2021-06-30: Select Board

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Swampscott Select Board Meeting Analysis: June 30, 2021

1. Agenda

Based on the meeting flow and topics discussed, the likely agenda was:

  1. Call to Order & Pledge of Allegiance (0:00:25)
  2. Public Comment (0:01:01)
  3. Town Administrator Remarks (Fire Department Heat Wave Event Video) (0:02:56)
  4. New and Old Business
    • Update from Massport Community Advisory Committee (CAC) Representative Alice Stein re: Flight Path Changes (0:07:19)
    • Review of Draft Site Plan for 16 New Ocean Street (Calix Peak) (0:34:18)
    • Update on New Elementary School Costs and Debt Modeling (1:36:19)
    • Update on Traffic Advisory Committee & Pedestrian Safety Issues (1:59:19)
    • Discussion and Vote: Set Special Town Meeting Date (Sept 13) & Town-Wide Election Date (Oct 19) for School Debt Exclusion (1:58:35)
    • Discussion: End-of-Year Transfers (FY21 Closeout) (2:25:09) (Vote deferred)
  5. Consent Agenda (2:40:57)
    • Accept Gift - Windsor Ave Playground ($100 from Rebecca Spear)
    • Accept Gift - Windsor Ave Playground ($50 from Deborah Borden)
    • Approve Common Victualler License - Zest Friends (286 Humphrey St)
    • Approve Minutes - June 16, 2021
  6. Town Administrator’s Report (2:41:42)
  7. Select Board Time / New Business (2:44:06)
    • Discussion on Protest Policies/Procedures
    • Discussion on Mental Health & Policing Initiative Updates
    • Discussion on Juneteenth Celebration
  8. Scheduling of Next Meeting (2:52:09)
  9. Adjournment (2:53:13)

2. Speaking Attendees

  • Peter Spellios (Select Board Chair): [Speaker 1]
  • Alice Stein (Massport CAC Representative): [Speaker 2]
  • Polly Titcomb (Select Board Member): [Speaker 3]
  • Peter D’Agostino (Calix Peak Representative): [Speaker 4]
  • Sean Fitzgerald (Town Administrator): [Speaker 5]
  • Marzi Golaska (Director of Community & Economic Development): [Speaker 6]
  • Patrick Luddy (Town Treasurer/Collector): [Speaker 7]
  • Amy R. O’Neil (Director of Finance / Town Accountant): [Speaker 8]
  • Michael Drayden (Calix Peak Civil Engineer): [Speaker 9]
  • John DiPietro (American Legion / Veterans Center Stakeholder): [Speaker 10]
  • Don Hause (Select Board Member): [Speaker 11]
  • Marty Geheran (Resident / Public Commenter): [Speaker 12]
  • Irene Pepperberg (Resident / Public Commenter): [Speaker 13]
  • Patrick Burke (Veterans Center Stakeholder - VFW/DAV/Legion): [Speaker 14]
  • MD Islam (Resident / Public Commenter): [Speaker 15]
  • Len Russo (Resident / Public Commenter): [Speaker 16]
  • Neal Duffy (Select Board Member): [Speaker 17]
  • Malcolm Moon (VFW Commander / Veterans Center Stakeholder): [Speaker 18] (During Veterans Center discussion)
  • Bob Zarelli (Calix Peak Architect): [Speaker 18] (Brief response at 1:35:34)
  • Andrea Gail Bennett (DAV / Veterans Center Stakeholder): [Speaker 19]
  • Allie Fiske (Executive Assistant / Staff): [Speaker 20]
  • Nelson Leon (VFW / Veterans Center Stakeholder): [Speaker 21]
  • David Grishman (Select Board Member): [Speaker 22]

3. Meeting Minutes

Call to Order & Pledge: Chair Peter Spellios called the meeting to order at approx. 0:00:25 and led the Pledge of Allegiance.

Public Comment: Chair Spellios apologized for omitting public comment in the previous meeting and explained the procedures for in-person and virtual participation (0:01:01). No public comment was offered initially.

Town Administrator Remarks: Town Administrator (TA) Sean Fitzgerald presented a short video compilation of photos from a recent Fire Department event where fire trucks were used to cool off residents during the heat wave, thanking Chief Archer and the department (0:02:57).

Massport CAC Update: Alice Stein, Swampscott’s Massport CAC Representative, presented via Zoom regarding proposed FAA procedural changes (RNAV approach for Runway 22L) (0:07:20). Using MIT study data and maps (0:10:35, 0:17:12), she detailed potential increased noise impacts over Swampscott and Nahant, contrasting this with potential benefits (primarily over water) for Lynn and Marblehead. Ms. Stein argued the changes, aimed at airline efficiency and supposed equity, would disproportionately burden Swampscott. TA Fitzgerald questioned why the flight path couldn’t be moved further over water off Swampscott’s coast (19:51). Chair Spellios characterized the FAA’s motivation as primarily airline efficiency, with equity as a secondary political consideration (26:09). The Board discussed the perceived inequity and the need for further analysis on the cost/benefit to airlines of alternative paths. Motion: The Board agreed by consensus to form a subcommittee (Members Polly Titcomb and Don Hause, with TA Fitzgerald and Ms. Stein) to draft a strongly worded letter opposing the proposed changes, citing the negative impacts on Swampscott (31:29). The letter is to be reviewed by the full Board in late July before submission to Massport/FAA by September. The Board also directed outreach to state legislators.

16 New Ocean Street (Calix Peak) Site Plan Review: Chair Spellios provided context on the project history and highlighted key changes in the current site plan: reconfiguration of the Pine St/New Ocean St intersection for safety/traffic calming, and a proposed shared curb cut for the Calix Peak development and the adjacent Veterans Center (0:34:18). Peter D’Agostino (Calix Peak) and Michael Drayden (Civil Engineer) presented the plan (41:18), focusing on the intersection improvements, the shared entrance, parking layout (12 customer, 6 employee spaces potentially leased from VFW lot), and moving deliveries away from Curry Circle to the front parking lot (54:24).

  • Board Discussion: Focused on details like the finish treatment/curbing along Curry Circle (49:19), the need for a clear physical demarcation and signage between Calix customer parking and Veterans Center parking (52:07), clarification on snow removal responsibilities (1:00:24), and ensuring adequate access for Veterans Center delivery trucks (57:54).
  • Veterans Center Feedback: Representatives Patrick Burke, Malcolm Moon, Andrea Gail Bennett, Nelson Leon, and John DiPietro spoke (1:04:15 - 1:15:19). They expressed general appreciation for Calix Peak’s collaborative approach but emphasized that several crucial details require resolution, including dumpster location, flagpole relocation, placement of the Howitzer, guaranteed parking separation, snow removal agreements, and ensuring large truck maneuverability. Concerns were raised about ensuring commitments made on paper are fulfilled during construction.
  • Resident Feedback: Residents from Curry Circle and the vicinity (Irene Pepperberg, MD Islam, Marty Geheran, Len Russo) raised concerns about potential parking overflow onto Curry Circle, snow storage/removal impacts on visibility and access, traffic safety at the New Ocean/Curry Circle bend, sightlines, bus stop access, and the need for timely communication about project progress and related town improvements (1:16:00 - 1:33:24). Staff noted DPW plans for Curry Circle roadway/drainage improvements 1:24:33. Chair Spellios acknowledged the need for the town to address adjacent street safety (parking restrictions, signage) beyond the scope of the Calix project 1:26:19.
  • Decision: Member Titcomb moved, seconded by Member Hause, to approve the site plan presented, subject to Calix Peak finalizing outstanding details to the satisfaction of the Veterans Center stakeholders, documenting these agreements in a formal lease amendment to be approved by the Select Board, and successful completion of the standard town regulatory review processes (Planning Board, ZBA, etc.). Chair Spellios commended the building design before the vote. The motion passed unanimously (1:36:13).

New Elementary School Costs/Debt Update: Chair Spellios contextualized the discussion, noting the final project budget ($98.35M) is significantly lower than initial estimates, Swampscott’s cost/sq ft is below the MSBA average, and the MSBA grant increased (1:36:19). Town Treasurer Patrick Luddy presented updated debt modeling scenarios (1:41:41). He explained adjustments to reserve fund projections (using more conservative investment return assumptions) and financing assumptions (borrowing $60M upfront in FY23 to maximize low interest rates). He detailed several scenarios for using the town’s Stabilization Fund to mitigate the tax impact. Scenario 8 (1:47:44), described as the “most aggressive” while still maintaining reserves within policy guidelines (dropping to 9% for only one year), would cap the median single-family home tax impact at approximately $300 per year through FY34 by utilizing $5.93M from stabilization. Board members expressed strong positive reactions to this scenario and the overall financial preparedness 1:54:00-1:56:13. TA Fitzgerald credited years of strategic financial planning and management across town departments. The Board directed staff to post the presentation materials online.

Special Town Meeting & Election Dates: The Board discussed setting dates related to the required debt exclusion for the new elementary school. Motion: Member Titcomb moved, seconded by Member Hause, to set Monday, September 13, 2021, as the date for the Special Town Meeting and Tuesday, October 19, 2021, as the date for the Town-Wide Election/Ballot Vote on the debt exclusion. The motion passed unanimously (1:58:35).

Traffic Advisory Committee & Pedestrian Safety Update: Director of Community & Economic Development Marzi Golaska, Chair of the Traffic Study Advisory Committee (TSAC), presented an overview of the committee’s mission, membership, and activity since January 2021 (1:59:19), listing types of resident requests received (signage, traffic calming, crosswalks, bike lanes, sidewalks, barriers). A significant discussion followed, initiated by Chair Spellios, expressing strong dissatisfaction with the perceived lack of tangible progress on pedestrian safety initiatives despite the committee’s revamp in 2019 and prior funding allocation (2:06:22). He cited the lack of proactive recommendations and slow progress on known issues (e.g., Pine St, Burpee Rd). Member Hause advocated for a proactive master plan approach (2:12:00). Member Titcomb shared frustration regarding Burpee Road delays and questioned if the committee’s structure hinders progress (2:13:26). Member Duffy noted the committee appeared primarily reactive (2:19:01). Dir. Golaska provided an update on Burpee Road, stating plans are moving forward for sidewalk installation, road repaving, and speed bumps, based on neighbor meetings and additional DPW funding (2:16:18); Chair Spellios requested the plan be shared with the Board. TA Fitzgerald accepted responsibility for the slow progress and committed to demanding more proactive input from public safety departments and focusing on “bricks and mortar investments” (2:22:52). The Board requested monthly TSAC updates and decided to appoint a Select Board liaison to the committee 2:19:52. The discussion was notably critical of the current pace and process.

End-of-Year Transfers (FY21): Director of Finance/Town Accountant Amy R. O’Neil presented proposed FY21 end-of-year transfers required to balance department budgets before closing the books (2:26:12). The Board discussed the items but agreed to defer the vote until after the Finance Committee reviews them, likely requiring a brief special meeting before the July 15 deadline. Key transfers discussed included:

  • $215,000 into Employee Group Health Insurance to cover a shortfall attributed primarily to a formula error in the original budget forecasting for Medicare Part B premiums (2:28:41).
  • $45,000 into Legal Counsel due to additional HR support needs and increased routine/Town Meeting work (2:31:36).
  • $45,000 into Solid Waste/Rubbish Removal due to increased recycling tonnage (offset by new trash bag revenue, though not directly in this transfer) (2:31:36).
  • $33,000 from Public Works Snow & Ice Removal to Public Works Signs for four sets of solar LED pedestrian crossing signs (2:35:07).
  • $25,000 from Assessing Vacancy Savings to Harbormaster Equipment Maintenance for emergency engine replacement on the Harbormaster boat (2:35:07). Member Titcomb questioned why this wasn’t a Finance Committee Reserve Fund transfer, sparking a brief discussion on the appropriate use of operating budget savings versus the Reserve Fund 2:36:45.

Consent Agenda: Member Titcomb moved, seconded by Member Hause, to approve the consent agenda including two gift acceptances for Windsor Ave Playground, a Common Victualler license for Zest Friends, and the June 16, 2021 minutes. Passed unanimously (2:41:35).

Town Administrator’s Report: TA Fitzgerald reported (2:41:42) on the hiring of new HR Director Tanya Chalup (starting July 19), library reopening, a planned reading of Frederick Douglass’ speech, a warning about illegal fireworks enforcement, the Senior Tax Abatement program status, and his attendance at a regional Chamber of Commerce event.

Select Board Time:

  • Member Hause raised the need for establishing clear policies/procedures for handling protests in town, balancing safety and First Amendment rights (2:44:06). TA Fitzgerald indicated discussions are underway with police leadership and legal counsel.
  • Chair Spellios addressed a constituent communication alleging police were instructed by the Select Board not to enforce bylaws during protests; he strongly refuted this, stating the expectation is uniform enforcement (2:46:06).
  • Chair Spellios and Member Titcomb reported attending a Mass Select Board Association webinar on mental health and policing, highlighting innovative programs in Brookline and a regional collaboration (Greenfield/Deerfield/Montague) using embedded public health professionals (2:47:35). They expressed hope Swampscott could explore similar initiatives.
  • Member Titcomb praised the recent Juneteenth celebration as a successful and meaningful town event (2:51:02).

Scheduling: The Board tentatively agreed to hold its next full meeting on July 21, 2021 (2:52:09). A brief special meeting with a quorum will be scheduled before July 15th solely to vote on End-of-Year transfers.

Adjournment: Motion to adjourn made and seconded; the meeting adjourned (2:53:13).

4. Executive Summary

This meeting of the Swampscott Select Board addressed several significant issues impacting residents, including potential airport noise increases, redevelopment of a key property, major progress on the new elementary school finances, and a critical review of the town’s approach to pedestrian safety.

Airport Noise Concerns Met with Opposition: The Board heard a concerning update from Massport CAC Representative Alice Stein regarding proposed flight path changes (RNAV procedure for Runway 22L) that could significantly increase aircraft noise over Swampscott 0:07:20. While framed partly as an “equity” measure potentially benefiting neighboring towns, the Board viewed it primarily as an airline efficiency effort disproportionately harming Swampscott residents. In response, the Board unanimously agreed to form a subcommittee (Members Titcomb and Hause, TA Fitzgerald, Ms. Stein) to draft a strong letter opposing the changes 31:29. Significance: This decision reflects the Board taking a firm stance to protect resident quality of life against potential negative impacts from Logan Airport operations.

Conditional Approval for 16 New Ocean Street Redevelopment: The Board granted conditional site plan approval for the Calix Peak project to redevelop the former liquor store site at 16 New Ocean Street 1:36:13. The plan includes safety improvements to the challenging Pine St/New Ocean St intersection and a shared driveway with the adjacent Veterans Center. However, approval is strictly contingent upon Calix Peak resolving outstanding concerns with Veterans Center stakeholders (regarding parking division, snow removal, site elements) and codifying these agreements in a lease amendment 56:22. Concerns from Curry Circle residents about parking and traffic were also noted for further review. Significance: This key redevelopment project moves forward, promising visual and safety upgrades, but critical negotiations remain to ensure the needs of the Veterans Center and neighbors are met.

Major Positive Developments for New Elementary School: The financial outlook for the new elementary school improved significantly. Chair Spellios and Treasurer Patrick Luddy reported the final project cost is $98.35M (below earlier estimates), Swampscott’s cost/sq ft is under the MSBA average, and the state grant increased 1:36:19. Crucially, Treasurer Luddy presented scenarios using the Town’s Stabilization Fund to dramatically lessen the tax burden. The most favorable option discussed could cap the median tax impact at ~$300/year 1:49:21, far lower than originally anticipated or comparison to the high school project. The Board set the key dates for voter approval: Special Town Meeting on Sept 13 and the Town-Wide Debt Exclusion Election on Oct 19 1:58:35. Significance: With costs contained and a plan to use reserves effectively, the financial feasibility of the much-needed new school has become considerably stronger as the project heads towards critical votes.

Pedestrian Safety Efforts Criticized, Renewed Focus Demanded: Following an update from the Traffic Study Advisory Committee (TSAC), the Select Board, led by Chair Spellios, expressed strong dissatisfaction with the lack of tangible progress on pedestrian safety improvements town-wide 2:06:22. Despite prior studies and committee restructuring, members felt known safety issues persist without sufficient action. Town Administrator Fitzgerald accepted responsibility and pledged to demand more proactive solutions from public safety departments 2:22:52. The Board requested monthly TSAC updates and will appoint a liaison for greater oversight 2:19:52. Some immediate actions, like funding for flashing pedestrian signs 2:35:07 and planned improvements for Burpee Road (sidewalks/speed bumps) 2:16:18, were noted. Significance: The Board signaled impatience with the current pace and demanded a more urgent and effective approach to addressing widespread concerns about traffic calming and pedestrian safety.

Other Key Items: The Board discussed FY21 end-of-year budget transfers (vote deferred), including covering a health insurance shortfall due to a past error 2:28:41 and funding Harbormaster boat repairs 2:35:07. A new HR Director was announced 2:41:42. Discussions also touched upon policies for protests 2:44:06 and potential mental health support integration with policing 2:47:35.

5. Analysis

This Select Board meeting showcased a mix of significant project advancements and pointed critiques of operational effectiveness, particularly concerning public safety.

Assertiveness on External & Internal Challenges: The Board demonstrated a unified and assertive stance against the perceived external threat of increased airport noise from Massport/FAA proposals. Chair Spellios effectively framed the issue as Swampscott bearing the burden for airline efficiency disguised as equity 26:09, galvanizing quick consensus to oppose 31:29. This contrasts with the internal challenge of pedestrian safety, where the Board’s assertiveness was directed inward, primarily at the administration and the existing committee process. Chair Spellios’s lengthy and direct criticism of the lack of progress 2:06:22 was a notable departure from typical updates, signaling deep frustration and potentially marking a turning point in demanding accountability and results. TA Fitzgerald’s acceptance of responsibility 2:22:52 appeared to acknowledge the validity of the critique, setting the stage for potentially more decisive action.

Negotiation Dynamics at 16 New Ocean St: The Calix Peak discussion highlighted the complexities of balancing development with stakeholder needs. Calix Peak representatives (D’Agostino, Drayden) presented professionally, emphasizing responsiveness to prior feedback (moving deliveries, intersection redesign). However, the Veterans Center stakeholders proved effective advocates, articulating specific, unresolved concerns clearly and respectfully 1:04:15-1:15:19. The Board, particularly Chair Spellios and Member Titcomb, effectively used their leverage by explicitly conditioning final approval on satisfying these stakeholders 56:22, demonstrating an understanding of their political and practical importance. The process appears functional but underscores that finalizing details is paramount for project success and community acceptance.

Strategic Financial Messaging for School Project: The presentation on school finances by Treasurer Luddy was strategically effective. By focusing on the reduced overall cost, favorable state grant, and, most importantly, the ~$300/year tax impact achievable through stabilization funds (Scenario 8) 1:49:21, the administration successfully shifted the narrative towards affordability and prudent management. This proactive use of financial modeling and reserve planning likely aims to build voter confidence and counter potential cost-based opposition ahead of the crucial debt exclusion votes. The overwhelmingly positive Board reception 1:54:00-1:56:13 suggests the message resonated internally.

Questioning the Traffic Safety Mechanism: The Traffic Advisory Committee update became a flashpoint revealing significant Board dissatisfaction with the current mechanism for addressing pedestrian safety. The critique wasn’t aimed at the committee members personally but at the process and outcomes. Multiple Board members (Spellios, Hause, Titcomb, Duffy) implicitly or explicitly questioned whether the reactive, request-driven, staff-heavy committee structure is capable of delivering the proactive, town-wide solutions needed [2:12:00, 2:13:26, 2:19:01]. The demand for a liaison and monthly updates 2:19:52 suggests the Board intends to exert more direct influence, potentially bypassing or augmenting the existing committee structure if progress doesn’t accelerate.

Transparency and Accountability: The discussion around the health insurance budget shortfall 2:28:41 was handled with transparency by Finance Director O’Neil, who identified the specific formula error. Similarly, Chair Spellios directly addressed and refuted claims about the Board instructing police not to enforce bylaws during protests 2:46:06, reinforcing expectations of lawful conduct. These moments contribute to an atmosphere of accountability, contrasting somewhat with the perceived lack of it in the traffic safety domain prior to the Board’s intervention during this meeting.