Swampscott Select Board Meeting Review: August 16, 2023

1. Agenda

Based on the transcript, the likely agenda items discussed in order were:

1. Call to Order & Pledge of Allegiance 0:18
2. Town Administrator’s Report 1:09
   • Kings Beach Update (DEP/EPA discussions, Outfall vs. UV treatment, timeline)
   • 10 New Ocean St / VA Meeting Update
   • Senior Center Luau Recap
   • Walk to School Event Planning (Oct 4)
   • Vinnin Square Design Guidelines Meeting (Aug 29)
   • Police Back-to-School Safety Prep
   • Library Update (Teen Room, Expanded Hours, Staffing)
   • Fire Department New Hire (Margaret Weil)
   • Finance Team Updates (FY23 closing, FY25 CIP/Budget prep, Town Report)
   • Police/Fire Promotions (Lloyd, Doyle, Lozano, LeBlanc)
   • DPW Updates (Paving, Kings Beach Raking, MassDOT Light Sync, Cemetery Maintenance)
   • New Elementary School Update (National Grid Incentive, State Earmark)
   • Senior Center Kitchen Rebid Update (via Max Kasper) 14:43
   • Police Candidate Update (via Chief Cassata) 15:25
   • Summer Block Party Recap
   • Mission C Wall Update
   • Narcan Training
   • Town Clerk Updates (Voter List, Annual Report Notices)
3. Public Comment 19:19
   • Comments from Mara Lau (Newsletter, Kings Beach info, Walker Rd safety, public comment policy, handbook accountability)
4. New and Old Business
   • Traffic & Pedestrian Safety Update & Discussion 22:27
   • Discussion & Presentation on the Community Preservation Act (CPA) 55:35
   • Discussion & Possible Vote on the Pittman House 1:10:45
   • Discussion of Board & Committee Handbook, Select Board Handbook & Code of Conduct Handbook 1:43:28
   • Discussion of Select Board 2023 (Fiscal Year 2024) Goals 1:48:24
5. Votes of the Board
   • Approval of Consent Agenda (Minutes of August 2, 2023) 2:19:24
6. Select Board Time 2:19:51
   • Comments and updates from board members.
7. Adjournment 2:27:03

2. Speaking Attendees

• David Eppley (Select Board Chair): [Speaker 4]
• Sean Fitzgerald (Town Administrator): [Speaker 1]
• MaryEllen Fletcher (Select Board Member): [Speaker 7]
• Max Kasper (Facilities Director): [Speaker 12]
• Joseph Cassata (Police Chief): [Speaker 5]
• Katie Phelan (Select Board Member): [Speaker 6]
• Peter Spellios (Select Board Member): [Speaker 3]
• Mara Lau (Resident / Town Meeting Member, Precinct 3): [Speaker 10]
• Gino Cresta (DPW Director): [Speaker 11]
• Pete Kane (Assistant Town Administrator): [Speaker 9]
• Doug Thompson (Select Board Member): [Speaker 2]
• Nancy Schultz (Historic Commission Chair): [Speaker 8]
• Meeting Attendee (Identity Unclear): [Speaker 13]
• Select Board Member (unidentified): [Speaker 14]

3. Meeting Minutes

Call to Order: Chair David Eppley called the meeting to order at 0:18, noting Member Doug Thompson was joining virtually. The Pledge of Allegiance followed.

Town Administrator’s Report: Town Administrator (TA) Sean Fitzgerald presented a detailed report 1:09. Key updates included:

• Kings Beach: Ongoing multi-agency discussions focus on remediation. MA DEP favors an outfall pipe, citing UV system maintenance costs, while stakeholders (Swampscott, Lynn, EPA) are concerned about the potentially longer permitting timeline for an outfall versus UV treatment (goal: 24-36 months). A letter advocating for expedited outfall permitting concurrent with UV testing is planned [1:09 - 3:00].
• Projects & Planning: Meetings held regarding 10 New Ocean St/VA involvement 3:23; Vinnin Square design guidelines meeting scheduled for Aug 29 4:28; Walk to School event planned for Oct 4 4:16.
• Staffing & Operations: New Fire Dept Admin Assistant hired 6:10; Police/Fire promotions announced (Sgts. Lloyd, Doyle; Capt. Lozano; Lt. LeBlanc) 7:05; Library expanding hours Sept 9 5:50; Finance team working on FY23 closeout and FY25 budget/CIP 6:38.
• Infrastructure/Facilities: DPW completed Phase 2 paving, continues Kings Beach raking, working with MassDOT on Rt 1A light synchronization 8:16; Concerns about cemetery maintenance acknowledged and being addressed 8:56; New school received $1.6M National Grid incentive and over $4M state earmark 9:18; Senior Center kitchen project rebid is out, bids due next week (per Facilities Director Max Kasper 14:57); Mission C wall repair permit application progressing 11:50.
• Community/Safety: Successful summer block party recap 11:13; Police preparing for back-to-school traffic/pedestrian safety initiatives 4:41; Narcan training planned for employees 12:15.
• Board Questions: Member Fletcher inquired about school funding clarification ($4M+ state earmark confirmed), Senior Center kitchen timeline (rebid due next week), and police hiring status (Chief Cassata reported recommendations imminent 15:53, academy slots available Oct 16:55). Member Phelan suggested PTO involvement for Walk to School and adding bike safety to police awareness efforts 17:30; Chief Cassata confirmed bike safety grant funding ($10.4K) and plans 18:52.

Public Comment: 19:19 Mara Lau (Precinct 3 Town Meeting Member) offered comments 19:36: praised the town newsletter but suggested better front-page placement and improved visibility for Kings Beach updates; raised a safety concern about visibility obstruction from vegetation at Walker Road/Paradise Road intersection; expressed disappointment that public comment was skipped at a recent meeting; and advocated for stronger accountability within the Select Board and at Town Meeting, referencing the handbook review later on the agenda.

Traffic & Pedestrian Safety Update: 22:27

• Member Spellios requested focusing on new information due to prior extensive discussions 22:50.
• TA Fitzgerald introduced the presentation team (Chief Cassata, Chief Archer (not present), Asst. TA Kane, DPW Dir. Cresta, CED Dir. Golaska (not present)) 23:29.
• Chief Cassata emphasized a team approach and the “three pillars”: Education, Infrastructure, and Enforcement 25:09. He noted persistent community concerns about safety despite a decrease in reportable accidents (133 in 2022 vs 166 in 2021) 31:26. He detailed educational efforts (grants, PSAs, speed boards) and upcoming use of Risk Terrain Modeling software 32:05.
• DPW Director Cresta discussed infrastructure changes (flashing beacons, temporary speed bumps) and the engagement of Beta Group for determining permanent traffic calming elements (types, spacing) [30:38, 33:36].
• Assistant TA Kane outlined the timeline: Beta concept plans late Aug/early Sept; internal review/Board update; final plans/costs late Sept; potential Board votes; construction bid/award late Oct; construction mid-Nov (weather permitting) 34:16. A formal Traffic Calming Policy is being developed for Board review/approval to standardize response to safety concerns 36:16.
• TA Fitzgerald stressed a move beyond incrementalism towards an institutional, annually funded commitment to safety integrated into capital planning (e.g., paving) 37:41. He noted available grants (Complete Streets, Chapter 90) 39:36.
• Board Discussion: Member Thompson praised the multi-faceted team approach and urgency 41:55. Member Phelan asked about the vacant Traffic Advisory Committee’s role (policy can adapt with/without it 43:21, but TA Fitzgerald stated the committee’s help is needed ideally 43:40); status of Town Planner hiring (actively recruiting, challenging market 47:14); and suggested adding distracted driving education 48:35. Member Fletcher questioned grant fund usage timelines (ongoing annual process 49:43); raised concerns about speed element impacts on homes 50:28 (staff noted Beta Group engineering addresses this); expressed skepticism about education focus vs. enforcement, requesting ticketing/warning data 51:04 (Chief Cassata provided citation stats showing increase 2021-2022 but argued behavior isn’t changing on key streets 51:30); and relayed vendor complaints about lack of Humphrey St parking enforcement 54:04 (Chief Cassata contested this, citing recent ticketing and offered to provide data 54:29). The discussion highlighted differing views on the primary drivers of traffic issues and the most effective solutions.

Community Preservation Act (CPA) Presentation: 55:35 TA Fitzgerald presented on the CPA 55:36, describing it as a smart growth tool allowing towns to adopt a surcharge (up to 3% on property tax bills, with potential exemptions like the first $100K value) to create a local fund matched by the state. Funds must be used for Open Space/Recreation, Historic Preservation, and Community Housing. He strongly advocated for adoption, noting Swampscott is missing out on significant state funds (195 MA municipalities have adopted, raising $3.15B statewide) and has unmet needs in all three areas [1:02:46, 1:07:31]. He cited Swampscott’s improved financial discipline as enabling this conversation now 1:07:40. Member Fletcher requested examples of CPA fund generation/use in comparable towns 1:09:39. Chair Eppley explicitly linked CPA potential to affordable housing needs and the Pittman House discussion [1:02:48, 1:10:45].

Pittman House Discussion: 1:10:45 Historic Commission Chair Nancy Schultz 1:11:10 and Member Doug Thompson 1:15:59 presented on the effort to save the c.1800 Samuel Pittman House from demolition (deadline Sept 15). The plan involves relocating the historic portion to 7 Hillside Ave (town-owned parcel optioned by Habitat for Humanity) and potentially developing affordable housing. Key challenges identified: tight timeline, need for zoning relief for the Hillside lot, securing funding (est. $200K+ for move/stabilization via Affordable Housing Trust (AHT) funds), and transferring Habitat’s option. A potential motion sought general Select Board “support” for the effort 1:20:17.

• Board Discussion: Significant discussion centered on the financial risks and the propriety of directing the independent AHT. Member Fletcher asked for clarification on “support” 1:20:25. Member Phelan questioned AHT fund recovery time 1:21:05 and potential conflicts between preservation/affordability goals if funds are tight 1:25:56. Chair Eppley asked about contingencies 1:21:59. Member Spellios expressed strong reservations about the Select Board directing the AHT, noting the project would consume nearly all AHT funds before key approvals (zoning) or development partners are secured; he stated he would abstain from any vote perceived as directing AHT [1:26:26, 1:36:41]. Chair Eppley echoed support for the concept but reluctance to direct AHT funds 1:28:21. Member Fletcher expressed strong support for the AHT pursuing the project 1:34:08. Member Thompson clarified the intent was not a directive vote 1:37:47. Procedural hurdles like the ZBA timeline (requiring notice/hearings/appeal period, making Sept 15 challenging 1:39:17) and the infeasibility of temporary siting 1:40:27 were discussed. Ultimately, no formal motion was made, with Member Thompson acknowledging the expressed support and the ongoing search for solutions 1:41:44. The dynamic showed the Board wrestling with aspirational goals versus financial/procedural constraints and respecting AHT autonomy.

Board Handbooks Discussion: 1:43:28 Chair Eppley initiated discussion on reviewing the Board/Committee Handbooks and Code of Conduct, citing former Member Tickham’s work 1:43:28. Members Fletcher 1:45:07 and Phelan 1:45:47 noted they needed more specific direction for review. Member Spellios stressed the importance of annual review/approval by the current Board and the need for all members to sign, emphasizing accountability for behavioral standards 1:46:20. Member Fletcher suggested future discussion should include enforcement of behavioral rules 1:47:53. The Board agreed to table the item for members to review and discuss specifics at the first September meeting 1:48:03.

Select Board Goals Discussion: 1:48:24 Chair Eppley introduced the discussion for FY24 goals 1:48:24.

• Members shared priorities: Spellios renewed prior goals (fiscal guidelines, Hadley/Hawthorne reuse, Housing Authority funding) 1:50:04. Phelan added goals (Community All-Ages Center, DEI Consultant/Initiatives, Business Newsletter) 1:50:56. Fletcher listed goals (Staffing levels/hiring transparency esp. Planner/PD, ARPA clarity, Fiscal Discipline/2% budget) 1:54:07. Thompson presented overarching themes (Fiscal Discipline, Econ Dev Strategy/Tax Base, ARPA, Affordability/Housing, Climate Change Integration) and suggested a need for integrated strategic planning/prioritization 1:56:44. Eppley emphasized goals (Kings Beach cleanup, Public Housing improvement, CPA adoption esp. for affordable housing) 2:01:42.
• Discussion followed on process: Spellios contextualized individual goals within existing town plans (Master Plan, etc.) and Open Meeting Law constraints, explaining the purpose of listing individual goals is disclosure/avoiding cross-purposes 2:03:07. Eppley framed goals as accountability to the public 2:09:48. Thompson sought clarity on next steps for integration and measuring success [2:05:55, 2:11:23]. The Board discussed the relationship and timing between Select Board goals and TA goals, acknowledging the TA’s goals were set late last cycle and a broader conversation is needed on aligning them, evaluation timing, and process [2:12:08 - 2:18:50].
• Action: Diane (Board Secretary/Staff) to compile updated Select Board goals list for review/approval. Discussion on TA goals/strategic alignment deferred 2:17:06. Member Fletcher requested removal of a Glover property goal previously listed under her name 2:18:59.

Consent Agenda: 2:19:24 A motion was made and seconded to approve the August 2, 2023 meeting minutes. VOTE: Approved unanimously (4-0 in person, Thompson virtual status unclear for vote capture).

Select Board Time: 2:19:51

• Member Spellios commended Rec Dept staff Danielle Strauss and Jackie Camelengo for the successful block party and highlighted Strauss’s leadership in crediting her colleague 2:19:57.
• Member Fletcher provided updates: Solid Waste Advisory Committee finalizing plastic bylaw recommendation/survey presentation; Board of Health meeting on Kings Beach; Capital Improvement Committee starting work; requested future Board discussion on capital philosophy; announced amateur talent segment at Farmer’s Market 2:21:21.
• Member Phelan reiterated desire for a business newsletter, stemming from block party communication takeaways 2:23:40. TA Fitzgerald agreed to explore this 2:24:31.
• Member Thompson shared positive progress on the Community First grant (weatherization/HVAC audits/upgrades), nearing annual goals, and mentioned community power outreach 2:25:15.
• Chair Eppley had nothing to add.

Adjournment: A motion to adjourn was made 2:27:08, seconded, and approved unanimously. The meeting adjourned at 2:27:12.

4. Executive Summary

This Swampscott Select Board meeting addressed several key town issues, including environmental remediation, public safety, potential new funding mechanisms, historic preservation challenges, and board governance.

Kings Beach Remediation Debate Continues: The Town Administrator reported ongoing discussions with state (DEP) and federal (EPA) agencies regarding Kings Beach cleanup 1:09. While DEP appears to favor a long-term outfall pipe solution, Swampscott, Lynn, and other stakeholders remain concerned about extended permitting timelines compared to a potentially faster UV treatment system. The town aims for remediation within 24-36 months and is pushing for expedited permitting if the outfall option is pursued. Significance: Resolving Kings Beach pollution is a major, long-standing regional priority impacting public health and recreation.

Structured Approach to Traffic Safety Unveiled: A multi-departmental team presented a plan to address persistent traffic and pedestrian safety concerns 22:27. Moving beyond primarily enforcement, the strategy emphasizes Education, Infrastructure (engaging consultants Beta Group for engineered calming measures like speed tables), and Enforcement, supported by data analysis (Risk Terrain Modeling). A formal town policy and dedicated annual capital funding for safety improvements are planned. Significance: This represents a more comprehensive, long-term strategy to tackle widespread resident concerns about speeding and pedestrian safety.

Community Preservation Act (CPA) Proposed: The Town Administrator strongly advocated for Swampscott to adopt the CPA 55:35, a state program allowing towns to levy a small property tax surcharge (up to 3%) matched by state funds. These dedicated funds support open space, historic preservation, and affordable housing – areas with identified needs in Swampscott. Swampscott is one of the minority of MA communities yet to adopt it. Significance: CPA adoption could provide a crucial recurring revenue stream for quality-of-life projects, but requires Town Meeting and town-wide voter approval.

Pittman House Preservation Faces Hurdles: An urgent effort to save the historic Pittman House from demolition (Sept 15 deadline) by relocating it to town-owned land (7 Hillside Ave) and potentially creating affordable housing was discussed 1:10:45. While the Board expressed strong conceptual support, significant challenges remain, including a tight timeline, the need for zoning relief, and securing funding (potentially requiring nearly all of the Affordable Housing Trust’s (AHT) funds). The Select Board was notably unwilling to formally direct the independent AHT to expend its limited funds given the project’s risks and the AHT’s autonomy. Significance: This situation highlights the complexities and financial difficulties of historic preservation and affordable housing development, especially under time pressure, and underscores the procedural boundaries between the Select Board and independent town trusts.

Board Focuses on Goals and Governance: The Board began its annual process of setting individual member goals for FY24 1:48:24, covering areas like fiscal discipline, housing, economic development, climate action, DEI, and specific projects. Discussion highlighted a desire to potentially integrate these into a more cohesive strategy and align them with Town Administrator goals in the future. The Board also agreed to formally review and potentially update its handbooks and code of conduct in September 1:43:28. Significance: These discussions provide transparency on Board priorities and signal ongoing attention to governance, accountability, and strategic planning.

Other Town Updates: Key operational updates included progress on the new elementary school (grants/incentives), Fire/Police promotions, DPW work, Vinnin Square planning, and a successful summer block party 1:09. The Senior Center kitchen rebid is underway 14:43, and police hiring is advancing 15:53.

5. Analysis

This Select Board meeting showcased a mix of proactive planning and reactive problem-solving, constrained by financial realities, procedural limitations, and the complexities of multi-stakeholder issues. The analysis below is based solely on the transcript.

Administration Driving Key Initiatives: Town Administrator Sean Fitzgerald played a central role, not just reporting but actively driving the agenda on major items like the Kings Beach strategy 1:09 and the push for CPA adoption 55:35. His arguments for CPA were particularly forceful, framing non-adoption as a failure of fiduciary responsibility and a missed opportunity 1:07:40. The comprehensive traffic safety plan 22:27, presented by a team under his administration, demonstrated a coordinated effort to address long-standing complaints with a structured, data-informed approach, shifting emphasis from solely enforcement to include infrastructure and education.

Board Dynamics: Balancing Aspiration and Pragmatism:

• Pittman House: The discussion starkly illustrated the tension between desired outcomes (historic preservation, affordable housing) and practical constraints. While members like Fletcher 1:34:08 and Chair Eppley 1:28:21 expressed strong support for the idea, the Board collectively recoiled from directing the Affordable Housing Trust’s funds. Member Spellios’s articulation of the fiduciary risks and the AHT’s independence [1:26:26, 1:36:41] proved decisive. The Board’s stance reflects a cautious approach to financial risk, particularly concerning an independent body’s limited, non-recurring funds, even for a conceptually popular project facing a tight deadline and uncertain approvals. Member Thompson’s presentation 1:15:59 laid out the daunting path clearly, and the lack of a motion underscored the high hurdles.
• Traffic Safety: The debate revealed differing member perspectives. Member Fletcher’s emphasis on enforcement data and specific location complaints (Humphrey St parking 54:04) contrasted with the administration’s (and Chief Cassata’s 51:30) argument that enforcement alone hasn’t solved the problem on key corridors, necessitating the broader infrastructure/education focus. This dynamic suggests ongoing discussion will be needed to ensure community perception (lack of enforcement) is addressed alongside systemic solutions.
• Goal Setting: The goals discussion 1:48:24 highlighted both individual member priorities and an emerging desire (particularly from new member Thompson 1:56:44) for more strategic integration. Member Spellios’s intervention 2:03:07 served as a pragmatic grounding, reminding the Board of existing plans and the operational realities of Open Meeting Law that necessitate some division of labor. The outcome – compiling individual goals now and discussing broader strategy/TA goal alignment later – represents a compromise between individual initiative and collective planning.

Accountability and Governance: The public comment from Mara Lau 19:36 regarding handbook accountability and past meeting procedure directly preceded the Board’s discussion on the topic. Member Spellios’s emphasis on signing the handbooks and adhering to behavioral rules 1:46:20, along with Member Fletcher’s call to discuss enforcement 1:47:53, suggests an internal awareness of, and desire to improve, board conduct and adherence to its own established procedures. Tabling the discussion 1:48:03 allows for considered input rather than a rushed review.

Effectiveness of Arguments:

• Fitzgerald’s CPA argument was effective in highlighting the financial cost of inaction and positioning Swampscott as lagging behind peers 1:07:31.
• The Pittman House presentation effectively conveyed the urgency and opportunity but couldn’t overcome the Board’s fundamental concerns about financial risk and interfering with the AHT.
• The traffic team’s presentation successfully framed the issue as needing a multi-pronged, institutionalized solution, though Member Fletcher’s persistent focus on enforcement indicates that argument may need further reinforcement or data for universal buy-in.

Overall Impression: The Board appears engaged on multiple fronts, attempting to balance long-term strategic planning (CPA, traffic policy, Vinnin Square) with urgent issues (Pittman House, Kings Beach). Financial discipline remains a strong undercurrent (Spellios on AHT funds, Fletcher on budget goals). The integration of a new member (Thompson) seems to be prompting useful reflection on process and strategic alignment. Key decisions on CPA and the Pittman House’s fate remain pending, dependent on future Board actions, other town bodies (AHT, ZBA), and external factors.