Swampscott Select Board Meeting Review: November 16, 2022

This document provides an overview and analysis of the Swampscott Select Board meeting held on November 16, 2022, based on the provided transcript. It is intended to inform Swampscott Town Meeting members and voters.

1. Agenda

Based on the transcript, the likely flow of the meeting followed this agenda:

Call to Order & Pledge of Allegiance 35:58
Public Comment 36:26
- Cindy Cavallaro re: Pine Street traffic 38:18
Introduction of State Representative Jenny Armini 41:36
Discussion & Vote on Sculpture Acceptance (Taken out of order) 50:00
Discussion & Vote on BYOB Policy 1:04:44
Discussion on New Elementary School Contractor Bids & Contingency Funding (Relates to Warrant Article) 1:13:03
FY2023 Tax Rate Classification Presentation 1:26:20
Discussion & Vote on Fall Special Town Meeting Warrant Articles 2:17:11
- Article 1: FY23 Operating Budget Adjustments
- Article 2: Transfer Free Cash/Stabilization for Tax Rate Adjustment
- Article 3: Transfer Free Cash for Collective Bargaining (Placeholder)
- Article 4: Establish Compensated Absences Reserve Fund
- New Article 5: Increase Recreation Revolving Fund Spending Limit 2:44:42
- Article 6 (Prev. 5): Capital Projects (Abbott Park, Garage Repair, Lead Service, Rec Boats/SUPs)
- Article 7 (Prev. 6): Appropriation for New Elementary School Contingency
- Article 8 (Prev. 7): Acceptance of Public Way (Supreme Court)
- Article 9 (Prev. 8): Acceptance of Donated Land (Park Square)
- Article 10 (Prev. 9): Acquisition of Land Correction (Off Cushing Ave)
- Vote to Close Warrant 3:01:10
Approval of Consent Agenda 3:01:36
- VFW Thanksgiving Hours Extension
- Approval of Minutes (11/2/22)
Town Administrator’s Report 3:02:20
Select Board Time 3:11:25
Adjournment 3:13:20

2. Speaking Attendees

Sean Fitzgerald (Town Administrator): [Speaker 1]
Peter Spellios (Select Board Member): [Speaker 2]
Neal Duffy (Select Board Chair): [Speaker 3]
Richard Simmons (Interim Town Assessor): [Speaker 4]
Patrick Luddy (Town Treasurer/Finance Director): [Speaker 5] (Note: Also tagged [Speaker 5] during brief Public Comment interaction, likely indicating tag reuse error in transcript; main substantive contributions align with Luddy’s role)
MaryEllen Fletcher (Select Board Member): [Speaker 6]
Amy Carnevale (Assistant Town Administrator / Finance Director): [Speaker 7]
Roger Votruba (Resident, Sculpture Donor): [Speaker 8]
David Eppley (Select Board Member): [Speaker 9]
Jenny Armini (State Representative-Elect): [Speaker 10]
Katie Phelan (Select Board Member): [Speaker 11]
Cindy Cavallaro (Resident): [Speaker 12] (Note: Tag [Speaker 12] also used for procedural “Recording in progress” at 35:48, likely tag reuse error; substantive comment is from Ms. Cavallaro)
Gino Cresta (Select Board Member): [Speaker 13]

3. Meeting Minutes

Call to Order & Pledge: Chair Neal Duffy called the meeting to order and led the Pledge of Allegiance 35:58.

Public Comment: 36:26 Chair Duffy reviewed the public comment guidelines. Cindy Cavallaro 38:18 thanked the Board, particularly Member MaryEllen Fletcher, for taking the time to witness firsthand the traffic issues on Pine Street, especially relating to bus traffic and vehicles turning from Railroad Avenue. No other public comment was offered.

Introduction of State Representative Jenny Armini: 41:36 Chair Duffy welcomed State Representative-Elect Jenny Armini. Rep.-Elect Armini expressed her gratitude for the welcome from the Board and Town Administrator Fitzgerald. She spoke about the shared values across Lynn, Swampscott, and Marblehead, highlighting Swampscott’s “special mix” of forward-thinking, civic engagement, and respect for history, citing the Veterans Day event and the town’s work on indigenous history 42:20. She pledged to represent the interests of all three communities with equal commitment. Board members welcomed her; Member Fletcher requested her regular presence at Select Board and Town Meetings for public communication 46:58, and Member Eppley praised her vigor and looked forward to collaboration 48:07. Technical difficulties briefly interrupted audio for remote viewers 48:56.

Sculpture Donation Acceptance: 50:00 The Board agreed to take this item out of order. Town Administrator (TA) Fitzgerald introduced Roger Votruba, praising his long service as the “voice” of Big Blue football and his love for Swampscott. Mr. Votruba 53:24 shared his deep roots in Swampscott (nearly 80 years, attended local schools) and the story behind acquiring two sculptures by Romanian artist Prince Manio: “Happy Days” (five children holding hands) and “Fishermen” (five children fishing on a log). He explained that moving to a condo necessitated finding a new home for the statues, and he wished to donate them to the town he loves. He suggested potential locations like Phillips Park entrance and Fisherman’s Beach. TA Fitzgerald displayed images of the sculptures 58:34 and noted potential locations would be determined with stakeholder input. Board members (Chair Duffy, Members Eppley, Fletcher, Phelan, Spellios) expressed deep appreciation for Mr. Votruba and his wife Elaine’s generosity and the joyful spirit of the sculptures 1:00:31-1:03:18.

Motion: Member Eppley moved to accept the two sculptures as gifts to the Town of Swampscott 1:03:22. Seconded by Member Phelan.
Vote: The motion passed unanimously (5-0).

BYOB Policy: 1:04:44 Chair Duffy noted this was a second reading and thanked Assistant Town Administrator (Asst. TA) Carnevale for incorporating previous feedback. Member Eppley proposed amending the policy to set the annual permit fee to $0 initially, arguing it would support local businesses 1:05:41. Chair Duffy recalled prior discussion about encouraging full liquor licenses but didn’t strongly object 1:06:44. Member Fletcher questioned the cost to the town/taxpayer and asked if the waiver was just for the first year 1:07:29. TA Fitzgerald supported the waiver as an investment in small businesses 1:09:18. Member Phelan expressed concern that a fee helps businesses understand the responsibility they are taking on, suggesting perhaps a reimbursable fee 1:10:33. Member Spellios referenced a past ZBA fee waiver precedent for relocating businesses and proposed a motion 1:11:44.

Motion: Member Spellios moved to approve the BYOB policy with the fee set at $0 for the first year, and $400 annually thereafter 1:11:44. Seconded by Member Eppley.
Vote: The motion passed unanimously (5-0) 1:12:22.

New Elementary School Contractor Bids / Contingency Funding: 1:13:03 At Member Spellios’s request, this item was taken next. Member Spellios provided a detailed overview: construction bids came in over the hard cost budget ($79.7M vs $77.9M estimate) due to inflation, but within the overall project budget 1:14:28. He contextualized this, noting Swampscott’s 4.14% overage was significantly better than the 8.57% average for other recent MSBA projects, some of which faced much larger gaps 1:15:45. He explained the School Building Committee (SBC) reviewed options, identified $350,000 in savings from the swing space arrangement with the YMCA 1:18:40, and prudently decided to request additional contingency funding rather than deplete the existing contingency at the project’s start. The request is for $2.9 million ($2,909,983 precisely) in new funding to restore the contingency to 5%, which can be added to the existing debt exclusion via Town Meeting vote without a new referendum 1:20:24. Member Phelan commended the exhaustive and thoughtful process involving the SBC and Finance Committee 1:24:08.

Motion: Member Phelan moved to approve Option A1 as recommended by the SBC, supporting a warrant article for $2,909,983 in additional contingency funding 1:25:41. Seconded by Member Spellios.
Vote: The motion passed unanimously (5-0).

FY2023 Tax Rate Classification Presentation: 1:26:20 TA Fitzgerald introduced Interim Assessor Richard Simmons and Treasurer Patrick Luddy. Mr. Simmons presented 1:30:18 on value changes (driven by the market, particularly 2021 sales), new growth, and how assessed values allocate the tax levy. Key points included: FY23 values reflect the market as of 1/1/22; significant residential value increase (avg. 15.9%, condos +20.9% driven by White Court); smaller commercial increase (9.7%); shift in tax burden towards residential due to disparate value changes 1:34:15. He presented data showing Swampscott has a high residential base (93%) 1:41:30. Crucially, he presented the “spaghetti chart” 1:45:51 showing Swampscott’s average single-family tax bill trend compared to all Essex County towns, demonstrating a significant move from 3rd highest towards the middle/average over the past decade due to town financial strategy 1:49:49. Similar trends were shown relative to a peer group of towns 1:52:52. He noted commercial tax bills also increased less than the county average 1:56:30. Mr. Luddy 2:02:36 reviewed the mechanics of tax rate setting: factors influencing the levy (budget, receipts, exemptions, free cash use, split rate), state forms (appropriations, assessments, state aid, local receipts), the role of free cash and reserves (Swampscott has strong reserves 2:10:38), and the 10-year forecast model. He outlined next steps: awaiting final new growth and free cash certification, modeling options for reserve use, Special Town Meeting vote (Dec 5th), classification hearing, and tax bill issuance (mid/late Dec). TA Fitzgerald emphasized the connection between land use decisions (zoning) and maintaining a balanced tax base 2:00:21.

Special Town Meeting Warrant Discussion: 2:17:11 The Board reviewed the draft warrant articles for the December 5th Special Town Meeting, making recommendations and finalizing language to close the warrant. Asst. TA Carnevale provided details and updated the document in real-time.

Art 1 (FY23 Budget Adjustments): FinCom favorable action noted. Explained as transfers primarily for finalized union contract costs and non-union COLAs/wages, plus adjustment for regional vocational assessment 2:19:08. Motion/Vote: Favorable action recommended unanimously 2:22:17.
Art 2 (Free Cash/Stab for Tax Rate): No amount specified yet (pending free cash cert). Board and FinCom to report at Town Meeting 2:23:05.
Art 3 (Free Cash CBA): Placeholder, no agreements finalized. Board and FinCom to report at Town Meeting 2:23:59.
Art 4 (Compensated Absences Fund): FinCom deferred action pending free cash cert. Board agreed to also report at Town Meeting 2:24:30.
New Art 5 (Rec Revolving Limit Increase): Arising from debate on the following article, Member Spellios proposed adding an article to increase the Recreation Revolving Fund annual spending limit from $300k to $500k 2:33:04. Member Fletcher supported this change 2:33:53. Member Eppley supported the limit increase but maintained opposition to funding capital items (boats) from the fund 2:36:14. Motion/Vote: Favorable action to add the article recommended unanimously 2:44:42. Note: This article was inserted, renumbering subsequent articles.
Art 6 (Prev. 5 - Capital Projects): FinCom favorable action noted 2:24:57. Items: Abbott Park Rehab ($100k grant match), Town Garage Repairs ($100k), Lead Service Line Inventory ($70k), Rec Sailboats/SUPs ($40.6k). Member Fletcher raised questions 2:25:17: grant process for Abbott Park, clarity/insurance coverage for garage repairs (Asst. TA Carnevale clarified this is for the uncollapsed side as preventative maintenance 2:26:56), and argued Rec boats/SUPs should be funded via Rec Revolving account. Significant discussion ensued on Rec funding 2:28:02-2:34:25, with TA Fitzgerald and Member Eppley arguing for general fund investment in recreation to preserve revolving funds for programming, while Member Fletcher and initially Member Spellios (before proposing the limit increase) pointed to the revolving fund’s purpose. Motion/Vote: Favorable action on the article as printed recommended (4-1, Fletcher likely opposed based on comments, though transcript doesn’t specify dissent on vote itself) 2:37:44.
Art 7 (Prev. 6 - School Contingency): Amount confirmed as $2,909,983. Discussion clarified language drafted by bond counsel is appropriate for seeking DOR approval to add to existing debt exclusion 2:38:06. The Board directed staff to prepare the DOR application 2:42:10. Motion/Vote: Favorable action recommended unanimously 2:43:35.
Art 8 (Prev. 7 - Supreme Ct Way Acceptance): Confirmation received during meeting that Planning Board recommended favorable action 2:47:17. Motion/Vote: Favorable action recommended unanimously 2:47:25.
Art 9 (Prev. 8 - Park Sq Land Donation Acceptance): Clarified Planning Board report is not required for gift acceptance. Comment edited to note land is donated. Motion/Vote: Favorable action recommended unanimously 2:49:28.
Art 10 (Prev. 9 - Cushing Ave Land Acquisition Correction): Purpose clarified: to correct inadvertent omission of one lot (Map 7, Lot 2) from prior Special Town Meeting authorization to acquire open space 2:50:09. Extensive discussion occurred to refine the explanatory comment for clarity 2:51:29-3:00:27. Motion/Vote: Favorable action recommended unanimously 3:01:05.
Warrant Closure: Motion/Vote: Moved by Member Spellios, seconded by Member Phelan, to close the Special Town Meeting Warrant. Passed unanimously 3:01:10. Motion/Vote: Moved by Chair Duffy, seconded by Member Phelan, to authorize affixing electronic signatures. Passed unanimously 3:01:23. The collaborative, sometimes intense, real-time editing of the warrant articles and comments was a notable dynamic.

Consent Agenda: 3:01:36 Items included approval of 11/2/22 minutes and extension of Thanksgiving hours for Veterans Crossing (VFW).

Motion: Member Spellios moved to approve the consent agenda. Seconded by Member Phelan.
Vote: Passed unanimously 3:02:16.

Town Administrator’s Report: 3:02:20 TA Fitzgerald provided updates: ongoing work with Aggregate Industries permit; staff meeting at Senior Center & appeal for senior participation; Snow Angels program/hardship applications for sidewalk shoveling; Library oral history project; new hires (Bernadette Berman-Library, Brian Martin, Kevin McDonald, Ryan Squires-DPW); election statistics (58% turnout); upcoming Recreation events (Indoor Farmer’s Market, Turkey Hunt, Costume Drive, Wreath Raffle, Santa/Tree Lighting); mattress/box spring disposal changes; Take Out the Trash survey; Capt. Jennifer Harris commemoration recap; upcoming dedication for Spc. Jared Raymond (Dec 4th). * Blasting Complaint SOP: In response to Member Eppley 3:08:17, TA Fitzgerald stated staff are reviewing SeeClickFix and other options to establish a single, clear system for logging blasting complaints. He acknowledged issues with residents being misdirected and committed to providing an update within two weeks. Member Fletcher requested a communication plan for the new procedure 3:10:53.

Select Board Time: 3:11:25 Member Fletcher reported the Disability Commission held its first meeting and is identifying priorities, including researching visual aids for first responders interacting with the hearing impaired. She also noted the Swampscott for All Ages group and Council on Aging are working on website updates and educational videos about affordable housing 3:11:37. Chair Duffy congratulated the 7th Grade Big Blue football team on their undefeated season and Super Bowl win 3:12:47.

Adjournment: 3:13:20

Motion: Member Spellios moved to adjourn. Seconded by Member Fletcher.
Vote: Passed unanimously.

4. Executive Summary

The Swampscott Select Board met on November 16, 2022, addressing key financial matters, finalizing the warrant for the upcoming Special Town Meeting, and handling various town business items. Here are the major takeaways for residents:

Special Town Meeting Warrant Finalized (Dec 5th): The Board approved the final list of articles for voters to consider. Key items include:
- School Project Contingency: An article requests $2.9 million (1:13:03) to replenish the new elementary school’s construction contingency fund, addressing higher-than-anticipated bids due to inflation. This aims to keep the project on track without reducing scope and will utilize the existing debt exclusion framework.
- Capital Projects: Funding requests include repairs to the Town Hall garage (preventative maintenance on the uncollapsed side), lead pipe inventory, Abbott Park improvements (grant match), and replacement recreation sailboats/paddleboards (2:25:04). Debate occurred on funding the Rec equipment from general taxes versus the Rec revolving fund.
- Recreation Revolving Fund Limit: A new article was added during the meeting to increase the annual spending limit for the Recreation Department’s revolving fund from $300,000 to $500,000 (2:44:42), potentially allowing for expanded programming if revenues support it.
- Land Items: Articles seek acceptance of Supreme Court as a public way (2:45:32), acceptance of a donated parcel adjacent to recently acquired open space near Park Square (2:46:37), and correction of a prior Town Meeting vote to include an inadvertently omitted lot in the Cushing Ave area open space acquisition (2:49:48).
Tax Rate Outlook & Town Finances: The Board received the annual Tax Classification presentation (1:26:20). Key insights:
- Residential property values increased significantly (average 15.9%) based on the strong 2021 market, while commercial values rose less (9.7%), shifting more of the potential tax burden to homeowners.
- However, strategic financial management over the past decade has made Swampscott’s average single-family tax bill more aligned with Essex County and peer community averages, moving from the 3rd highest in the county toward the middle (1:45:51).
- The final FY2023 tax rate is not yet set. Decisions on using free cash or stabilization funds to offset the tax levy (as discussed for the school project impact) await state certification of those funds (2:13:11). This will be finalized after the December 5th Town Meeting.
BYOB Policy Adopted: The Board approved a formal Bring Your Own Beverage (BYOB) policy for eligible restaurants (1:04:44). After discussion about supporting local businesses, the Board voted to waive the $400 permit fee for the first year (1:12:22).
Sculpture Donation Accepted: The Town gratefully accepted the donation of two large bronze sculptures (“Happy Days” and “Fishermen”) from longtime resident Roger Votruba and his wife Elaine 50:00. Locations for placement will be determined.
Blasting Complaint Process: Following resident concerns, the Town Administrator committed to establishing a single, clear system for residents to report blasting-related issues (likely via SeeClickFix) and to improve communication about this process within two weeks 3:08:27.
State Representation: State Representative-Elect Jenny Armini addressed the Board, expressing her commitment to representing Swampscott effectively on Beacon Hill 41:36.

Significance for Residents: The upcoming Special Town Meeting requires voter action on significant financial commitments, particularly the school project funding adjustment necessitated by market conditions. The tax classification presentation highlighted the ongoing focus on balancing town services with taxpayer affordability. The adoption of the BYOB policy offers new options for diners and restaurants. Operational updates indicate progress on various town initiatives and responses to resident concerns like blasting.

5. Analysis

This meeting transcript reveals a Select Board actively engaged in complex financial oversight, policy refinement, and preparation for Town Meeting, all grounded in the specific context of Swampscott.

Financial Prudence vs. Inflationary Reality: The extensive discussion on the elementary school contingency funding (1:13:29) showcased the Board grappling with external economic pressures. Member Spellios’s detailed presentation effectively framed the $2.9M request not as project mismanagement, but as a necessary adaptation to market conditions, supported by comparative data from other MSBA projects. The decision to seek additional funds rather than risk project delays by exhausting contingency early appears prudent, and leveraging the existing debt exclusion mechanism avoids a potentially contentious new referendum. This reflects a pragmatic approach to delivering a major voter-approved project amidst unforeseen cost escalations.
Affordability Strategy: The Tax Classification presentation (1:26:20) was clearly designed to reinforce a narrative of successful financial stewardship. Interim Assessor Simmons’ use of comparative data (“spaghetti chart” 1:45:51, peer group analysis 1:52:52) effectively demonstrated that while Swampscott remains an expensive town, its tax burden trajectory has been moderated relative to neighbors over the past decade. This presentation serves as crucial context for the upcoming tax rate setting and justifies the strategic use of reserves (pending via Warrant Article 2) to cushion impacts, particularly from the school project.
Policy Debate & Business Support: The BYOB policy discussion 1:04:44 highlighted differing philosophies on regulation and fees. Member Eppley’s push for a $0 initial fee framed it as direct support for small businesses, countered by Member Phelan’s view that a fee underscores responsibility. TA Fitzgerald’s intervention casting the waiver as an “investment” seemed influential. The compromise motion by Member Spellios ($0 first year, then $400) achieved consensus, reflecting a willingness to balance support with long-term structure.
Warrant Finalization Dynamics: The review of Town Meeting articles 2:17:11 was notably dynamic. The debate over funding the recreation boats/SUPs (2:25:17) exposed differing views on the purpose and use of revolving funds versus general fund appropriations for capital needs within recreation. This debate directly led to Member Spellios’s proposal and the Board’s unanimous agreement to add a new article increasing the Rec Revolving spending cap (2:33:04, 2:44:42)—a significant procedural move demonstrating adaptability but also highlighting how specific capital requests can trigger broader policy considerations. The subsequent, somewhat painstaking, collaborative editing of warrant comments for land acquisition articles (2:51:29) underscored the importance placed on clear communication to Town Meeting, even if the process appeared slightly ad-hoc.
Responsiveness and Process: The Board demonstrated responsiveness to resident input, both directly (acknowledging Cindy Cavallaro’s comments on Pine St 38:18) and indirectly (TA Fitzgerald’s commitment to improving the blasting complaint process following Member Eppley’s query 3:08:17). Roger Votruba’s appearance and personal narrative regarding the sculpture donation (53:24) was met with warmth and swift, unanimous approval, showing the Board’s capacity to connect with community gestures.
Individual Member Roles: Member Spellios played a dominant role in financial and warrant matters, leveraging deep knowledge of the school project and town finances. Member Fletcher consistently acted as a fiscal watchdog, questioning costs and adherence to process. Member Eppley focused on strategic goals like business support and recreation investment. Chair Duffy maintained control over a complex agenda, facilitating discussions and ensuring decisions were reached. TA Fitzgerald provided crucial administrative context and support across multiple items.