2023-04-24: Select Board Meeting

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

Swampscott Select Board Meeting Analysis: April 24, 2023

Section 1: Agenda

Based on the transcript, the likely agenda for the meeting was:

  1. Call to Order & Pledge of Allegiance 0:02:52
  2. Public Comments 0:03:23
  3. New and Old Business
    • Discussion & Possible Vote on New Mooring Fees 0:04:05
    • Discussion & Possible Vote to Close the FY2024 Town Warrant 0:16:34
      • Review of Warrant Articles (including potential edits and recommendations)
      • Discussion on Article Ordering
      • Vote to Close Warrant 1:13:00
  4. Votes of the Board
    • Approval of Consent Agenda (One-Day Liquor License for Bent Water Brewing) 1:13:43
  5. Town Administrator’s Report 1:14:15
  6. Select Board Time 1:20:25
    • Comments on upcoming Hawthorne Visioning Session
    • Farewell Remarks for Neal Duffy
  7. Adjournment 1:32:29

Section 2: Speaking Attendees

Based on the transcript and contextual knowledge of Swampscott Town Government:

  • Neal Duffy (Select Board Chair): [Speaker 3] - Leads the meeting, refers to his Swampscott email, receives farewell remarks as outgoing Chair/member.
  • Peter Spellios (Select Board Member): [Speaker 1] - Makes motions, discusses mooring fees rationale, raises VFW residency preference issue, discusses warrant article language/ordering, recuses himself from Article 25, offers farewell remarks.
  • Sean Fitzgerald (Town Administrator): [Speaker 4] - Provides context on mooring fees, discusses Special Education Reserve fund rationale, confirms ACO support for wildlife bylaw, addresses questions about Solid Waste Committee involvement, provides Town Administrator’s report, responds to questions on hiring, offers farewell remarks.
  • David Grishman (Select Board Member): [Speaker 5] - Expresses concern about mooring fee increase without amenities, discusses VFW/Michon residency numbers, asks questions about Vinnin Square zoning impact, offers farewell remarks.
  • MaryEllen Fletcher (Select Board Member): [Speaker 6] - Questions mooring fee structure, notes fees haven’t increased in decades, agrees about needing information earlier, asks clarifying questions on warrant articles and TA report (hiring process).
  • Katie Phelan (Select Board Member): [Speaker 7] - Seconds motion, expresses concern about lack of timely information, asks detailed questions about VFW/Michon residency, asks about Planning Board input on zoning language, asks about public hearings, asks TA about Fire Dept openings/promotions, thanks technical staff, offers farewell remarks.
  • Pete Kane (Town Counsel/Staff): [Speaker 8] - Responds to specific questions about warrant article language (Art. 10/11, Art. 18), confirms FinCom reporting status, confirms warrant availability. (Identified by name multiple times).
  • Staff/Support: [Speaker 9] - Handles meeting logistics, relays message from Amy O’Neil (Finance Director) regarding FinCom recommendations.
  • Angela Ippolito (Planning Board Chair): [Speaker 2] - Explains rationale and details of zoning articles (Site Plan Special Permit, Vinnin Square B4 rezoning, Hadley Overlay, A2-A4 rezoning), answers Board questions on zoning specifics, confirms upcoming public hearing dates. (Self-identifies as “Angela”, discusses Planning Board matters).
  • Unknown Attendee/Staff: [Speaker 10] - Makes brief comments (“I agree,” responds to FinCom letter query).
  • Unknown Attendee/Staff: [Speaker 11] - Recites pledge, makes brief interjections (“Yeah,” “Yep”).
  • Unknown Attendee: [Speaker 12] - Brief, unclear comments at the start.

Section 3: Meeting Minutes

1. Call to Order & Pledge: Chair Neal Duffy called the meeting to order and led the Pledge of Allegiance 0:02:52.

2. Public Comments: Chair Duffy opened the floor for public comments from those in the room, on Teams, or via email. No public comments were received 0:03:23.

3. Mooring Fees Discussion & Vote:

  • Proposal: Chair Duffy introduced the Harbormaster’s proposal to increase mooring fees: residential from $3.50/ft to $5.50/ft, non-residential from $6.00/ft to $8.00/ft. New transient fees of $50/night and $35/up to 4 hours were also proposed 0:04:05. He noted this was the first increase since at least 2016 and that comparison data from other towns had been provided, though recently.
  • Motion: Member Peter Spellios moved to approve the proposed fee increases 0:06:40.
  • Discussion:
    • Member MaryEllen Fletcher questioned the per-foot structure versus a tiered system based on boat size, suggesting larger boats could potentially generate more revenue 0:07:16. Town Administrator Sean Fitzgerald noted per-foot based on size is common practice 0:07:51.
    • Member David Grishman expressed opposition to raising resident fees, citing a memo from resident Ted Dooley arguing Swampscott lacks amenities compared to neighboring harbors, making the increase unjustified 0:08:45. He supported the transient fees and potentially non-resident increases.
    • Town Administrator Fitzgerald acknowledged affordability concerns but argued the current $3.50/ft rate was very low, and the increase was incremental, still keeping Swampscott competitive while generating revenue for harbor investments and programs 0:09:56.
    • Member Fletcher countered the lack-of-amenities argument, stating the increase was justified simply because fees hadn’t been raised in decades (1:11:41 - “in 1995, I paid $3.50”) and that revenue is needed to provide services 1:12:08. She did note, however, that more comparative data on amenities would have been helpful.
    • Member Spellios suggested convenience is the primary reason boaters use Swampscott harbor 1:12:46. He reiterated his view that the town subsidizes the boating community and respected the Harbormaster’s request 1:13:15. He remade his motion when it initially lacked a second 1:13:40.
    • Member Fletcher seconded the renewed motion 1:14:00.
    • Town Administrator Fitzgerald mentioned the Harbormaster viewed this as the first step in incremental increases over several years 1:14:14.
    • Member Katie Phelan expressed frustration about receiving comparative data late, hindering informed decision-making 1:14:48. Member Fletcher agreed 1:15:22. Member Spellios concurred it was “bad form” for policy changes to come forward without full documentation but acknowledged the need to act so mooring bills could be sent 1:15:27.
  • Vote: The motion to approve the new mooring fees passed 4-1, with Member Grishman opposed 1:16:34.

4. FY2024 Town Warrant Review & Closing:

  • Objective: Chair Duffy stated the goal was to finalize and close the warrant for printing, deferring final Select Board recommendations on many articles 0:16:34.
  • Article Review Highlights:
    • Article 5 (Special Ed Reserve): Board agreed to report at Town Meeting, pending further discussion with the Town Administrator about the funding level 1:21:13. Member Spellios expressed a desire to understand the rationale for the $450k figure derived from circuit breaker funds 1:21:21.
    • Article 10 (Acquire VFW Property) & Article 11 (Dispose of Town Property for Affordable Housing): A significant discussion occurred regarding resident preference for affordable housing projects 0:25:04. Member Phelan raised concerns about the low percentage of Swampscott residents currently at the Michon project (stated as <25%) and sought clarity on ensuring Swampscott residents benefit from the proposed VFW project 0:25:04. Member Spellios explained the state’s 70% maximum preference limit and process, hypothesizing why Michon might be below that 0:26:07. He suggested adding language committing the town to seek the maximum preference allowed by the state for veterans and Swampscott residents 0:29:20. The Board agreed to defer recommendations on Articles 10 & 11 (“report at Town Meeting”) to allow time to work on motion language regarding preference and consult with DHCD 0:31:18. An edit was made to move the reference of “10 New Ocean Street” from the title of Article 10 to Article 11, clarifying it relates to disposition, not acquisition 0:32:17.
    • Article 12 (Dispose of Greenwood Ave Property): The Board amended the language suggested by Town Counsel, removing “general municipal purposes” and specifying the purpose as “for hotel and associated accessory uses including public parking” 0:33:32. They agreed to report at Town Meeting.
    • Article 18 (Earth Removal Bylaw): Recommended favorable action after clarifying language regarding Board appointments 0:39:03.
    • Article 19 (Wildlife Feeding Bylaw): Changed recommendation from favorable to “report at Town Meeting” due to new language 0:39:20. Town Administrator Fitzgerald confirmed the Animal Control Officer supports the amended language 0:40:03.
    • Article 21 (Plastics/Styrofoam Reduction): Changed recommendation to “report at Town Meeting” due to added language regarding styrofoam 0:40:33. Town Administrator Fitzgerald noted he would attend the Solid Waste Committee meeting to discuss it 0:41:16.
    • Article 22 (ADUs), 23 (Site Plan Special Permit), 24 (Hadley School Overlay), 26 (Rezoning A2 to A4): Board agreed to “report at Town Meeting” on these zoning articles, deferring recommendations [0:41:45, 0:42:17, 0:43:47, 0:44:53]. Planning Board Chair Angela Ippolito was present to answer questions 0:45:03. Article 24 language was amended to align with Article 12 regarding “associated accessory uses and public parking” 0:43:47.
    • Article 25 (Vinnin Square Mixed-Use Overlay): Member Spellios recused himself due to a potential conflict of interest involving prior business dealings and advisory conversations with an affected property owner 0:50:59. Planning Board Chair Ippolito provided a detailed explanation of the proposed B4 zoning changes, linking them to the need to revitalize the strip mall, align with MBTA Communities (3A) zoning goals, promote mixed-use development (retail/residential), and ensure sustainable development practices 0:52:38. She addressed questions regarding commercial tax base impact, residential unit potential, retail replacement requirements (75%), height limits (up to 7 stories with setbacks), and relationship to existing bank zoning [0:57:53 - 1:09:49]. The Board agreed to report at Town Meeting.
    • Article Reordering: Member Spellios conveyed a request from the Planning Board Chair to move zoning Articles 22-26 before general bylaw Articles 17-21, arguing zoning changes have a more substantive financial and community impact 0:49:23. The Board agreed to this reordering 0:51:54.
    • Articles 27 (National Grid Easement) & 28 (Saturday Holiday): FinCom recommendation was removed as these articles were deemed to have no financial implication 0:48:45. Board recommended favorable action on Article 28 0:48:28.
    • Article 29 (State Flag Change): Board agreed to report at Town Meeting 0:47:51.
  • Vote to Close Warrant: Member Fletcher moved, seconded by Member Phelan, to close the FY2024 Town Meeting Warrant 1:13:00. The motion passed unanimously 1:13:10. Town Counsel/Staff Kane confirmed the warrant would be posted online and sent to the Moderator the next day 1:13:25.

5. Consent Agenda: Member Grishman moved to approve the one-day liquor license for Bent Water Brewing’s event on July 15th (rain date July 16th) 1:14:03. The motion was seconded and passed unanimously 1:14:06.

6. Town Administrator’s Report: Town Administrator Sean Fitzgerald reported on 1:14:15:

  • Ongoing development of a Coyote Management Plan.
  • Coordination of Police and Fire Department hiring.
  • Successful Townwide Earth Day cleanup event (April 22nd) and upcoming Earth Day celebration (April 29th).
  • Upcoming Hawthorne Visioning Session (April 26th).
  • Health Department’s Narcan distribution program rollout.
  • Coordination of Memorial Day events.
  • He answered questions from Member Fletcher regarding Fire Department hiring exam dates and timelines 1:17:30 and from Member Phelan regarding the number of Fire Dept openings (two) and the promotion process 1:19:54.

7. Select Board Time:

  • Member Spellios encouraged residents to attend the Hawthorne Visioning Session on Wednesday, praising the creative materials prepared by the consultant HDR 1:20:33.
  • Farewell to Neal Duffy: As this was Chair Duffy’s last meeting, several members offered tributes:
    • Member Spellios spoke at length, praising Duffy’s dedication to sustainability, his thoughtful and hardworking nature on the board, his character, and the sacrifices made for public service, expressing gratitude for his contributions and friendship 1:21:54.
    • Member Grishman thanked Duffy for his service, accomplishments during his term (especially during COVID), and for teaching him about being a kind and empathetic board member 1:26:43.
    • Town Administrator Fitzgerald commended Duffy’s respectful manner, civility, dedication to making government better, and commitment to public service, particularly resiliency efforts 1:29:55.
    • Chair Duffy thanked his colleagues, past board members, Town Administrator Fitzgerald, town volunteers, and employees for their work, support, and friendship 1:28:17.
  • Member Phelan thanked town technical staff Ethan Runstadler and Nathan Kent for their work on the meeting broadcast 1:32:17.

8. Adjournment: A motion to adjourn was made, seconded, and passed unanimously 1:32:29.

Section 4: Executive Summary

This Swampscott Select Board meeting focused primarily on finalizing the Town Meeting warrant and addressing mooring fees, alongside marking the end of Chair Neal Duffy’s term.

Key Outcomes & Decisions:

  • Mooring Fee Increase Approved: The Board voted 4-1 to increase mooring fees for the first time since at least 2016. Residential fees rise from $3.50/ft to $5.50/ft, non-residential from $6.00/ft to $8.00/ft. New transient fees ($50/night, $35/short stay) were also approved 1:16:34. Significance: This impacts boat owners directly and aims to generate more revenue for harbor maintenance and potential future amenities, though concerns were raised about the value provided for the increased cost.
  • FY2024 Town Meeting Warrant Closed: The Board finalized the warrant articles for the upcoming Town Meeting and voted to close it for printing 1:13:10. Significance: This formally sets the agenda for Town Meeting, where voters will decide on the town’s budget, major capital projects, zoning changes, and other bylaws.
  • Major Zoning Articles Advanced: Several significant zoning proposals were included in the warrant and will go before Town Meeting, including articles related to Accessory Dwelling Units (ADUs) [Art. 22], Site Plan Special Permits [Art. 23], the Hadley School Overlay District [Art. 24], and a Mixed-Use Overlay for Vinnin Square [Art. 25]. The Board deferred recommendations on these, opting to “report at Town Meeting,” allowing for further discussion and public input. Planning Board Chair Angela Ippolito detailed the Vinnin Square proposal, emphasizing its goals of revitalizing the area, creating mixed-use development (retail/housing), and aligning with state MBTA Communities requirements 0:52:38. Significance: These articles represent potentially transformative changes to Swampscott’s development landscape, impacting housing options, commercial areas, and neighborhood character. The Vinnin Square proposal, in particular, aims to modernize a large commercial zone.
  • VFW Affordable Housing Project Discussed: Articles 10 (Acquisition) and 11 (Disposition) related to creating affordable housing at the VFW site generated discussion about ensuring preference for Swampscott residents, particularly veterans 0:25:04. Concerns were raised comparing it to the Michon project’s residency numbers. The Board committed to researching and pursuing the maximum allowable state preference but deferred a formal recommendation to Town Meeting 0:31:18. Significance: This project addresses the town’s need for affordable housing, but ensuring local benefit within state regulations remains a key point for Town Meeting consideration.
  • Zoning Articles Prioritized: Following a request relayed from the Planning Board Chair, the Select Board agreed to reorder the warrant, placing major zoning articles (former Art. 22-26) before other general bylaw changes (former Art. 17-21) 0:49:23. Significance: This procedural change reflects a view that zoning decisions carry significant financial and community weight and should be considered earlier in the Town Meeting proceedings.
  • Liquor License Approved: A one-day license for Bent Water Brewing’s beach event in July was approved via the consent agenda 1:14:06.
  • Chair Neal Duffy’s Departure: The meeting marked the end of Neal Duffy’s term on the Select Board. Colleagues and the Town Administrator offered extensive thanks and praise for his service, dedication, character, and focus on sustainability and resiliency [1:21:54 - 1:31:57]. Significance: Duffy’s departure concludes a three-year term, much of it during the challenging pandemic period, and represents a change in the Board’s composition heading into the town election and Town Meeting.

Other Updates: Town Administrator Sean Fitzgerald reported on coyote management planning, public safety hiring progress, successful Earth Day events, an upcoming Hawthorne property visioning session, a new Narcan distribution program, and Memorial Day planning 1:14:15.

Section 5: Analysis

This Select Board meeting transcript reveals a board grappling with policy decisions while finalizing the critical Town Meeting warrant under time pressure. Several dynamics are noteworthy:

  • Information Flow & Decision-Making: A recurring theme was frustration with the timing of information delivery. Member Phelan’s comments on the mooring fee data arriving just before the vote 1:14:48, echoed by Members Fletcher and Spellios [1:15:22, 1:15:27], highlight a process challenge. While the Board ultimately acted on the mooring fees, the expressed desire for more time and data suggests potential strain between administrative preparation and Board deliberation needs. This dynamic also influenced the decision to defer recommendations on numerous warrant articles, particularly complex zoning changes, allowing members more time for review and public input before Town Meeting.
  • Balancing Costs, Services, and Affordability: The mooring fee debate [0:04:05 - 1:16:34] exemplified the classic local government tension between user fees, cost recovery, service levels, and resident affordability. Member Grishman’s argument, rooted in resident feedback (Ted Dooley’s memo), emphasized the perceived lack of value (amenities) for the increased cost 0:08:45. Conversely, arguments from Member Fletcher and Town Administrator Fitzgerald focused on the long period without increases and the need for revenue to fund improvements [1:11:41, 0:09:56]. The 4-1 vote suggests a majority ultimately prioritized addressing the outdated fee structure and generating revenue.
  • Navigating State Regulations and Local Preference: The discussion around the VFW housing project (Articles 10 & 11) [0:25:04 - 0:33:17] showcased the Board’s efforts to maximize local benefit (Swampscott resident/veteran preference) within the constraints of state fair housing laws and funding requirements (DHCD). Member Phelan’s pointed questions about the Michon project’s outcomes demonstrated resident concern and skepticism. Member Spellios’ explanation of the state process and the eventual decision to add preference language while deferring a final recommendation reflect a cautious approach, aiming to satisfy local desires while ensuring compliance.
  • The Primacy of Zoning: The Board’s agreement to reorder the warrant, elevating zoning articles ahead of general bylaws 0:49:23, underscores the perceived importance of land use decisions. This move, initiated at the Planning Board Chair’s request, signals that these articles (ADUs, Hadley, Vinnin Square, etc.) are viewed as having significant, long-term financial and community impacts warranting prioritized attention at Town Meeting. Planning Board Chair Ippolito’s detailed presentation on the Vinnin Square proposal 0:52:38, arguing for its alignment with modern planning principles, sustainability, and state mandates (3A), further emphasized the strategic thinking behind these zoning initiatives. The Board’s decision to largely “report” rather than recommend on these complex articles suggests they anticipate considerable Town Meeting debate.
  • Board Dynamics & Tone: While disagreements existed (e.g., mooring fees), the overall tone appeared collegial. The recusal process by Member Spellios was handled transparently 0:50:59. The extensive and heartfelt farewell remarks for Chair Duffy [1:21:54 onwards] demonstrated mutual respect among Board members and the Town Administrator, concluding the meeting on a reflective and appreciative note despite the preceding workload. The meeting effectively transitioned from policy debate to finalizing the warrant and acknowledging a member’s departure.