Swampscott Select Board Meeting Review - December 21, 2022

This document provides a summary and analysis of the Swampscott Select Board meeting held on or around December 21, 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 agenda followed during the meeting was:

Call to Order & Pledge of Allegiance 0:08:38 (Led by guest Santa Claus)
Moment of Silence/Tribute 0:09:32 (Acknowledging the passing of Paul Levinson)
Public Comment 0:12:34 (No comments received)
Announcements/Agenda Adjustments 0:18:16 (Tabling of Archer Street discussion, Update on Zest Friends closure impacting license renewal item)
Presentation: Turkey Trot Trophies 0:14:17 (Presented by MaryEllen Fletcher with Santa Claus)
New Business: ARPA Funds for Firefighters Union Contract 0:20:09 (Discussion and Vote)
New Business: Establish and Appoint Climate Action Plan Committee 0:23:43 (Discussion and Vote)
New Business: Update and Discussion Regarding Senior Planner Position 0:29:05
Public Hearing: C&L Package Store Show Cause Hearing 0:43:57 (Regarding license cancellation)
New Business: Aggregate Industries Permit Discussion 1:16:23 (Next steps and timeline)
New Business: Discussion on Setting Select Board and Town Administrator Goals for 2023 1:27:45
Approval of Consent Agenda 1:37:51
- One-day liquor license for Historical Commission event
- Approval of Minutes (12/5/22 & 12/7/22)
Town Administrator’s Report 1:38:29
Select Board Time 2:07:36
Adjournment 2:14:46

2. Speaking Attendees

Based on the transcript and knowledge of Swampscott government:

Neal Duffy (Select Board Chair): [Speaker 3]
Sean Fitzgerald (Town Administrator): [Speaker 2] (Also appeared briefly as Santa Claus)
Peter Spellios (Select Board Member): [Speaker 1]
MaryEllen Fletcher (Select Board Member): [Speaker 5]
David Grishman (Select Board Member): [Speaker 8], [Speaker 14]
Katie Paster (Select Board Member): [Speaker 12], [Speaker 6]
Amy Sorrow (Assistant Town Administrator/Finance Director - inferred role): [Speaker 9]
Sam Vitale (Attorney for C&L Package Store): [Speaker 4]
Fran Peralta (C&L Package Store Owner/License Holder): [Speaker 10]
Angelica Noble (Police Dept. Admin / Licensing Clerk - inferred role): [Speaker 11]
John Piccarello (ERAC Representative): [Speaker 7]
Tom McInerney (Town Counsel): [Speaker 13]
Unidentified Speaker (Likely Board Member Interjection): [Speaker 15]

3. Meeting Minutes

Opening: Chair Neal Duffy called the meeting to order 0:08:38, noting the “ugly holiday sweater” theme and welcoming guest Santa Claus (Town Administrator Sean Fitzgerald). Santa Claus led the Pledge of Allegiance 0:09:12.

Tribute to Paul Levinson: Chair Duffy acknowledged the recent passing of former Select Board member and long-time Town Meeting member Paul Levinson 0:09:32. Member Peter Spellios offered personal reflections on Mr. Levinson’s integrity, intellect, service to the town, and the devotion shown by his wife, Cheryl 10:53. The Board expressed sympathies to the Levinson family.

Public Comment: Chair Duffy opened the floor for public comments 0:12:34. No comments were offered in person, via Zoom, or by email.

Announcements: Chair Duffy announced that the discussion regarding the Archer Street property acquisition and the update on additional license renewals were tabled 0:18:16. He noted the license renewal item was related to Zest Friends, which announced its closure, and expressed regret and well wishes to the owners.

Turkey Trot Awards: Member MaryEllen Fletcher presented trophies for the 1st, 2nd, and 3rd place family teams in the recent Turkey Trot 0:14:17. The Marshall family (3rd), Palacios family (2nd), and Phelan family (1st, returning champions) received their awards from Santa Claus. Member Fletcher thanked the Recreation Department and encouraged more participation next year.

ARPA Funds for Firefighters Union Contract: Chair Duffy introduced the item regarding the use of American Rescue Plan Act (ARPA) funds as part of the recently approved Firefighters Union contract 0:20:09. Town Administrator Fitzgerald thanked the Firefighters Union and President Jim Snow (present) for their work on the contract, emphasizing its role in stability and recognizing firefighters’ pandemic efforts 21:01. Chair Duffy read the motion to authorize $223,000 of ARPA funds for payments to firefighters/EMTs for critical service during the pandemic and resolution of staffing/overtime issues 21:47.

Motion: To authorize the use of $223,000 of ARPA funds for payments to firefighters/EMTs as specified. Moved by Member Grishman 22:20, Seconded by Member Fletcher 22:21.
Discussion: Member Spellios stated he would vote no, consistent with his vote on the contract, arguing it was not an appropriate use of ARPA funds and expressing concerns about the contract’s financial sustainability 22:23.
Vote: The motion passed 4-1, with Member Spellios opposed 23:17.

Climate Action Plan Committee: Chair Duffy presented a proposal to establish an official Climate Action Plan Committee 0:23:43, formalizing the work already underway by the Climate Action Resilience Coalition volunteers. He noted a grant for technical assistance had been secured. The proposed committee includes two high school students. Member Fletcher inquired about the process for selecting members; Chair Duffy explained it was based on the existing working group to maintain momentum 27:11. Member Grishman commended the inclusion of student members 28:18. Member Spellios advised Chair Duffy to recuse himself from the vote as he was appointing himself to the committee 26:52.

Motion: To establish the Climate Action Plan Committee and appoint the listed members (including Chair Duffy) for a one-year term. Moved by Member Grishman [implied, around 26:40], Seconded by Member Paster 26:51.
Vote: The motion passed 4-0, with Chair Duffy recusing himself 28:47.

Senior Planner Position Update: Chair Duffy initiated a discussion on the long-vacant Senior Planner position 0:29:05, citing board member concerns and the need for support, especially with upcoming Town Meeting preparations. Town Administrator Fitzgerald acknowledged the critical need for the position, particularly with major projects like Hawthorne and Glover, and neighborhood protection concerns 30:20. He reported zero applicants for the posted position despite a competitive salary range, noting candidates are often seeking Director-level roles. He detailed steps taken: updating the job description to “Assistant Director of Planning” with a higher salary range, outreach to universities for recruitment and potential internships, and seeking short-term consultant support 34:48. Member Fletcher expressed concern regarding support for the Planning Board, referencing recent public hearings for the Glover project and experiences in Marblehead 35:35. Member Spellios elaborated significantly on the critical, substantive nature of the position 36:08, stressing its importance for steering development, supporting land-use boards (Planning, Zoning), ensuring legal compliance in decisions, and advancing key town initiatives (Hadley, Hawthorne). He warned against viewing the vacancy as unimportant during budget season and emphasized the unsustainability of relying on board member time. He supported the TA’s rebranding and recruitment efforts, including active recruitment which has yielded results for other key positions. Town Administrator Fitzgerald agreed on the position’s importance for grant writing and economic development and committed to regular updates 41:27. Member Fletcher thanked the volunteer members of the Planning and Zoning boards for their hard work 43:38. The board discussion highlighted unified concern over the vacancy and its impact on town operations and strategic goals.

Show Cause Hearing: C&L Package Store License: Chair Duffy opened the show cause hearing regarding the All-Alcohol Section 15 Package Store license for C&L Package Store Inc., formerly at 26 New Ocean Street 0:43:57. He noted public comment would not be taken. Police Admin/Licensing Clerk Angelica Noble was sworn in as a potential witness 57:41. Attorney Sam Vitale, representing owner Fran Peralta (present), argued against cancellation 45:06. He cited Mr. Peralta’s 40 years in business, the “extraordinary circumstances” of losing the town-owned location, the difficulties finding a suitable new location in Swampscott due to zoning and geography (listing 18 locations explored), and ongoing negotiations for a space on Humphrey Street. He argued the license is a property right, that the standard 6-month timeframe isn’t rigid, and that cancellation wouldn’t serve public interest or competition. He distinguished this situation from typical “pocket license” scenarios. Mr. Peralta, when asked by Member Fletcher how much time was needed, requested the license be renewed for a year to find a location without pressure 59:58. Ms. Noble confirmed this is the only license without a fixed premise 1:01:01, that one new package store license is available due to the census 1:01:48, and the fee difference between renewal ($2100) and a new application ($2100 + $200 ABCC fee) 1:02:11. She confirmed an applicant generally needs a premise to apply 1:03:45 and that any new location requires Select Board approval 1:05:28. Town Counsel Tom McInerney advised closing the evidentiary portion before deliberation 1:06:03.

Motion: To close the evidentiary portion of the hearing. Moved by Member Spellios 1:05:42, Seconded by Member Paster 1:06:20.
Vote: Passed unanimously 1:06:21.
Motion: To cancel the all-alcohol Section 15 package store license issued to C&L Package Store Inc., pursuant to MGL Ch. 138 Sec. 77. Moved by Member Spellios [1:06:50, restated 1:09:07], Seconded by Member Paster 1:09:27.
Discussion: Member Spellios argued for cancellation based on the principle of treating all applicants equally and avoiding setting a precedent of holding licenses indefinitely without a location, while encouraging Mr. Peralta to continue searching and reapply 1:06:50. Member Paster agreed, citing precedent concerns despite appreciating Mr. Peralta’s service 1:09:27. Member Fletcher dissented, arguing the situation was unique because the town’s decision not to renew the lease led to the displacement, justifying an extension 1:10:37. Chair Duffy and Member Grishman sided with cancellation, noting the prior extension and the availability of new licenses [1:12:32, 1:13:07]. Member Spellios added context that the town had been supportive of the business previously 1:13:50. Member Paster briefly explored waiving fees if Mr. Peralta reapplied, but acknowledged Member Grishman’s point about precedent 1:15:31.
Vote: The motion to cancel the license passed 4-1, with Member Fletcher opposed 1:16:21. Chair Duffy assured Mr. Peralta of continued town staff support in finding a new location.

Aggregate Industries Permit: John Piccarello (ERAC Representative) presented ERAC’s recommendation regarding the Aggregate Industries permit, set to expire in January 1:16:23. He explained ERAC suggests extending the current permit to June 30, 2023, as there isn’t enough time to negotiate a new permit by January, especially given ongoing litigation 1:18:42. This extension would allow time for further discussions (potentially in executive session) to resolve differences. Town Administrator Fitzgerald noted the open communication line but stressed the need for careful discussion due to litigation 1:20:13. Member Spellios agreed the extension recommendation made sense but urged convening in executive session soon with ERAC and Town Counsel to discuss litigated items and potentially empower counsel for settlement talks, as ERAC cannot resolve these issues alone 1:21:42. Mr. Piccarello confirmed that the litigated points are currently “taboo” in their public meetings with Aggregate’s lawyers 1:24:08. The Board agreed an extension vote would need to be noticed for a future meeting, likely January 11th, and that executive session discussions should begin promptly. Member Fletcher asked about the number of blasts (46 vs. limit of 50); Mr. Piccarello noted this was typical and blasting often pauses over winter 1:25:37. Discussion clarified the blast limit context 1:26:24.

Select Board and Town Administrator Goals for 2023: Chair Duffy introduced the topic, proposing a discussion at the January 11th meeting to set collective Board goals and Town Administrator goals for 2023 1:27:45. He referenced past goals (pedestrian safety, staffing, land use summit) and individual member goals. Member Fletcher raised the issue of aligning the goal-setting timeline with the TA’s performance review and potential bonus, suggesting clarity on whether goals follow a calendar or fiscal year 1:30:08. Town Administrator Fitzgerald agreed on needing timeline clarity 1:30:54. Chair Duffy acknowledged this larger issue regarding the review process timing 1:31:19. Member Spellios suggested the TA should initiate the goal discussion by presenting his priorities and vision, informed by budget realities, to ensure alignment and feasibility before the Board sets its goals 1:32:27. Member Fletcher countered slightly, emphasizing the elected Board’s role in setting the town’s direction, while agreeing on the value of the TA’s input 1:34:57. Member Spellios clarified his view emphasizes leveraging professional expertise within the Town Administrator form of government 1:35:25. Town Administrator Fitzgerald stressed the importance of teamwork between the Board and TA and confirmed he would prepare his perspectives on priorities and challenges for FY24 1:36:14.

Consent Agenda: Chair Duffy presented the consent agenda: a one-day liquor license for the Historical Commission and minutes from 12/5/22 & 12/7/22 1:37:51.

Motion: To approve the consent agenda. Moved by Member Grishman 1:38:21, Seconded by Member Paster 1:38:24.
Vote: Passed unanimously 1:38:25.

Town Administrator’s Report: Town Administrator Fitzgerald provided updates 1:38:29:

Goals/Budget: Collecting department head goals for alignment; FY24 budget process underway with level-funded and 10% reduction scenarios requested.
Aggregate: Will coordinate executive session on permit/litigation.
Town Clerk: Annual census mailing soon; working on compiling 10 years of missing Annual Town Reports; updating public records request process to charge $25/hour for extensive commercial requests, per state law; will present on polling locations (prefers keeping at High School).
Trash/Recycling: No holiday delays.
Senior Center: New website (activeaginginswampscott.com); working with Police on scam awareness.
Library: Expanding programs and updating policies.
Finance/Assessing: Tax rate set (thanks to interim Assessor Dick Simmons); CIP and debt service budgets in progress.
HR: Hiring efforts continue, focus on Senior Planner/Asst. Director role.
Recreation: First Night celebration planned (Jan 1st, 1-4 pm, High School, tickets required).
Planning/Grant: Received $20k MHP grant for MBTA Communities zoning compliance (working with Bohler Engineering).
Veterans: Thanked DAV for wreath placement.
Police: Exam posted (Feb 13th deadline), over 20 applicants so far, encouraged diverse applicants to apply and contact Chief Quesada. Seeking memos from Police/Fire Chiefs on recruitment efforts.
Hawthorne: Kick-off meeting planned (Jan 28th) for public input on the newly acquired property.

Discussion on TA Report:

Police Exam: Member Grishman asked for application deadline/test date (Test Feb 13) 1:45:02. Member Spellios asked for clarification on applicant numbers and prior lists 1:57:07. Extensive discussion followed on the recruitment process and testing frequency. Member Spellios expressed concern about the low applicant number compared to Fire Dept. and advocated for more visible job postings on the town website [1:52:57, 1:55:21]. Member Fletcher and Member Paster raised concerns about the testing timeline potentially causing the town to lose good candidates to other communities [1:56:12, 2:01:02]. Town Administrator Fitzgerald confirmed a contractual limitation allows only one testing period per year 1:58:16, which Member Spellios strongly argued hinders recruitment and should be subject to impact bargaining to allow continuous testing 1:58:36. The TA noted lateral hiring is possible and authorized 2:00:39. He agreed to look into expediting physical tests for current applicants 2:02:00. The board generally agreed more flexibility in testing/hiring was needed.
Public Records Fee: Member Fletcher questioned the new $25/hour fee, expressing concern about citizen access 1:45:49. Chair Duffy and Member Spellios clarified it applies to formal, voluminous requests (often commercial data mining), not simple resident inquiries, and is allowed by state law [1:46:49, 1:48:39]. Amy Sorrow clarified via Zoom that the fee applies only after the first hour of staff time and is primarily aimed at out-of-state corporate requests 1:50:40. Member Fletcher stressed the need for easy public access to information like budgets 1:48:20.
Annual Town Reports: Member Spellios highlighted the importance of Annual Town Reports as town history and questioned how a 10-year backlog occurred, clarifying the responsibility lies with the Town Clerk’s office historically, not the current clerk 1:51:58.

Select Board Time:

Member Paster: Expressed appreciation for holiday events (Rec, Library, Senior Center) creating community spirit and memories 2:07:38. Requested information be posted about financial assistance for First Night tickets 2:14:31.
Member Fletcher: Requested the Police Chief, ACO, and TA develop a policy/plan for coyote management to avoid a situation like Nahant’s recent decision to cull coyotes 2:08:38. She emphasized education, hazing, and fines for feeding. Town Administrator Fitzgerald shared her concern, stated his opposition to culling, and emphasized education about coexisting with wildlife, noting ongoing discussions with the ACO and Chief 2:10:04. He stressed pedestrian safety as the larger public safety issue. Member Spellios strongly agreed with Member Fletcher, calling the Nahant decision baffling 2:13:22. TA Fitzgerald hoped to work collaboratively with Nahant 2:13:55. Member Fletcher thanked town cable access staff 2:14:18.
Member Spellios: Agreed strongly with Member Fletcher on coyote management 2:13:22.
Chair Duffy: Wished everyone happy holidays and expressed pleasure working with the board 2:14:55. Displayed his “ugly” holiday sweater featuring naughty/nice sequins 2:15:06.

Adjournment:

Motion: To adjourn. Moved by Member Spellios 2:14:46, Seconded by Member Grishman [implied].
Vote: Passed unanimously 2:15:48.

4. Executive Summary

This Swampscott Select Board meeting addressed several key issues impacting residents, including financial decisions, business licensing, town staffing, public safety, and future planning.

Key Decisions & Outcomes:

Firefighter Contract Funding: The Board approved, with one dissent (Member Spellios), the use of $223,000 in federal ARPA funds for payments related to the recently settled Firefighters Union contract [21:47, 23:17]. This finalizes a key component of the agreement intended to ensure stability and recognize pandemic-era service, though concerns about the use of one-time funds and long-term financial sustainability were raised.
C&L Package Store License Cancelled: Following a show cause hearing, the Board voted 4-1 (Member Fletcher opposed) to cancel the inactive package store license held by C&L Package Store 1:16:21, formerly located at town-owned property on New Ocean Street. While acknowledging the owner’s long service and difficulties finding a new location after the town did not renew his lease, the majority cited the need for consistency, adherence to precedent regarding inactive licenses, and the fact that a new license slot is available due to the recent census 1:01:48. This decision impacts the local business landscape and opens the door for new applicants. The former owner was encouraged to reapply if a suitable location is found.
Climate Action Committee Established: The Board formally established a Climate Action Plan Committee, appointing members (including two high school students) to guide the development of the town’s climate plan, work already initiated by volunteers [23:43, 28:47]. This formalizes the town’s commitment following Town Meeting approval and provides a public process for plan development.

Significant Discussions & Updates:

Senior Planner Vacancy: Extensive discussion highlighted the critical need and ongoing difficulty in filling the Senior Planner position (being rebranded as Assistant Director of Planning) 29:05. Board members and the Town Administrator emphasized the role’s importance for managing development (Glover, Hawthorne), supporting volunteer land-use boards, ensuring zoning compliance, and advancing strategic initiatives. The vacancy strains existing staff and volunteers and could hinder progress on major projects. Active recruitment and potential consultant use are being pursued.
Aggregate Industries Permit: The Board received a recommendation from the ERAC committee to extend Aggregate Industries’ operating permit until June 30, 2023, to allow more time for negotiation, complicated by ongoing litigation 1:16:23. The Board anticipates voting on this extension in January and will hold executive sessions to discuss strategy. This impacts residents near the quarry and involves balancing economic activity with environmental and quality-of-life concerns.
Police Recruitment & Testing: Concerns were raised about the relatively low number of applicants for the upcoming police exam (20+) compared to the fire department 1:52:57. A significant discussion ensued about the current practice, limited by contract to one testing “period” per year, potentially hindering the ability to maintain a deep, qualified applicant pool and hire officers promptly 1:58:16. The Board urged the Town Administrator to explore options for more frequent testing/hiring flexibility.
Public Records Fees: The Town Administrator announced a new policy to charge $25/hour (per state law) for fulfilling public records requests that require significant staff time (over 1 hour), primarily aimed at commercial data mining entities [1:38:29, 1:50:40]. Concerns about citizen access were discussed, with assurances that routine resident requests would not incur fees.
Coyote Management: Prompted by events in Nahant, Member Fletcher requested a formal town plan for coyote management emphasizing education and non-lethal methods 2:08:38. The Town Administrator and other board members expressed strong agreement on avoiding culling and focusing on humane coexistence and public education.
Hawthorne Property: The Town Administrator confirmed the town has formally acquired the Hawthorne property and announced a public kick-off meeting for resident input on January 28th 1:44:48. This marks a significant step in planning the future of this major town asset.
Goals for 2023: The Board agreed to dedicate time at its January 11th meeting to discuss and set strategic goals for the Select Board and the Town Administrator for the upcoming year 1:27:45.

Tribute: The meeting began with a heartfelt tribute to the late Paul Levinson, recognizing his decades of service to Swampscott 0:09:32.

5. Analysis

This meeting showcased the Swampscott Select Board navigating a mix of routine administrative tasks, significant policy decisions, and forward-looking strategic discussions, all grounded in the context of MA town governance structure.

Decision-Making Dynamics: The C&L Package Store hearing [0:43:57 - 1:16:21] provided a clear example of the Board grappling with competing values: precedent and procedural consistency versus sympathy for a long-term business owner displaced partly due to town action. Attorney Vitale presented a compelling narrative of fairness 45:06, but the majority (Spellios, Paster, Grishman, Duffy) ultimately prioritized the principle that licenses are tied to active premises and that extensions cannot be indefinite, fearing setting an unmanageable precedent [1:06:50, 1:09:27, 1:13:07, 1:12:32]. Member Fletcher’s dissent highlighted the unique town-landlord aspect as justification for deviation 1:10:37, reflecting a different weighting of factors. The 4-1 vote suggests a strong, though not unanimous, consensus on adhering to established norms for license management. Similarly, the ARPA vote 23:17 showed a majority prioritizing contract resolution and firefighter support, while Member Spellios’s dissent represented a fiscally conservative stance against using one-time funds for operational-like costs 22:23.
Effectiveness of Arguments: Member Spellios’s detailed arguments regarding the Senior Planner position’s criticality were particularly effective in framing the issue not just as a vacancy but as a strategic imperative impacting multiple facets of town governance, from zoning enforcement to major project execution 36:08. His comparison with Marblehead’s handling of the Glover project implicitly critiqued Swampscott’s current capacity and bolstered the case for urgent action. Town Administrator Fitzgerald responded effectively by detailing concrete steps being taken (rebranding, outreach, consultant exploration) while candidly acknowledging the difficult hiring market 30:20. Attorney Vitale’s arguments for C&L, while legally sound regarding property rights and due process, appeared less effective in swaying the Board majority who focused more on the practicalities of license management and the time already elapsed [45:06 vs Board deliberation].
Revealed Tensions and Challenges: The discussion on police recruitment testing frequency exposed a significant operational challenge apparently rooted in contractual limitations [1:51:58 onwards]. The Board’s unified frustration and Member Spellios’s strong push for impact bargaining 1:58:36 suggest this is a point of friction between administrative needs (filling vacancies quickly with the best candidates) and potentially outdated union agreement terms. The Town Administrator acknowledged the limitation, setting the stage for future negotiation. The dialogue around public records fees [1:45:49 onwards] surfaced underlying tension regarding transparency and access versus managing staff workload, ultimately clarified by Asst. TA Sorrow’s explanation focusing the fee on burdensome commercial requests 1:50:40. The 10-year backlog in Annual Town Reports pointed to a past administrative lapse now being addressed 1:51:58.
Strategic Alignment & Goal Setting: The pre-discussion on goal setting revealed slightly differing philosophies between Member Spellios (emphasizing the TA’s professional guidance initiating the process 1:32:27) and Member Fletcher (emphasizing the elected Board’s role in setting direction 1:34:57), though both agreed on the need for TA input. This foreshadows a potentially nuanced discussion in January as the Board seeks to align its priorities with the administration’s operational realities and strategic vision, particularly given the ambitious projects underway (Hawthorne, Hadley, waterfront) and persistent challenges (staffing).
Town Administrator Role: Town Administrator Fitzgerald effectively balanced managing current operations (budget, staffing, department updates) with addressing strategic challenges (Senior Planner recruitment, Aggregate permit, Hawthorne planning). His willingness to engage directly on sensitive issues like coyote management 2:10:04 and acknowledge constraints (police testing contract 1:58:16) facilitated productive, albeit sometimes difficult, Board discussions.