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Swampscott Select Board Meeting Analysis: February 12, 2024
This document provides an overview and analysis of the Swampscott Select Board meeting held on February 12, 2024, intended for Town Meeting members and voters.
Section 1: Agenda
Based on the transcript, the likely agenda followed during the meeting was:
- Call to Order & Pledge of Allegiance 7:16 (Led by DPW members)
- Chair’s Opening Remarks 7:53
- Statement regarding Lynn Item article and MCAD complaints.
- Rules for Public Comment (2-minute limit).
- Town Administrator’s Report 9:03
- Hotel RFP Finalist Feedback Anticipation
- Kings Beach Update (Meetings with EEA, DEP, EPA; IDDE efforts, PPA testing, UV, Outfall)
- Diversity, Equity, and Inclusion (DEI) Consultant Finalist Screening
- Library Update (Meeting with Trustees, Facility Walkthrough)
- Pickleball Community Engagement Event Announcement (Feb 15th)
- Senior Center Update (Program Growth)
- Town Clerk Update (Elections, Early Voting Hours)
- Board Discussion on Town Administrator’s Report 12:49
- Kings Beach Consent Decree Status (Member Fletcher)
- Kings Beach Phase 2 Contract Status (Member Grishman)
- Coastal Resiliency & Capital Plan Discussion (Member Spellios)
- Senior Center Statistics Elaboration (Member Grishman)
- New Business Item C1: Discussion & Possible Vote on Union Contracts: DPW 20:19 (Moved up in the order)
- Presentation of Agreement Terms (TA Fitzgerald, Finance Director Sauer)
- Board Discussion (COLA philosophy, funding source confirmation)
- Vote on DPW Contract Approval
- Public Comment 30:35
- Focus on TA Contract Extension Agenda Item & Lynn Item Article
- Criticism of TA Performance & Town Hall Culture
- Concerns about Hadley Hotel Process & Communication
- Issues of Respectful Discourse & Zoning Favoritism
- Questions on TA Contract Renewal Process
- New Business Item C2: Discussion & Possible Vote on Hadley School Hotel Designated Developer [42:53 / 49:52]
- Recap of RFP Process and Finalists (Member Spellios, Consultant/Staff Caden)
- Public Feedback Solicitation and Discussion (Ground lease preference, Developer details/experience, Pinnacle Advisors role, Community engagement/committee, Parking concerns, Timeline/process speed, Room count debate, Historical preservation, Financials, Linscott Park/Hawthorne concerns, Playground)
- Select Board Deliberation and Rationale Discussion
- Vote on Designating Developer
- New Business Item C5: Closing of Special Town Meeting Warrant of 3/11/24 2:50:44
- Report from Finance Committee on Recommendations (TA Fitzgerald)
- Review, Discussion, and Vote on Articles for Inclusion/Recommendation:
- Article 1: FY24 Budget Amendment (Schools) - SB Recommended
- Article 2: FY24 Budget Amendment (Homeless/Foster Transport) - SB Recommended
- Article 3: FY24 Budget Amendment (DPW Contract) - SB Recommended
- Article 4: Home Rule Petition (Tedesco Country Club Tax Exemption Ch. 61B) - SB Recommended
- Article 5: Charter/Bylaw Amendment (Election Timing/Voting Days/Process) - SB Tabled Recommendation pending public hearing
- Article 6: Home Rule Petition (16/17 Year Old Voting in Local Elections) - SB Tabled Recommendation pending public hearing
- Article 7: Bylaw Amendment (Specialized Energy Code) - SB Previously Recommended
- Article 8: Appropriation (Park Grant - Pickleball Courts) - SB Tabled Recommendation pending public hearing
- Article 9: Increase Local Rooms Excise Tax - SB Recommended
- Vote to Close the Warrant
- New Business Item C3: Discussion & Possible Vote on Purchase of 12-24 Pine Street (Deferred) 2:25:25
- New Business Item C4: Discussion & Possible Vote on Nonunion Contracts (Fire Chief, Police Chief, Town Administrator) (Deferred) 2:25:25
- Votes of the Board: D1. Approval of the Consent Agenda (Skipped/No Items) 2:26:10
- Select Board Time 2:26:18
- Acknowledgements (Hadley work, SCTV)
- Query on Next Meeting Date/Agenda (Liquor Licenses)
- Board of Health Opiate Funds Update
- Request for Committee Input on Hadley Process
- Adjournment 2:28:16
Section 2: Speaking Attendees
- David Eppley (Select Board Chair): [Speaker 4]
- Sean Fitzgerald (Town Administrator): [Speaker 3]
- MaryEllen Fletcher (Select Board Member): [Speaker 6]
- Doug Grishman (Select Board Member): [Speaker 5]
- Peter Spellios (Select Board Member): [Speaker 1]
- Katie Phelan (Select Board Member): [Speaker 2]
- Danielle Leonard (Resident/Public Commenter): [Speaker 8]
- Elizabeth Pappalardo (Resident/Public Commenter): [Speaker 20]
- Andrea Moore (Resident/Public Commenter): [Speaker 17]
- Mary DiCillo (Resident/Abutter/Public Commenter): [Speaker 18]
- Mike Kelleher (Resident/Public Commenter): [Speaker 15]
- Elise Delamore (Resident/Public Commenter): [Speaker 10]
- Resident/Public Commenter (Name Not Stated): [Speaker 22] (Asked about TA contract process)
- Moira O’Neill (Resident/Public Commenter): [Speaker 7] (Identified by Speaker 1 1:27:21)
- Laurie Levin (Resident/Abutter/Hadley Reuse Committee Member): [Speaker 16]
- Pete Caden (Pinnacle Advisors - Hotel Consultant): [Speaker 11] (Identified by Speaker 1 56:39)
- Ann Potts (Resident/Public Commenter): [Speaker 9]
- Mark Chase (Resident/Abutter/Public Commenter): [Speaker 12]
- Louis Chisoulo (Resident/Public Commenter): [Speaker 13]
- Mike Bryson (Resident/Abutter/Public Commenter): [Speaker 14]
- Resident/Former Official (Name Not Stated, 54 Aspen Road): [Speaker 19] (Asked about NPV/Room Count)
- Janelle Cameron (Resident/Former Town Employee/TM Member): [Speaker 21]
- Amy Sauer (Director of Finance and Administration): [Speaker 23] (Identified by TA Fitzgerald 20:53)
- DPW Representative: [Speaker 24] (Led Pledge)
- Background Speaker/Technical Staff: [Speaker 14] (Asked about mics 17:09)
Section 3: Meeting Minutes
Call to Order & Opening Remarks: Chair David Eppley called the meeting to order. Following the Pledge of Allegiance led by DPW members 7:35, Chair Eppley addressed a recent Lynn Item article concerning MCAD complaints against the town involving the Town Administrator 7:53. He stated the town disagrees with the complaints, is defending itself vigorously, and respects employee rights, including the Town Administrator’s. He noted that due to the ongoing legal and personnel nature, no further public comment on the matter would be taken during the meeting. He outlined a two-minute time limit for public comments later in the agenda.
Town Administrator’s Report & Discussion: Town Administrator (TA) Sean Fitzgerald presented his report 9:03, highlighting anticipated feedback on hotel RFP finalists, ongoing Kings Beach remediation efforts (meetings with state agencies, exploration of PPA, UV, outfall options), DEI consultant screening, library facility assessment, upcoming pickleball community meeting, significant growth in Senior Center participation and services, and election/voting information. Board discussion followed 12:49. Member MaryEllen Fletcher inquired about the EPA’s position on the Kings Beach consent decree; TA Fitzgerald confirmed its binding nature and expressed his view that progress was insufficient, necessitating supplemental strategies 13:05. Member Doug Grishman confirmed the signing of the Kleinfelder contract for Phase 2 Kings Beach work and ongoing scope discussions with EPA/DEP 14:10. Member Peter Spellios advocated for integrating coastal resiliency more meaningfully into the FY25 capital plan, suggesting a March meeting with relevant committees 15:19; TA Fitzgerald agreed to pursue this 16:54. Prompted by Member Grishman, TA Fitzgerald elaborated on the dramatic increases in Senior Center membership, program participation, attendance, outreach, and transportation rides between FY22 and FY23 17:17.
DPW Union Contract: At Member Spellios’ suggestion, the DPW contract discussion was moved up 20:19. TA Fitzgerald presented the terms of a three-year agreement 20:53, totaling approx. $125K, featuring a new 4-step salary table, 1.5% COLA in years 2 & 3, step increases (2-3.5%), a signing bonus for specific roles, increased longevity, OSHA training, adjusted break times, resolved arbitrations, and increased initial vacation time. Member Spellios reiterated his position that Cost of Living Adjustments (COLA) should ideally be uniform across town contracts, acknowledging the complexities of current bargaining structures 24:20. TA Fitzgerald agreed with the ideal but noted the practical challenges 26:24. Finance Director Amy Sauer confirmed the FY24 cost ($45,490) would be funded through projected health insurance savings, with approx. $100K in tailings still expected 27:52. Member Grishman expressed satisfaction with reaching a fair agreement 28:49. Member Spellios moved to approve the contract, seconded by Member Phelan 30:09. The motion passed unanimously (5-0).
Public Comment: This segment 30:35 was dominated by criticism related to the Town Administrator and town governance.
- Resident Danielle Leonard (HR professional) strongly questioned the inclusion of the TA’s contract extension/renewal on the agenda with 1.5 years remaining, particularly in light of the Lynn Item article, calling it “disgusting” and urging the Board to heed residents’ concerns 31:22. After her initial time, Resident Elizabeth Pappalardo yielded her time to Ms. Leonard 34:50, who continued, criticizing the Board (except Member Fletcher) for perceived unresponsiveness, alleging a negative culture at Town Hall under the TA, and demanding accountability 35:02. The exchange became momentarily heated [33:40, 34:15].
- Resident Andrea Moore described an unprofessional email interaction with a Select Board member and a subsequent frustrating call with TA Fitzgerald regarding Kings Beach signage and developer notification, citing a pattern of not listening 37:22.
- TA Fitzgerald responded 39:26, expressing appreciation for criticism but calling some comments unfair and based on one-sided information from the article. He defended his commitment, stated he desired kindness, noted confidentiality prevents full disclosure currently but welcomed eventual full transparency, and stressed his responsibility to protect all employee privacy.
- Resident Mary DiCillo reiterated the core issue for many was the timing of the contract discussion, suggesting the TA should welcome waiting for resolution before seeking extension 42:28.
- Resident Mike Kelleher echoed embarrassment over the allegations and questioned entertaining a contract extension 43:29.
- Resident Elise Delamore criticized the lack of respectful discourse, flawed processes (citing personal zoning issues and Hadley), and the systematic exclusion of dialogue 44:13.
- A remote resident (Name Not Stated) asked about the process for TA contract renewal and community input 47:48.
Hadley School Hotel Designated Developer: The Board moved to discuss the Hadley School hotel proposals 49:52. Member Spellios recapped the RFP process: 7 proposals received, narrowed to 3 finalists (Clearview Delamar, Drew Companies, Nonet Group) with Pinnacle Advisors’ help; proposals available online; finalist interviews held; previous public comment session. He emphasized the public nature of the process allows more oversight than private development and committed to a community engagement process similar to the Michon School project 50:32.
- Public Feedback: Residents offered further comments. Laurie Levin (abutter, Reuse Committee member) reiterated preference for a ground lease, not sale 54:15. Member Spellios concurred, citing control benefits and precedent 54:35. Elizabeth Pappalardo questioned if sale was an option (clarified it was allowed by TM vote but ground lease likely preferred) and asked about Board members’ experience with developers/Pinnacle (Members stated no direct prior experience, relied on Pinnacle’s expertise) 55:49. Pete Caden (Pinnacle) summarized the three proposals: Clearview (reuse entire building, ~60 rooms, developer/operator, ground lease), Drew (reuse main building, replace annex, ~60 rooms, public access areas, ground lease), Nonet (reuse main building, replace annex, 62 rooms, potential expansion to adjacent property, proposed purchase but open to lease) 57:12. Mary DiCillo (abutter) asked about the timing and structure of the neighbor/community advisory committee 1:05:42; Member Spellios outlined the likely process involving LDA negotiation and Select Board design review 1:07:08. John Jantas (abutter) asked if surface parking was definite or if a garage was possible 1:11:44; Member Spellios stated proposals were surface parking, a garage seemed financially unviable 1:12:16. Ann Potts questioned the pace of the decision, citing low public participation and suggesting delaying until May 1:13:18; Laurie Levin countered by detailing the extensive 18+ month Hadley Reuse Committee process 1:17:48. TA Fitzgerald emphasized the project’s economic development potential for the town 1:19:51. Kelly Kruger expressed preference for Drew Company’s community-focused presentation 1:25:08. Moira O’Neill lamented the loss of municipal property/space, criticized communication processes, and asked for clarification on the commitment to community space within the hotel 1:27:43 (Member Spellios confirmed it’s required by zoning 1:57:08). Louis Chisoulo warned against developer scope creep, referencing potential interest in adjacent properties/Anthony’s 1:33:36 (Member Spellios reiterated Hawthorne/Linscott are off-limits 1:36:16). Mike Kelleher criticized rushing the decision and suggested alternative uses 1:37:28. Jeff Blonder (assumed resident) asked about ground lease NPV vs. sale taxes and proposed 40 rooms + special permit 1:39:53. Mark Chase (abutter) raised concerns about construction costs, value engineering potential, design quality control, and the Town’s leverage 1:43:06. Mike Bryson (abutter) questioned the increase from Pinnacle’s initial 40-room feasibility study to ~60 rooms proposed, expressing preference for the least impactful option 1:52:36 (Member Spellios clarified Pinnacle’s study focused only on the historic core 1:54:14). Janelle Cameron asked about playground preservation 1:58:08 (Member Phelan confirmed equipment could potentially be moved nearby 1:59:07).
- Board Deliberation: Board members shared their reasoning. Member Phelan favored Clearview/Delamar due to the operator commitment (“skin in the game”) and reputation alignment 2:01:16. Chair Eppley recounted a site visit to Delamar West Hartford with Member Spellios, finding it welcoming (“felt like home”) and well-suited; he also valued their proposal to reuse the entire existing structure, aligning with historic preservation and environmental goals 2:06:23. Member Fletcher concurred, citing Delamar’s family business model, community focus (based on conversations), and operational advantage 2:09:25. Member Grishman agreed, highlighting Clearview’s respect for the historic building/Olmsted district and environmental aspects, while stressing the need for continued robust community engagement 2:11:08. Member Spellios noted Delamar’s reuse of the existing footprint was meaningful and familiar; the West Hartford site visit confirmed a contained, room-revenue-driven operation (less reliant on high-volume food/beverage) which seemed appropriate 2:16:51.
- Negotiation Points Raised: The Board discussed items to address in negotiations: Drew’s proposed community budget contribution 2:23:42; infrastructure impact 2:24:33; incorporating Drew’s public space activation ideas [2:21:52, 2:25:39]; educating visitors about Kings Beach 2:26:38; landscaping/tree preservation (especially on Linscott) 2:32:09; parking solutions (valet likely needed, surface parking preferred over garage, resident displacement concerns, developer-provided transport options) [2:35:03, 2:41:12]; public bathrooms accessible from Linscott 2:30:38; balancing rooftop use (events vs. community access vs. guest suites) 2:45:57; establishing a technical/community advisory committee process 2:42:54.
- Vote: Member Phelan moved to designate Clearview (Delamar brand) as the preferred developer, seconded by Member Spellios 2:49:41. The motion passed unanimously (5-0).
Special Town Meeting Warrant (March 11, 2024): The Board reviewed the warrant articles 2:50:44. TA Fitzgerald reported Finance Committee recommendations (Favorable on 1, 2, 4, 9; Tabled 3 pending SB vote; Seeking more info on 8; Will report on 7 at TM).
- The Board voted unanimously to recommend favorable action on Article 1 (School funding transfer) 2:52:22, Article 2 (Homeless/Foster transport funding) 2:52:53, Article 3 (DPW contract funding) 2:54:20, Article 4 (Tedesco tax exemption removal petition) 2:54:53 (Chair Eppley noted potential $175K annual revenue gain), and Article 9 (Hotel/Motel Tax increase to 6%) 2:54:24.
- Extensive debate occurred on Article 5 (Election timing/process changes) and Article 6 (16/17-year-old voting petition) [2:57:08, 3:09:56]. Member Fletcher argued strongly these were significant charter changes requiring the broader participation and deliberation time afforded by an Annual Town Meeting, not a Special TM 2:59:28. Member Spellios countered that TM is the appropriate venue, legislative timing is a factor, and compared the process scrutiny unfavorably to the Specialized Energy Code article 3:01:08. After discussion about holding public hearings, the Board agreed (implicitly, no formal vote recorded on removal/recommendation) to keep Articles 5 & 6 on the warrant but hold public hearings prior to the STM and make no Select Board recommendation at this time [3:09:34, 3:17:19].
- Article 7 (Specialized Energy Code) had previously been recommended favorably by the SB; FinCom will report at TM after a public hearing on Feb 27th 3:18:19.
- Article 8 (Pickleball Courts Grant Funding) was discussed; the Board opted to make no recommendation pending the outcome of the Feb 15th public hearing 3:20:29.
- The Board voted unanimously to close the Special Town Meeting Warrant 3:25:15.
Deferred Items: Discussion/votes on the 12-24 Pine Street purchase 2:25:25 and Non-Union Contracts 2:25:25 were deferred to future meetings.
Select Board Time: Member Fletcher thanked Member Spellios for his work on Hadley, thanked SCTV, confirmed the next meeting (Feb 28th) for bond/liquor license discussion, and updated on Board of Health opiate fund deliberations 2:26:18. Member Phelan requested formal input from town committees on the Hadley project process 2:27:33.
Adjournment: The meeting was adjourned by unanimous vote 2:28:16.
Section 4: Executive Summary
The Swampscott Select Board meeting on February 12, 2024, addressed several significant issues, marked by extensive public comment and deliberation on the Hadley School redevelopment and upcoming Special Town Meeting articles.
Hadley School Redevelopment Takes Major Step Forward: After lengthy public feedback and board discussion, the Select Board unanimously voted to designate Clearview Investment and Development (operating under the Delamar hotel brand) as the preferred developer for the Hadley School property 2:49:41. Key factors influencing the decision included Delamar’s model as both developer and operator (providing long-term commitment and brand reputation) 2:01:16, their proposal to reuse the entire existing historic building and annex (appealing to preservation and environmental concerns) 2:07:39, and favorable impressions from a site visit to a comparable Delamar property 2:06:23.
- Significance: This vote initiates formal negotiations with Delamar. While a major milestone, it is not the final approval. The Board emphasized that subsequent steps will involve detailed negotiations, further public input, likely formation of a community advisory committee, and Select Board design review before any zoning or planning board submissions [1:07:08, 2:42:54]. This project represents a significant potential economic boost (hotel tax revenue 2:19:51, support for local businesses) but also requires careful management of neighborhood impacts (parking, noise, traffic, design) which were heavily discussed.
Special Town Meeting Warrant Finalized for March 11th: The warrant for the upcoming Special Town Meeting was closed 3:25:15. Key items moving forward include:
- Funding Approvals: Supplemental funds for schools 2:52:22 and DPW contract costs 2:54:20.
- Revenue Measures: A petition to remove Tedesco Country Club’s Chapter 61B tax exemption (potentially adding ~$175K annually) 2:54:53 and an increase in the local hotel/motel tax from 4% to 6% 2:54:24.
- Controversial Voting Changes: Articles proposing changes to election timing/days and allowing 16/17-year-olds to vote in local elections will be on the warrant but were subjects of significant Board debate 2:57:08. The Select Board will hold public hearings on these items before Town Meeting and will not make a formal recommendation beforehand 3:09:34.
- Other Key Articles: The Specialized Energy Code adoption and funding for Phillips Park pickleball courts are also on the warrant, with public hearings scheduled before Town Meeting and no final SB recommendation yet on the pickleball funding [3:18:19, 3:20:29].
- Significance: Town Meeting members will face critical decisions impacting town finances, governance structure (voting rules), environmental policy, and recreational facilities. The handling of the voting articles reflects internal Board division on process versus expediency for charter changes at a Special Town Meeting.
DPW Contract Approved: The Board unanimously approved a three-year collective bargaining agreement with the DPW union 30:09, settling terms including wage adjustments, a new step structure, and benefits changes. Funding was identified within the current budget from health insurance savings 27:52.
- Significance: Resolves a key labor contract, ensuring stability in essential town services, while addressing compensation in line with fiscal considerations.
Town Administrator Contract & Public Criticism: Significant public comment [30:35 onwards] focused on criticizing the potential consideration of the Town Administrator’s contract renewal/extension, given unresolved MCAD complaints detailed in a recent Lynn Item article. Speakers expressed anger, lack of trust, and concerns about town hall culture. The Board acknowledged the complaints and the town’s defense but cited legal/personnel constraints preventing public discussion 7:53. The Town Administrator defended his record and criticized the perceived unfairness of the public discourse 39:26. The agenda item regarding non-union contracts (including the TA’s) was ultimately deferred 2:25:25.
- Significance: This issue highlights deep community division and scrutiny regarding town management. The public airing of grievances ensures the matter remains a prominent concern for residents and elected officials, likely influencing future discussions and town politics.
Ongoing Town Operations: Updates were provided on Kings Beach remediation efforts 9:03, the search for a DEI consultant, library conditions, successful Senior Center program expansion 17:17, and upcoming community meetings on pickleball 10:47 and the Specialized Energy Code 3:18:46.
Section 5: Analysis
This Select Board meeting showcased a government body navigating complex development decisions, contentious personnel issues, and standard operational oversight, all under intense public scrutiny evident in the transcript.
Hadley Decision - Process and Outcome: The selection of Delamar as the designated developer appeared methodical, following extensive public comment periods (both at this meeting and previously) and internal deliberation referencing consultant advice (Pinnacle) and direct due diligence (site visit 2:06:23). The Board coalesced around Delamar relatively smoothly, citing the operator’s long-term commitment and brand reputation as key differentiators 2:01:16, potentially outweighing specific design preferences some residents expressed for other proposals (e.g., Drew’s community focus 1:25:08). While residents raised valid concerns (parking, room count 1:52:36, neighborhood impact), the Board seemed persuaded by Delamar’s perceived viability and alignment with preservation goals. The Board’s repeated assurances of a continued public process [1:07:08, 2:11:08] aim to manage expectations but will be tested during negotiations. The effectiveness of the final project will depend heavily on translating the Board’s stated priorities (community integration, managing impacts) into binding agreements.
Town Administrator Controversy - A Deep Divide: The public comment segment starkly revealed significant resident anger and mistrust concerning the Town Administrator, catalyzed by the Lynn Item article but seemingly rooted in broader dissatisfaction with communication and town culture, as alleged by speakers [31:22, 35:02, 37:22]. The speakers’ arguments, focusing on the impropriety of considering a contract extension amidst unresolved complaints, were emotionally charged and direct. The Board’s formal stance (acknowledging complaints, citing legal constraints 7:53) and the TA’s defense 39:26 adhered to typical official responses but did little to bridge the expressed divide during the meeting. Deferring the non-union contract discussion 2:25:25 was perhaps inevitable given the climate, but the underlying issues clearly remain unresolved and potent. The strength and volume of criticism suggest this will continue to be a major factor in town politics.
Special Town Meeting Warrant - Policy Disagreements Surface: The discussion on Articles 5 and 6 (voting changes) exposed a clear philosophical difference within the Board itself, primarily between Member Fletcher and Member Spellios [2:59:28 vs 3:01:08]. Fletcher prioritized process, broader consensus, and the appropriateness of Annual Town Meeting for charter changes, reflecting a cautious approach. Spellios emphasized seizing legislative opportunity, empowering Town Meeting as the representative body, and consistency with other warrant items, reflecting a more action-oriented stance. The compromise to proceed with public hearings before Town Meeting 3:09:34 represents a temporary truce, kicking the final decision to Town Meeting members but highlighting the internal tension on how best to advance potentially controversial policy. This dynamic contrasts with the relative consensus shown on the DPW contract and Hadley developer selection.
Communication and Trust: A recurring theme, voiced explicitly by residents like Moira O’Neill 1:28:31 and Elise Delamore 44:13, was a perceived breakdown in communication and trust between town leadership and residents. While the Board facilitated lengthy public comment on Hadley, the criticisms regarding the TA’s contract and past interactions suggest deeper systemic issues for some residents. The Board’s challenge moving forward, particularly on sensitive projects like Hadley, will be to demonstrate responsiveness and rebuild trust through transparent and inclusive processes, beyond formal meeting structures. The effectiveness of planned public hearings and potential advisory committees will be critical indicators.