Swampscott Select Board Meeting Review - August 24, 2022

Section 1: Agenda

Based on the transcript, the likely agenda followed this order:

Call to Order & Pledge of Allegiance 0:02:43
Citizen Citations 0:03:17
- Girl Scouts Ocean Pollution Project (Amelia Crehan, Audrey Hale, Sara Paskievich)
Public Comment 0:09:37
- Guidelines read by Chair
- Comments from William Demento regarding ARPA funds and public input
New and Old Business
- Committee Appointments/Reappointments 0:16:03
  - Commission on Disability (Tabled) 0:17:19
  - Conservation Commission (Appointments/Confirmations Approved) 0:24:07
  - Hadley School Reuse Advisory Committee (Reappointments Approved) 0:25:46
  - Historic District Commission (Appointments/Reappointments Approved) 0:26:41
  - Open Space & Recreation Committee (Appointment Approved) 0:29:26
  - Recreation Commission (Appointment Approved) 0:31:35
  - Renewable Energy Committee (Appointment Approved) 0:33:17
  - Traffic Study Advisory Committee (Appointment Approved) 0:36:07
  - Zoning Board of Appeals (Reappointment Approved) 0:38:01
- King’s Beach Update – Outflow Mitigation Options 0:40:06
  - Presentation by Town Administrator
  - Discussion with Board and Public Commenter (via Zoom)
- Board and Committee Handbook Revisions (2nd Reading and Approval) 1:35:30
  - Discussion on proposed revisions, including Town Counsel additions
  - Extensive discussion regarding public comment policies and enforcement
  - Initial vote to approve all three handbooks (Passed 4-1)
  - Motion reconsidered; vote to approve Board/Committee Handbook and Select Board Handbook, table Code of Conduct (Passed 4-1)
  - Further procedural discussion on implementation (signing/acknowledgment)
(Skipped) Votes of the Board - Consent Agenda (Not mentioned in transcript discussion)
Town Administrator’s Report 2:03:12
- Housing Production Plan meeting announcement
- King’s Beach update follow-up (Newport trip, DCR testing alignment, signage)
- New Interim Assessor
- Stanley/Blaney School update (demolition, parking plan, traffic, PTO meeting)
- Veterans facilities discussion update
- Coyote update
- Recreation update (SUP, Family Day)
- DPW update (sidewalks, Black Earth composting)
- Board/Committee vacancies
- All Ages Director / Sea Glass Village partnership
- Tree planting initiative
- Monkeypox monitoring
Select Board Time 2:32:20
- Member Eppley: Family Day promotion
- Member Fletcher: Committee updates (Assessors, Board of Health, Retirement), School Building Committee request (Zoom/Recording), suggestions for new committees (Technical Advisory, HR Advisory, Veterans Service), school traffic dry run report
- Member Grishman: Thanks to TA re: Athenas parking, praise for school transition team (Blaney prep, Stanley demolition progress)
Adjournment 2:42:55

Section 2: Speaking Attendees

Based on the transcript and contextual knowledge of Swampscott government:

Neal Duffy (Select Board Chair): [Speaker 3] (Leads the meeting, addressed as Neal Duffy 16:03)
Sean Cronin (Town Administrator): [Speaker 1] (Presents updates, addressed as Sean 27:01, gives TA report 2:03:12)
Peter Grishman (Select Board Member): [Speaker 2] (Active participant, makes motions, discusses process and substance, referenced regarding King’s Beach committee 1:11:56)
Mary Ellen Fletcher (Select Board Member): [Speaker 4] (Asks detailed process/compliance questions, identified as Mary Ellen 21:05, gives liaison reports 2:32:57)
David Eppley (Select Board Member): [Speaker 5] (Participates in discussions, discusses appointees he knows 32:35, introduces himself as Dave 2:12:30)
William Demento (Resident / Town Meeting Member): [Speaker 7] (Identifies self during Public Comment 13:18)
Chris Mancini (Save the Harbor / Save the Bay Representative / Resident): [Speaker 6] (Identifies self and organization 1:28:31, participates in King’s Beach discussion)
Christopher James (Resident): [Speaker 8] (Identifies self during remote comment on King’s Beach 1:21:18)
Girl Scout (Ocean Pollution Project): [Speaker 10] (Presents project details)
Girl Scout (Ocean Pollution Project): [Speaker 9] (Presents project details)
Girl Scout (Ocean Pollution Project): [Speaker 12] (Presents project details)
Stephen Banks (Appointee / Resident): [Speaker 13] (Speaks upon appointment to Open Space & Recreation Committee 29:57)
Martha Schmidt (Appointee / Resident): [Speaker 11] (Speaks upon appointment to Renewable Energy Committee 34:58)
Board Member (Interjection/Agreement): [Speaker 14] (Brief interjections, likely a Board member)
Board Member/Staff (Interjection/Prompt): [Speaker 15] (Brief interjections, possibly Board member or staff assisting)

Section 3: Meeting Minutes

Swampscott Select Board Meeting - August 24, 2022 (Inferred)

Attendees (Inferred): Chair Neal Duffy, Member Peter Grishman, Member Mary Ellen Fletcher, Member David Eppley, Town Administrator Sean Cronin.

1. Call to Order & Pledge of Allegiance: Chair Duffy called the meeting to order 0:02:43 and led the Pledge of Allegiance.

2. Citizen Citations: 0:03:17 The Board presented citations to Girl Scouts Amelia Crehan, Audrey Hale, and Sara Paskievich for their Bronze Award project on ocean pollution, which involved installing cleanup buckets at Fisherman’s Beach and public education. The Scouts [Speakers 10, 9, 12] described the bucket system 4:54 and their motivation 6:10. Board members praised their initiative and lasting impact 7:25, asked clarifying questions about the award and potential expansion [8:02, 9:03].

3. Public Comment: 0:09:37 Chair Duffy read the guidelines for public comment. William Demento [Speaker 7], resident and Town Meeting Member, spoke 13:18. He demanded a public apology from the Board regarding the use of ARPA funds for employee bonuses, calling the distribution inequitable and a violation of public trust. He criticized the lack of public input on significant issues like ARPA spending and the Board’s public comment guidelines themselves. No response from the Board, per guidelines. No other in-person or remote comments were received.

4. Committee Appointments/Reappointments: 0:16:03 The Board reviewed candidates for various town committees.

Commission on Disability: Member Fletcher moved to table appointments 17:19, citing concerns about committee size and compliance with Mass General Law regarding member qualifications (majority with disabilities). Town Administrator (TA) Cronin noted the urgency and quality of candidates 18:46. Member Fletcher emphasized the need for compliance review and quorum issues 19:28. TA Cronin suggested appointing current candidates and discussing structure later 20:20. Member Eppley questioned how compliance is maintained given privacy laws 21:34. Member Grishman expressed frustration that these concerns weren’t raised sooner, delaying appointments for waiting candidates 23:19. The Board agreed to table the appointments and revisit the commission’s structure and compliance on September 7th 24:07. The discussion highlighted tension between procedural compliance and the urgency of filling committee roles.
Conservation Commission: Molly O’Connell appointed as associate non-voting member 25:06. Scott Saunders confirmed as a full member (corrected from previous alternate appointment) 25:18. Motion by Member Grishman, seconded by Chair Duffy, passed unanimously 25:46.
Hadley School Reuse Advisory: Reappointments of Steve Perdue, Laurie Levin, and Adrian Rodriguez approved (one-year terms) 26:31. Motion by Member Grishman, seconded by Member Fletcher, passed unanimously 26:41.
Historic District Commission: Richard Smith and Ger Germa reappointed; Stacey Reiling appointed (three-year terms) 29:09. TA Cronin recommended Reiling 27:08. Member Fletcher asked about the vetting process for applicants across committees 27:29. TA Cronin explained the process involving committee chairs and matching skills 28:01. Motion by Member Eppley, seconded by Member Grishman, passed unanimously 29:17.
Open Space & Recreation: Stephen Banks appointed (three-year term) 30:39. Mr. Banks [Speaker 13] briefly addressed the Board, expressing desire to contribute 29:57. TA Cronin praised his passion 30:14. Member Grishman lauded Mr. Banks as a “doer” 30:39. Motion by Member Grishman, seconded by Member Eppley, passed unanimously 31:28.
Recreation Commission: Jacob Simon appointed (three-year term) 32:35. TA Cronin highlighted his legal background and activity in recreation programs 32:02. Member Eppley noted Simon’s active involvement even before appointment 32:35. Chair Duffy expressed excitement about filling the commission 33:17. Motion by Member Eppley, seconded by Member Grishman, passed unanimously 33:17.
Renewable Energy: Martha Schmidt appointed (three-year term) 36:07. Chair Duffy highly praised Ms. Schmidt’s extensive volunteer work, particularly on the town’s greenhouse gas inventory and Climate Action Plan 33:17. Ms. Schmidt [Speaker 11] spoke about her interest in contributing 34:58. TA Cronin and Member Grishman commended her contributions [35:27, 35:47]. Motion by Chair Duffy, seconded by Member Grishman, passed unanimously 36:07.
Traffic Study Advisory: Nayati Akar Shah appointed (one-year term) 37:50. TA Cronin highlighted her data analytics background 36:40. Motion by Member Grishman, seconded by Member Fletcher, passed unanimously 37:56.
Zoning Board of Appeals (ZBA): Brad Croft reappointed (five-year term) 38:14. Motion by Member Grishman, seconded by Chair Duffy, passed unanimously 38:23. Member Fletcher inquired about the process for filling ZBA vacancies and required expertise 38:32. TA Cronin noted it’s an adjudicatory board 38:47. Member Grishman commented on the value of diverse backgrounds, not just lawyers, on the ZBA 39:27.

5. King’s Beach Update – Outflow Mitigation Options: 0:40:06 TA Cronin presented an update from the joint Swampscott-Lynn King’s Beach Steering Committee, which includes town staff, state/federal officials, and stakeholder groups like Save the Harbor / Save the Bay. He outlined the process and criteria used by engineering firm Kleinfelder to evaluate mitigation options 43:41.

Options Evaluated: Source elimination (ongoing IDDE, high cost, long timeline) 51:40, pumping dry weather flow (feasible but regulatory concerns), chemical disinfection (lower capital cost, environmental concerns, but kept open at stakeholders’ request) 53:24, UV disinfection ($11.4M, 3.1 yrs) 54:16, extending the outfall ($40M, 6.3 yrs, significant permitting) 54:32, relocating outfalls ($77M, deemed less feasible) 55:07.
Current Status: UV disinfection, extending the outfall, and chemical disinfection are being shortlisted for further detailed analysis 1:00:58. A site visit to Newport, RI, is planned to review their UV system 1:01:45.
Discussion: Member Eppley asked about testing protocols and town spending to date ($16M over 15 years) [56:30, 57:08]. Member Fletcher asked about potential beach usage numbers 58:54. Member Grishman emphasized the issue as environmental/public health, not just beach access, cautioned against being scared by costs, and stressed the need for board involvement in Swampscott’s position 1:12:41. TA Cronin agreed, framing the cost as reasonable compared to large capital projects like schools and stressed the civic responsibility 1:15:07. Member Grishman raised issues about aligning town water testing flags with DCR’s daily testing (TA confirmed recent alignment 1:18:08) and the safety hazard of the unscreened outfall opening 1:18:48 (TA agreed to investigate).
Remote Comment: Christopher James [Speaker 8] asked about alternative methods (rapid irrigation beds), specific committee membership, and funding challenges 1:21:38. TA Cronin explained the stakeholder group composition and the funding history (lack of unified regional advocacy compared to MWRA areas) 1:23:58. Chris Mancini [Speaker 6] from Save the Harbor / Save the Bay (and a Swampscott resident/Steering Committee member) spoke 1:29:04, emphasizing the opportunity with federal funds if shovel-ready projects are available, the need for continued IDDE work alongside treatment/outfall solutions, and the history of funding relative to MWRA projects. He amplified the TA’s advocacy efforts. Member Grishman praised Mr. Mancini’s involvement and reiterated the importance of persistent advocacy 1:33:29. The discussion highlighted the complexity, high cost, multi-jurisdictional nature, and long history of the King’s Beach pollution problem, along with a sense of renewed urgency and potential opportunity with new funding streams and focused advocacy.

6. Board and Committee Handbook Revisions: 1:35:30 The Board conducted a second reading of revisions to the Board & Committee Handbook, Code of Conduct, and Select Board Handbook, incorporating Town Counsel edits. Chair Duffy noted a late addition to the Code of Conduct (Section 6E) explicitly listing removal as a potential disciplinary measure 1:36:43.

Public Comment Discussion: Member Grishman initiated a lengthy discussion about public comment sections in the handbooks 1:38:26. He expressed concern about unproductive, disrespectful, and politically motivated comments, particularly those attacking staff or made without expectation of response. He contrasted Swampscott’s approach with the School Committee’s sign-up sheet and discretion. He argued for finding ways to ensure productive, respectful discourse without stifling criticism, noting the negative impact on volunteerism and staff morale 1:45:41. Chair Duffy agreed on the need for discussion, suggesting sign-up sheets, clearer guidelines on agendas/website, and consistent reminders 1:43:31. TA Cronin noted this is a widespread issue and stressed the need to protect public space for respectful discourse 1:47:35. Member Fletcher expressed strong reservations about controlling public comment, citing experiences in countries without free speech, emphasizing the value of hearing resident criticism, and suggesting more engagement rather than restriction 1:50:29. She expressed more concern about disrespect among board members or towards staff. Member Grishman countered that his concern was about productivity and respect, not controlling thought, citing personal examples of harassment and the negative impact of unaddressed misinformation 1:52:43. Chair Duffy reiterated that guidelines aim to manage meetings effectively, not stifle ideas, consistent with practices in other towns 1:55:33. This discussion revealed significant differences within the Board on how to manage public comment periods and balance free expression with decorum and meeting efficiency.
Handbook Approval Vote: Member Grishman moved to approve all three revised handbooks 1:57:40. Seconded by Chair Duffy. The motion passed 4-1, with Member Fletcher opposed 1:58:04. Member Fletcher stated her opposition stemmed from discomfort with the late addition to the Code of Conduct and wanting more time 1:58:33.
Reconsideration: Member Grishman moved to reconsider the previous vote and instead approve only the Board/Committee Handbook and the Select Board Handbook, tabling the Code of Conduct to allow Member Fletcher more time to review the added language 2:00:02. Seconded by Member Fletcher 2:01:34. Motion passed 4-1 (Member Eppley appeared to vote nay, but the outcome was stated as passed) [Note: There was confusion in the transcript around the second vote’s tally/process, but the intent was to table the Code of Conduct].
Implementation Discussion: Member Grishman proposed a motion requiring the Town Clerk to distribute the approved handbooks and request signed acknowledgements by a deadline 2:15:58. This led to another extended debate with Member Fletcher about the necessity and implications of requiring signatures versus simply holding members accountable to the rules upon distribution [2:17:35 - 2:29:53]. TA Cronin supported requiring signatures as a best practice for ensuring understanding and accountability 2:23:47. Chair Duffy likened it to common practice for acknowledgements 2:29:00. Ultimately, no formal motion on the signing requirement was passed, with Member Grishman suggesting the TA informally ask the Clerk to proceed 2:31:57.

7. Town Administrator’s Report: 2:03:12 TA Cronin provided updates on various town matters, including the upcoming Housing Production Plan meeting, King’s Beach follow-ups, the start of the new Interim Assessor, progress on the Stanley School demolition and Blaney School preparation (including securing teacher parking from Anthony Athanas and traffic plan updates), ongoing discussions about VFW building needs, reduced coyote sightings, successful recreation programs (SUP, Family Day), DPW projects, composting initiatives, committee vacancies, a new partnership with Sea Glass Village for resident support, the tree planting program, and ongoing monkeypox monitoring. Member Eppley asked for data on composting participation 2:12:11, which TA Cronin agreed to provide (or via Solid Waste Committee presentation on Sept 7th). Member Fletcher asked about paddle board rentals 2:15:00.

8. Select Board Time: 2:32:20

Member Eppley promoted the upcoming Family Day at Fisherman’s Beach 2:32:34.
Member Fletcher provided updates from liaison roles (Assessors, Board of Health, Retirement) 2:32:57. She requested the School Building Committee use Zoom with recording enabled for public access. She proposed exploring new advisory committees for Technology, Human Resources, and Veterans Services. She reported positively on the school traffic dry run, noting minor adjustments needed and emphasizing the need for community patience during the transition 2:34:48.
Member Grishman thanked TA Cronin for securing teacher parking from the Athenas family 2:39:14. He praised the work of the School Building Committee, Superintendent, design team, and Max Casper on preparing the Blaney School and advancing the Stanley demolition, highlighting the positive progress amidst the disruption 2:39:40.

9. Adjournment: 2:42:55 A motion to adjourn was made, seconded, and passed unanimously.

Section 4: Executive Summary

The Swampscott Select Board meeting on August 24, 2022, covered critical town issues including volunteer appointments, the persistent King’s Beach pollution, school construction transitions, and internal governance procedures.

Key Decisions & Outcomes:

Committee Appointments: The Board filled vacancies on multiple committees, including Conservation, Hadley Reuse, Historic District, Open Space, Recreation, Renewable Energy, Traffic Study, and Zoning Board of Appeals, welcoming several new volunteers 16:03. Notably, appointments to the Commission on Disability were tabled pending review of the committee’s structure and compliance with state law, following concerns raised by Member Fletcher 17:19.
King’s Beach Mitigation: Town Administrator (TA) Cronin presented findings from the joint Swampscott-Lynn steering committee evaluating solutions to the chronic beach pollution 40:06. Three primary options are advancing for detailed study: UV disinfection (~~$11.4M), extending the outfall pipe further into the ocean (~~$40M), and chemical disinfection (~$7.4M, despite environmental concerns) 51:40. This decades-long, multi-million-dollar problem requires significant state/federal funding and regional cooperation. The TA stressed that Swampscott has already spent ~$16M over 15 years on related infrastructure with limited success in reopening the beach consistently 57:17. The Board acknowledged the environmental and public health imperative beyond just beach access. Recent alignment with DCR’s daily water testing was confirmed 1:18:08.
Handbook Revisions: The Board approved updated versions of the Board & Committee Handbook and the Select Board Handbook after a second reading incorporating legal counsel’s edits [1:57:40, reconsidered 2:00:02]. Approval of the related Code of Conduct was tabled due to Member Fletcher’s request for more time to review a late addition regarding member removal procedures 1:58:33.
School Transition: Progress continues on the Stanley School demolition and preparing the Blaney School for temporary use 2:04:44. TA Cronin secured crucial teacher parking access from the neighboring Athenas property owner, alleviating a major concern 2:05:03. A successful traffic pattern dry run was conducted, with minor adjustments planned before school starts 2:34:48. Board members stressed the need for community patience during this transition period while looking forward to the new elementary school.

Significant Discussions:

Public Comment Policy: A lengthy and pointed debate arose regarding the public comment portion of meetings, triggered by discussion of the handbook revisions 1:38:26. Member Grishman argued for stricter enforcement of decorum rules to curb unproductive or disrespectful comments targeting staff or officials, while Member Fletcher strongly cautioned against measures perceived as limiting free speech, advocating instead for more engagement 1:50:29. The discussion revealed differing philosophies within the Board on managing public input in the current civic climate.
ARPA Fund Criticism: Public comment included sharp criticism from resident William Demento regarding the Board’s previous allocation of ARPA funds for employee bonuses, demanding an apology and citing a lack of public input 13:18.

Journalistic Insight (Based on Transcript): This meeting highlighted several key themes for Swampscott. The King’s Beach issue remains a major, costly challenge requiring sustained regional advocacy and difficult decisions on mitigation strategies. Volunteer engagement is crucial, but filling committees faces hurdles, exemplified by the tabled Disability Commission appointments balancing urgency and compliance. The transition for the new elementary school is progressing but requires careful logistical management and community cooperation. Underlying these specifics is a clear tension within the Board itself regarding how to foster productive civic discourse and manage public input effectively, reflecting broader societal challenges in local government. The Board successfully navigated numerous appointments and received critical updates, but deferred decisions on the Disability Commission and Code of Conduct, signaling ongoing deliberation on sensitive issues.

Section 5: Analysis

This Select Board meeting showcased a mix of routine governance and grappling with complex, persistent issues, revealing both functional processes and points of friction within the Board and the community.

Effectiveness & Dynamics:

Town Administrator (Cronin): Appeared well-prepared, delivering detailed updates on King’s Beach 40:06 and a wide range of town operations 2:03:12. His presentation on King’s Beach alternatives, while technical, framed the high stakes and the need for decisive action and external funding. His successful negotiation for teacher parking 2:05:03 demonstrated effective relationship-building crucial for the school project’s logistics. His arguments for requiring signed handbook acknowledgements emphasized professionalism and risk management 2:23:47, aligning with an administrative perspective focused on clear standards and liability.
Board Members’ Approaches:
- Chair Duffy: Moderated effectively, maintaining order through contentious debates (e.g., public comment policy [1:38:26ff]). He clearly articulated procedures and sought consensus, while also expressing his own views, such as strong support for appointees like Martha Schmidt 33:17.
- Member Grishman: Acted as a driver for action and accountability. He pushed back against delaying Disability Commission appointments 23:19 and initiated the critical discussion on public comment decorum, arguing forcefully for productivity and respect, citing impacts on staff and volunteers 1:38:26. His focus on the “why” behind governance emerged in his comments on the school project 2:39:40. His attempt to achieve unanimity on the handbooks by reconsidering the vote 2:00:02, though ultimately leading to procedural confusion, showed a tactical awareness of board cohesion.
- Member Fletcher: Consistently focused on process, compliance, and resident impact. Her questioning regarding MGL compliance for the Disability Commission 17:19 and the vetting process for appointees 27:29 highlighted a concern for procedural correctness. Her staunch defense of public comment access 1:50:29, even critical comments, positioned her as prioritizing resident voice, contrasting sharply with Member Grishman’s emphasis on decorum and productivity. Her dissent on the handbook vote 1:58:04 and subsequent debate over signing requirements [2:17:35ff] underscored her resistance to perceived procedural burdens or controls she hadn’t fully vetted or agreed with.
- Member Eppley: Contributed substantively on appointments where he had personal knowledge (e.g., Jacob Simon 32:35) and raised practical questions (e.g., disability verification 21:34). His focus often seemed directed toward community engagement and specific initiatives like Family Day 2:32:34.
Public Input: William Demento’s public comment 13:18 represented a direct challenge to the Board’s handling of ARPA funds, injecting resident discontent into the proceedings early on. Christopher James’s remote comment on King’s Beach 1:21:18 brought forward alternative ideas (irrigation beds) and highlighted community interest in direct involvement (steering committee access). Chris Mancini’s contribution 1:29:04 added valuable external perspective and historical context on the King’s Beach funding challenges, reinforcing the TA’s points about advocacy.

Key Tensions & Observations (Based only on Transcript):

Process vs. Progress: The Disability Commission debate [17:19-24:07] clearly illustrated the tension between ensuring procedural/legal compliance (Fletcher) and the desire to move forward with qualified, waiting volunteers (Cronin, Grishman).
Managing Public Discourse: The most significant fissure appeared during the handbook discussion regarding public comment [1:38:26-1:57:39]. Grishman’s arguments about caustic, unproductive comments impacting governance clashed directly with Fletcher’s defense of broad latitude for public expression, even if critical or uncomfortable. This disagreement wasn’t resolved and reflects a fundamental difference in philosophy on the Board’s role in shaping public input forums.
King’s Beach - A Persistent Burden: The update underscored the immense technical, financial, and political challenge King’s Beach represents. While progress was reported in narrowing options and securing initial funding, the scale ($10M-$40M+ solutions) and timeline (3-6+ years) remain daunting [51:40ff]. The reliance on regional cooperation (Lynn) and external funding (state/federal) makes the outcome contingent on factors beyond Swampscott’s sole control.
Handbook Implementation: The procedural awkwardness surrounding the handbook vote reconsideration and the subsequent debate on requiring signatures [1:57:40-2:32:20] revealed not just Member Fletcher’s specific concerns, but also a lack of smooth consensus-building on implementing the Board’s own internal rules, despite general agreement on the rules’ content (excluding the tabled Code of Conduct).