Building Department and Zoning By-Law enforcement officer.


c. Serving under the coordination


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of the Building Inspector, and ap- pointed by the Selectmen, excepting only the Plumbing Inspector ac- cording to statute, notwithstanding any contrary provisions of any other town by-law or section thereof, shall be an assistant, when and if ap- pointed, under provisions of the present Building By-Law, the Wir- ing Inspector, the Plumbing Inspec- tor, appropriate Board of Public Works Personnel, in cases relating to water supply, sewage disposal, etc., Fence Viewers, Measurer of Lumber, Smoke Inspector, the Fire Chief or his designee for oil instal- lations, and any other inspectors who may later be designated where, as in the above cases, their func- tions are related to construction of any type.




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