2022-07-20: Select Board

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

Swampscott Select Board Meeting Review - July 20, 2022

1. Agenda

Based on the transcript, the likely agenda items discussed, in order of appearance:

  1. Public Comment 0:00:00
    • Police Department Staffing Levels and Hiring Process (Brendan Reen, Police Union)
    • Swampscott Housing Authority Needs and ARPA Funding Request (Cynthia Tennant, Resident/SHA Commissioner)
    • Inquiry regarding ARPA Funds for Non-Union Staff (Bill Demento, Resident)
    • Praise for Town Recreation Programs (Ted Dooley, Resident)
    • Request to Read Email regarding ARPA Funds for Senior Center Staff (Gina Bush, Resident - read by Chair)
  2. ARPA Funding Allocation – Process Overview & Timeline 31:25
    • Presentation by Director of Finance and Administration
    • Board Discussion and Questions on Process, Timeline, and Public Engagement
  3. Select Board & Committee Handbooks and Code of Conduct Revisions 1:04:21
    • First Read of Town Counsel Revisions
  4. Committee Appointments 1:07:28 (Taken out of order)
    • Conservation Commission New Appointment: Richard Simmons (3-year term)
    • Solid Waste Advisory Committee New Appointments: Kathy Mick & Alix Smullin (1-year terms each)
    • Discussion on Committee Appointment Process
  5. DCR Management of King’s Beach 1:21:50
    • Discussion and Vote on Sending Letter to DCR Requesting Management Takeover
    • Discussion on Water Quality Testing and Signage Coordination
  6. Approval of Consent Agenda 1:42:26
    • Vote to approve minutes of the regular meeting of 7/13/22 (as amended)
    • Removal of minutes of the regular meeting of 6/29/22 for further review
    • Discussion on Backlog of Executive Session Minutes
  7. Town Administrator’s Report 1:45:14
    • Updates on Recreation Dept, Council on Aging, FY22 Closeout, Elementary School Traffic Planning, Early Voting, Fire Dept, Coyote/Wildlife Issues, Rat Control, King’s Beach Water Quality Study, Ambulance Contract.
  8. Select Board Time 1:59:19
    • Bentwater Event Recap
    • Fire Department Community Event Thanks
    • VFW Lease Status Inquiry and Discussion

(Note: Agenda Item B1 - Introduction of Assistant Cable TV Coordinator was skipped as individuals were unavailable 31:25).

2. Speaking Attendees

  • Sean Fitzgerald (Town Administrator): [Speaker 1]
  • Neal Duffy (Select Board Chair): [Speaker 2]
  • Brendan Reen (Police Union Representative / Officer): [Speaker 3]
  • Amy Saro (Director of Finance and Administration): [Speaker 4]
  • Mary Ellen Fletcher (Select Board Member): [Speaker 5]
  • Cynthia Tennant (Resident, Housing Authority Commissioner): [Speaker 6]
  • David Grishman (Select Board Member): [Speaker 7]
  • Katie Phelan (Select Board Member): [Speaker 8] (Note: Referenced as “Ms. Fallon” once 13:45, likely a transcript error)
  • Richard Simmons (Conservation Commission Appointee Candidate): [Speaker 9]
  • Liz Smith (Resident): [Speaker 10]
  • Ted Dooley (Resident): [Speaker 11]
  • Bill Demento (Resident): [Speaker 12]
  • Unidentified Speaker (likely staff or brief interjection): [Speaker 13]

3. Meeting Minutes

1. Public Comment 0:00:00

  • Police Staffing: Brendan Reen, representing the Police Union, delivered a lengthy statement alleging critical understaffing (claiming 27/28 sworn officers vs. a needed 32), criticizing the administration’s handling of the hiring process after leaving Civil Service, and accusing the administration of delaying the hiring of qualified candidates recommended by consultants (MRI/Chief Kurz) and the Police Chief 0:00 . He argued this constituted “gross negligence.” Town Administrator Sean Fitzgerald sharply contested Reen’s numbers, asserting the department has 32 full-time equivalent positions including vacancies with conditional offers, listing officer names by rank 9:07. He characterized Reen’s presentation as “political opinions.” A tense, detailed debate ensued between Reen and Fitzgerald regarding the precise count of “sworn” officers versus budgeted FTEs and the status of candidates 10:38. Member Katie Phelan interjected 13:33, reminding both speakers to maintain respectful tones. Fitzgerald stated his desire for another police entrance exam to broaden the applicant pool 15:34. Reen concluded by reaffirming the quality of the established hiring process and candidates 16:58. Observation: The exchange highlighted significant factual disagreements and apparent mistrust between the police union and the Town Administrator regarding staffing levels and the implementation of the new hiring process.
  • Housing Authority/ARPA: Cynthia Tennant, a resident and Swampscott Housing Authority (SHA) Commissioner, expressed strong frustration with the Select Board and Town Administrator regarding the SHA’s attempts to secure ARPA funding 18:17. She described feeling ignored, bullied, and disrespected, citing unmet needs like sidewalk repairs and sprinkler systems. She contrasted the town’s focus on development with perceived neglect of public housing. Observation: Tennant’s comments conveyed deep dissatisfaction and a feeling of alienation among SHA residents and advocates. Member David Grishman, the Board’s liaison to SHA, responded 26:00, characterizing a recent meeting as “productive” and stating a request for more information from SHA was pending. Tennant countered that SHA representatives found the meeting “totally non-productive” 27:23. Observation: The differing accounts of the same meeting underscored communication challenges and divergent perspectives between the SHA representatives and town officials.
  • ARPA/Non-Union Pay: Resident Bill Demento asked for clarification regarding whether ARPA funds for non-union employees, discussed the previous week, could be revisited 30:51. (This was later addressed by Dir. Saro).
  • Other Comments: Chair Neal Duffy read an email from resident Gina Bush advocating for ARPA funds for Senior Center staff 28:47. Resident Ted Dooley praised the town’s recreation programs, particularly sailing and paddleboarding 30:03.

2. ARPA Funding Allocation Process 31:25

  • Director of Finance and Administration Amy Saro presented an overview of the process for allocating the remaining $4.57 million in ARPA funds, which must be obligated by Dec 31, 2024 32:57. She outlined allowable uses, restricted uses, and a proposed timeline including internal review of proposals, a community survey, and presentation of project ideas to the Select Board targeted for mid-September.
  • Discussion followed: Member Grishman inquired about community involvement beyond the survey 38:43; Dir. Saro mentioned email feedback, public meetings, and the potential for a working group. Grishman suggested using water bill mailings for survey distribution 40:10. Member Phelan asked about hard copy availability and library coordination 40:44. Member Mary Ellen Fletcher confirmed Finance Committee and Capital Improvement Committee involvement 41:17 and asked about an appeal mechanism for non-union employees regarding past ARPA payments 41:59. Dir. Saro confirmed employees could discuss concerns with the TA/Assistant TA 42:45.
  • Dir. Saro clarified a point from the previous meeting regarding ARPA funds for non-union staff 42:45: while inactive employees removed from a prior vote could not be revisited, the Board was not precluded from making future allocations to active non-union employees for pandemic-related service. Member Fletcher further questioned the transparency of “pandemic award” components within recent union contract settlements 44:58. Dir. Saro explained payments were negotiated as one-time sums qualified under ARPA, though only the Police contract explicitly termed it a “pandemic response bonus” 45:54. TA Fitzgerald elaborated on the negotiation philosophy, emphasizing tailored approaches for different unions and the use of ARPA for supplemental compensation 49:01.
  • Chair Duffy questioned the mid-September timeline, suggesting the public engagement period be extended 58:37. Dir. Saro proposed a potential second survey on a refined list 58:49. Board members emphasized robust outreach beyond online surveys, including targeted outreach (Housing Authority, Vets, Seniors), paper forms, potential dedicated meetings, and events 59:04. Member Phelan suggested creating a public-facing proposal rubric 1:00:47. TA Fitzgerald agreed on the need for direct outreach (“roadshow”) 1:01:24. Member Grishman noted potential ARPA use for Humphrey Street revitalization 1:02:50. Observation: The Board placed strong emphasis on ensuring a comprehensive and extended public engagement process for the ARPA funds.

3. Handbooks and Code of Conduct Revisions 1:04:21

  • Chair Duffy presented Town Counsel’s red-lined revisions to the Select Board Handbook, Board/Committee Handbook, and Code of Conduct for a first read. Member Phelan questioned the change from “Resident Comment” to “Public Comment” 1:05:47; Chair Duffy explained it was based on counsel’s advice regarding First Amendment rights. The Board planned a second read and potential approval at the next meeting.

4. Committee Appointments 1:07:28

  • TA Fitzgerald recommended Richard Simmons for the Conservation Commission (3-year term) 1:08:09. Mr. Simmons briefly introduced himself and his relevant background 1:09:00.
  • TA Fitzgerald recommended Kathy Mick and Alex Smullen for the Solid Waste Advisory Committee (1-year terms each) 1:11:51, praising their qualifications despite their absence. Member Fletcher commented on the committee’s activities and popularity 1:14:39.
  • Member Phelan inquired about the process for vetting and selecting applicants, and how unsuccessful applicants are managed 1:15:33. TA Fitzgerald described his assessment of candidate fitness and encouraged interested citizens to attend committee meetings 1:16:43.
  • Member Fletcher called for a future review of the entire committee appointment process to improve clarity and accessibility 1:17:28. Chair Duffy and Member Grishman agreed on the need for this review. Observation: Discussion revealed concerns about the current volunteer appointment system’s transparency and effectiveness, leading to a consensus for future examination.
  • Motion: Member Grishman moved to approve the appointments of Richard Simmons (ConCom, 3yr term) and Kathy Mick & Alex Smullen (SWAC, 1yr terms) 1:21:18. Seconded by Member Phelan. Vote: Passed unanimously (4-0, assuming Fletcher present).

5. DCR Management of King’s Beach 1:21:50

  • TA Fitzgerald proposed sending a letter to the Department of Conservation and Recreation (DCR) formally requesting they consider taking over management responsibilities for the Swampscott portion of King’s Beach 1:22:21. He cited the town’s significant recent investments in seawall repairs (approx. $2.7M total) and the benefits of consistent management along the entire Lynn/Swampscott shoreline, particularly given sea-level rise and water quality issues. He noted support from the Conservation Commission and Conservancy.
  • Member Phelan asked about past obstacles to DCR involvement 1:26:41; TA Fitzgerald mentioned historical town decisions and state funding priorities.
  • Chair Duffy raised concerns about current inconsistencies in water quality testing and public notification (flags/signage) between Swampscott and DCR-managed sections 1:29:00. TA Fitzgerald acknowledged the issues, discussed ongoing conversations about improving notifications (potentially dynamic signs), and confirmed the town currently mirrors DCR’s flag warnings 1:29:46, 1:40:04. He mentioned a new state regulation regarding closure postings 1:32:23.
  • Member Fletcher requested a public meeting to educate residents on the complex King’s Beach cleanup efforts 1:33:06. TA Fitzgerald described the situation as a ~$50M problem involving aging infrastructure and ongoing studies by Kleinfelder to identify solutions 1:33:27.
  • Resident Liz Smith asked about increasing Swampscott’s testing frequency from weekly to daily, matching Lynn/DCR 1:36:53. TA Fitzgerald discussed relying on DCR data and collaboration but agreed to review the frequency 1:37:37.
  • The Board discussed minor edits to the draft letter to DCR 1:40:24.
  • Motion: Chair Duffy moved to approve sending the letter to DCR, authorizing electronic signatures and incorporating minor scrivener’s edits, with a final proof sent to the Board 1:41:54. Seconded by Member Fletcher. Vote: Passed unanimously (4-0).

6. Consent Agenda 1:42:26

  • Chair Duffy requested removing the June 29, 2022 minutes for further review.
  • Member Phelan noted a correction needed for the July 13, 2022 minutes regarding the order of motions related to ARPA funds 1:42:57.
  • Member Fletcher raised the issue of a significant backlog in approving executive session minutes 1:44:11. TA Fitzgerald clarified the process; Chair Duffy acknowledged the backlog needs addressing.
  • Motion: Member Phelan moved to approve the July 13, 2022 minutes as amended 1:45:03. Seconded by Member Fletcher. Vote: Passed unanimously (4-0).

7. Town Administrator’s Report 1:45:14

  • TA Fitzgerald provided updates: Successful launch of Recreation Dept. paddleboard program; COA volunteer brunch; FY22 financial closeout underway; Intensive planning for elementary school traffic changes due to Stanley School relocation to Blaney site, acknowledging resident concerns (esp. King St.) and ongoing adjustments, noting potential need for urgent Select Board traffic rule approval 1:47:14; Early voting preparations; Five new Fire Dept hires, summer activities, heat safety/cooling center info; Growing issues with coyotes being fed, plans for a “no feeding wildlife” ordinance 1:54:22; Concerns about rat poison impacting wildlife (owls, hawks); Upcoming update on King’s Beach water quality study/options; Meeting with Lynn Mayor Nicholson on regional issues.
  • Member Grishman inquired about the ambulance contract; TA Fitzgerald confirmed a one-year extension with Cataldo is planned while negotiating a long-term agreement 1:57:39. Grishman also asked about coyote outreach to Vinnin Square restaurants; TA Fitzgerald confirmed the ACO has distributed flyers and is working on staff education 1:58:04. Member Fletcher added details about flyer distribution plans 1:58:41.

8. Select Board Time 1:59:19

  • Member Grishman reported on the successful “Bentwater at the Beach” event, thanking organizers and noting funds raised for the Fish House and Hadley PTO 1:59:27.
  • Member Phelan thanked the Swampscott Fire Department for the fire truck water spray event 2:00:24.
  • Member Fletcher requested an update on the VFW lease status be placed on a future agenda 2:00:44. TA Fitzgerald stated Town Counsel (KP Law) is reviewing the legal requirements, including potential need for an RFP (which would be targeted to VSOs), before a lease or extension can be finalized 2:01:10. Member Grishman urged prompt resolution 2:02:49. Member Fletcher asked if KP Law was reviewing the equity of the original 1990s land transfer 2:03:14; TA Fitzgerald confirmed they are examining the history 2:03:37. Observation: The VFW lease remains unresolved pending legal guidance on procurement requirements and historical context.

9. Adjournment 2:04:09

  • Motion to adjourn by Member Grishman, seconded by Member Phelan. Passed unanimously (4-0).

4. Executive Summary

This Swampscott Select Board meeting addressed several significant issues, including police staffing disputes, the allocation process for federal relief funds, long-term management of King’s Beach, and concerns from the Housing Authority.

Police Staffing Conflict Escalates Publicly: A major point of contention arose during public comment with a tense exchange between Police Union Representative Brendan Reen and Town Administrator Sean Fitzgerald regarding police staffing levels [0:00 - 17:41]. Reen alleged critical understaffing and mismanagement of the new hiring process, while Fitzgerald countered Reen’s figures and defended administrative actions. Significance: This public airing of disagreements highlights deep divisions and potential morale issues surrounding police resources and the transition away from Civil Service hiring, matters crucial for public safety perception and effective policing.

ARPA Funding Process Kicks Off: The Board received the initial framework for deciding how to spend the remaining $4.4 million in American Rescue Plan Act (ARPA) funds, presented by Finance Director Amy Saro 31:25. The plan includes internal reviews, a community survey, and proposals presented by mid-September. Board members strongly emphasized the need for robust, inclusive public engagement beyond just an online survey, pushing for extended timelines, multiple feedback methods (mailings, hard copies, public meetings), and targeted outreach [58:37, 59:04]. Significance: This begins a critical process for allocating substantial federal aid. The Board’s focus on public input signals an intent for participatory decision-making on investments that could impact infrastructure, housing, town services, and pandemic recovery efforts. The success rests on effective execution of the outreach plan.

King’s Beach Management Shift Proposed: The Board voted unanimously to authorize the Town Administrator to formally ask the state’s Department of Conservation and Recreation (DCR) to take over management of Swampscott’s portion of King’s Beach 1:21:50. This follows $2.7 million in recent town investments in the seawall. Discussions also highlighted ongoing challenges with coordinating water quality testing and public notifications with DCR 1:29:00. Significance: This initiative could transfer long-term financial and operational burdens to the state, aiming for more consistent management of this major coastal asset. It occurs alongside persistent, costly efforts to address severe water quality pollution affecting the beach 1:33:27.

Housing Authority Seeks Support: Swampscott Housing Authority Commissioner Cynthia Tennant voiced strong frustration over difficulties securing ARPA funds and a perceived lack of responsiveness from town officials 18:17. This prompted responses about prior meetings and requests for information 26:00. Significance: The exchange exposed tensions and communication challenges regarding town support for public housing needs, particularly in the context of distributing significant federal funds.

Volunteer Appointment Process Scrutinized: Following committee appointments 1:07:28, discussion arose regarding the process for recruiting and appointing volunteers 1:15:33. Concerns about transparency and accessibility led to Board consensus on needing a future review of the system 1:17:28. Significance: Engaging community volunteers is vital for town governance; the discussion indicated a need to improve the system to make participation clearer and more effective.

Other Key Developments: The Town Administrator reported on extensive planning for traffic management related to the temporary relocation of Stanley Elementary School students 1:47:14, acknowledging resident concerns. Progress on the VFW lease awaits legal clarification from Town Counsel regarding procurement laws 2:01:10. The Board also approved minutes and discussed issues like wildlife management (coyotes, rats) and the town’s ambulance contract.

5. Analysis

This Select Board meeting transcript reveals a local government grappling with several complex issues, characterized by moments of sharp disagreement, calls for improved process, and strategic planning initiatives.

Police Staffing - A Microcosm of Broader Tensions?: The extended, heated debate between Police Union Rep Reen and TA Fitzgerald (0:00-17:41) was notable for its public nature and the fundamental disagreement over facts (staffing numbers) and process (hiring). Reen’s presentation was assertive, framing the issue as negligence impacting safety. Fitzgerald’s rebuttal was equally forceful, defending the administration’s position and questioning the union’s framing. Member Phelan’s attempt to moderate (13:33) underscored the conflict’s intensity. Analysis: This wasn’t merely a numbers dispute; it reflected apparent deep mistrust concerning the administration’s management of the department post-Civil Service. The effectiveness and perceived fairness of the new hiring system are clearly points of significant friction, potentially impacting department morale and operational stability. The inability to agree on basic facts suggests underlying communication breakdowns or differing strategic objectives.

ARPA - Balancing Urgency and Inclusion: The discussion on ARPA fund allocation (31:25 onwards) showcased the Board proactively shaping the public engagement process. While Dir. Saro presented a structured plan, Board members (Duffy, Grishman, Phelan, Fletcher) collectively pushed back against perceived limitations, advocating strongly for more time and diverse outreach methods (58:37, 59:04, 1:00:47). Member Fletcher’s persistent questions about past ARPA use for staff compensation (41:59, 44:58) hinted at unresolved concerns regarding prior transparency or equity. Analysis: The Board demonstrated a clear preference for a robust, potentially lengthy public input process over speed, perhaps reflecting lessons learned or sensitivity to ensuring broad buy-in for these significant funds. The administration, via Dir. Saro, appeared technically focused, while the Board drove the policy emphasis on inclusivity. The ultimate impact depends on whether this stated commitment translates into genuinely effective, multi-pronged outreach.

King’s Beach - Strategic Shift Amidst Chronic Problems: TA Fitzgerald’s proposal to engage DCR on managing King’s Beach (1:21:50) represents a potentially significant strategic shift. He effectively framed it as leveraging recent town investment for long-term gain. The Board’s unanimous support for initiating the conversation (1:41:54) suggests alignment on the strategy’s potential benefits. However, the discussion simultaneously highlighted the persistent, immediate operational headaches (testing coordination, notification effectiveness 1:29:00, 1:36:53) and the immense underlying challenge of water pollution (1:33:27). Analysis: This initiative appears logical for addressing long-term maintenance consistency and cost, but its success hinges entirely on state cooperation. Meanwhile, the town must still manage the day-to-day complexities and public health concerns stemming from the beach’s severe environmental issues, a problem far larger than management structure alone can solve.

Volunteer Engagement - Process Under Review: The routine committee appointments sparked a substantive critique of the volunteer application and placement process (1:15:33 onwards). Member Phelan’s direct questions about vetting and tracking, followed by Member Fletcher’s call for a systemic review (1:17:28), pointed to perceived shortcomings in the current approach. TA Fitzgerald’s suggestion that volunteers simply “show up” (1:16:43) seemed insufficient to address the board members’ desire for a more structured system. Analysis: This discussion revealed an operational gap in how the town recruits, tracks, and engages volunteers. The Board’s consensus on needing improvement suggests a recognition that relying solely on ad-hoc methods or individual initiative may not be effective or equitable, potentially leading to future policy changes.

Communication & Trust Dynamics: Across multiple issues (police staffing, Housing Authority funding, VFW lease history), differing narratives and apparent communication gaps were evident. Cynthia Tennant’s powerful testimony (18:17) contrasted sharply with Member Grishman’s description of the same interaction (26:00), highlighting potential disconnects in perception and trust between resident groups and town officials. The VFW lease discussion (2:00:44) also revealed ambiguities requiring legal clarification, suggesting historical complexities may be resurfacing. Analysis: These instances suggest that beyond specific policy debates, underlying issues of communication effectiveness, transparency, and potentially trust, influence interactions between residents, committees, town staff, and the Select Board. Addressing these dynamics may be as crucial as resolving the specific policy questions themselves.