Swampscott Select Board Meeting Analysis: September 6, 2023

Section 1: Agenda

Based on the transcript, the likely agenda for the meeting followed this structure:

Call to Order & Pledge of Allegiance [Approx. 0:00:00] (Implied, followed by technical difficulties)
Town Administrator’s Report 0:00:14
- King’s Beach Update (Permitting, UV System, Consent Decree Report, Call for State/Federal Aid)
- Pine Street Veterans Housing Update (Meeting with Undersecretary Bennett, Stakeholder Engagement)
- Senior Center Updates (Internship Program, Grant Award, Dementia Training)
- Police Department Update (Community Forum on Hate Incidents, Hiring Process Challenges/Update)
- HR Activities (Staffing Updates across departments)
- Town Meeting Article 20 Review Extension (AG Office)
- Seawall Maintenance Bylaw Discussion (Drafting, Conservation Commission Input)
- Health Department Updates (Climate Change/Composting, Flu Clinics, COVID Uptick)
- Swamptoberfest Announcement
- Mission on the Bay Seawall Update (Follow-up discussion prompted by Member Spellios)
Public Comment 28:43
- Andrea Moore re: King’s Beach 29:13
- Liz Smith re: King’s Beach progress/report 33:42
- Hannah Sharpless re: Micro Forest support and suggestions 35:48
New and Old Business
- Reading of National Senior Center Month Proclamation 41:09
- Reading of National Suicide Prevention and Action Month Proclamation 44:40 (Followed by discussion on mental health resources/988 hotline/regional collaboration)
- First Reading of Hadley School RFP 57:10 (Presentation by Member Spellios, Discussion on timeline, public access, green design, community room, deed restrictions, playground relocation)
- Discussion of Pine Street RFP Status and Project Finances 1:21:45 (Update on RFP timeline, PSA extension, Discussion and Vote requesting Affordable Housing Trust funding commitment)
- Discussion of Select Board, Board & Commission, and Code of Conduct Handbooks 1:34:36 (Detailed review and proposed amendments to Select Board Handbook, brief review of Board & Commission Handbook, brief review of Code of Conduct Handbook)
Votes of the Board
- Approval of the Consent Agenda 2:58:18 (Amended to add third rain date for Swamptoberfest liquor license)
  - Hawking & Peddling License (Summit Energy)
  - One-Day Liquor License (Swampscott Yacht Club - Swamptoberfest)
  - One-Day Liquor License (Café Avellino - Reach Arts event)
  - Approval of Minutes (August 16, 2023)
Select Board Time 3:03:24
- Micro Forest Discussion (Follow-up to Public Comment, Aesthetics vs. Purpose, Safety/Sightline issue)
Adjournment [Approx. 3:09:52] (Implied by motion to adjourn)

Section 2: Speaking Attendees

David Eppley (Select Board Chair): [Speaker 5], [Speaker 11] (select instances, e.g., 21:00, 44:24, 1:07:21)
Sean Fitzgerald (Town Administrator): [Speaker 2], [Speaker 11] (select instances, e.g., 11:43, 11:51)
Peter Spellios (Select Board Member): [Speaker 1]
Mary Ellen Fletcher (Select Board Member): [Speaker 4]
Katie Phelan (Select Board Member): [Speaker 3]
Doug Thompson (Select Board Member): [Speaker 6]
Andrea Moore (Resident / King’s Beach Advocate): [Speaker 8]
Liz Smith (Resident / Precinct 3): [Speaker 10]
Hannah Sharpless (Resident / Micro Forest Advocate): [Speaker 7] (at 35:48)
Town Staff Member (Unidentified): [Speaker 7] (at 44:26, providing document correction)
Ted D’Alessio (Recreation Director - Inferred): [Speaker 9] (Providing details on Swamptoberfest)
Unidentified Speaker / Board Member / Staff: [Speaker 11] (various minor interjections, likely procedural or brief agreements - handled as “A Board Member” or omitted where inconsequential in Minutes/Summary/Analysis)

Section 3: Meeting Minutes

1. Town Administrator’s Report (0:00:14)

Town Administrator (TA) Sean Fitzgerald provided updates.
King’s Beach: 0:14 Reported ongoing discussions with Lynn, Kleinfelder, MassDEP, and EEA to expedite permitting for an outfall pipe, while Lynn pushes for UV disinfection tests. TA Fitzgerald expressed frustration that despite significant town investment under the consent decree (report available online), the beach remains impaired by complex pollution sources, emphasizing the need for state/federal partnership. Member Fletcher requested a full financial accounting of spending by Swampscott and Lynn 4:45. Member Thompson suggested digesting the complex report before deeper discussion 4:25.
Pine Street Veterans Housing: 5:13 TA Fitzgerald reported positive engagement with Undersecretary of Veterans Services Gen. Andrea Gail Bennett, who is assembling stakeholders (including Soldier On) to assess need, resources, and vision for veterans housing in Swampscott.
Senior Center: 6:14 Highlighted a new high school internship program, a $6,600 state grant for multi-generational art programs, and ongoing dementia awareness training, noting Swampscott’s status as the oldest community in Essex County.
Police Department: 7:55 Mentioned a recent community forum on hate incidents and the need for broader engagement. Updated the Board on police hiring: one conditional offer made from a pool of 65 applicants 9:18. This sparked significant discussion among Board members regarding the hiring process’s effectiveness compared to Civil Service. Member Spellios strongly questioned the low yield (1/65 vs. 70% state average passage rate), calling the process “exclusive” but not “impressive” and urging rapid correction 10:34. Members Fletcher and Thompson concurred [12:03, 12:05]. Member Phelan also expressed concern about the process and advocated for proactive, iterative improvements rather than waiting cycles to fix issues 21:09. TA Fitzgerald acknowledged the challenges, stated a new plan is being developed with the Chief and union, and committed to sharing details once finalized [12:32, 22:36]. Member Fletcher provided a personal recommendation for a 41-day hiring timeline 26:51.
Seawalls: 14:07 TA Fitzgerald is drafting a town meeting article requiring maintenance inspections for all public/private seawalls, potentially a first in MA. He plans to discuss the draft with the Conservation Commission Chair. Member Spellios pressed for an update on the Mission on the Bay temporary seawall, noting the lack of monthly engineering reports previously discussed and safety concerns 16:30. TA Fitzgerald stated he discussed this with the Building Inspector and would get an update 17:22. Member Phelan echoed safety concerns for patrons and abutting property 20:29.
Other Updates: AG requested an extension for reviewing the Town Meeting Article 20 bylaw 13:29; Health Dept. is working on climate change initiatives (composting) and flu/COVID preparedness 14:57; Swamptoberfest planned for Saturday 15:55.

2. Public Comment (28:43)

Andrea Moore (King’s Beach Advocate): 29:13 Representing a growing online group (now 1100 members), presented recommendations. She highlighted the beach’s historically poor water quality this season (91% unsafe days), the impact on Nahant’s beach closures (55%), and showed a graph illustrating high bacteria levels. She urged prioritizing pipe lining, extending testing season (Apr-Nov), adding physical warnings at Stacey’s Brook and other entrances, clear town messaging, and regular steering committee meetings.
Liz Smith (Resident): 33:42 Expressed appreciation for the increased focus and attention the Select Board is giving to King’s Beach, noting the recent posting of the 911 report online as significant progress.
Hannah Sharpless (Micro Forest Advocate): 35:48 Spoke passionately via Teams in support of the micro forest at Walker/Paradise. Acknowledging its current “unintentional” look, she argued against removing it, emphasizing its ecological benefits (air/carbon filtering, cooling, habitat) aligned with the Climate Action Plan. She suggested improvements like a maintained clear area, bench, weeding plan, path/signage, and educational outreach, rather than replacement with grass or annuals.

3. Proclamations (41:09)

The Board read proclamations for National Senior Center Month 41:09 and National Suicide Prevention and Action Month 44:40.
The Suicide Prevention proclamation reading led to a discussion on mental health. Member Spellios highlighted the 988 crisis hotline 46:54. Chair Eppley noted the global mental health crisis post-pandemic and urged making resources visible 47:23. TA Fitzgerald committed to reinforcing efforts 48:06. Member Phelan emphasized school involvement and support systems 48:48. Member Spellios discussed Lynn’s crisis team and the need for Swampscott to potentially resource similar follow-up support for mental health/substance abuse calls, noting the strain on police 49:56. TA Fitzgerald agreed, mentioning regional models and potential opioid settlement funding use (though cautioning against using one-time funds for recurring positions) [51:34, 53:35]. Member Phelan stressed the cyclical nature of mental health calls without proper support 54:14. Chair Eppley supported exploring regional resource sharing 55:24. TA Fitzgerald affirmed the desire to move beyond rhetoric to action 56:15. Liz Smith asked about repeating Narcan training 57:51, which TA Fitzgerald supported 57:44.

4. Hadley School RFP (57:10)

Member Spellios presented the first reading of the draft RFP for the Hadley School disposition, intended for hotel development per Town Meeting approval.
He noted input from consultants (Pinnacle), town staff, and the Historical Commission (Jonathan Lehman contributed history section).
A key change suggested by Pinnacle is extending the response period to 90 days (likely pushing deadline to Dec 15th) 58:51. The final schedule aims to compress later stages to maintain the overall timeline.
Member Spellios stressed the RFP is an “invitation for ideas,” encouraging creative proposals beyond the included marketing study/test fits, while maintaining priorities like preserving the historic building 1:00:24. Language will be added to reinforce this flexibility.
He acknowledged challenging current capital markets for real estate but expressed hope for strong responses 1:02:25.
The Board discussed putting the draft online immediately 1:05:15 (TA confirmed it was being added 1:06:53). A second reading was scheduled for 9/11, with a redline version expected by Friday noon 1:04:16.
Member Thompson requested adding green design/Net Zero criteria, similar to Pine Street RFP 1:07:26. Member Spellios noted the difficulty for the historic building but agreed to revisit the language 1:07:46. Member Phelan suggested framing it as a town philosophy rather than strict building preference 1:09:43.
Member Thompson questioned the level of detail required in submissions compared to Pine St 1:10:09. Member Spellios noted expected differences in response quality but agreed to review Pine St requirements 1:11:45.
Member Fletcher asked about advertising reach 1:13:03. Member Spellios described Pinnacle’s active outreach, legal postings, and informal broker network engagement, stating it would get wide coverage but welcomed further ideas 1:13:26.
Member Thompson confirmed the Town Meeting amendment requiring community room access is included 1:15:21.
Member Thompson asked about deed restrictions to ensure hotel use 1:16:11. Member Spellios explained this would be in the Land Disposition Agreement (LDA) but acknowledged market realities and lender requirements might necessitate future flexibility discussions 1:16:25. The existing market-rate housing restriction was also discussed regarding potential bidder/lender impact 1:17:53.
Member Phelan raised the issue of relocating the adjacent playground, suggesting Linscott Park or Town Hall lawn as possibilities 1:19:24. Member Spellios acknowledged the cost issue but agreed it needs addressing 1:19:42. TA Fitzgerald confirmed they can investigate Linscott Park deed restrictions 1:20:55.

5. Pine Street RFP Status & Project Finances (1:21:45)

Chair Eppley introduced the item, noting communication with Affordable Housing Trust (AHT) Chair Kim Martin Epstein, who supports the project but couldn’t attend. The goal was to formalize an AHT funding request.
Member Spellios updated: RFP responses due Sept 25th; PSA extension secured until mid-December (at monthly cost) to align closing with developer selection/due diligence completion 1:22:45. He reiterated the widely held expectation of a $300K AHT contribution toward acquisition, framing it as crucial for the project’s financial structure and highly leveraged ($10K/unit subsidy for 30 units) 1:23:38.
Chair Eppley proposed a vote to formalize the $300K request to AHT 1:24:27. Member Fletcher questioned setting the amount before bids are known, suggesting waiting or asking for more 1:26:49. Chair Eppley and Member Spellios felt $300K was the established figure and sufficient for a formal request, emphasizing the need for AHT to allocate the funds [1:27:09, 1:28:40]. Member Spellios noted AHT is considering other funding uses, making clarity on the Pine St commitment important now 1:28:40.
Member Thompson (AHT liaison/member) noted AHT’s scrutiny and potential need for more project details but confirmed $300K is feasible regardless of other potential projects 1:31:05. Chair Eppley noted potential competition for AHT funds from other projects (e.g., Hillside Ave) 1:32:02.
Motion: Member Spellios moved to authorize the Chair to formally request the AHT confirm in writing a contribution of at least $300,000 towards the acquisition of the Pine Street property 1:33:44.
Vote: Passed unanimously (Aye: Eppley, Spellios, Fletcher, Phelan, Thompson) 1:34:14.

6. Handbooks Discussion (1:34:36)

The Board undertook a detailed review of the Select Board Handbook, followed by briefer reviews of the Board & Committee Handbook and Code of Conduct Handbook. Chair Eppley noted the SB Handbook was adopted in April 2022.
Select Board Handbook:
- Member Phelan raised several points: need to assign responsibility for providing new member info (org charts, contacts) 1:35:52; lack of clarity on process for agenda item requests/denials 1:36:41 (Resolved by agreeing the remedy is a member requesting a vote to add the item, which the Chair must place on the agenda 1:40:40); questioned the rationale for the Chair not seconding motions 1:41:29 (Resolved by agreeing to remove this restriction, aligning with Board/Committee handbook change).
- Member Thompson questioned the timing of the TA review (June) 1:42:57 and the requirement for quarterly reports (Financials, Capital Projects, Legal) 1:43:50. Member Fletcher argued for keeping quarterly reports, suggesting email delivery to minimize meeting time 1:44:12. TA monthly reports were mentioned but acknowledged as lapsed 1:44:26. Consensus seemed to be to retain quarterly reports but review calendar timing separately.
- Member Thompson noted the Climate Action Plan Committee wasn’t listed 1:45:18 (Resolved: Committee formed after handbook adoption; can be added).
- Member Thompson critiqued adherence to advisory committee oversight/reporting requirements 1:47:02. The requirement for all committees to report annually in person was discussed 1:48:08. Consensus: Strike the paragraph requiring annual in-person reports from all committees, relying instead on liaison updates and invitations as needed 1:50:09.
- Member Thompson raised concerns about Section 10 (Communication Protocol), feeling it creates a bottleneck through the TA 1:50:44. This led to an extensive debate. Member Spellios suggested including the Assistant TA but stressed maintaining the chain of command to avoid confusing staff or circumventing policy 1:51:37. TA Fitzgerald explained the intent is clear communication, avoiding mixed signals, and allowing him to manage staff resources effectively, noting staff sometimes feel pulled in different directions [1:52:27, 2:01:04]. Member Fletcher argued against overly restricting informal conversations with staff (e.g., asking DPW Director about willow trees) feeling the Charter sufficiently defines roles [1:53:17, 1:58:31]. Member Spellios countered that staff often perceive questions from Board members as directives due to the inherent hierarchy, potentially diverting resources without the TA’s knowledge 1:54:57. Resolution: TA Fitzgerald agreed to propose revised language allowing more direct communication (e.g., written requests copying TA/Assistant TA) while maintaining clarity and respecting the chain of command 2:06:50.
- Member Fletcher suggested including Mass General Law text in the handbook 2:07:19 (Rejected due to difficulty keeping printed/linked laws current; Google suffices 2:07:40). She also urged adherence to agenda packet delivery timelines 2:09:13 (Acknowledged as ideal goal/area for improvement). She asked for review of public comment rules language per recent case law 2:11:03 (Agreed: Town Counsel to review). She requested minutes be ready by the next meeting 2:12:02 (Noted Open Meeting Law allows more time, but next-meeting goal is preferable). She suggested goal-setting timing align with TA contract 2:12:53 (Agreed: Calendar to be reviewed). She raised concerns about committee appointment process transparency/Board input and committee direction/autonomy, promising future recommendations 2:13:51. This sparked debate on balancing Board direction with committee initiative (Spellios favoring autonomy, Fletcher seeking more oversight) 2:15:45.
Board and Committee Handbook:
- Discussion on subcommittee/working group rules under Open Meeting Law 2:29:19 (Resolved: Ask Town Counsel for clarity).
- Agreed to mirror SB Handbook change allowing Chair to second motions 2:30:51.
- Discussed responsibility for minute submission/follow-up 2:31:09. Resolution: Town Clerk tracks minutes; liaisons follow up with chairs based on Clerk’s reporting; Clerk to propose system for regular checks/reminders [2:32:44, 2:33:29].
- Reviewed remote participation rules 2:34:51. Consensus: Amend language from “should endeavor to hold” to “should hold” meetings in person, absent justifiable cause 2:37:57. Acknowledged need for hybrid options for accessibility but stressed value of in-person collaboration for primary meetings 2:38:04. Communication to committees encouraging return to in-person to follow 2:39:13.
- Discussed excessive absenteeism clause 2:40:44. Concern about lack of defined number vs. weaponization potential of a fixed number. Resolution: Keep current language (“excessive absenteeism may be cause…”); rely on chairs/liaisons to bring issues forward case-by-case 2:42:56.
Code of Conduct Handbook:
- Clarified non-bulleted item under “Refraining from…” as a separate point needing a bullet 2:46:50.
- Discussed social media communications policy 2:49:39. TA Fitzgerald and Member Thompson reiterated MMA guidance that distinctions between personal/official pages are often lost on the public; officials generally cannot “take the hat off” [2:50:17, 2:50:55]. Member Fletcher asked about committee members criticizing elected officials online 2:52:45. Member Spellios opined this is generally protected speech, though patterns of poor judgment could factor into reappointment decisions 2:53:35. Member Phelan sought clarity on interpreting personal posts, expressing concern about over-interpretation vs. personal responsibility 2:55:14. Consensus seemed to be adhering to the spirit of respectful conduct and reasonable interpretation 2:55:56.
Follow-up: Revised handbook drafts incorporating discussed changes will be brought back. Suggestion made to review handbooks every three years 2:57:44.

7. Consent Agenda (2:58:18)

Member Fletcher requested amending the Swamptoberfest one-day liquor license (Item 2) to add a second rain date of Friday, Sept 22nd, 4-8 PM 2:58:38. Ted D’Alessio confirmed details and police detail feasibility 2:59:06. Member Fletcher also asked about event finances; D’Alessio explained revenue streams (entry fee, beer sales) and 50/50 split of proceeds/expenses with Swampscott Yacht Club 3:00:22.
Member Spellios requested brief descriptions be read for consent items in the future and hard copy agendas be available at meetings 3:02:43.
Motion: To approve the consent agenda as amended (adding 9/22 rain date to item 2). Moved by Chair Eppley, Seconded by Member Spellios.
Vote: Passed unanimously (Aye: Eppley, Spellios, Fletcher, Phelan, Thompson) 3:03:19.

8. Select Board Time (3:03:24)

Member Phelan revisited the micro forest issue raised during public comment 3:03:32. She echoed support for its purpose over pure aesthetics but acknowledged the need to address the poor sightline at the Walker Road intersection and manage expectations through education/signage.
Member Spellios suggested the Conservancy meet with DPW Director Gino Cresta to agree on trimming for safety 3:05:21. TA Fitzgerald confirmed he asked Cresta to work with Conservancy lead Suzanne Hale on balancing concerns 3:05:32.
Member Spellios reiterated that aesthetics should be secondary to the environmental purpose 3:06:08. Member Fletcher represented resident concerns about the “horrific looking” site and supported finding a “balance” 3:06:49. Member Spellios questioned where to draw the line on aesthetic complaints (using Fish House smell as an analogy) 3:07:06. Member Fletcher emphasized the visibility at a key town entrance near the monument 3:07:36. Member Phelan stressed education about the forest’s purpose and managing expectations, while agreeing safety/sightline is paramount 3:08:13.

9. Adjournment (3:09:52)

Motion to adjourn moved and seconded. Passed unanimously.

Section 4: Executive Summary

The Swampscott Select Board meeting on September 6, 2023, covered significant ground, including updates on major projects, public concerns regarding environmental assets, and internal governance matters.

Key Developments & Decisions:

King’s Beach Concerns Escalate: The Town Administrator reported slow progress on remediation despite significant spending, citing complex pollution and the need for state/federal aid 0:14. Public commenters expressed strong frustration, noting 91% unsafe swimming days this summer, impacts spreading to Nahant, and inadequate warnings 29:13. They urged prioritization of pipe lining and extended water testing. The Board acknowledged the urgency and requested financial details 4:45. Significance: King’s Beach remains a major public health and recreation concern requiring substantial, potentially multi-jurisdictional, solutions.
Hadley School Hotel RFP Advances: The Board conducted a first reading of the Request for Proposals (RFP) to redevelop the historic Hadley School into a hotel 57:10. Key points include encouraging creative proposals beyond initial concepts, extending the response deadline to 90 days (likely Dec 15th), preserving the historic structure, and addressing the relocation of the adjacent playground 1:19:24. Significance: This marks a formal step toward repurposing a major town asset, with potential economic and community impacts.
Pine Street Veterans Housing Funding: Progress continues on the veterans housing project at the former Temple Israel site on Pine Street [5:13, 1:21:45]. With RFP responses due Sept 25th, the Board formally voted to request a commitment of at least $300,000 from the town’s Affordable Housing Trust towards the property acquisition, deemed crucial for the project’s viability 1:34:14. Significance: Securing this funding is a key step in realizing the goal of providing dedicated housing for veterans.
Police Hiring Process Under Scrutiny: A report of hiring only one officer from a pool of 65 applicants sparked intense debate 9:18. Board members sharply criticized the process’s low yield compared to state averages and demanded swift improvements [10:34, 21:09]. The Town Administrator acknowledged issues and reported a new hiring plan is being developed with the Police Chief and union 12:32. Significance: Staffing the police department adequately is critical for public safety; the current process is seen as ineffective and requires urgent reform.
Seawall Safety & Maintenance: Concerns were raised about the safety and lack of reported inspections for the temporary seawall at Mission on the Bay 16:30. The TA is also drafting a potential town meeting article to mandate inspections for all seawalls, public and private 14:07. Significance: Ensuring coastal infrastructure integrity is vital for safety and property protection, especially given recent events.
Micro Forest Debate: Public comment strongly defended the ecological purpose of the micro forest at Walker/Paradise Road against aesthetic complaints 35:48. The Board later discussed balancing the forest’s environmental goals with neighbor concerns and addressing a critical safety issue with sightlines at the intersection 3:03:32. Significance: This reflects common town tensions between environmental initiatives, aesthetics, public safety, and resident expectations.
Mental Health Resources: Discussion following the Suicide Prevention Month proclamation highlighted the need for accessible resources, including the 988 hotline, and exploring regional collaboration for mental health crisis response support, potentially using opioid settlement funds [46:54, 51:34]. Significance: Acknowledges the growing mental health crisis and explores tangible steps beyond awareness campaigns.
Governance Handbook Revisions: The Board engaged in lengthy review and debate over its own operating handbook and those for committees, leading to proposed changes regarding agenda setting, meeting protocols (including requiring in-person meetings), communication with staff, and committee oversight 1:34:36. Significance: These internal rules shape how the Board functions and interacts with staff and committees, impacting town governance efficiency and transparency.

Overall Tone: The meeting featured engaged discussion and debate, particularly on police hiring, the Hadley RFP details, and internal communication protocols. Public commenters brought passionate perspectives on King’s Beach and the micro forest. The Board demonstrated a willingness to tackle complex issues while also grappling with procedural details and differing philosophies on governance and community priorities.

Section 5: Analysis

This Select Board meeting transcript reveals a board actively engaged with several high-stakes issues facing Swampscott, alongside significant time dedicated to refining its own operational procedures. The dynamics suggest a board attempting to balance forward progress on major initiatives with addressing resident concerns and internal governance challenges.