2024-03-20: Select Board

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

Swampscott Select Board Meeting Analysis: March 20, 2024

Section 1: Agenda

Based on the transcript, the likely agenda followed during the meeting was:

  1. Call to Order & Pledge of Allegiance 0:34
  2. Town Administrator’s Report 1:02
    • FY25 Budget Presentation & Finance Committee Review
    • Hawthorne Vision Presentation Update (April 3rd)
    • Building Department Permit Activity & Enforcement
    • Community Development Zoning Updates
    • Hadley School/Hotel RFP Progress (Clearview)
    • Kings Beach Phase 2 Investigations & Remediation Update (EPA/DEP)
    • Recreation Department Updates (Events)
    • Elm Place Construction Update
    • Traffic/Transportation Efforts (Humphrey/Forest/Atlantic/Puritan) & Grant Status
    • MBTA 3A Zoning / ADU / Nonconforming Homes / Liquor Bylaw Updates (Public Hearings)
    • Senior Center Updates (Healthy Aging Program, Dishwasher)
    • Town Clerk Updates (Elections, Early Voting)
    • Library Updates (Nobles Board, Library of Things - CO Detectors)
    • DEI Consultant Shortlist
    • Staffing Updates (Assistant Engineer, Benefits Coordinator)
    • Public Safety Task Force Update
    • Chapter 61D (Tedesco Tax) Home Rule Petition Update
  3. Public Comment 20:50
    • Statement by Chair regarding MCAD Complaint Release
    • Comment from Katie Arrington (Select Board Candidate)
  4. New and Old Business (Discussions & Possible Votes)
    • Discussion & Vote: Renew Use & Occupancy Agreement for Anchor Pantry 24:19
    • Discussion & Vote: Holcim-NER (Aggregate Industries) Annual Earth Removal Permit Extension 29:58
    • Discussion & Vote: Purchase of 12-24 Pine Street 31:04
    • Discussion/Update: Community Preservation Act (CPA) 42:17
    • Overview: Annual Town Meeting Warrant Topics 1:13:42
      • Review of Draft Articles (Financial, Capital, Zoning, Miscellaneous)
      • Discussion on Potential Future Articles (Leaf Blower, Retention/Recruitment Fund)
  5. Votes of the Board
    • Approval of Consent Agenda (with removal of Minutes) 1:32:34
  6. Select Board Time / Member Updates 1:33:36
    • High School Musical (Seussical) Announcement
    • Hadley Hotel Project Updates / Communication
    • Committee Updates (Retirement Board, Health Department, Solid Waste)
    • Kings Beach State Revolving Fund Application Update
    • Potential Town Meeting Articles (Renewable Energy, Historical, Affordable Housing)
    • Glover House Update
    • Coastal Resiliency / Grants Update
    • Federal Grant Seeking Efforts
  7. Adjournment 1:44:25

Section 2: Speaking Attendees

  • Sean Fitzgerald (Town Administrator): [Speaker 1]
  • Doug Thompson (Select Board Member): [Speaker 2]
  • Peter Kane (Director of Community and Economic Development): [Speaker 3]
  • David Eppley (Select Board Chair): [Speaker 4]
  • MaryEllen Fletcher (Select Board Member): [Speaker 5]
  • Peter Spellios (Select Board Member): [Speaker 6]
  • Katie Phelan (Select Board Member): [Speaker 7]
  • Katie Arrington (Public Commenter, Select Board Candidate): [Speaker 8]
  • (Unidentified Speaker - minor interjections): [Speaker 9]

Section 3: Meeting Minutes

1. Call to Order & Pledge: Chair David Eppley called the meeting to order at 0:34 and led the Pledge of Allegiance.

2. Town Administrator’s Report: 1:02 Town Administrator (TA) Sean Fitzgerald presented a comprehensive report covering numerous town initiatives. Key highlights included: * FY25 Budget: Officially presented; Finance Committee review underway. TA Fitzgerald characterized the budget as “tight” (<3% increase) but supportive of core functions, noting pressure from the school budget (>4% increase) 1:07. * Hawthorne Vision: A presentation is scheduled for April 3rd following extensive community engagement 2:09. * Hadley Hotel RFP: Clearview selected; due diligence proceeding 3:14. * Kings Beach: Phase 2 EPA consent order work advancing, including sampling and CCTV inspections to identify illicit connections 3:34. Design completion targeted for Dec 2024, remediation in 2025. A detailed presentation with Kleinfelder planned for early April. * MBTA 3A/Zoning: Public meetings scheduled for March 27th and April 29th ahead of Town Meeting 6:09. * Other Updates: Increased building permits, Humphrey St. enforcement, traffic studies, failed pickleball grant effort 5:29, Senior Center programs, election preparations, Library Director appointment to Nobles board, DEI consultant search, staffing updates, Public Safety Task Force formation, and progress on the Chapter 61D home rule petition regarding Tedesco tax status 9:58.

*Board Discussion:*
*   Member MaryEllen Fletcher inquired about the projected FY24 budget shortfall mentioned previously; TA Fitzgerald indicated monitoring suggests budget targets will be met, though public safety overtime remains a pressure point [12:03](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=723s). Member Fletcher requested future discussion on recurring budget overruns [13:37](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=817s).
*   Member Fletcher asked about forming a citizen committee for the Hadley project; TA Fitzgerald suggested waiting until after the due diligence phase [14:10](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=850s).
*   Member Fletcher requested a financial update on the Kings Beach $2.5M allocation and the status of related studies (acid test) [14:49](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=889s); TA Fitzgerald promised an update, noting the complexity of the regulatory process [15:17](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=917s).
*   Member Fletcher inquired about the Senior Center dishwasher status [16:05](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=965s); TA Fitzgerald confirmed they are working on it, citing an $8k estimate and exploring funding options within the FY24 budget [16:49](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=1009s).
*   Member Doug Thompson asked if the Kings Beach design process could be expedited [18:13](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=1093s); TA Fitzgerald acknowledged the frustration but noted the importance of thorough data collection, promising to ask Kleinfelder [18:49](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=1129s).
*   Member Thompson asked for an update on the Health Department's opioid fund spending vote; TA Fitzgerald will follow up [19:30](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=1170s).
*   Member Fletcher requested future updates on I&I (Inflow & Infiltration) and the seawall [20:17](https://www.youtube.com/watch?v=Lj7jvxZ990Q&t=1217s).

3. Public Comment: 20:50 * Chair Eppley made a statement regarding the Select Board’s vote to release the Town’s response memorandum to a previously publicized MCAD complaint, citing the need for transparency while protecting employee rights 20:50. * Katie Arrington, Precinct 1 resident and Select Board candidate, introduced herself and outlined her reasons for running, emphasizing community service, representing all residents, addressing senior needs, ensuring Pine Street veterans’ housing completion, fiscal responsibility for the school project, and promoting positive discourse 21:58.

4. Anchor Pantry Use & Occupancy Agreement: 24:19 TA Fitzgerald recommended a one-year extension (to May 17, 2025) for the Anchor Food Pantry’s use of 86 Burrill St., highlighting the critical service provided 24:44. Member Peter Spellios asked if Anchor requested only one year, expressing concern about providing them stability 26:16. TA Fitzgerald clarified the immediate goal was preventing a lapse 26:21. Member Spellios emphasized Anchor’s vital role and urged the TA to treat them as a key partner in future planning 28:02. Member Katie Phelan confirmed notice periods in the lease 27:15. * Motion: Member Phelan moved to approve the use and occupancy agreement as revised (through May 17, 2025) 29:28. * Second: Chair Eppley. * Vote: Approved unanimously (Aye). * Member Phelan noted donation opportunities at Town Hall and via Anchor’s Facebook page 29:43.

5. Aggregate Industries Earth Removal Permit: 29:58 TA Fitzgerald recommended extending the permit through June 30, 2024, to allow continued negotiation on outstanding issues 30:12. * Motion: Member Spellios moved to extend the permit through June 30, 2024 30:53. * Second: Member Thompson (Implied). * Vote: Approved unanimously (Aye).

6. Pine Street Property Purchase (12-24 Pine St.): 31:04 TA Fitzgerald reported progress on acquiring the property for veterans’ housing, consistent with Town Meeting authorization 31:27. The purchase price remains $1.7M, with funds held in escrow until the current owner demolishes the building (within 75 days of closing) per environmental standards 32:08. TA Fitzgerald estimated demolition could occur within a month 33:10. * Member Spellios cautioned against setting firm timing expectations due to ongoing negotiations but stressed the importance of immediately updating Pine Street neighbors about the demolition plan and rationale (safety vs. vacant building blight) 34:00. He emphasized the Town’s responsibility to secure and maintain the vacant lot afterwards, potentially for 18+ months 35:36. * TA Fitzgerald agreed on neighbor communication and meeting plans, including potential involvement of B’nai B’rith 36:36, 37:29. * Member Thompson acknowledged the long effort involved and the significance of reaching this milestone, while agreeing on the need for planning and communication 38:04. * TA Fitzgerald thanked veterans groups, state officials (Undersecretary Bennett), VSO Mike Sweeney, and the Board for their leadership and work 39:07. Member Thompson urged re-engagement with veterans 41:42. Chair Eppley affirmed the collective effort 41:22. The Board agreed to schedule a neighborhood meeting within two weeks 42:13. * Motion: Member Spellios moved to authorize the TA to accept the deed for 12-24 Pine Street, subject to finalizing an escrow agreement detailing the seller’s demolition obligations within 75 days 40:28. * Second: Member Phelan. * Vote: Approved unanimously (Aye).

7. Community Preservation Act (CPA) Update: 42:17 Member Thompson presented an overview of the CPA, explaining it as a smart growth tool funded by a local property tax surcharge (up to 3%) and state matching funds 42:28. He highlighted that 195 MA communities (70%) already participate 44:42. Funds must support affordable housing, historic preservation, and open space/recreation (minimum 10% each annually) 48:08. Adoption requires majority votes at both Town Meeting and a town election (likely November ballot) 49:34. Funds likely wouldn’t flow until 2026 50:10. * TA Fitzgerald emphasized the Town’s history of not taxing to the full 2.5% levy limit, building $8M in reserve capacity, and argued CPA would enhance affordability by using state funds for projects currently funded 100% locally 51:29. * Member Thompson showed an analysis illustrating potential costs: for an average $896k home, a 1% surcharge (with $100k exemption) would cost approx. $92/year, generating ~$500k locally before state match 57:11. He noted 1-1.5% is common now 59:49. * Chair Eppley spoke passionately about the benefit for entities like the Affordable Housing Trust, providing recurring revenue 1:01:52. * Member Phelan asked about changing the surcharge % (requires new votes) and the average % used (now 1-1.5%) 59:20. She clarified the decision process: CPC recommends, Select Board reviews, Town Meeting approves appropriations 1:03:05. * Member Fletcher requested data on historical state match percentages and Swampscott’s spending in CPA categories over 5 years 1:05:51. She raised concern about layering a CPA surcharge onto potential future tax increases if the town needs to tax closer to the levy limit 1:06:41. Member Thompson clarified the surcharge calculation (percentage of the tax bill, not assessed value) 1:07:16. * Member Phelan argued CPA ensures funding for “luxury” items like historic preservation that often get cut, especially if budgets tighten 1:09:00. TA Fitzgerald agreed CPA addresses underfunded areas 1:11:05. * Next steps involve further meetings of an ad hoc group (to be made public), gathering feedback, and returning to the Select Board with a specific surcharge/exemption recommendation 1:12:32. Member Phelan suggested publicizing meetings via Facebook 1:13:34.

8. Annual Town Meeting Warrant Overview: 1:13:42 Peter Kane, Director of Community and Economic Development, presented a draft list of potential articles via Teams 1:14:13. * Standard/Financial: Reports, Prior Year Bills, FY25 Budget, Retention/Recruitment Stabilization Fund, Water/Sewer Transfers, Opioid Settlement Transfer, Andrews Chapel Revolving Fund, Historical Commission Revolving Fund increase, (Placeholder for CPA). * Capital: Chapter 90, Capital Projects List. * Zoning: ADU Bylaw Correction, Liquor Establishment Location (removing 200ft restriction), Nonconforming Single/Two-Family Structures (clarification/MGL alignment), MBTA Communities Multifamily Overlay Zoning (compliance). An info session on zoning articles is scheduled for March 27th 1:17:54. * Miscellaneous: Elm Place Easements (Parking/Sidewalks), Archer Street Trail Grant Appropriation (Land & Water Conservation Fund). * Removed Article: A potential Seawall article was removed pending further review by the Conservation Commission and Town Counsel 1:21:45. * Discussion: Member Fletcher asked about the Retention/Recruitment Stabilization Fund 1:25:38. TA Fitzgerald explained it aims to buffer the operating budget from unexpected costs related to retirements (payouts) and recruitment/retention challenges (academy costs, market adjustments) 1:25:53, 1:28:27. Member Phelan added it could help retain employees offered higher salaries elsewhere 1:31:39. The board discussed distinguishing it from the standard Salary Reserve line item 1:30:25. * Member Fletcher requested adding a Leaf Blower article 1:24:35; TA Fitzgerald confirmed they are looking into it 1:24:49. Member Thompson noted the current bylaw takes effect in May 1:25:00. * The warrant will be formally opened at a future meeting (likely April 3rd) 1:25:23.

9. Consent Agenda: 1:32:34 The board reviewed the consent agenda. Member Phelan confirmed a check on liability insurance for a liquor license 1:32:55. Chair Eppley requested removing the minutes from Feb 7, 12, 28 for further review 1:33:19. * Motion: To approve the consent agenda excluding the minutes from Feb 7, 12, 28. (Motion implicit, assumed by Chair Eppley). * Second: Member Phelan. * Vote: Approved unanimously (Aye).

10. Select Board Time: 1:33:36 * Chair Eppley announced the High School musical “Seussical” (April 4-6) 1:33:36. * Member Phelan encouraged residents to follow Hadley Hotel progress on the town website 1:34:44. * Member Fletcher provided committee updates: Retirement Board public meeting (March 25th), Health Dept. discussion on tobacco/smoking regulations (Board of Health vote needed, not warrant article 1:36:53), Solid Waste goal setting 1:35:54. * Member Thompson provided updates: Kings Beach SRF application is proceeding 1:37:33; heard rumblings of potential warrant articles from Renewable Energy, Historical Comm., and Affordable Housing - urged committees to submit ASAP 1:38:37; Glover House assessment ongoing (~75% potentially salvageable, complex negotiations) 1:39:59; Coastal Resiliency efforts coordinating multiple grants (MVP, Hazard Mitigation Plan, CZM) and committees 1:41:09. * Member Fletcher asked about coordination on resiliency grants; Member Thompson confirmed inter-committee work led by staff 1:42:12. TA Fitzgerald noted the state’s “one-stop” application helps 1:42:49. Member Fletcher asked about Swampscott’s success with federal grants; TA Fitzgerald acknowledged room for improvement and agreed to invite Rep. Moulton’s office 1:43:15.

11. Adjournment: 1:44:25 * Motion: Member Spellios moved to adjourn 1:44:25. * Second: Chair Eppley. * Vote: Approved unanimously (Aye).

Section 4: Executive Summary

The Swampscott Select Board met on March 20, 2024, advancing several key initiatives and previewing topics for the upcoming Annual Town Meeting.

Major Project Milestones:

  • Pine Street Veterans Housing: The Board voted unanimously to authorize the Town Administrator to finalize the purchase of 12-24 Pine Street 40:28. This marks a significant step after extended efforts to acquire the property for affordable veterans’ housing. The $1.7M deal includes an escrow agreement requiring the seller to demolish the existing building within 75 days of closing. Board members emphasized the need for prompt communication with neighbors regarding demolition plans and site maintenance 34:00, 36:36, with a neighborhood meeting planned within two weeks 42:13. This project represents a tangible effort to address veteran homelessness 39:07.
  • Community Preservation Act (CPA): The Board received a detailed presentation on the CPA from Member Doug Thompson 42:28. This initiative, adopted by 195 MA towns, would add a small surcharge (likely 1-1.5%) to property tax bills, generating local funds matched by the state for affordable housing, historic preservation, and open space/recreation. Proponents argued it leverages state money for community priorities 51:29 and ensures funding for areas often cut from tight budgets 1:09:00. Concerns were raised about the additional tax burden 1:06:41. The Board intends to bring a CPA proposal to Town Meeting in May, requiring subsequent approval by voters in November 49:34. Public meetings will be held for input 1:13:34.
  • Kings Beach Remediation: Town Administrator Sean Fitzgerald reported ongoing Phase 2 work under an EPA order, including extensive pipe inspections 3:34. Design work is expected by December 2024, with remediation in 2025. An update with engineers is planned for April. Member Thompson reiterated board interest in expediting the process if possible 18:13. The town is pursuing State Revolving Fund (SRF) financing 1:37:33.
  • Hadley School Reuse (Hotel): The selected developer (Clearview) is proceeding with due diligence 3:14. Member Phelan highlighted online resources for tracking progress 1:34:44. A citizen advisory committee may be formed later 14:10.

Town Operations & Finance:

  • FY25 Budget: The budget has been presented and is under Finance Committee review. TA Fitzgerald noted it’s a “tight” budget (<3% increase) facing pressure from school needs 1:07. Member Fletcher continued to probe potential FY24 budget shortfalls and recurring departmental overages 12:03, 13:37.
  • Annual Town Meeting Warrant: A preliminary list of articles was reviewed 1:13:42, including standard financial items, capital requests, zoning changes (ADU correction, liquor establishment location, nonconforming structures, MBTA communities compliance), and project-specific articles (Elm Place easements, Archer Street trails). A potential article establishing a Retention/Recruitment Stabilization Fund was discussed 1:25:38. A Leaf Blower bylaw amendment may also be added 1:24:35. Zoning articles will be discussed at a public info session on March 27th 1:17:54.
  • Anchor Pantry: The food pantry’s lease at the former police station was renewed for one year 29:28, ensuring continuity of this vital service while longer-term plans are considered.
  • Aggregate Industries: The earth removal permit was extended briefly to June 30th to allow further negotiations 30:53.

Community Engagement & Governance:

  • The Board publicly released the Town’s response to an MCAD complaint involving town employees, citing transparency interests 20:50.
  • Public comment included a statement from Select Board candidate Katie Arrington 21:58.
  • Member updates covered various committee activities, including resiliency planning efforts coordinating multiple grant opportunities 1:41:09.

Overall, the meeting demonstrated the Board actively managing major town projects, navigating budget constraints, preparing for Town Meeting, and addressing operational needs, with significant progress on the long-awaited Pine Street acquisition.

Section 5: Analysis

The March 20, 2024, Swampscott Select Board meeting showcased a board managing multiple complex initiatives while navigating fiscal pressures and preparing for Annual Town Meeting. The dynamics observed, grounded solely in the transcript, offer insight into the board’s priorities and operational style.

Effectiveness of Presentations & Arguments:

  • Town Administrator’s Report: TA Fitzgerald’s report 1:07 was comprehensive, effectively briefing the board on a wide array of activities. His responses to follow-up questions, particularly regarding the Senior Center dishwasher 16:49 and Kings Beach complexities 15:17, demonstrated detailed operational knowledge, though Member Fletcher’s persistent questioning 12:03, 16:05 suggested a desire for more proactive updates or faster resolution on certain items flagged previously.
  • Pine Street Advancement: The discussion 31:04 reflected a culmination of significant effort. While TA Fitzgerald focused on the mechanics of the deal, Member Spellios’s forceful arguments for immediate and thorough neighbor communication 34:00, 37:29 appeared highly effective in shaping the board’s near-term actions, grounding the logistical step in community impact. Member Thompson’s observation 38:04 about the “subdued” tone aptly captured the weight of remaining tasks despite the milestone.
  • CPA Introduction: Member Thompson delivered a clear, structured presentation on the CPA 42:28, effectively leveraging the arguments of state match benefits and widespread adoption by other towns 44:42. TA Fitzgerald’s supporting comments linking CPA to existing fiscal prudence 51:29 strengthened the case. Member Fletcher’s pointed questions 1:06:41 about the tax impact served as a necessary stress test. Member Phelan’s counter-argument 1:09:00 about funding “luxuries” provided a compelling rationale beyond pure fiscal mechanics, effectively framing CPA as a strategic choice for preserving community character. The overall discussion suggested the board is well-prepared to advocate for CPA but anticipates needing robust public engagement.
  • Warrant Article Rationale: The rationale for the proposed Retention/Recruitment Stabilization Fund 1:25:38 initially caused confusion, blurring with retirement payouts and salary reserves. TA Fitzgerald’s subsequent examples 1:28:27, clarified by Member Phelan 1:31:39, eventually sharpened the justification around recruitment costs and market competitiveness, but the initial ambiguity suggests the need for clearer messaging to Town Meeting.

Board Dynamics & Priorities:

  • The board operated collaboratively, with members often building on each other’s points (e.g., Pine St. communication, CPA funding rationale).
  • Fiscal responsibility and operational efficiency remain clear priorities, evidenced by Member Fletcher’s consistent budget scrutiny 12:03, 13:37 and the discussion surrounding the stabilization fund.
  • Community engagement and communication emerged as critical themes, particularly regarding Pine Street neighbors 34:00 and the CPA rollout 1:13:34. Member Spellios, in particular, positioned proactive communication not just as good practice but as essential given existing neighborhood pressures.
  • There’s a palpable focus on long-term strategic projects (Pine Street, CPA, Kings Beach, Hadley, Hawthorne), balanced against immediate operational needs (Anchor Pantry lease, Aggregate permit, Senior Center dishwasher). The board appears committed to advancing these major initiatives despite their complexity and extended timelines.
  • The handling of the MCAD complaint release 20:50 indicated a deliberate attempt by the Chair, on behalf of the board, to balance transparency with employee privacy obligations in a sensitive situation.

Overall Impression: The meeting portrayed an engaged board actively grappling with significant town issues. While generally unified on major directions like Pine Street and CPA, the discussions revealed ongoing attention to fiscal details, project execution timelines, and the critical importance of community communication for successful implementation. The effectiveness of future initiatives, particularly CPA and warrant articles like the stabilization fund, will likely depend on clear, consistent messaging addressing the concerns voiced during this meeting.