2023-06-07: Select Board

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

Swampscott Select Board Meeting Review: June 7, 2023

Section 1: Agenda

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

  1. Call to Order & Pledge of Allegiance 0:00:11
  2. Update on King’s Beach (Presented by Town Administrator) 0:00:58
  3. Reading & Adoption of the Pride Month Proclamation 0:13:45
  4. Public Comments 0:25:27
    • Andrea (Resident) re: King’s Beach Transparency & Action 0:26:53
    • Mara Lau (Town Meeting Member) re: Town Meeting Process & Hadley School Decision 0:30:53
  5. Joint Meeting with Earth Removal Advisory Committee (ERAC) & Public Hearing re: Aggregate Industries Annual Earth Removal Permit 0:36:43
    • ERAC Chair Presentation & Recommendation 0:38:26
    • Select Board Discussion with ERAC 0:43:25
    • Input from Aggregate Industries Representatives & Counsel 0:47:44
    • Discussion on Permit Timing, Litigation Interplay, and Process Moving Forward 0:58:44
    • Vote to Continue Public Hearing to June 26th, 7:00 PM 1:34:01
  6. Historic Commission Update & Discussion 1:34:26
    • Presentation by Historic Commission Chair re: Pitman House (35 Pittman Rd) & General Glover House 1:35:19
    • Select Board Discussion re: Preservation Challenges & Potential Paths Forward 1:47:47
  7. Joint Meeting with Swampscott Retirement Board 2:09:13
    • Presentation by Retirement Board re: Proposed Additional 2% COLA 2:09:36
    • Select Board Discussion re: Financial Impact, Process, and Request for Finance Committee Input 2:20:42
    • Vote to Continue Discussion to June 26th Meeting 2:53:15
  8. Discussion & Update on Hadley School, Hawthorne by the Sea, and 12-24 Pine Street RFPs 2:54:07
  9. Election of Officers (Select Board Chair and Vice Chair) 3:00:45
  10. Approval of the Consent Agenda 3:02:47
    • Items Pulled: Entertainment License (Swampscott Yacht Club), Liquor License (One-Day, Paradiso Ristorante for event at Linscott Park) 3:03:11
    • Vote to Approve Consent Agenda (excluding pulled items) 3:03:55
    • Discussion and Tabling of Entertainment License (SYC) 3:04:15
    • Discussion and Approval of One-Day Liquor License (Paradiso/Linscott Park) with Conditions 3:07:47
  11. Town Administrator’s Report 3:15:59
    • Includes updates on Mental Health Resources, Mission on the Bay Wall Stabilization, Post-Town Meeting Follow-up, Budget Closeout, Capital Planning, Hawthorne Visioning, Recharters Meeting, Zoning Articles, Town Projects (Garage, School Roadways), Staffing (Asst. Town Clerk hire, Fire Admin Asst. posting), Council on Aging, Recreation Events (Harborfest, Juneteenth, Strawberry Fest), DPW activities, King’s Beach Meeting w/ Sec. Tepper, Memorial Day Recap, Police Hiring Update.
  12. Select Board Time 3:46:43
    • Comments on Rainbow Crosswalks 3:46:43
    • Follow-up Discussion on Mission on the Bay (Structural Integrity/Permitting) 3:49:59
    • Announcements (Rabies Clinic, Assessors Update) 3:57:19
    • Proposal for Charter Review & Community Preservation Act (CPA) Discussion 3:58:20
  13. Adjournment 4:00:13

Section 2: Speaking Attendees

Based on the transcript and knowledge of Swampscott roles:

  • David Eppley (Select Board Chair): [Speaker 6] - Opens meeting, leads pledge, manages agenda flow, elected Chair for upcoming year. Referenced by name 1:21:57.
  • Sean Fitzgerald (Town Administrator): [Speaker 2] - Provides King’s Beach update, discusses Pride event, gives TA report, answers questions on various topics (Mission on the Bay, police hiring, etc.). Referenced by name 21:01, 23:12, 25:13, 1:22:00, 2:00:43.
  • Peter Spellios (Select Board Member): [Speaker 1] - Actively participates in discussions (King’s Beach, Pride, Aggregate, Retirement, RFPs, Mission on the Bay, Police Hiring), raises legal/procedural points, makes motion for officers. Referenced by name 48:55, 55:45, 1:21:59.
  • Mary Ellen Fletcher (Select Board Member): [Speaker 4] - Asks questions/raises concerns on King’s Beach source elimination, Aggregate permit timing, Retirement COLA budget impact, police hiring timeline, pulls items from consent agenda. Referenced by name 13:11, 2:23:23, 2:59:18, 3:00:28.
  • Katie Phelan (Select Board Member / Vice Chair Elect): [Speaker 7] - Reads Pride Proclamation, asks questions on Retirement COLA eligibility, discusses Historic preservation database concept, comments on Rainbow Crosswalks, elected Vice Chair. Referenced by name 14:01, 3:02:27.
  • Doug Thompson (Select Board Member): [Speaker 13] - Asks clarifying questions (ERAC, Historic), supports Retirement COLA, comments on one-day permits, asks about police chief perspective. Referenced by name 2:57:58, 3:00:30.
  • Andrea (Resident / Save King’s Beach group): [Speaker 14] - Public commenter, identifies self and group affiliation, raises concerns about King’s Beach transparency and progress 0:26:53.
  • Mara Lau (Resident / Town Meeting Member): [Speaker 9] - Public commenter, identifies self and TMM status, expresses concerns about Town Meeting process and Hadley School decision 0:30:53.
  • Joe Markarian (Earth Removal Advisory Committee Chair): [Speaker 8] - Chairs ERAC segment, introduces members, presents permit recommendation. Identifies self by name 0:38:26.
  • Aaron Rosenberg (Aggregate Industries Litigation Counsel): [Speaker 12] - Represents Aggregate during ERAC segment, discusses litigation and settlement context. Identifies self by name 0:47:44.
  • Chris Drukis (Aggregate Industries Representative): [Speaker 15] - Represents Aggregate/Holcim, discusses company history, responds to questions about claims. Introduced by name 0:47:53, referenced 1:20:17.
  • Tony Banderwitz (ERAC Member): [Speaker 10] - Speaks during ERAC discussion clarifying permit details vs. litigation, suggests process. Named by Chair Markarian 0:38:46, context confirms role.
  • Gary Barden (ERAC Member): [Speaker 21] - Speaks during ERAC discussion about timing, dust studies, equipment shutdown. Named by Chair Markarian 0:38:46, context confirms role. Also provides Police Academy dates 3:38:58 (potentially anomalous context, but tag consistent).
  • Nancy Schultz (Historic Commission Chair): [Speaker 3] - Presents Historic Commission update on Pittman and Glover Houses. Identifies self by name 1:35:19.
  • Marcie Theolien (Director of Community Development - inferred): [Speaker 19] - Comments briefly during Pride discussion 0:25:24. Substantively discusses Affordable Housing Trust Fund involvement with Pittman House 1:57:34, suggesting Community Development role. Mentioned by name 2:55:53. Also recognized by Chair Eppley 2:02:03 as “Mr. Cello” during Historic discussion - likely a mishearing/mistranscription of Theolien.
  • Tom Driscoll (Retirement Board Chair): [Speaker 5] - Chairs Retirement Board segment, presents case for additional COLA. Identifies self by name 2:09:36.
  • Bob Powell (Retirement Board Member): [Speaker 11] - Presents financial details for Retirement Board COLA proposal. Introduced by name 2:15:44.
  • Amy Sarro (Director of Finance / Retirement Board Member): [Speaker 18] - Discusses budget impact of COLA, notes her dissenting vote on Retirement Board. Role confirmed by context and Chair Eppley’s question 2:20:42. Referenced by name 2:39:09.
  • Kevin Tierney (Retirement Board Member - inferred): [Speaker 16] - Clarifies financial numbers during Retirement Board discussion, mentions OPEB, funding schedule flexibility, comparisons. Likely Kevin Tierney based on long-standing role and expertise areas, though not explicitly named. Referenced by name 2:16:57.
  • Mary DiGiulio (Resident / Town Meeting Member): [Speaker 20] - Speaks after public comment period during Historic Commission discussion, identifies self and TMM status, suggests developer partnerships 2:02:14.
  • John Bandy (Retirement Board Member / Former Police Chief): [Speaker 17] - Speaks during Retirement Board discussion, provides context/history, emphasizes board’s work. Identifies self by name 2:50:50.
  • Select Board Member / Staff (Unspecified): [Speaker 22] - Makes brief procedural interjections, confirmations, or minor comments throughout the meeting where specific attribution isn’t clear.

Section 3: Meeting Minutes

1. Opening & Preliminary Items

  • Chair Eppley called the meeting to order and led the Pledge of Allegiance 0:00:11.
  • King’s Beach Update: Town Administrator Fitzgerald provided a comprehensive update on efforts to address King’s Beach water quality 1:06. He highlighted collaboration with Lynn officials (Mayor Nicholson, Lynn Water & Sewer), Congressman Moulton, and the state delegation (Sen. Crighton, Rep. Armini). He detailed the town’s significant past investments ($6M+ under EPA consent decree) and ongoing challenges with aging infrastructure. Fitzgerald emphasized the need for state and federal partnership, referencing a recent meeting with EEA Secretary Tepper 4:46. He presented the Kleinfelder feasibility study proposing a $20-25M UV radiation treatment system as a practical next step 5:53 and mentioned the advocacy of groups like Save the Harbor, Save the Bay 10:13. Member Spellios noted positive signs in DCR’s recent communications acknowledging their role 9:46. Member Fletcher requested a future public meeting on the topic and an update on source elimination efforts [10:43, 11:33]. Fitzgerald confirmed ongoing MS4 compliance and source elimination work, agreeing to a more detailed update in July 12:14. Member Spellios requested details on expenditures from the last $2M authorization and future funding tranches 13:11.
  • Pride Month Proclamation: At Member Spellios’s request 13:45, the Pride Month Proclamation reading was moved before public comment. Member Phelan read the proclamation 14:12, which affirmed Swampscott’s commitment to inclusivity and LGBTQ+ rights, referencing Stonewall, Matthew Shepard, and ongoing challenges. Chair Eppley and Member Spellios shared reflections on the recent Pride event held in inclement weather [17:16, 17:51]. Spellios highlighted the bravery of a local trans resident sharing their story, the presence of a drag queen (Madam Zapple) performing and conversing openly with the Town Administrator, framing these as acts of resistance against rising intolerance elsewhere. He praised Town Administrator Fitzgerald’s leadership in fostering a safe environment 19:06. Fitzgerald echoed the sentiments, emphasizing the need to counter hate with love and the town’s shared values 23:12.

2. Public Comment 0:25:27

  • Andrea (15 Sheridan Rd, Pct 4), representing the Save King’s Beach Facebook group, urged greater transparency regarding the beach’s condition (specifically Stacy’s Brook contamination 28:26), progress updates, and a shift from focusing on funding challenges to proactive contribution planning 26:53.
  • Mara Lau (Outlook Rd, Pct 3, TMM) expressed frustration with feeling unrecognized at Town Meeting when trying to speak on Articles 12 & 19 (related to Hadley School) 31:07. She voiced disappointment with the process leading to the potential boutique hotel use for Hadley, feeling it lacked sufficient public vetting and diverged from earlier discussions linking it to Hawthorne 33:17. She advocated for more consistency and equity in disseminating information and forming committees 35:43.

3. Joint Meeting: Earth Removal Advisory Committee (ERAC) & Aggregate Industries Permit Hearing 0:36:43

  • The Board voted to open the public hearing 39:14.
  • ERAC Chair Joe Markarian presented the committee’s recommendation for the FY24 Earth Removal Permit for Aggregate Industries (now Holcim NER) 38:26. He emphasized the committee’s thorough review process and cooperative relationship with Aggregate representatives 40:06. He noted that the recommended permit carries over provisions related to the ongoing litigation (primarily blasting parameters, Section 10 1:03:25), stating changes related to those issues are better addressed via settlement talks 41:18.
  • Member Spellios requested clarification that no settlement has been reached in the litigation 44:07 and expressed discomfort discussing the permit’s litigation-related aspects without town counsel and consultant Jay Perkins present 45:19. He requested ERAC review a recent email from Aggregate’s counsel 46:50.
  • Town Administrator Fitzgerald underscored that the permit is a regulatory matter concerning quality of life, separate from the litigation 44:32.
  • Aggregate Industries Litigation Counsel Aaron Rosenberg stated Aggregate is open to questions on non-litigation permit aspects and reiterated their interest in settlement discussions, referencing a proposal submitted in early 2022 [47:53, 49:43]. Member Spellios objected to discussing settlement details in a public hearing without town counsel, characterizing it as posturing [49:19, 56:19]. Rosenberg maintained their right to address the board and noted prior communications indicating the town intended to respond 55:45.
  • Town Administrator Fitzgerald asked Aggregate representatives about recent gross sales and tonnage crushed; they declined to answer immediately but agreed to consider written requests 50:39. Member Spellios asked Aggregate Representative Chris Drukis about the company’s ownership history 52:52 and the number of property damage claims paid to Swampscott residents since ~2008 54:00. Drukis estimated “almost none,” attributing payouts to the blaster’s insurance 54:17. Spellios challenged the credibility of near-zero acknowledged harm over decades of blasting [54:48, 1:22:58].
  • A significant discussion occurred regarding the process and timeline for permit approval, given the June 30th expiration 58:44. ERAC members Banderwitz and Barden highlighted specific permit improvements unrelated to litigation [58:57, 1:03:25] and the need for timely action, particularly concerning upcoming dust studies planned around equipment upgrades in August 1:09:13.
  • Town Administrator Fitzgerald suggested a 60-90 day extension to allow for thorough review by counsel, the consultant, and potentially settlement talks 1:06:32. ERAC Member Banderwitz urged a clear timeline if extended 1:07:42. After debate on length (30 vs 60 vs 90 days), Member Spellios noted the need to continue the hearing to a specific date to avoid re-noticing issues and suggested continuing to the next meeting (June 21st initially) without yet extending the permit, allowing time to consult counsel on process 1:16:33.
  • Due to Chair Eppley’s conflict on the 21st, the Board agreed to reschedule their next meeting and continue the public hearing to Monday, June 26th at 7:00 PM [1:19:18, 1:34:01].
  • Aggregate Representative Drukis commended ERAC’s work and offered quarry tours for new board members 1:20:18.
  • Member Spellios reiterated deep concerns about the historical lack of accountability for resident damages allegedly caused by the quarry, linking it to the community’s distrust and the stringency of permit conditions currently under appeal 1:22:58. ERAC Member Banderwitz noted permit sections addressing pre-surveys and complaints aim to improve this process 1:30:26. Spellios argued that without a credible accountability system, relaxing blasting standards (a likely component of settlement) is difficult to entertain 1:31:39.
  • Member Fletcher requested an executive session with ERAC and counsel “as soon as possible” to discuss litigation strategy 1:33:26. Town staff will coordinate scheduling.
  • The Board voted unanimously to continue the public hearing to June 26th, 7:00 PM 1:34:17.

4. Historic Commission Update 1:34:26

  • Historic Commission Chair Nancy Schultz presented updates on two properties 1:35:19.
    • 35 Pittman Road (Pittman House): The Commission seeks to relocate the original 1800s portion of the house (home of town founder Samuel C. Pittman) to 7 Hillside Ave for rehabilitation as affordable housing in partnership with Habitat for Humanity 1:35:19. The primary obstacle is time: the house is scheduled for demolition by Wynn Properties starting August 1st 1:39:07. Site control only transferred in April, leaving insufficient time for the 15-18 month “Friendly 40B” permitting process Habitat requires for the proposed 4-unit project on the non-conforming Hillside lot [1:39:07, 1:48:26]. Discussion explored potential interim solutions or alternative permitting paths, but the complexity (lot ownership, funding, zoning constraints beyond 40B) was noted [1:49:34 - 1:55:11]. Town Administrator Fitzgerald sought Board direction to explore feasibility with stakeholders 1:56:16. Director Theolien noted AHTF support 1:57:34. Member Spellios suggested focusing immediate efforts on securing funding and a temporary relocation site to “save it for another day” 1:58:34.
    • General Glover House (Vinnin Square): The Commission submitted a proposal to developer Leggett McCall urging preservation of the original 1750s house and ell in place by altering the design of “Building 1” by ~70 feet 1:40:20. Schultz highlighted potential benefits for the Vinnin Square revitalization and connections to Revolution 250 commemorations, noting partnerships formed [1:43:09, 1:44:35]. Board members expressed support for preservation efforts. Town Administrator Fitzgerald confirmed working with Chair Schultz to facilitate upcoming meetings with the developer; several Select Board members offered to attend 2:06:28. Chair Eppley inquired about impacts on town lines/unit distribution; Chair Schultz explained the site’s location at the Swampscott/Marblehead/Salem border and complexities of moving vs. adjusting buildings 2:07:11.
  • Resident Mary DiGiulio suggested engaging the developers (Wynn, Leggett McCall) as partners, potentially seeking “goodwill funding” 2:02:14.
  • Member Phelan advocated for creating a proactive database of historic properties to preserve, allowing leverage before development approvals 2:03:46. Town Administrator Fitzgerald supported this, referencing Salem’s use of ARPA funds for right-of-first-refusal strategies 2:05:08.

5. Joint Meeting: Swampscott Retirement Board 2:09:13

  • Retirement Board Chair Tom Driscoll presented the Board’s 4-1 recommendation to grant an additional 2% COLA for FY24 (total 5%), citing high inflation and parity with state retirees and Social Security recipients in town 2:09:36. He emphasized the Board’s fiduciary duty and experience. He noted the legislative change allowing the Select Board, not Town Meeting, to approve this 2:10:39.
  • Retirement Board Member Bob Powell presented financial details 2:15:48: over 60 (possibly 80) communities adopted the extra COLA; the impact on Swampscott’s unfunded liability is estimated at $535K (today’s value), with the actual budget contribution increase ($860K) not hitting until FY2031 2:16:58. He detailed the impact on retirees, noting 64 of 248 receive under $14K/year 2:17:48.
  • Director of Finance/Retirement Board Member Amy Sarro confirmed she was the dissenting vote, initially citing near-term budget impact but correcting (after checking notes) that the impact is projected only for FY2031 [2:21:09, 2:25:34]. She reiterated concerns about fitting the long-term cost within financial policies and Prop 2.5 constraints.
  • Member Fletcher asked about rising health insurance costs as another pressure on retirees and the town budget; Dir. Sarro confirmed recent annual increases of 4.6%-8% 2:23:30.
  • Member Spellios expressed fundamental discomfort with the legislative process shifting this significant financial decision ($535K/$860K impact) solely to the Select Board, bypassing Town Meeting and, effectively, the Finance Committee’s typical advisory role 2:29:18. He argued against relying on extending the funding schedule (currently 2031, extendable to 2040) as a “relief valve” for discretionary spending increases 2:31:22. He requested tabling the decision to formally seek FinCom’s opinion 2:32:21.
  • Member Phelan echoed the desire for FinCom input, noting Dir. Sarro’s dissent as a point of caution regarding the overall town budget perspective 2:35:28. She also stated that while comparisons to other towns provide context, Swampscott should make decisions based on its own strong financial standing and policies [2:36:33, 2:49:33].
  • Retirement Board members Driscoll, Powell, Tierney, and Bandy argued for the COLA based on retiree need, the system’s strong performance, the relatively small individual impact ($280/yr max), the availability of tools (like extending the schedule) to manage the future cost, and the time sensitivity (decision needed before June 30) [2:25:56, 2:33:07, 2:42:34, 2:50:50].
  • Town Administrator Fitzgerald acknowledged retiree needs but stressed the existing $6.3M retirement appropriation’s pressure on other essential town services (schools, seniors, infrastructure) and pleaded for the Retirement Board to consider actions (like extending the schedule) to mitigate budget impacts, referencing a past unsuccessful request 2:38:58.
  • Member Fletcher, liaison to the Retirement Board, defended the Board’s diligence while supporting the need for FinCom input 2:42:02.
  • The Board voted (likely 4-1, with Thompson in support initially 2:22:30) to continue the discussion to the June 26th meeting, requesting Finance Committee input in the interim 2:53:15.

6. RFP Updates 2:54:07

  • Member Spellios provided updates:
    • 12-24 Pine Street: Environmental/geotechnical testing is complete; lab results expected soon. A draft RFP is with town counsel and expected for first reading/public discussion at the June 26th meeting 2:54:25. Closing date remains July 17th.
    • Hadley School: The town is soliciting proposals for a consultant to assist with drafting an RFP consistent with Town Meeting’s vote and zoning. The goal is to issue the RFP before summer’s end to allow some site tours in August before school starts 2:56:21.
    • Hawthorne by the Sea: Results from the Town Meeting Member sentiment questionnaire (developed by Spellios/Thompson) will be posted online 2:57:58. Spellios noted the questionnaire received criticism from both pro- and anti-open space advocates, suggesting it achieved balance. 205 TMMs responded after verification by the Moderator 2:58:56.

7. Election of Officers 3:00:45

  • Member Spellios nominated David Eppley for Chair and Katie Phelan for Vice Chair, praising Eppley’s seamless transition into the Chair role post-election and pre-Town Meeting 3:01:06.
  • The motion was seconded by Chair Eppley (?) and passed unanimously (or without stated opposition) [3:02:28, 3:02:37].

8. Consent Agenda 3:02:47

  • Member Fletcher requested removal of the Swampscott Yacht Club (SYC) Entertainment License and the Paradiso Ristorante One-Day Liquor License 3:03:11.
  • The Board voted to approve the remaining consent agenda items (meeting minutes) 3:03:55.
  • SYC Entertainment License: Discussion revealed discrepancies between two versions of the application form in the packet, including differing checkboxes related to types of entertainment 3:05:37. Member Spellios noted alarming/antiquated language on the form regarding performer conduct 3:06:31. The Board voted to table the item pending clarification and review of the application form/process [3:05:54, 3:07:00].
  • Paradiso One-Day Liquor License (Linscott Park event, June 23): Member Fletcher raised concerns about serving alcohol in an open public park, liability, and monitoring 3:07:47. Discussion centered on the lack of a defined premises plan and standard controls (fencing, wristbands) typically used for town-sponsored events or licensed establishments 3:09:04. Members noted the need for a clear policy on private events using public spaces for alcohol service 3:14:15. Despite discomfort expressed by Fletcher 3:13:33 and Spellios 3:09:46, the Board voted to approve the license with conditions: requiring wristbands for service and ensuring a police detail is present, emphasizing risk management 3:15:15.

9. Town Administrator’s Report 3:15:59

  • Town Administrator Fitzgerald provided updates including: mental health resources website link; Mission on the Bay wall stabilization progress (awaiting occupancy permit 3:16:22); post-Town Meeting follow-up; FY23 budget closeout; initiating FY25 capital planning; planned water/sewer update; Hawthorne visioning outreach; meeting with Recharters; zoning articles sent to AG; Town Hall garage repairs; new school steel ceremony & roadway meeting; Assistant Town Clerk hired (Michael Brisson); Fire Admin Asst. position posted; staff evaluations ongoing; COA staffing/service pressures; numerous Recreation events (Harborfest, Juneteenth, Strawberry Fest); DPW work (tree planting, geraniums); King’s Beach meeting recap; Memorial Day thanks; congratulating Gen. Andrea Gail Bennett on state appointment 3:23:11.
  • Police Hiring Update: Fitzgerald detailed the timeline since December 2022 3:25:30. 65 applied, 38 passed written test, 20 took the physical agility test (PAT), 13 passed. Oral boards and background checks were conducted. A conflict with a state Civil Service test required scheduling a second PAT date, delaying final interviews for some candidates 3:28:20. He expressed frustration with the lengthy process and suggested revisiting the hiring policy negotiated post-Civil Service exit, acknowledging national hiring challenges 3:26:33. Member Fletcher voiced strong concern about the delay and risk of losing candidates 3:27:51. Member Spellios worried more about finding good candidates, questioning why only 20/38 passed applicants took the PAT, and stressed the importance of vetting for such critical roles [3:28:20, 3:29:28]. Fitzgerald confirmed one candidate recommendation has been received from the first group; others await completion of the second group’s process. He agreed the process needs improvement and will work with the Chief 3:40:08. Discussion also touched on the parallel process for promoting sergeants/lieutenants, also involving assessment centers and interviews 3:37:03.

10. Select Board Time 3:46:43

  • Member Phelan praised the recently painted rainbow crosswalks as visible symbols of inclusivity and appreciation 3:46:43. Town Administrator Fitzgerald thanked the DPW for their work implementing the idea, intended to spark conversation 3:48:18.
  • Member Spellios raised serious concerns about the imminent reopening of Mission on the Bay 3:49:59. He questioned the structural soundness of the existing, untouched portions of the seawall, citing a recent DEP letter indicating the original construction lacked necessary Chapter 91 permits which would have assessed the wall 3:50:10. He strongly urged that reopening be contingent on receiving a PE-stamped certification for the entire wall’s stability, not just the repaired section, and clarity on the timeline for a permanent repair solution 3:51:20. Fitzgerald stated he expects the engineer’s letter tomorrow and has been clear with the owner about the temporary nature of the riprap and the need for a permanent plan and state approvals 3:53:28.
  • Member Fletcher announced the rabies clinic (June 8th, 4-6 PM at DPW) and reported Assessors completed abatements and are implementing new software/neighborhood reviews 3:57:19.
  • Chair Eppley proposed future agenda items: forming a Charter Review Committee (last reviewed 2016) and discussing the Community Preservation Act (CPA) to create funding streams for affordable housing, historic preservation, and open space 3:58:20.

11. Adjournment

  • The Board voted to adjourn 4:00:13.

Section 4: Executive Summary

This Swampscott Select Board meeting addressed several critical issues facing the town, including environmental challenges, development pressures, town finances, and community values.

Environmental Focus: King’s Beach & Quarry Operations Significant discussion centered on the ongoing pollution at King’s Beach. Town Administrator Sean Fitzgerald detailed intensive collaboration with Lynn officials, state legislators, and federal partners to secure funding and technical solutions, highlighting a recent meeting with the state’s Environmental Affairs Secretary 4:46. A $20-25 million UV treatment facility is proposed based on engineering studies 5:53, but securing funding remains the major hurdle. Residents, via public comment from Andrea of the Save King’s Beach group, pressed for greater transparency and urgency 26:53. Separately, the annual Earth Removal Permit for the Aggregate Industries quarry sparked debate. While ERAC recommended approval with minor changes 38:26, Member Peter Spellios forcefully questioned the decades-long lack of compensation for resident damages attributed to blasting 1:22:58, linking this accountability gap to the ongoing litigation over stricter blasting limits imposed previously by the Board. The public hearing on the permit was continued to June 26th to allow for legal review 1:34:01.

Development, Preservation, and Housing The Historic Commission presented urgent challenges regarding two historic properties. The Pittman House (35 Pittman Rd), linked to Swampscott’s founding, faces demolition in August 1:39:07. A plan with Habitat for Humanity to relocate it for affordable housing is stalled by permitting timelines for the necessary 40B project 1:48:26. The Board directed staff to explore feasibility options 1:56:16. For the General Glover House at Vinnin Square, the Commission urged developer Leggett McCall to preserve the 1750s structure in place by modifying their building design 1:40:20, leveraging its significance for Vinnin Square revitalization and upcoming Revolution 250 events. Updates were also given on RFPs: environmental due diligence continues for the 12-24 Pine St property, with a draft RFP expected June 26th 2:54:25; the town is hiring a consultant to draft the Hadley School RFP 2:56:21; and results from a Town Meeting Member survey on Hawthorne use will be posted 2:57:58.

Town Finances and Operations A major discussion involved a proposal from the Swampscott Retirement Board for an additional 2% Cost of Living Adjustment (COLA) for retirees in FY24 2:09:36. Citing inflation and parity with other groups, the Retirement Board (voting 4-1) recommended approval. However, concerns were raised by Finance Director Amy Sarro (the dissenting vote 2:21:09), Member Spellios, and Member Phelan about the long-term financial impact ($860K added liability in 2031 2:16:58) and the unusual process allowing the Select Board sole approval authority 2:29:18. The Board voted to seek input from the Finance Committee before deciding on June 26th 2:53:15. The Town Administrator’s report covered numerous operational items, including progress stabilizing the damaged seawall at Mission on the Bay 3:16:22 (though Member Spellios later raised significant safety concerns about the existing wall’s integrity 3:49:59) and significant delays and frustrations with the current police hiring process 3:24:13.

Community Values and Governance The meeting began with a reaffirmation of Swampscott’s commitment to inclusivity through the reading of the Pride Month Proclamation 14:12 and heartfelt reflections on the recent community Pride event, emphasizing safety and acceptance 17:16. Member Katie Phelan later celebrated the new rainbow crosswalks as important daily symbols 3:46:43. Governance issues surfaced during public comment regarding Town Meeting accessibility 30:53 and later with Chair David Eppley’s proposal to initiate Charter Review and explore adopting the Community Preservation Act (CPA) 3:58:20. The Board also elected David Eppley as Chair and Katie Phelan as Vice Chair for the upcoming year 3:01:06.

Key Decisions:

  • Continued the Aggregate Industries Earth Removal Permit public hearing to June 26th.
  • Continued discussion on the proposed additional 2% Retiree COLA to June 26th, pending Finance Committee input.
  • Elected David Eppley as Chair and Katie Phelan as Vice Chair.
  • Approved a one-day liquor license for an event at Linscott Park with conditions (wristbands, police detail).
  • Tabled the Swampscott Yacht Club entertainment license application pending clarification.

Section 5: Analysis

This Select Board meeting showcased a local government grappling with complex, resource-intensive issues while navigating procedural intricacies, community expectations, and the weight of past decisions. Several key dynamics emerged, grounded strictly in the transcript:

  1. Tension Between Aspiration and Resources: The discussions on King’s Beach cleanup, historic preservation (Pittman/Glover), and the Retirement COLA all highlighted a recurring theme: laudable goals facing significant financial and logistical hurdles. Town Administrator Fitzgerald effectively framed King’s Beach as requiring major state/federal aid 1:06, while the Pittman House situation demonstrated how even well-intentioned preservation efforts can founder on timelines and permitting complexity 1:39:07. The COLA debate starkly pitted immediate retiree needs against long-term unfunded liabilities and pressure on the operating budget [2:21:09, 2:38:58], exposing the difficult trade-offs inherent in municipal finance.

  2. Process vs. Outcome Concerns: Multiple discussions revealed frustration with established processes. Mara Lau’s public comment 30:53 reflected resident dissatisfaction with perceived shortcomings in Town Meeting engagement and decision-making transparency around the Hadley School. The lengthy and seemingly cumbersome police hiring process drew sharp criticism from both board members (Fletcher 3:27:51, Spellios 3:29:28) and the Town Administrator 3:26:33, suggesting the post-Civil Service system needs re-evaluation for efficiency and effectiveness in attracting qualified candidates. Member Spellios’s critique of the legislature granting the Select Board sole authority on the significant COLA vote 2:29:18 underscored a concern about circumventing traditional checks and balances (FinCom/Town Meeting) for expediency.

  3. The Weight of History in Current Disputes: The Aggregate Industries permit discussion was heavily influenced by historical context. Member Spellios’s passionate argument [1:22:58, 1:31:39] centered on the perceived decades-long failure of existing processes to provide adequate redress for resident damages, framing it as a fundamental breakdown of trust that justifies the stricter (and currently litigated) permit conditions imposed previously. This historical grievance appeared to be a significant barrier to readily accepting ERAC’s more incremental approach 40:06 or entertaining settlement talks that might relax those conditions without a demonstrably improved accountability mechanism. Similarly, the push to preserve the Pittman and Glover houses derived its urgency from their connection to Swampscott’s origins and revolutionary history [1:35:19, 1:40:20].

  4. Leadership and Advocacy: Town Administrator Fitzgerald demonstrated proactive leadership on King’s Beach, positioning the town effectively in high-level intergovernmental discussions 1:06. His visible engagement and personal comfort during the Pride event, as described by Member Spellios 19:06 and affirmed by Fitzgerald himself 23:12, appeared crucial in fostering an atmosphere of safety and inclusion. Historic Commission Chair Schultz presented a compelling, though challenging, case for preservation 1:35:19. Member Spellios acted as a prominent voice questioning process, demanding accountability (Aggregate, police hiring), and linking local actions to broader principles (Pride, fiscal responsibility).

  5. Navigating Legal Constraints: The Aggregate Industries permit renewal was significantly constrained by the ongoing federal litigation. Both ERAC Chair Markarian 41:18 and Aggregate Counsel Rosenberg 47:53 explicitly noted limitations on discussing contested permit terms (blasting) outside of settlement negotiations. This legal overlay forced the Board to compartmentalize its review and defer substantive decisions on key aspects, leading to the necessary continuation of the hearing 1:34:01. Member Spellios’s caution about inadvertently affecting the town’s legal position [45:19, 58:43] further highlighted this constraint.

  6. Public Engagement and Transparency: While the meeting included public comment, Andrea’s remarks on King’s Beach 26:53 suggested a potential disconnect between official updates and resident perception regarding transparency and the pace of action. The decision to seek FinCom input on the COLA 2:53:15, despite the Retirement Board’s recommendation and the Select Board’s authority, reflected a sensitivity (particularly from Spellios and Phelan) to broader fiscal oversight and potentially avoiding the appearance of a decision made without wider financial review, even if not strictly required by the new legislation.

Overall, the transcript depicts a Select Board actively engaged with multifaceted issues, attempting to balance competing priorities – environmental remediation, development, fiscal prudence, historical preservation, and social equity – often within complex procedural and legal frameworks. The effectiveness of their actions will depend on successful navigation of funding challenges, inter-agency cooperation, potential process reforms (hiring), and continued community engagement.