2022-04-25: Select Board

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

Swampscott Select Board Meeting Review - April 25, 2022

Section 1: Agenda

Based on the transcript, the likely agenda items discussed, in the order they occurred, were:

  1. Call to Order & Pledge of Allegiance 0:02:17
  2. Public Hearing: Pomona Liquor License Application (128 Humphrey Street) 0:02:48
    • Presentation by applicant representative and applicant.
    • Board discussion regarding license type (Section 12 Wine & Malt vs. Wine, Malt & Cordials), ZBA approval status, and outdoor seating proximity to school.
    • Hearing Recessed 0:13:16
  3. Public Comment 0:13:42
    • Comment from Aaron regarding upcoming MBTA Multi-Family Zoning requirements.
  4. Public Hearing: Pomona Liquor License Application (Reconvened) 0:20:28
    • Further discussion on license specifics and available town licenses.
    • Discussion on procedural improvements for license applications.
    • Decision: Motion to continue the public hearing to May 4, 2022, at 6:00 PM passed. 0:30:59
  5. Town Administrator Report 0:32:35
    • Updates on budget finalization, contract negotiations, Fire Department hires, Retirement Board discussions, JRM/Republic Services transition, Library Director search, Earth Fest.
  6. New Business: Review/Reading & Vote on Handbooks 0:44:32 (Taken out of listed order)
    • Discussion and vote on: Code of Conduct Handbook, Board & Committee Handbook, The Select Board Handbook.
  7. New Business: Review of 2022 Town Meeting Warrant 0:59:35 (Taken out of listed order)
    • Article-by-article review, discussion, amendments, and votes on Select Board recommendations (or decisions to report at Town Meeting). Includes discussion of operating budget (Art 3), town CBAs (Art 4), school CBAs (Art 5 - Removed), enterprise funds (Art 6-9), revolving funds (Art 10), OPEB (Art 11 - Removed), Chapter 90 (Art 12), Capital (Art 13), Citizen Petitions (Art 14-15), Earth Removal Bylaw (Art 16 - Removed), Zoning Use Table (Art 17), Climate Resolution (Art 18), Indigenous Peoples Day (Art 19).
    • Vote to close the warrant. 1:56:13
    • Vote to allow electronic signatures. 1:56:35
  8. New Business: Planning Board Presentation re: MBTA Multi-Family Zoning Requirements 1:57:48 (Corresponds to Agenda Items C2 & C3)
    • Presentation by Planning Board Chair on Section 3A requirements, Swampscott’s obligations, timeline, and initial thoughts.
    • Board discussion on implications, infrastructure, affordability, and the need for community engagement.
  9. Votes of the Board: Consent Agenda 2:28:04
    • Reading and approval of consent items including one-day liquor licenses, hawking/peddling applications, and meeting minutes.
  10. Select Board Time 2:29:50
    • Farewell remarks by departing members Polly Titcomb and Donald Hause.
    • Remarks from colleagues and Town Administrator.
  11. Adjournment 2:45:52

(Note: Citizen Petitioner Presentations and FY23 Budget Discussion were incorporated into the Warrant Review section).

Section 2: Speaking Attendees

  • Polly Titcomb (Select Board Chair): [Speaker 2]
  • Peter Spellios (Select Board Member): [Speaker 1]
  • Sean Fitzgerald (Town Administrator): [Speaker 3]
  • Select Board Member (Name not stated): [Speaker 13]
  • Donald Hause (Select Board Member): [Speaker 7]
  • Angelica (Licensing Staff): [Speaker 6]
  • Oscar Pomona (Applicant, 128 Humphrey Street Food Services Inc): [Speaker 10]
  • Neal Duffy (Select Board Member): [Speaker 5]
  • Marcie Galazka (Community Development/Planning Staff): [Speaker 11]
  • Aaron (Resident/Public Commenter): [Speaker 8]
  • Select Board Member (Name not stated): [Speaker 15]
  • Amy Saro (Director of Finance Administration): [Speaker 9]
  • Tony (Earth Removal Advisory Committee Representative): [Speaker 12]
  • Angela Ippolito (Planning Board Chair): [Speaker 4]
  • Patrick Luddy (Finance Staff): [Speaker 16]
  • Town Official (Name not stated): [Speaker 14]

Section 3: Meeting Minutes

1. Call to Order & Pledge: Chair Polly Titcomb called the meeting to order. The Pledge of Allegiance was recited 0:02:28.

2. Public Hearing: Pomona Liquor License (128 Humphrey St): The Board opened the public hearing for a Section 12 On-Premises Retail Wines and Malt Beverage license for Pomona 0:02:48. Angelica (Licensing Staff) and applicant Oscar Pomona presented details of the proposed cafe-style establishment, largely modeled after their Winthrop location, operating 8 AM - 9 PM with proposed outdoor seating 0:04:34, 0:06:16. Discussion ensued, led primarily by Member Peter Spellios, focusing on clarifying the exact license type (Wine/Malt vs. Wine/Malt/Cordials) permitted under Section 12 and confirming the scope of the ZBA approval, particularly regarding alcohol service proximity to the adjacent school 0:08:31. Confusion arose regarding available license counts and the specifics allowed by the ZBA decision, which was not readily available in the meeting packet. Member Spellios requested an updated license quota report from Licensing Staff 0:20:44. Further discussion centered on the proposed outdoor seating on the side of the building, with Members Spellios and Donald Hause expressing concern due to its direct proximity to the school playground 0:26:37, 0:27:36. Chair Titcomb indicated less concern if school was not in session 0:31:09. Due to the lack of clarity on the license specifics and ZBA decision details regarding premises, Member Spellios moved to continue the hearing. MOTION: To continue the Public Hearing for 128 Humphrey Street Food Services Inc dba Pomona to Wednesday, May 4, 2022, at 6:00 PM (Spellios). Seconded. VOTE: Passed unanimously 0:30:59. Member Spellios and the Town Administrator noted the need for improved internal processes and checklists for license applications 0:23:50.

3. Public Comment: Aaron, a resident, spoke regarding the upcoming MBTA Multi-Family Zoning Requirements 0:14:05. He urged the Board and town government to proactively communicate the “why” behind the state mandate, linking it to housing and climate crises. He advocated for creating a town-wide task force involving multiple boards (Planning, Open Space, ConCom, Historical, ZBA, All Ages, Disability Commission) and residents to ensure transparency and collaboration. He suggested this effort could be as significant as the “Swampscott Say Yes” campaign and ideally culminate in a land summit 0:17:11. Chair Titcomb responded positively, agreeing on the need for a task force, potentially integrated with a land use summit concept 19:06.

4. Town Administrator Report: Town Administrator (TA) Sean Fitzgerald reported on 0:32:36: finalizing the budget with the Finance Committee (FinCom); successful negotiation and ratification of town contracts; the hiring of two new firefighters, Brittany Coppinger and Dennis Barry 0:33:45; ongoing discussions with the Retirement Board regarding extending the pension liability payoff schedule to ease budget pressure 0:34:19; the transition of the town’s solid waste contract from JRM to Republic Services, emphasizing the intent to uphold contract terms and service levels 0:34:48; finalizing candidates for the Library Director position; and promoting the upcoming Earth Fest town-wide cleanup on April 30th 0:35:41. Member Spellios requested the TA convey concerns about Republic Services’ past performance regarding customer service to the new management 0:38:06. Chair Titcomb inquired about potential cost impacts or negotiations related to the Republic takeover 0:39:53.

5. New Business: Handbooks: Member Spellios introduced the revised drafts of the Select Board Handbook, Board & Committee Handbook, and Code of Conduct Handbook 0:44:38. He highlighted their purpose in providing guidance, clarifying protocols (like communication through the TA), and setting standards for decorum and conduct, including processes for handling complaints like harassment. A significant discussion occurred regarding the Code of Conduct’s investigation process 0:51:22. Chair Titcomb expressed concern about relying solely on internal investigation (TA/HR) for sensitive issues like sexual harassment, advocating for an option or mandate for independent investigation to ensure objectivity and encourage reporting, especially for volunteers not covered by employee protections. Member Spellios and TA Fitzgerald argued that the TA/HR should have discretion, similar to employee procedures, to determine if external investigation is warranted, avoiding a potentially costly mandatory external review for every complaint 0:53:35. Consensus was reached to amend the language to grant the TA/HR discretion to engage third-party investigators as needed. Amendments included adding signature pages to all handbooks and clarifying the reporting structure. MOTION: To approve the Select Board Handbook, Board & Committee Handbook, and Code of Conduct Handbook, as amended (requiring signatures, clarifying TA/HR discretion for investigations) (Spellios). Seconded (Hause). VOTE: Passed unanimously 0:58:37.

6. New Business: Warrant Review (2022 Annual Town Meeting): The Board undertook a detailed review of the draft warrant 0:59:35.

  • Art. 1 (Reports): No action.
  • Art. 2 (Prior Bills): Noted prior favorable action vote.
  • Art. 3 (Operating Budget): Finance Director Amy Saro explained amendments based on updated state aid figures and discussions between the TA and Superintendent, restoring funds to the school budget 1:01:49. MOTION: To recommend favorable action on Art. 3 as amended (Spellios). Seconded. VOTE: Passed unanimously 1:05:17.
  • Art. 4 (Town CBA Funding): Language amended to include “or other identified funds” after “free cash” 1:06:18. Decision: Take no action/Report at Town Meeting pending final figures.
  • Art. 5 (School CBA Funding): TA Fitzgerald reported the Superintendent requested including this article as a placeholder, but acknowledged no MOU or financial details were available 1:08:09. Extensive discussion followed, with Members Hause and Spellios expressing strong reservations due to the lack of information, financial analysis, and time before Town Meeting 1:10:52, 1:11:37. Concerns were raised about setting a precedent and the lack of involvement of the town’s financial team in preliminary discussions. MOTION: To remove Article 5 from the warrant (Hause). Seconded (Duffy). VOTE: Passed unanimously 1:21:13.
  • Art. 6 & 7 (Water/Sewer Enterprise Budgets): Member Neal Duffy requested clarification on the impact of proposed retained earnings transfers on rates 1:22:11. Finance staff indicated modeling assumed approx. 3% water and 2.75% sewer increases 1:23:31. Given the desire for more detail. Decision: Report at Town Meeting.
  • Art. 8 (Transportation Enterprise): Noted prior favorable action.
  • Art. 9 (Stormwater Enterprise): Noted prior favorable action.
  • Art. 10 (Revolving Funds): Noted prior favorable action. Member Spellios questioned the rationale for the spending cap 1:25:16.
  • Art. 11 (OPEB Funding): MOTION: To remove Article 11 (Spellios). Seconded. VOTE: Passed unanimously 1:26:24.
  • Art. 12 (Chapter 90): MOTION: To recommend favorable action (Spellios). Seconded. VOTE: Passed unanimously 1:27:02.
  • Art. 13 (Capital Projects): Decision: Report at Town Meeting after further review of FinCom/CIC recommendations.
  • Art. 14 & 15 (Citizen Petitions - FinCom Appointment / SMS Windows): Citing FinCom’s recommendation and differing views on merits (especially appointment authority for Art 14). MOTION: To recommend indefinite postponement for both Art. 14 and 15 (Spellios). Seconded (Duffy). VOTE: Passed unanimously 1:45:48.
  • Art. 16 (Earth Removal Bylaw Amendments): Member Spellios moved to remove, citing preference for comprehensive review over piecemeal changes 1:28:40. Tony (Earth Removal Committee Rep) argued for passing non-controversial administrative changes now 1:31:43. The Board maintained its position. MOTION: To remove Article 16 (Spellios). Seconded (Hause). VOTE: Passed unanimously 1:33:34.
  • Art. 17 (Zoning - Use Table Amendments): Planning Board Chair Angela Ippolito presented changes made per prior Board request 1:33:50. Discussion involved clarifying definitions (“commercial establishments”) and ensuring consistency (e.g., adding banks above ground floor) 1:36:25. Agreement reached to refine language via floor amendment at Town Meeting. Decision: Report at Town Meeting 1:40:55.
  • Art. 18 (Climate Action Plan Resolution): Language amended to “vote to adopt” instead of “authorize” 1:41:42. TA-provided comment discussed and amended 1:48:05. MOTION: To recommend favorable action with amended comment (Spellios). Seconded (Hause). VOTE: Passed unanimously 1:49:24.
  • Art. 19 (Indigenous Peoples Day Proclamation): TA-provided comment discussed and significantly amended for clarity and sensitivity 1:50:16. MOTION: To recommend favorable action with amended comment (Spellios). Seconded. VOTE: Passed unanimously 1:55:09.
  • Warrant Closing: MOTION: To close the Annual Town Meeting Warrant consistent with votes taken (Spellios). Seconded. VOTE: Passed unanimously 1:56:13. MOTION: To allow electronic signatures on the final warrant (Spellios). Seconded. VOTE: Passed unanimously 1:56:35.

7. New Business: MBTA Multi-Family Zoning Presentation: Planning Board Chair Angela Ippolito presented on the requirements of the new state law (MGL Ch. 40A, Sec. 3A) mandating MBTA communities create zoning for by-right multifamily housing 1:57:48. Key points included: Swampscott classified as a “Bus Community” requiring zoning for ~1257 units at a minimum density of 15 units/acre over at least 50 developable acres (likely needing ~85 acres total); the district must be within 0.5 miles of transit (flexible for bus communities), have no age restrictions, and be suitable for families; the deadline for zoning adoption is Dec 31, 2023 2:09:03; compliance is tied to eligibility for state grant programs 2:11:44. Initial thoughts centered on Vinnin Square as a potential area 2:08:05. A notable discussion followed. TA Fitzgerald expressed concern about the infrastructure burden and the lack of MBTA participation 2:12:21. Member Spellios argued strongly for embracing the mandate as an opportunity for necessary, planned density and growth, contrasting it with past lack of planning 2:14:57. Member Hause echoed the need for proactive planning 2:18:45. Chair Titcomb raised concerns about the lack of an explicit affordability requirement in the state mandate and explored whether the town could add one 2:21:19. Member Duffy viewed it as an opportunity aligned with town goals, emphasizing the need for broad engagement and planning 2:25:51. Chair Ippolito stressed the tight timeline and the need for immediate, collaborative planning efforts involving multiple stakeholders and potential expert help 2:19:50.

8. Consent Agenda: The consent agenda items were read. MOTION: To approve the consent agenda as read (Spellios). Seconded. VOTE: Passed unanimously 2:29:40. Items included one-day liquor licenses for Bent Water Brewing, Senior Center, East Regiment Beer Co.; hawking/peddling permits for Power Home Remodeling and Sunrun; and minutes from March 30, April 6, April 12, 2022.

9. Select Board Time: This being the final meeting for Chair Titcomb and Member Hause, farewell remarks were shared 2:29:50. Chair Titcomb thanked colleagues, staff, and residents, reflecting on her service and learning 2:30:08. Member Hause thanked his family, colleagues, staff, and residents, reflecting on his 18 years of service and encouraging volunteerism 2:32:56. Members Duffy and Spellios, and TA Fitzgerald offered thanks and praised their contributions, highlighting their dedication, collegiality, and specific impacts on the town 2:35:00, 2:36:16, 2:41:34.

10. Adjournment: MOTION: To adjourn (Hause). Seconded (Duffy). VOTE: Passed unanimously 2:45:52.

Section 4: Executive Summary

This Swampscott Select Board meeting finalized the warrant for the 2022 Annual Town Meeting, addressed key operational matters, received a significant briefing on new state housing requirements, and marked the final session for departing members Polly Titcomb (Chair) and Donald Hause.

Town Meeting Warrant Set: The Board closed the warrant 1:56:13, making several key recommendations. Notably, they recommended removing a placeholder article for funding School Department collective bargaining agreements (1:20:59) due to a lack of finalized details and financial analysis from the schools, deeming it premature for Town Meeting consideration. This decision underscores the Board’s fiscal oversight role and requirement for due diligence before presenting major financial articles. Favorable action was recommended for the Town Operating Budget (with adjustments reflecting updated state aid for schools 1:05:17), non-binding resolutions supporting a Climate Action Plan 1:49:24 and recognizing Indigenous Peoples Day locally 1:55:09, and Chapter 90 roads funding 1:27:02. Citizen petitions regarding Finance Committee appointments and school window repairs were recommended for indefinite postponement 1:45:48. Articles concerning OPEB funding and piecemeal Earth Removal bylaw changes were also removed. The Board opted to report directly at Town Meeting on capital projects and water/sewer enterprise budgets pending further information.

MBTA Housing Mandate Briefing: The Planning Board Chair presented on the new state law (Section 3A) requiring Swampscott, as an “MBTA Community,” to create zoning for significant new multi-family housing (approx. 1,257 units) allowed “by-right” (without special permits) near transit 1:57:48. This zoning must be adopted by December 31, 2023, and compliance is tied to state grant eligibility 2:09:03, 2:11:44. Significance: This state mandate presents a major challenge and opportunity for Swampscott, forcing a potentially transformative discussion about density, development, infrastructure, and town character. While some members urged embracing this as a necessary planning opportunity (2:14:57), concerns were raised about infrastructure capacity (2:12:21) and the law’s lack of an explicit affordable housing requirement 2:21:19. The extremely tight timeline necessitates immediate, intensive planning and community engagement.

Governance Handbooks Adopted: The Board formally adopted updated handbooks for the Select Board, Town Boards & Committees, and a Code of Conduct 0:58:37. Significance: These documents aim to clarify roles, improve procedural consistency, and establish clear expectations for conduct and handling complaints for appointed and elected officials, representing a step towards more formalized governance structures. A key discussion point involved ensuring appropriate investigation procedures for sensitive complaints while granting the Town Administrator/HR discretion 0:51:22.

Operational Updates & Board Transition: The public hearing for the Pomona restaurant liquor license was continued to May 4th due to insufficient information and procedural questions 0:30:59. The Town Administrator reported on the transition of the trash contract from JRM to Republic Services, with the Board stressing the need to maintain service levels 0:34:48, 0:38:06. The meeting concluded with heartfelt farewells to outgoing Chair Polly Titcomb and Member Donald Hause, acknowledging their significant contributions during their terms 2:29:50 onwards. Their departure signals a notable change in the Board’s composition.

Section 5: Analysis

This Select Board meeting was highly consequential, marked by the finalization of the Town Meeting warrant under significant time pressure, a critical briefing on transformative state housing mandates, and the emotional departure of two long-serving members. The dynamics observed reveal a board grappling with complex policy, procedural rigor, and impending change.

Fiscal Prudence vs. Process Pressure (Warrant Articles): The removal of the School Department’s collective bargaining funding article (Art. 5) 1:20:59 was a significant assertion of the Select Board’s fiscal gatekeeping role. Arguments articulated primarily by Members Spellios and Hause (1:11:37, 1:15:13) against including the placeholder without any substantive detail or analysis prevailed decisively. While TA Fitzgerald relayed the schools’ request as a potential negotiating lever 1:17:52, the Board prioritized procedural correctness and fiscal transparency over potentially facilitating the school’s negotiation timeline. This decision, while potentially impacting school negotiations, strongly signaled the Board’s expectation for thorough preparation and collaboration on major financial matters before they reach the warrant stage. The decision to postpone recommendations on enterprise funds (Art 6/7) based on Member Duffy’s request for rate impact details 1:22:11 further demonstrated a commitment to data-driven decision-making, even if it meant deferring a final stance until Town Meeting.

Navigating State Mandates (MBTA Zoning): The MBTA zoning presentation 1:57:48 exposed divergent, though not necessarily conflicting, perspectives on managing state-imposed change. TA Fitzgerald’s focus on infrastructure burden (2:12:21) represented a pragmatic concern about implementation realities. In contrast, Member Spellios’s forceful argument (2:14:57), supported by Member Hause (2:18:45), framed the mandate not merely as an obligation but as a necessary catalyst for proactive planning that Swampscott arguably should have undertaken previously. Chair Titcomb’s pointed questioning about the lack of an affordability requirement (2:21:19) highlighted a potential policy disconnect between the state’s density goals and Swampscott’s affordable housing needs. This discussion underscored the complex balancing act Swampscott faces: meeting state requirements tied to funding, addressing local impacts, and shaping future development. The Planning Board Chair’s emphasis on the tight timeline (2:19:50) effectively conveyed the urgency required. Aaron’s public comment earlier (0:14:05) proved prescient, setting the stage for the recognized need for broad community engagement.

Formalizing Governance (Handbooks): The relatively smooth adoption of the handbooks 0:58:37, despite the substantive debate on the Code of Conduct’s investigation clause (0:51:22), suggests a consensus on the value of establishing clearer governance frameworks. The debate itself reflected a healthy tension between ensuring robust protections and maintaining practical, established procedures, ultimately resolved through compromise (granting TA/HR discretion). This action appears as a legacy item, particularly for Chair Titcomb who initiated the effort, aimed at professionalizing volunteer board operations.

Procedural Effectiveness: The Pomona public hearing continuation 0:30:59 revealed weaknesses in the pre-meeting information gathering and internal coordination for licensing, prompting calls for process improvement (0:23:50). Member Spellios consistently drove discussions on procedural details and bylaw interpretation throughout the meeting, demonstrating an effective focus on technical rigor. The Board generally moved efficiently through the warrant, except where specific informational needs or policy disagreements required deeper discussion or postponement.

Board Dynamics and Transition: The meeting operated with apparent collegiality, evident even during policy disagreements and the emotional farewells (2:29:50 onward). Member Spellios often took a leading role in dissecting warrant articles and legal/procedural points. The departure of Chair Titcomb and Member Hause, representing significant experience and distinct perspectives, clearly marks the end of an era for this particular configuration of the Select Board, setting the stage for new dynamics with incoming members. The detailed and respectful nature of the farewells suggests strong working relationships were forged.