Swampscott Select Board Meeting Analysis: December 1, 2021

This document provides an analysis of the Swampscott Select Board meeting held on December 1, 2021, designed for Town Meeting members and voters.

Section 1: Agenda

Based on the transcript, the likely agenda for the meeting was:

Call to Order & Pledge of Allegiance 11:13
Public Comment 12:15
- David Lawless (DPW Union) re: Contract Status
- Jen Murphy (Resident) re: Car Dealership License Concerns
Town Administrator’s Report 16:48
- COVID-19 Update / Omicron Variant
- Infiltration & Inflow (I&I) Policy Follow-up
- Tax Classification Hearing Preview
- Retirement Board Investment Return Discussion
- Net-Zero Commitment
- HR Assessment Plan
- Community Engagement (Senior Center Men’s Club, Hospice Tree Lighting)
Discussion and Potential Vote: White Court LLC Easement (35 Littles Point Road) 25:12
Public Hearing (6:30 PM): Euroline Motorsport, Inc. - Class II Automobile Dealer’s License (218-222 Paradise Road) 41:57
Joint Public Hearing (7:00 PM) with Board of Assessors & Finance Committee: FY22 Tax Classification 1:15:06
- Presentation by Town Assessor and Town Treasurer/Collector
- Discussion of Valuations, Tax Rates, Exemptions, CIP Shift
- Discussion of Free Cash Use
- Public Comment / Committee Input
- Select Board Votes on Classification Factors and Exemptions
Discussion: First Reading of Infiltration & Inflow (I&I) Mitigation Policy 3:00:44
Update: C&L Package Store Liquor License Status 3:17:46
Presentation and Renewal of 2022 Licenses 3:26:00
- Common Victualler Licenses (Presentation by Town Planner)
- Entertainment Licenses (Presentation by Town Planner)
- Liquor Licenses (Presentation by Administrative Assistant/Licensing & Police Department)
Votes of the Board / Consent Agenda 3:52:32
- Approve Meeting Minutes (11/17/21, 11/22/21)
- Approve Change of Manager Application (Uno Chicago Grill)
- Approve Change of Manager Application (VFW Post 1240)
Select Board Time / New Business 3:53:34
- Swampscott High School Football Update
- Announcement/Discussion: 40 Archer St / 54 Foster St 40B Application Received
Adjournment 3:58:43

Section 2: Speaking Attendees

Polly Titcomb (Select Board Chair): [Speaker 3]
Peter Spellios (Select Board Member): [Speaker 2]
Sean Fitzgerald (Town Administrator): [Speaker 1]
David Lawless (DPW Union Representative): [Speaker 4] (During Public Comment)
Jen Murphy (Resident, Franklin Ave): [Speaker 16]
Marzie Galazka (Director of Community & Economic Development): [Speaker 5]
David Grishman (Select Board Member): [Speaker 8]
Neal Duffy (Select Board Member): [Speaker 10]
Tim Hale (Finance Committee Chair): [Speaker 12]
Resident (Name not stated, lives near Paradise Rd/Franklin Ave): [Speaker 13]
Molly O’Connell (Town Planner): [Speaker 7]
Hanley De La Cruz (Applicant, Euroline Motorsport): [Speaker 18]
Chris Scannell (Representative for Applicant Euroline Motorsport): [Speaker 20]
Robert Bartolomeo (Resident, Franklin Ave): [Speaker 11] (During Car Dealer Hearing)
Ticia (Tiziana) C. Hopkins (Board of Assessors Chair): [Speaker 14]
Patrick Luddy (Town Treasurer/Collector): [Speaker 9]
Ben Strait (Town Assessor): [Speaker 4] (During Tax Classification Presentation - Note: Tag reused)
Eric Hartman (Finance Committee Member): [Speaker 19]
Jill Sullivan (Finance Committee Member/Former Chair): [Speaker 17]
Angelica Noble (Administrative Assistant/Licensing): [Speaker 6]
Detective Ted Delano (Swampscott Police Department): [Speaker 11] (During Liquor License Presentation - Note: Tag reused)
Allie Fiske (Assistant Town Administrator): [Speaker 15]
Unidentified Speaker: [Speaker 21]

Section 3: Meeting Minutes

Call to Order & Pledge: Chair Polly Titcomb called the meeting to order 11:13 and led the Pledge of Allegiance 11:57.

Public Comment: 12:15

David Lawless, representing the DPW Union, inquired about the status of their contract negotiations, noting the Board had not yet taken a public vote 13:19. Chair Titcomb confirmed no vote had occurred and advised him to contact Town Administrator (TA) Sean Fitzgerald 13:55.
Jen Murphy, a Franklin Ave resident, expressed concerns about a pending Class II car dealer license application for 218-222 Paradise Road (Euroline Motorsport), citing existing parking problems and safety issues on Franklin Ave and Paradise Road 15:07. Chair Titcomb invited her to share further comments during the upcoming public hearing 16:10.

Town Administrator’s Report: 16:48 TA Fitzgerald reported on:

Rising COVID-19 cases and monitoring the Omicron variant 16:51.
Ongoing work on Infiltration & Inflow (I&I) regulations, including peer community analysis and plans for a follow-up presentation 17:42.
The upcoming Tax Classification hearing 18:49.
A recent Retirement Board vote to decrease the investment return assumption to 7%, potentially adding $100k to the FY23 budget 19:19.
Swampscott signing onto the Commonwealth’s Net Zero by 2050 commitment 20:20.
An upcoming HR assessment/audit by CLA to review policies, practices, and potentially reorganization 20:43. Chair Titcomb inquired if this included recruiting assistance; TA Fitzgerald indicated it could be added to the scope 24:13.
Recent community engagement, including a meeting with the Senior Center Men’s Club and high school football captains 21:46 and the Hospice Tree Lighting 22:40.

White Court Easement: 25:12

Director of Community & Economic Development Marzie Galazka presented a request for the Board to accept a public pedestrian pathway easement at 35 Littles Point Road (White Court), connecting to the Bliswick path and providing ocean access 25:59. She noted the path and overlook were constructed by the developer.
Member Peter Spellios raised questions regarding the ability to add amenities like seating and signage within the easement 31:18 and inquired about timing sensitivities related to unit closings and ensuring title priority for the easement [37:19, 38:00].
Observation: The discussion involved detailed questioning about easement specifics (signage, seating, ADA access) and procedural concerns (timing, title priority, typical two-reading process). This led to a consensus to gather more information.
The Board decided to treat this as a first reading and postpone the vote to the December 15th meeting to allow Dir. Galazka time to clarify seating/signage possibilities with the developer and confirm there were no immediate timing issues impacting closings 41:01. Dir. Galazka later confirmed (via call during the meeting) that the easement acceptance was a post-closing matter, allowing time for review 3:18:27.

Public Hearing: Euroline Motorsport Class II License: 41:57

The Board opened the public hearing for Hanley De La Cruz’s (Euroline Motorsport) application for a Class II license for 8 cars at 218-222 Paradise Rd 42:53.
Town Planner Molly O’Connell provided background, noting the ZBA had approved the use but not a specific number, and mentioned precedents of 4 and 6 cars for other dealers 43:12.
Applicant Hanley De La Cruz explained his plan to transition from primarily repair to sales [45:18, 48:37].
Public comment strongly opposed the application based on existing parking congestion and safety concerns on Paradise Rd and Franklin Ave, alleging cars associated with the business (or the location generally) are already parked illegally or stored long-term on public streets [50:59, 56:07, 1:03:01].
Observation: Significant public comment highlighted neighborhood parking and safety concerns. The Board’s discussion centered on the requested number of cars (8 vs. precedents of 4/6), the applicant’s plan to shift business focus, the distinction between zoning and licensing authority raised by Member Spellios, and a noted lack of parking enforcement contributing to the problem. Member Spellios argued the lack of enforcement created an unfair situation for the applicant and made evaluation difficult 57:45. TA Fitzgerald acknowledged enforcement challenges and committed to reinforcing standard operating procedures and reporting 1:06:12.
The Board discussed potentially approving a lower number (e.g., 4 cars) or requesting a more detailed plan. Planner O’Connell offered to work with the applicant on a parking layout plan and conditions 1:01:24.
Motion by Member Spellios to continue the hearing to December 15th at 6:30 PM, requesting the applicant work with staff on a detailed parking plan, potential conditions, recommendations on parking rules, and the ZBA decision documents 1:14:48. Motion passed unanimously 1:15:06.

Joint Public Hearing: FY22 Tax Classification: 1:15:06

The Select Board convened jointly with the Board of Assessors (Chair Ticia Hopkins) and Finance Committee (Chair Tim Hale) 1:16:08.
Town Assessor Ben Strait presented data on FY22 property valuations, showing significant increases across all classes (Res: +10%, Com: +16.7%, Ind: +15.6%, PP: +24.4%) 1:20:08. He noted the Commercial/Industrial/Personal Property (CIP) share of total value increased to 7.62%.
TA Fitzgerald presented comparisons showing Swampscott’s average single-family tax bill becoming more aligned with Essex County and peer community averages over the past decade, while commercial/industrial values and tax bills have risen significantly relative to the county 1:24:34.
Town Treasurer/Collector Patrick Luddy reviewed appropriations, revenue sources (state aid, local receipts), and the calculation of the tax levy 1:33:53. He presented the estimated FY22 free cash certification ($4.15M) and discussed potential uses, noting the $1.55M historically used to offset the tax levy keeps the town within its 3-5% reserve policy guideline 1:38:00. He also reviewed the 10-year financial forecast, emphasizing (at Member Spellios’s prompting 1:40:21) that it’s a planning tool with conservative assumptions, not a precise budget prediction 1:40:55.
Assessor Strait reviewed policy options: recommended not adopting the Residential Exemption due to significant tax shifts onto higher-valued homes 1:44:32; recommended not adopting the Small Commercial Exemption, citing lack of awareness/use by businesses and potential negative impact on non-qualifying small businesses 1:47:04.
Assessor Strait presented the calculation for the maximum allowable CIP shift (170.311%, constrained by the minimum residential factor floor) and recommended adopting this shift along with using $1.55M in free cash, resulting in small increases for average/median single-family bills ($79/$53) and slight decreases for average/median condo bills 1:51:06. Various scenarios with different free cash amounts were presented 1:54:25.
Observation: Extensive discussion occurred regarding the use of free cash, balancing tax levy impact against long-term fiscal health and reliance concerns. Member Spellios questioned the sustainability of relying on large free cash amounts 2:10:56. Finance Committee members generally expressed comfort with the $1.55M recommendation as it fit policy guidelines [2:22:28, 2:24:29], though Member Sullivan noted the structural issue of “overtaxing and giving back” 2:25:21.
Board of Assessors Chair Hopkins raised concern about the growing excess levy capacity ($6M+) and questioned when the town might consider an underride 2:44:15. TA Fitzgerald cautioned against actions that could negatively impact bond ratings 2:46:06.
Following the joint hearing closure 3:00:10, the Select Board voted:
- To adopt the minimum residential factor (0.941976), resulting in a 170.311% CIP shift 2:49:41. Passed 5-0 2:58:09.
- To not adopt the Residential Exemption 2:50:08. Passed 5-0 2:58:09.
- To not adopt the Small Commercial Exemption 2:50:08. Passed 5-0 2:58:09.
Observation: A separate, notable discussion among Select Board members followed regarding the free cash amount to recommend for tax rate calculation. Members Spellios and Grishman advocated for recommending $1M instead of $1.55M, citing the need to reduce reliance and reserve funds for future needs [2:50:26, 2:52:15]. Member Duffy expressed reservations about the timing 2:53:48.
Motion by Member Grishman to recommend allocation of $1M in free cash for tax rate setting purposes 2:59:35. Passed 4-1 (Member Duffy opposed) 3:00:04.

First Reading: Infiltration & Inflow (I&I) Mitigation Policy: 3:00:44

TA Fitzgerald introduced a draft I&I policy, describing it as a proactive best practice to address significant infrastructure needs and generate dedicated funds for mitigation 3:00:54. He noted the proposed fee structure aims for an aggressive start, based on peer analysis, with plans to refine it after an ongoing asset assessment is complete.
Member Grishman questioned the proposed fee amounts, offset ratios compared to other towns (citing Saugus’s 10:1 initial ratio), cost impacts, and potential for banking/prioritization [3:03:51, 3:05:21, 3:08:34, 3:12:20]. Member Duffy questioned the large jump between fee tiers 3:14:08.
Observation: The initial discussion focused on the policy’s structure, fee levels, comparison with peer communities, and the desire for an aggressive approach balanced with gaining implementation experience.
The Board agreed to hold the second reading and potential vote on December 15th, with TA Fitzgerald planning to provide more detailed modeling and have technical experts available 3:17:46.

Update: C&L Package Store Liquor License: 3:17:46

Dir. Galazka reported that C&L Package Store has been closed since September 2021 3:19:29. Based on Town Counsel and ABCC guidance, she explained the standard practice is to put the licensee on notice that they have a limited time (typically 6 months) to utilize or transfer the license before it reverts to the town.
Motion by Chair Titcomb to approve renewal of the C&L license with the condition that the licensee must use or transfer the license within 6 months, or the license will be canceled 3:25:04. Passed 5-0 3:25:43. Staff will issue a formal notice.

Presentation and Renewal of 2022 Licenses: 3:26:00

Common Victualler (CV) & Entertainment: Planner O’Connell presented lists of businesses seeking renewal or new CV and Entertainment licenses that had completed inspections 3:26:32.
- Vote: Approve 28 CV licenses as listed 3:28:12. Passed 5-0 3:28:29.
- Vote: Approve Entertainment licenses as listed 3:31:22. Passed 5-0 3:31:39.
Liquor Licenses: Administrative Assistant Angelica Noble reviewed the annual renewal process, requirements (inspections, fees, fingerprints, insurance), license types, and Swampscott’s quota status 3:32:09. She noted Chipotle would not be renewing its license 3:40:03. Detective Ted Delano explained the police department’s role in monitoring establishments and conducting compliance checks for underage service 3:41:54.
Observation: Discussion clarified that compliance check results, while important for enforcement actions via separate hearings, do not directly prevent license renewal under ABCC rules 3:48:46. TA Fitzgerald indicated compliance results and potential hearings would likely come before the Board in January 3:49:07.
Member Grishman requested tabling the liquor license renewals 3:50:15. The Board agreed to move the renewals to the December 15th agenda 3:52:01.

Consent Agenda: 3:52:32

Motion by Member Grishman to approve the consent agenda, including minutes from 11/17 and 11/22, and change of manager applications for Uno Chicago Grill and VFW Post 1240 3:53:26. Passed 5-0 3:53:33.

Select Board Time: 3:53:34

Member Grishman noted the Swampscott High School football team was leading in the state finals game 3:53:35.
Chair Titcomb announced the town received a Chapter 40B Comprehensive Permit application from MassHousing for a 160-unit rental housing project at 40 Archer St / 54 Foster St 3:54:04. TA Fitzgerald noted staff requested an extension to the 30-day comment period 3:55:02. Dir. Galazka confirmed the request and mentioned seeking grant funding for ZBA consultant assistance and reviewing Subsidized Housing Inventory calculation methods 3:56:26. She will present more details on December 15th and requested Board members assist in drafting the comment letter.

Adjournment: 3:58:43

Motion to adjourn by Member Grishman 3:58:43. Passed 5-0 3:58:47.

Section 4: Executive Summary

This summary highlights the key decisions and discussions from the Swampscott Select Board meeting on December 1, 2021, of greatest interest to residents.

FY22 Tax Rate & Budget Decisions:

Tax Shift Set: The Board voted to apply the maximum allowable shift of the tax burden (170.311%) from residential properties to Commercial, Industrial, and Personal Property (CIP) for Fiscal Year 2022 2:49:41. This continues recent practice but reaches the legal limit based on current property value distribution. Significance: This aims to moderate residential tax increases but places a larger share of the tax levy on businesses.
Free Cash Use Debated: A significant discussion occurred regarding how much “free cash” (surplus funds from the previous fiscal year) to use to reduce the FY22 tax levy [2:10:56 - 2:26:18, 2:50:26 - 2:59:35]. While staff and the Finance Committee leaned towards the recent practice of using $1.55 million, the Select Board ultimately voted to recommend using $1 million 2:59:35. Significance: This decision reflects a tension between providing immediate tax relief and reducing the town’s reliance on using one-time funds for recurring budget needs, potentially signaling a shift towards smaller future free cash applications but resulting in a slightly higher tax increase this year than the alternative. Based on the $1M use, the estimated median single-family tax bill increase is approx. 1.8% ($137), and the average is approx. 1.6% ($146).
Exemptions Declined: The Board voted against adopting the Residential Exemption and the Small Commercial Exemption for FY22 2:50:08, consistent with staff recommendations citing fairness and limited effectiveness.

Development, Infrastructure & Licensing:

New 40B Housing Proposal: A major announcement was the town’s receipt of a Chapter 40B application for a 160-unit rental housing project proposed for 40 Archer St / 54 Foster St 3:54:04. The town has a limited time to submit comments to the state funding agency (MassHousing). Significance: This large-scale proposal could significantly impact Swampscott’s housing stock, traffic, and town services, and will undergo extensive review.
Car Dealership Hearing Continued: The public hearing for Euroline Motorsport’s request for an 8-car dealer license at 218-222 Paradise Rd was continued to December 15th 1:14:48. This followed significant resident concerns about existing parking and safety issues in the area [50:59, 56:07]. The Board requested the applicant return with a detailed parking plan and operational strategy. Significance: This highlights ongoing neighborhood concerns about traffic/parking impacts from businesses and the challenge of enforcement on busy roads like Paradise Rd (Route 1A).
New I&I Policy Introduced: The Board held a first reading of a new policy aimed at mitigating Infiltration and Inflow (I&I) into the town’s sewer system 3:00:44. The policy proposes fees on new development and significant renovations to fund sewer system repairs. Significance: This addresses aging infrastructure, aims to reduce costly wastewater treatment overages sent to Lynn during storms, and represents an environmental stewardship effort. A second reading and potential vote are expected Dec 15th.
White Court Path Easement Delayed: A vote to accept a public path easement at the White Court development was postponed to Dec 15th pending clarification on adding amenities (like seating) and confirming legal details 41:01.
Liquor License Renewals Tabled: While Common Victualler and Entertainment licenses were renewed [3:28:12, 3:31:22], the renewal of annual liquor licenses for bars, restaurants, and package stores was tabled until the December 15th meeting at a Board member’s request 3:50:15. The C&L Package Store license (currently inactive) was renewed conditionally, requiring the owner to find a location and operate/transfer within 6 months 3:25:04.

Town Operations:

Net Zero Commitment: Swampscott has signed onto the state’s commitment to achieve Net-Zero greenhouse gas emissions by 2050 2:02:20.
HR Assessment: An outside firm (CLA) will conduct an assessment of the town’s Human Resources functions and policies 20:43.

Section 5: Analysis

This analysis focuses on the dynamics and apparent effectiveness of arguments presented during the December 1, 2021, Swampscott Select Board meeting, based solely on the transcript.

Tax Classification & Fiscal Strategy:

The central dynamic during the tax classification hearing was the tension between maintaining recent levels of tax relief via free cash and addressing long-term fiscal sustainability. The staff presentation and initial Finance Committee comments favored the established practice ($1.55M free cash use) [1:57:08, 2:22:28], emphasizing stability and adherence to policy guidelines.
Member Spellios’s arguments against continued high reliance on free cash appeared influential 2:10:56, drawing parallels to the long-term consequences of underfunding infrastructure (like water/sewer rates). His framing seemed to resonate with Member Grishman 2:52:15, leading to the Select Board diverging from the staff/FinCom inclination and recommending a lower $1M free cash figure 2:59:35. This move signals a potential strategic shift, prioritizing structural balance over maximizing immediate tax mitigation, though Member Duffy’s opposition suggests this shift wasn’t unanimous 3:00:04.
The discussion on the CIP shift limit 2:01:59 and commercial tax burden [2:09:00, 2:32:26] highlighted the Board’s awareness of the increasing pressure on commercial properties but revealed no consensus or readily available mechanism (beyond free cash allocation) to significantly alter this trajectory within the classification vote itself. The decision to maintain the maximum shift reflects prioritizing residential relief within the allowed parameters.
The Board of Assessors Chair’s pointed question about the large excess levy capacity 2:44:15 effectively introduced another layer to the fiscal strategy debate, suggesting future discussions about potentially limiting the town’s taxing authority via an underride, though TA Fitzgerald offered a counterpoint regarding bond ratings 2:46:06.

Licensing and Enforcement Dynamics (Euroline Motorsport):

The Euroline hearing starkly contrasted resident opposition [50:59, 56:07, 1:03:01], focused on tangible quality-of-life impacts (parking, safety), with the applicant’s straightforward business objective 45:18.
Member Spellios’s intervention proved pivotal by reframing the conflict 57:45. His argument that the town’s failure to enforce existing parking rules created the problematic conditions and made fair evaluation difficult appeared to shift the Board’s focus from simply reacting to complaints towards demanding a more structured solution. This argument effectively highlighted a systemic issue (enforcement) impacting the specific licensing decision.
The outcome – continuing the hearing with specific requirements for a parking plan and operational details 1:14:48 – reflects the effectiveness of Spellios’s argument and Planner O’Connell’s pragmatic suggestion 1:01:24. It allows the Board to defer a decision while placing the onus on the applicant to address concerns within a framework potentially manageable through conditions and, critically, improved enforcement (as pledged by TA Fitzgerald 1:06:12).

Policy Development (I&I):

TA Fitzgerald effectively framed the proposed I&I policy as a proactive, necessary measure based on best practices and known infrastructure deficits 3:00:54. His emphasis on starting aggressively but remaining adaptable seemed aimed at preempting concerns about initial costs or rigidity.
Member Grishman’s questioning regarding fee structures, offset ratios, and comparisons to other towns’ aggressive initial approaches [3:08:34, 3:10:10] served to pressure-test the administration’s proposal and ensure the Board considered the full spectrum of options. This dynamic suggests a shared understanding of the problem’s severity but an ongoing deliberation about the optimal financial mechanism and initial fee levels. The decision to proceed to a second reading with more data indicates the Board seeks further justification for the specific rates proposed 3:17:46.

Procedural Scrutiny (White Court Easement):

The handling of the White Court easement demonstrated the Board’s (particularly Member Spellios’s) willingness to engage in detailed scrutiny of legal and practical implications, even for items seemingly straightforward [31:18, 37:19]. The questions raised about amenities, signage, title priority, and timing forced a pause and required staff to return with more definitive information, ultimately strengthening the final decision-making process by ensuring key details were addressed before acceptance 41:01.

Overall Meeting Management: