2022-11-30: Select Board

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Swampscott Select Board Meeting Analysis: November 30, 2022

This document provides an analysis of the Swampscott Select Board meeting held on November 30, 2022, designed for Town Meeting members and voters.

1. Agenda

Based on the transcript, the likely agenda followed during the meeting was:

  1. Call to Order & Pledge of Allegiance 0:08:33
  2. Public Comment 0:08:52
  3. New Business: Swampscott Unites Respects & Embraces Diversity (SURE) - “Tell Us Your Story” Project Presentation 0:10:54
    • Presentation by SURE representatives
    • Board discussion and comments
  4. New Business: Committee Appointments (Taken out of original order) 0:18:54
    • Discussion and Vote: Appointment to Tree Committee (Robert Levy) 0:19:35
    • Discussion and Vote: Appointments to War Memorial Scholarship Fund Committee (Martha Brine, Douglas Malin, Duncan Malin) 0:21:06
  5. New Business: Discussion & Potential Vote on Fire Department Collective Bargaining Agreement (CBA) 0:24:46
    • Presentation by Town Administrator and Fire Chief 0:25:40
    • Financial breakdown by Finance Director 0:39:11
    • Board discussion and deliberation
    • Vote on CBA Memorandum of Understanding (MOU) 1:17:02
  6. New Business: Update on 2022 Tax Classification & Special Town Meeting Warrant (Items B.3 & B.4 combined) 1:18:34
    • Presentation by Town Assessor on Valuations and New Growth 1:24:32
    • Presentation by Treasurer/Collector on Tax Rate Setting Process 1:41:02
    • Presentation by Finance Director on Free Cash, Stabilization, and Tax Impact Modeling 1:45:42
    • Board discussion on potential use of Free Cash/Stabilization funds to offset tax levy
    • Discussion of Special Town Meeting Warrant Articles (overview, funding sources, presentation responsibilities) 2:25:13
      • Article 6 (Recreation Revolving Fund - Boat Purchase Funding Source Change) Vote 2:35:43
      • Discussion/Assignment of Articles 7-10
  7. New Business: Discussion & Potential Vote on filing the DE-2 Application (School Contingency Debt Exclusion) 2:40:00
    • Discussion
    • Vote to accept OPM Report and authorize DE-2 application filing 2:41:01
  8. Votes of the Board: Approval of Consent Agenda 2:42:07
    • Vote to approve minutes of 11/16/22 meeting 2:42:31
  9. Town Administrator’s Report 2:42:51
    • Updates on Building Dept., Senior Center/Community Cares, Recreation Dept., Veterans Services, DPW (Water Leaks, Staffing)
  10. Select Board Time 2:53:27
    • Blood Drive Announcement (Member Eppley)
    • Library Programming Praise (Member Eppley)
    • Aggregate Quarry Complaint Process Update (Member Fletcher/TA Fitzgerald)
    • Recreation Department Programming & Scholarship Communication (Member Phelan)
    • Gas Leak Process Discussion
  11. Adjournment 2:59:28

2. Speaking Attendees

  • Neal Duffy (Select Board Chair): [Speaker 3] - Led meeting, introduced items, managed public comment, stated email address.
  • Sean Fitzgerald (Town Administrator): [Speaker 1] - Presented on Fire CBA, introduced appointee, gave TA report, answered financial/operational questions.
  • Sue Burgess (SURE Representative): [Speaker 12] - Presented on “Tell Us Your Story” project.
  • Martha Curry (SURE Representative): [Speaker 11] (at 0:11:29) - Presented on “Tell Us Your Story” project.
  • David Eppley (Select Board Member): [Speaker 8] - Commented on SURE, asked detailed Fire CBA cost questions, discussed ARPA use, asked about REC fund discrepancy, discussed REC Director funding, mentioned blood drive/library.
  • Robert Levy (Tree Committee Appointee): [Speaker 11] (at 0:20:39) - Spoke about interest in Tree Committee.
  • Douglas or Duncan Malin (War Memorial Scholarship Fund Appointee): [Speaker 13] - Spoke about history and involvement with the committee. (Specific brother not identified).
  • Graham Archer (Fire Chief): [Speaker 7] - Presented on Fire CBA negotiation, discussed age limits, staffing history.
  • Amy Sarro (Finance Director/Town Accountant): [Speaker 4] - Provided detailed financial figures (Fire CBA cost, Free Cash, Stabilization, Tax Impact).
  • Mary Ellen Fletcher (Select Board Member): [Speaker 6] - Asked detailed questions on Fire CBA (costs, age limit, staffing clarity, ARPA), tax classification (new growth, school bond impact), REC account transparency/funding, Aggregate complaint process.
  • Katie Phelan (Select Board Member): [Speaker 10] - Commented on SURE, Fire CBA (supported based on trust in negotiators), tax mitigation, REC scholarship communication.
  • Peter Spellios (Select Board Member): [Speaker 2] - Questioned ARPA vote timing, strongly opposed Fire CBA (grievance settlements, cost, text message issue), discussed tax classification goals/analysis needs, proposed meeting time change, discussed warrant articles, moved consent agenda, discussed REC funding/core service, discussed acceptance of public ways, discussed school contingency article.
  • Richard Puleo (Town Assessor): [Speaker 5] - Presented tax classification update (valuations, new growth, peer comparison).
  • Patrick Dello Russo (Treasurer/Collector): [Speaker 9] - Presented tax rate setting process, state aid, local receipts, bond details.
  • Unidentified Speaker: [Speaker 14] - Made brief interjections or acknowledgments during discussions. (Likely a board member or staff, but lacks identifying statements).

3. Meeting Minutes

Call to Order & Public Comment: Chair Neal Duffy called the meeting to order at 0:08:33 and led the Pledge of Allegiance. He reviewed the public comment rules. No public comment was offered in person or via Zoom 0:10:49.

SURE “Tell Us Your Story” Project: Sue Burgess [Speaker 12] and Martha Curry [Speaker 11] from Swampscott Unites Respects & Embraces Diversity (SURE) presented their “Tell Us Your Story” project 0:11:10, encouraging residents to share their family’s immigration stories. They highlighted collaboration with the Swampscott Public Library for archiving, potential displays, and podcasts 0:13:36. Board members expressed strong support, noting the project’s potential for community building, breaking down isolation (Town Administrator Fitzgerald 0:17:46), fostering family conversations (Member Eppley 0:15:48), and connecting residents (Chair Duffy 0:16:39).

Committee Appointments: The Board took committee appointments out of order 0:18:54.

  • Tree Committee: Town Administrator Fitzgerald recommended Robert Levy for a 3-year term 0:19:35. Mr. Levy expressed his interest in the town’s natural environment 0:20:39. Member Eppley moved to appoint Mr. Levy, seconded by another member. The vote was unanimous in favor 0:21:06.
  • War Memorial Scholarship Fund Committee: The Town Administrator recommended Martha Brine, Douglas Malin, and Duncan Malin for 3-year terms 0:21:06. Douglas or Duncan Malin [Speaker 13] spoke about the committee’s history and his long involvement 0:21:47. Town Administrator Fitzgerald praised the Malins’ history of service 0:23:45. A motion was made to appoint all three, seconded, and approved unanimously 0:24:43.

Fire Department Collective Bargaining Agreement (CBA): Town Administrator Fitzgerald presented the proposed 3-year CBA (FY23-FY25) with the Firefighters Union 0:25:40. Key terms included Cost of Living Adjustments (COLA) of 2.75% (FY23), 2.25% (FY24), 2.5% (FY25); transition of clerk duties to a civilian position; revised hiring policy raising the age cap compromise to 35; withdrawal of pending grievances/ULPs; language clarifying Chief’s authority on staffing levels based on budget/operational needs with notice; a one-time $4,500 payment per member (settling grievances/recognizing pandemic service, proposed from ARPA funds); a one-time $500 stipend per member for pandemic Deputy Health Agent work (proposed from ARPA); a new ongoing $1,000 hazardous material stipend starting Jan 2024, increasing to $1,500; and Juneteenth as a paid holiday [0:26:03 - 0:36:55]. Fire Chief Graham Archer described the negotiation as lengthy but resulting in a balanced compromise 0:37:39. Finance Director Amy Sarro detailed the Year 1 costs: $92,712 (COLA/recurring), $171,000 (Grievance/Pandemic Payment), $19,000 (Health Agent Payment), $33,000 (Hazmat Stipend), totaling $315,712 0:39:11. $223,000 was proposed from ARPA funds for one-time costs, with the remaining $59,965 COLA cost needing appropriation from Free Cash beyond the salary reserve 0:41:37. Year 2 cost: $89,328; Year 3 cost: $73,296 0:41:56.

  • Board Discussion: Extensive discussion followed. Members expressed discomfort with the cost and significant use of ARPA funds for grievance settlements (Chair Duffy 0:44:19, Member Eppley 0:56:01, Member Fletcher 0:58:49). Member Fletcher questioned the clarity of the age limit rationale 0:47:00 and the strength of the new staffing language 0:58:49. Chief Archer provided a lengthy explanation of the age limit issue, citing disparate impacts on female and minority candidates and historical context, acknowledging the union’s resistance and the compromise at 35 0:48:46. Town Administrator Fitzgerald noted the union’s concern about older hires’ longevity/risk, framing 35 as an uncomfortable but necessary compromise 0:53:23. Member Spellios strongly objected to the contract 1:08:08, primarily due to paying to settle grievances he believed the town would win, particularly regarding overtime for unworked shifts during COVID and a grievance related to a private text the Chief sent regarding the 2021 Pride event participation, which Spellios read aloud 1:13:40. He argued the payments rewarded union tactics and were unaffordable. Other members (Duffy, Eppley, Phelan 1:04:31) acknowledged discomfort but indicated support, deferring to the negotiators and prioritizing labor peace, avoiding arbitration costs/uncertainty, and hoping for improved relations.
  • Vote: A motion to approve the MOU was made and seconded. The vote was 4-1 in favor, with Member Spellios opposed 1:17:59. Town Administrator Fitzgerald acknowledged the differing perspectives 1:18:00.

Tax Classification & Special Town Meeting Warrant: The Board discussed the FY23 tax classification and Special Town Meeting (STM) warrant articles concurrently 1:18:34. They agreed to discuss but hold final votes until their pre-STM meeting on Monday, Dec 5th, after the Finance Committee (FinCom) meeting 1:19:26. They decided to meet earlier on Monday (5:00 PM) to allow sufficient time 1:21:21.

  • Presentations: Assessor Richard Puleo presented updated valuation data 1:25:13, noting significant residential appreciation (16% single-family, 20.9% condo incl. new growth) shifting the tax burden further onto residents (93% residential value) 1:28:29. New growth was certified at $43.9M, largely from White Court 1:26:01. Treasurer/Collector Patrick Dello Russo reviewed the tax rate setting process 1:41:02. Finance Director Amy Sarro reported Free Cash certified at $3.63M 1:45:42 and combined Stabilization funds near $10M 1:46:42. She presented tax impact modeling 1:48:01, showing the new school debt adds ~$453 to the median single-family bill ($685,900 value) without mitigation 1:49:13. Using ~$1M in reserves offsets the school debt impact to the previously discussed target of $300 1:49:13.
  • Reserve Use Discussion: The Town Administrator recommended using $1.25M from Free Cash and $1.25M from General Stabilization ($2.5M total) to reduce the median single-family increase to $409 1:58:29, acknowledging this would bring reserves slightly below policy targets but arguing it was prudent given inflation and the need for taxpayer relief 2:01:49. Member Spellios suggested splitting the Stabilization withdrawal between General and Capital funds to keep both within policy ranges 2:00:25, which Ms. Sarro confirmed was possible 2:00:59. He also requested analysis showing impacts across all property types (condo, multi-family, commercial) and the effect of shifting back to a 1.75 commercial factor [2:04:03, 2:10:08]. Members generally supported the TA’s recommendation ($2.5M use) as a floor, expressing comfort with using reserves while acknowledging the need for fiscal prudence and fulfilling the $300 school debt commitment (Member Eppley 2:18:11, Chair Duffy 2:17:58, Member Fletcher 2:23:00, Member Phelan 2:22:30). Discussion also touched on potential future uses of free cash and the need for ongoing budget management and economic development [2:19:02, 2:21:18].
  • Warrant Articles: The Board confirmed Article 1 (Prior Year Bills) and Article 5 (Revolving Fund Limit Increase) had prior favorable recommendations. They agreed to defer votes on Article 3 (CBA Funding) and Article 4 (Compensated Absences Fund) until Monday 2:25:13. Regarding Article 6 (Capital Items), based on FinCom’s recommendation and the higher-than-expected Recreation Revolving Fund balance ($288K) 2:26:53, Member Spellios moved to change the funding source for the sailboats/paddleboards ($40,641) from Capital/Borrowing to the Recreation Revolving Fund, contingent on Article 5 passing. The motion was seconded and approved unanimously 2:35:55. This sparked a broader discussion about Recreation funding, with Members Eppley 2:30:59 and Spellios [2:27:36, 2:31:55] arguing the Director’s salary should be in the general fund as a core service, while Member Fletcher [2:27:59, 2:33:38] advocated for a percentage split and a comprehensive review of REC finances and policies. Member Phelan requested better communication about REC scholarships 2:34:07. Town Administrator Fitzgerald seemed open to discussing general fund support for REC 2:32:00. The Board assigned presentation duties for remaining articles: Article 7 (School Contingency - School Building Committee Chair/Spellios) 2:36:27, Articles 8 (Street Acceptance - Planning Board/TA explanation requested by Spellios) 2:37:17, Articles 9 & 10 (Land Donations - Spellios/Duffy) 2:39:25.

DE-2 Application: Following discussion confirming the Owner’s Project Manager (OPM) report aligned with committee recommendations, Member Spellios moved to accept the OPM report and authorize the Town Administrator/Treasurer to file the DE-2 application for the school contingency debt exclusion with the state 2:41:01. The motion was seconded and approved unanimously 2:42:07.

Consent Agenda: Member Spellios moved to approve the November 16, 2022 minutes 2:42:31. Seconded and approved unanimously 2:42:42.

Town Administrator’s Report: Mr. Fitzgerald reported on high permit volume 2:42:51, progress on the Community Cares initiative 2:43:18, the new Senior Center website 2:43:35, Recreation events (Turkey Hunt) 2:43:55, Veterans services (holiday meals, wreath laying, Gold Star event) 2:46:24, and DPW activities including new hires, Fish House improvements, and significant water leak detection/repair (approx. 200,000 gallons/day loss identified) 2:47:37.

Select Board Time: Member Eppley announced a VFW blood drive on Dec 9th and praised Library programming 2:53:30. Member Fletcher inquired about the Aggregate quarry complaint process 2:54:31; TA Fitzgerald outlined updates including SeeClickFix changes, Fire Dept protocol, newsletter info, and potential flyers for affected neighborhoods 2:54:48. Member Phelan praised the Recreation Department’s programming and urged better communication regarding scholarships/financial assistance 2:57:35, leading to discussion about ensuring access for all residents 2:58:25. A brief discussion occurred regarding responsibility and process for addressing gas leaks, confirming National Grid’s primary responsibility but acknowledging complexities in locating and prioritizing repairs 2:49:31.

Adjournment: A motion to adjourn was made, seconded, and approved unanimously after acknowledgments of production staff 2:59:28.

4. Executive Summary

This meeting addressed several significant financial and operational matters crucial for Swampscott residents.

Fire Department Contract Approved Amidst Debate: The Select Board approved a new three-year collective bargaining agreement with the Firefighters Union (Local 1459) on a 4-1 vote 1:17:59. The contract includes annual raises (2.75%, 2.25%, 2.5%), a new hazardous materials stipend, Juneteenth as a holiday, and an increase in the hiring age cap to 35 0:26:03. Significance: This agreement aims to stabilize labor relations after a contentious period, including resolving outstanding grievances and a ULP charge. However, it comes at a significant cost, requiring over $315,000 in the first year, including $223,000 in one-time payments funded by federal ARPA dollars for grievance settlements and pandemic service recognition 0:39:11. The use of one-time funds and the principle of settling grievances the administration felt the town could win drew strong dissent from Member Spellios 1:08:08 and expressions of discomfort from other members concerned about the cost and precedent [0:44:19, 0:56:01]. The outcome reflects a majority prioritization of resolving conflict and avoiding potential arbitration costs over contesting the grievances.

Tax Rate Mitigation Strategy Takes Shape: Facing a potential significant tax increase primarily driven by the new elementary school debt service ($453 impact on median single-family home) 1:49:13, the Board extensively discussed using the town’s reserves. Free Cash was certified at $3.63 million 1:45:42 and Stabilization funds total nearly $10 million 1:46:42. The Town Administrator recommended using $1.25M from Free Cash and $1.25M from Stabilization ($2.5M total) to reduce the median tax increase to $409 1:58:29. The Board consensus leaned towards this level of mitigation as a minimum “floor” 2:17:49, aiming to fulfill the promise of keeping the initial school debt impact around $300 while balancing taxpayer relief against maintaining healthy reserves. Significance: This decision, to be finalized after Town Meeting, directly impacts residents’ FY23 tax bills. Using substantial reserves provides immediate relief during inflationary times but slightly lowers fund balances below policy targets, requiring careful future budgeting and potential reliance on continued new growth 2:01:49. Detailed analysis across all property types was requested 2:04:03.

Special Town Meeting Warrant Items Advanced: The Board reviewed articles for the upcoming Special Town Meeting. Notably, they voted to recommend funding $40,641 for Recreation sailboats and paddleboards from the Recreation Revolving Fund instead of borrowing, if Town Meeting approves raising the revolving fund’s spending limit (Article 5 -> Article 6) 2:35:55. Significance: This reflects utilizing available dedicated funds but also sparked a significant policy discussion about whether Recreation, as a core town service, should have its primary costs (like the Director’s salary) funded through the general tax levy rather than relying heavily on program fees via the revolving fund 2:30:59. This indicates a potential future shift in how Recreation is funded. The Board also prepared for votes on funding the Fire CBA (Article 3) and a reserve for employee compensated absences (Article 4) using Free Cash.

Other Key Actions & Discussions:

  • SURE Project Endorsed: The Board enthusiastically supported SURE’s “Tell Us Your Story” initiative to collect residents’ immigration histories, recognizing its community-building value 0:15:43.
  • Committee Appointments: Robert Levy was appointed to the Tree Committee 0:21:06; Martha Brine, Douglas Malin, and Duncan Malin were appointed to the War Memorial Scholarship Fund Committee 0:24:43.
  • School Contingency Funding: The Board authorized filing the state application (DE-2) needed to potentially access debt exclusion funds for school project contingencies, should Town Meeting approve it (Article 7) 2:41:01.
  • Aggregate Quarry Complaints: The Town Administrator outlined improvements to the process for residents to file complaints about blasting impacts, including SeeClickFix updates and Fire Department procedures 2:54:48.
  • Water System Maintenance: Significant water leaks (approx. 200,000 gallons/day) were identified and are being repaired by DPW as part of routine system maintenance 2:48:01.

5. Analysis

The November 30th Select Board meeting showcased a board grappling with significant financial pressures, legacy labor issues, and evolving views on core services, all grounded in the context of recent major capital decisions (school, open space).

Fire CBA: Pragmatism Over Principle (for the Majority): The debate over the Fire CBA was the meeting’s most contentious point. The Town Administrator and Fire Chief presented the agreement as a pragmatic, albeit costly, resolution to protracted disputes, emphasizing gained operational flexibility (staffing language) and the need to move forward [0:25:40, 0:37:39]. Their argument rested heavily on the implied costs and risks of not settling (arbitration, continued legal fees, damaged morale). Member Spellios mounted a principled and detailed opposition, arguing against rewarding what he portrayed as union exploitation of grievances (unworked COVID shifts, Chief’s Pride text) and decrying the use of substantial one-time ARPA funds for settlements 1:08:08. His argument was compelling on fiscal and ethical grounds but failed to sway the majority. The other members, while expressing clear discomfort with the cost [0:44:19, 0:56:01, 1:04:31], ultimately prioritized ending the conflict and deferred to the negotiators’ judgment that this was the best achievable deal 1:17:02. This outcome suggests a strong board desire for labor stability, even at a high price and despite reservations about the specific terms of the peace. The age limit discussion [0:47:00 onwards] further exposed underlying tensions, pitting management’s stated diversity goals against union resistance framed around tradition and perceived risk, resulting in a compromise (age 35) that satisfied neither side completely but allowed the deal to proceed.

Tax Mitigation: Balancing Relief and Prudence: The tax classification discussion was dominated by the need to mitigate the new school’s impact. The finance team’s detailed presentations provided the necessary data [1:24:32 onwards]. The Town Administrator forcefully advocated for significant use of reserves ($2.5M) [1:58:29, 2:01:49], leveraging the current inflationary environment and the town’s success in building those reserves precisely for moments like this. His argument effectively framed the financial policies as guides rather than rigid constraints. The Board appeared largely aligned on the need for substantial relief, anchored by the prior ~$300 commitment 2:23:25. The debate focused on the degree of reserve usage, with members probing the boundaries of fiscal policy and future implications [2:06:27, 2:12:29]. The consensus forming around the TA’s $2.5M recommendation as a floor 2:17:49 indicates a willingness to be aggressive in cushioning the initial blow of the school debt, while requests for more granular data (Spellios 2:04:03) show an ongoing focus on understanding the full distributional impacts.

Recreation Funding: Seeds of Policy Shift: The seemingly minor decision to shift funding for boats/boards to the Recreation Revolving Fund 2:35:55 unexpectedly catalyzed a significant policy discussion [2:27:36 onwards]. Arguments from Members Eppley and Spellios that Recreation is a core service whose director should be funded via the general levy [2:30:59, 2:31:55], challenging the existing self-funding model, gained traction. This reflects a potential evolution in the Board’s thinking about essential town services and equity of access (raised by Phelan regarding scholarships 2:34:07). While no immediate change was made, the clear interest expressed by several members and the TA’s openness 2:32:00 suggest this will be revisited, potentially leading to a fundamental change in how Recreation is budgeted and perceived in Swampscott.

Overall Dynamics: Chair Duffy maintained control over the proceedings. Town Administrator Fitzgerald played a central role in advocating for key positions (Fire CBA settlement, significant tax mitigation). Member Spellios served as the most vocal critic on fiscal matters and procedural principles (CBA grievances, tax analysis needs, street acceptance clarity). Members Eppley, Fletcher, and Phelan actively engaged, asking probing questions and shaping the contours of the debate, particularly around fiscal impacts and service delivery (REC funding/transparency). The finance team (Sarro, Dello Russo, Puleo) provided critical data that framed major decisions. The meeting demonstrated a board willing to make difficult financial compromises (Fire CBA) while also actively seeking ways to shield taxpayers from immediate large impacts (tax mitigation) and beginning to question established funding paradigms for core services (Recreation).