2021-06-16: Select Board

Click timestamps in the text to watch that part of the meeting recording.

Swampscott Select Board Meeting Review - June 16, 2021

Section 1: Agenda

Based on the transcript, the likely agenda for the June 16, 2021, Swampscott Select Board meeting was:

  1. Call to Order & Opening Remarks 0:00:45
    • Welcome (Hybrid Meeting Format)
    • Acknowledgement of Board Members
  2. Public Comment Period Introduction 0:01:40
  3. Community Recognition & Reflection: Swampscott Pride Event 0:01:56
    • Remarks by Chair and Board Members
    • Video Presentation & Remarks by Sena Khatib
  4. Juneteenth Proclamation 0:11:57
    • Reading of Proclamation
    • Motion & Vote to Endorse
  5. Vote to Rescind COVID-19 State of Emergency Declaration 0:16:12
  6. Housing Authority Matters 0:17:21
    • Update on Housing Choice Legislation Impact
    • Acknowledgement of Gubernatorial Appointee (Tara Cassidy Driscoll)
    • Update on Housing Authority RFP for Technical Assistance
    • Introduction and Appointment of Tenant Representative (Cynthia Tennant)
  7. Public Hearing: Aggregate Industries Earth Removal Permit FY22 (Continued)
    • Motion to Continue & Table 0:27:28
    • Motion to Untable & Resume Discussion 1:19:04
    • Presentation by Applicant Representative (Attorney Chris Drukas) 1:23:03
    • Board Discussion on Permit Terms & Potential Modifications 1:33:58
    • Input from Town Consultant (Jay Perkins) 1:44:39
    • Public Comment (ERAC Members Tony Bandewits & John Piccarello) 1:48:19
    • Board Deliberation & Vote on Permit 1:54:29
  8. Town Administrator Announcements & Related Actions
    • Announcement of Police Chief Ron Madigan’s Retirement & Board Recognition 0:28:33
    • Introduction & Appointment of Interim Police Chief Administrator David Kurz 0:44:51
    • Discussion of Permanent Police Chief Selection Process 0:53:19
  9. Annual Consolidated Evaluation of the Town Administrator (Sean Fitzgerald) 1:00:33
    • Reading of Consolidated Evaluation
    • Board Member Comments
    • Town Administrator Response
    • Vote on Evaluation and Performance Bonus
  10. Discussion & Vote: Communication to Town Committees & Boards 2:03:12
    • Review of Draft Letter re: DEI, Appointments, Officer Rotation
    • Board Discussion & Edits
    • Vote to Approve and Send Letter
  11. Discussion: FY22 Select Board Officer Elections (Deferred) 2:26:50
  12. Consent Agenda 2:27:38
    • Approval of Meeting Minutes (June 2, 2021)
    • Approval of One-Day Liquor License (Bentwater Brewing - with added rain date & location clarification)
    • Approval of Common Victualler License
  13. Town Administrator’s Report 2:29:11
  14. Select Board Time & Scheduling 2:34:53
  15. Adjournment 2:39:40

Section 2: Speaking Attendees

  • Peter Spellios (Select Board Chair): [Speaker 1]
  • Polly Titcomb (Select Board Member): [Speaker 2]
  • Sean Fitzgerald (Town Administrator): [Speaker 3]
  • Neal Duffy (Select Board Member): [Speaker 4]
  • Chris Drukas (Attorney for Aggregate Industries): [Speaker 5]
  • David Grishman (Select Board Member): [Speaker 6]
  • Ron Madigan (Police Chief): [Speaker 7]
  • David Kurz (Incoming Interim Police Chief Administrator): [Speaker 8]
  • Sena Khatib (Resident, via video): [Speaker 9]
  • Tony Bandewits (ERAC Member): [Speaker 10]
  • Cynthia Tennant (Resident, Housing Authority Appointee): [Speaker 11]
  • Jay Perkins (Town Blasting Consultant): [Speaker 12]
  • John Piccarello (ERAC Chair - inferred): [Speaker 13]
  • Allie Fisk (Assistant Town Administrator): [Speaker 14], [Speaker 17]
  • Sena Khatib (Resident): [Speaker 15]
  • Select Board Member (Unspecified): [Speaker 16] (Used for generic interjections/motions where speaker isn’t clearly identifiable)

Section 3: Meeting Minutes

Call to Order & Opening: Chair Peter Spellios called the meeting to order at 0:00:45, welcoming attendees to the hybrid in-person/remote format and thanking town technical staff. He noted it was the first fully constituted board meeting since the election of Members Neal Duffy and David Grishman over a year prior.

Pride Event Recognition: Chair Spellios spoke warmly about the recent Swampscott Pride event 1:56, introducing a video clip of resident Sena Khatib reading her poem “A Letter to Who I Can Be” 3:15. Following the video, Chair Spellios, Member Titcomb 7:35, Member Duffy 8:42, Member Grishman 9:11, and Town Administrator (TA) Sean Fitzgerald 9:35 offered heartfelt praise to Ms. Khatib for her powerful words, courage, and artistry. Ms. Khatib expressed gratitude for the opportunity to share her work 11:14. Observation: The board and TA demonstrated strong, unified support for the LGBTQ+ community and deep appreciation for Ms. Khatib’s contribution, setting a positive and inclusive tone.

Juneteenth Proclamation: Chair Spellios introduced the topic 11:57, and Member Duffy read the official proclamation recognizing June 19th as Juneteenth in Swampscott 12:26. Chair Spellios moved to endorse the proclamation, seconded by Member Titcomb 15:59. The motion passed unanimously by voice vote 16:01. Observation: The Board acted swiftly and unanimously to formally recognize Juneteenth.

Rescission of COVID-19 Emergency Declaration: Chair Spellios explained that following the Governor’s lifting of the statewide emergency, Town Counsel recommended the Board formally rescind Swampscott’s local Declaration of Emergency issued in March 2020 16:12. Member Titcomb moved to rescind 17:08, seconded by an unspecified Board Member. The motion passed unanimously by voice vote 17:09. Observation: This was a procedural vote handled efficiently.

Housing Authority Matters: Chair Spellios provided several updates 17:21: the impact of the state’s Housing Choice legislation requiring a tenant appointment to the Housing Authority (HA) board; congratulated Tara Cassidy Driscoll on her recent gubernatorial appointment to the HA; and commended the HA for voting to pursue a technical assistance grant to plan for future improvements, ensuring current tenants remain secure. He then introduced Cynthia Tennant, a resident of the HA, who had expressed interest in serving as the Select Board-appointed tenant representative 21:07. Ms. Tennant introduced herself, expressing deep roots in Swampscott and a passion for improving life for HA residents 22:49. Members Grishman 25:06 and Titcomb 26:16 spoke positively about their interactions with Ms. Tennant and her enthusiasm. Chair Spellios moved to appoint Ms. Tennant to the HA for a term consistent with legislation 26:47, seconded by Member Duffy 27:04. The motion passed unanimously by voice vote 27:06. Observation: The Board showed strong enthusiasm and support for Ms. Tennant’s appointment, emphasizing her passion and connection to the HA community.

Aggregate Industries Permit (Procedural): The Board voted unanimously to continue the public hearing regarding Aggregate Industries’ FY22 Earth Removal Permit 27:28 and then voted unanimously to table the hearing temporarily 28:06.

Police Department Leadership Transition:

  • Chief Madigan Retirement: TA Fitzgerald announced that Police Chief Ron Madigan would be retiring effective July 15th after 41 years of service 28:33. Chair Spellios 31:05, Member Grishman 34:31, Member Duffy 35:31, and Member Titcomb 36:47 offered extensive and heartfelt tributes, praising Chief Madigan’s kindness, integrity, community engagement, leadership during challenging times, and embodiment of modern policing principles. Observation: The Board’s comments reflected deep personal and professional respect for the outgoing Chief. Chief Madigan responded with gratitude to the town, his colleagues, and his family, assuring cooperation during the transition 39:52.
  • Interim Chief Appointment: TA Fitzgerald introduced his recommendation to appoint David Kurz, former Chief of Durham, NH, as Interim Police Chief Administrator, effective July 6th 45:22. Chief Kurz introduced himself, expressing respect for Chief Madigan and outlining his philosophy focused on procedural justice and community engagement [47:46, 49:33]. Member Titcomb shared positive impressions from her conversation with Chief Kurz 52:49.
  • Permanent Chief Selection Process: TA Fitzgerald outlined the anticipated process for hiring a permanent chief 53:58, noting the town’s removal from Civil Service, the need for community input in developing a profile, and an expected timeline likely exceeding several months (clarified by Member Titcomb 57:48 as potentially 6 months to a year). Observation: The Board appeared committed to a thorough, inclusive, and unhurried process for selecting the next permanent chief.
  • Vote: Member Titcomb moved to appoint David Kurz as Interim Police Chief Administrator 59:00, seconded by Chair Spellios 59:33. The motion passed unanimously by voice vote 59:41.

Town Administrator Evaluation: Chair Spellios read the consolidated annual evaluation of TA Sean Fitzgerald 1:00:33. The evaluation praised his strong financial leadership (resulting in record reserves and lower average tax bills than four years prior), work ethic, enthusiasm, and compassionate leadership, particularly during the COVID-19 pandemic and on issues of race and equity (DEI Director hire, Civil Service removal). Areas identified for continued growth included slowing down, enhancing listening skills, delegation, and communication (citing the solid waste policy rollout). Board members Titcomb 1:07:02, Duffy 1:09:33, and Grishman 1:11:30 echoed these points, highlighting his positive leadership style, financial acumen, and moral compass. Chair Spellios specifically credited TA Fitzgerald’s financial planning for positioning the town to afford the proposed new elementary school 1:13:56. TA Fitzgerald thanked the Board and acknowledged the feedback, committing to work on communication and listening 1:16:42. Member Titcomb moved to approve the evaluation and the contractual discretionary performance bonus 1:18:26, seconded by Member Grishman 1:18:51. The motion passed 4-0 via roll call vote (Grishman-Aye, Duffy-Aye, Titcomb-Aye, Spellios-Aye), with Chair Spellios noting absent member Don Haas also supported the motion 1:19:04. Observation: The evaluation process appeared thorough and constructive, balancing significant praise, particularly for financial management, with specific areas for development.

Aggregate Industries Permit (Substantive Discussion & Vote): The Board voted unanimously to take the public hearing off the table 1:19:34. Chair Spellios noted that comments requested from Aggregate Industries (AI) by June 7th were received late, on June 15th 1:19:36. Attorney Chris Drukas, representing AI, apologized for the delay and requested the hearing be continued further to allow for more discussion and negotiation on the draft permit terms, citing the complexity and involvement of AI’s corporate headquarters 1:23:03. Member Titcomb argued against further delay, noting the lengthy process already undertaken 1:31:20. Members Grishman 1:32:49 and Duffy 1:33:16 concurred with proceeding. Observation: A clear point of tension arose over the request for delay, with the Board prioritizing moving forward. The Board discussed specific issues raised by AI, including the mechanism for funding independent monitoring. Chair Spellios proposed three modifications to the draft permit: clarifying the annual blast limit (max 50/year, max 2/week) 1:41:18; adding a limit on blast depth charge; and refining language regarding blast suspension to relate to “imminent public safety concerns” 1:43:01. After consulting with Town Blasting Consultant Jay Perkins, who saw no clear correlation between depth and vibration in recent data and had no objection to 50 feet 1:45:30, the Board agreed to set the depth limit at 50 feet 1:47:28. Public comment was opened: ERAC member Tony Bandewits suggested giving ERAC and AI more time to review AI’s comments 1:48:22. ERAC Chair John Piccarello (inferred) echoed the difficulty of the process and uncertainty about resolving issues by June 30th 1:52:40. Member Titcomb expressed discomfort potentially diverging from ERAC’s preference but felt the permit was reasonable and the process needed closure, noting AI had operated with less oversight for years 1:54:29. Chair Spellios noted the permit could be amended later if needed and proposed directing staff to create a user-friendly online complaint system with mapping capabilities within 45 days 1:57:23. Members Duffy 1:59:34 and Grishman 2:00:30 supported moving forward with the vote. The Board voted unanimously to close the public hearing 2:01:15. Member Grishman moved to approve the FY22 Earth Removal Permit with the three modifications proposed by Chair Spellios (blast limits, 50ft depth limit, suspension clause refinement) 2:03:14, seconded by Member Titcomb. The motion passed unanimously by voice vote 2:03:26. Observation: The Board decisively approved the updated permit despite requests for delay, signaling a commitment to implementing enhanced oversight while remaining open to future technical adjustments. The directive for a new complaint system underscored attention to resident concerns.

Communication to Committees & Boards: Chair Spellios presented a draft letter to members of town committees and boards regarding efforts to promote diversity, equity, and inclusion (DEI), goals for board composition (skills, diversity metrics, geographic representation, mix of experience levels), and the practice of rotating officers 2:03:12. Discussion followed: Member Grishman raised issues with the online volunteer form’s usability 2:07:17. Member Titcomb questioned language stating goals “will bring about some change,” fearing it might imply targeting current members 2:09:01. Chair Spellios defended the language as reflecting the reality needed to achieve diversity goals but ultimately deferred to the Board 2:10:06. Member Duffy suggested removing “to ensure” from the bulleted list of goals 2:17:23. Assistant TA Allie Fisk sought clarification on the process for consulting committee chairs about member renewals 2:22:08; Chair Spellios advised focusing questions on member participation and needed skill sets rather than seeking endorsements for reappointment 2:23:00. The Board agreed to remove the phrase “to ensure” from the four bullets under the appointment goals and to delete the sentence “Achieving this goal will bring about some change…” 2:21:47. Member Titcomb moved to approve the letter as amended 2:26:28, seconded by an unspecified Board Member. The motion passed unanimously 2:26:49. Observation: The discussion revealed careful consideration of messaging to volunteers, aiming to promote diversity and new participation without alienating long-serving members. The final letter reflected a consensus to soften potentially prescriptive language.

FY22 Board Officers: This item was deferred to a future meeting when Member Don Haas could be present 2:26:50. Chair Spellios stated he would not seek or accept nomination for Chair again.

Consent Agenda: The Board approved the consent agenda items unanimously after Member Grishman noted the need to add a rain date (August 1st) and specify the location as the parking lot for the Bentwater Brewing one-day liquor license at Fisherman’s Beach [2:27:38, 2:28:11]. Approved items included June 2nd meeting minutes, the amended one-day liquor license, and a common victualler license.

Town Administrator’s Report: TA Fitzgerald provided updates on 2:29:11: pedestrian safety initiatives at the middle school; the recent joint finance meeting regarding the elementary school project; the discovery of an Elihu Thompson artifact; an upcoming Chamber of Commerce event; end-of-fiscal-year financial activities (projecting a surplus); the successful Senior Center ice cream social; the ongoing “Unpacking Racism” forum; and upcoming Juneteenth celebration.

Select Board Time & Scheduling: Chair Spellios reviewed upcoming meeting dates for July (14th, 28th) and August (4th, 18th) 2:34:53. He proposed holding meetings in neighborhoods during the summer, focusing on the elementary school project Q&A. He also requested tentatively holding Wednesday, June 23rd at 6 PM for potential end-of-year business. Member Grishman promoted upcoming tours of the Hadley School 2:38:12. Asst. TA Fisk noted a scheduling conflict for the 23rd, suggesting a remote meeting might be necessary 2:39:17.

Adjournment: The meeting was adjourned by unanimous vote following a motion and second 2:39:40.

Section 4: Executive Summary

This meeting of the Swampscott Select Board addressed several significant items, including leadership transitions, community initiatives, financial matters, and the resolution of a long-standing permit issue.

Community & Equity Focus: The Board began by celebrating the recent Swampscott Pride event, featuring moving testimony from resident Sena Khatib 1:56. They formally recognized Juneteenth by unanimously approving a proclamation read by Member Neal Duffy 12:26. Later, the Board approved sending a letter to all town committee members emphasizing the importance of diversity, equity, and inclusion (DEI) in volunteer appointments and encouraging rotation of leadership roles 2:03:12. Insight: These actions underscore a continued town focus on fostering an inclusive community and diversifying leadership.

Key Appointments & Transitions:

  • Housing Authority: Cynthia Tennant, a passionate resident of the Housing Authority (HA), was unanimously appointed as the tenant representative on the HA Board 26:47, a new position resulting from state legislation. This came alongside updates on the HA’s efforts to secure funding for future improvements 17:21. Insight: Ms. Tennant’s appointment aims to give HA residents a direct voice in governance as the town and HA explore significant facility upgrades.
  • Police Department: The Board formally acknowledged the impending retirement of highly respected Police Chief Ron Madigan after 41 years 28:33. Following extensive praise for Chief Madigan’s service, the Board unanimously appointed veteran Chief David Kurz as Interim Police Chief Administrator 59:00. Town Administrator (TA) Sean Fitzgerald outlined a deliberate, months-long process involving community input for hiring the permanent chief outside of the Civil Service system 53:58. Insight: This marks a major leadership transition. The move away from Civil Service and the planned inclusive hiring process signal a commitment to modernizing police recruitment and aligning leadership with community values.

Financial Management & School Project: TA Fitzgerald received a highly positive annual evaluation, with the Board highlighting strong financial stewardship that resulted in record reserves and average single-family tax bills lower than four years ago 1:00:33. This financial health was explicitly linked to the town’s ability to afford the proposed new elementary school project 1:13:56. Insight: Prudent financial management over recent years is presented as directly enabling critical infrastructure investment, positioning the town favorably for the upcoming school project decision.

Aggregate Industries Permit: After lengthy discussion and rejecting a request for further delay from the company’s attorney [1:23:03, 1:32:49], the Board unanimously approved the FY22 Earth Removal Permit for Aggregate Industries 2:03:14. The approved permit includes modifications strengthening oversight, such as clarified blast frequency limits (max 50/year, max 2/week) and a new blast depth limit (50 feet). The Board also directed staff to create an improved online resident complaint system 1:57:23. Insight: This decision concludes a multi-year effort to update regulations for the quarry, implementing stricter controls sought by residents while establishing a framework for ongoing monitoring and potential future adjustments.

Board Governance & Operations: The Board rescinded the local COVID-19 emergency declaration 16:12. They deferred election of FY22 officers, with Chair Peter Spellios announcing he would not seek the Chair position again 2:26:50. They also approved a letter encouraging diversity and turnover on town committees 2:26:28. Insight: The Board is actively managing its own operations and setting expectations for broader town volunteer structures.

Section 5: Analysis

This meeting showcased the Swampscott Select Board operating effectively across a range of functions, from celebratory recognitions to complex regulatory decisions and significant personnel transitions. The overall dynamic appeared largely collaborative, though points of tension and careful negotiation were evident, particularly concerning the Aggregate Industries permit and the messaging around committee diversity.

Leadership & Decision-Making: Chair Spellios demonstrated strong preparation and guided the meeting decisively, particularly in pushing for resolution on the Aggregate permit and articulating the rationale behind the committee diversity goals. His willingness to state he would not seek the Chair position again 2:26:50 signals a commitment to the principle of rotating leadership expressed in the committee letter. Town Administrator Fitzgerald’s positive evaluation, especially on fiscal matters 1:00:33, reflects Board confidence in his management, although the constructive feedback on communication and delegation [1:04:00, 1:08:26] suggests ongoing areas the Board will monitor. His handling of the police transition appeared smooth and well-received [28:33, 45:22].

Aggregate Industries Permit Dynamics: The interaction surrounding the Aggregate Industries permit revealed differing priorities and perspectives. Attorney Drukas, for Aggregate, emphasized process, complexity, and the need for negotiation 1:25:10, framing the Board’s proposed conditions as potentially unworkable without further discussion. His request for delay, however, was unpersuasive to a Board seemingly focused on concluding a protracted process 1:31:20. The Board asserted its authority to issue, not negotiate, the permit, while incorporating specific, data-informed (or lack-thereof, per consultant Perkins 1:45:30) modifications. The input from ERAC members Bandewits and Piccarello [1:48:22, 1:52:40], advocating for more time, highlighted a slight divergence between the advisory committee’s desired pace and the Board’s determination to finalize the permit before the fiscal year end. The Board navigated this by acknowledging the input but ultimately proceeding, framing the approved permit as a baseline that could be revisited [1:51:30, 1:56:17]. This decision reflects a balance between enforcing regulations and acknowledging operational realities, albeit prioritizing enforcement in this instance.

Committee Communication & DEI: The debate over the wording of the letter to committees [2:09:01 - 2:15:58] exposed the inherent sensitivity in promoting board turnover and diversity. Member Titcomb’s concern about the potential interpretation of the language 2:09:01 prompted a discussion about balancing directness with diplomacy when addressing dedicated volunteers. The Board’s eventual decision to soften the language while retaining the core goals 2:21:47 suggests a pragmatic approach, aiming to encourage change collaboratively rather than appearing prescriptive or confrontational. The discussion about how TA Fisk should interact with committee chairs regarding renewals 2:22:08 further indicated the Board’s intent to centralize appointment influence rather than delegating significant vetting authority to incumbent chairs.

Overall Effectiveness: The Board successfully navigated a packed agenda, making significant appointments (Tennant, Kurz), managing a key leadership transition (Madigan retirement), providing clear feedback to the Town Administrator, and decisively resolving the long-pending Aggregate Industries permit issue. Their actions on Juneteenth, Pride, and the committee letter consistently signaled a focus on inclusivity and modernizing town governance. While differences in perspective emerged (notably with Aggregate and slightly with ERAC timing), the Board demonstrated a capacity for deliberation and reaching clear, actionable decisions. The meeting leaves the impression of a Board actively shaping town policy and personnel in line with articulated priorities around fiscal responsibility, community inclusivity, and enhanced regulatory oversight.