2024-07-23: Select Board

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

Swampscott Select Board Meeting Analysis: July 23, 2024

1. Agenda

Based on the transcript, the likely agenda for the meeting was:

  1. Opening & Pledge of Allegiance 0:00:05
    • Call to Order, Apologies, Acknowledgements
    • Pledge of Allegiance led by Stella and Jack Phelan
  2. Public Comment (Non-Agenda Items) 0:02:15
    • Comment from John [Name not fully stated] regarding field permitting and enforcement 0:03:06
  3. Discussion and Possible Vote: VOTES Act Early Voting Hours 0:05:51
    • Presentation by Town Administrator Sean Fitzgerald 0:06:15
    • Vote on proposed early voting schedule 0:07:24
  4. Discussion and Possible Vote: Non-Union Contracts 0:07:35
    • Treasurer-Collector (Patrick Luddy) 0:07:52
    • Building Commissioner (Steve Cummings) 0:10:40
    • Police Chief (Ruben Posada) 0:15:31
    • Fire Chief (Graham Archer) 0:26:22
    • Public Comment on Contracts (Bill Demento) 0:30:48
  5. Discussion and Possible Vote: Housing Production Plan (HPP) 0:32:29
    • Presentation/Update by Town Administrator Sean Fitzgerald 0:32:36
    • Board Discussion and Vote 0:34:12
  6. Discussion: Rodent Control 0:37:01
    • Introduction by Chair Fletcher 0:37:01
    • Update by Town Administrator Sean Fitzgerald 0:38:02
    • Presentation by Health Director Jeff Vaughn 0:39:46
    • Board Discussion 0:48:31
  7. Discussion: Appointment Process for Boards and Commissions 0:56:43
  8. Discussion: Reddington Street Traffic Pattern 1:03:47
    • Introduction by Chair Fletcher 1:03:47
    • Update by Town Administrator Sean Fitzgerald 1:04:23
    • Public Comment (Brian Dominic) 1:06:54
    • Board Discussion on next steps 1:05:38
  9. Update: Infiltration & Inflow (I&I) Offset Policy 1:07:39
    • Introduction by Town Accountant Amy O’Malley (?) 1:07:53
    • Presentation by Town Accountant Amy O’Malley 1:07:59
    • Board Discussion 1:10:18
  10. Update: Water and Sewer Infrastructure Advisory Committee (WSIAC) 1:24:05
    • Introduction by Chair Fletcher 1:24:05
    • Presentation by WSIAC Chair Liz Smith and Vice Chair Chris Lafley 1:26:35
    • Board Discussion 1:43:31
    • Public Comment (Andrea Omori [Remote], Dr. Art Friedman, Brian Dominic) 2:26:45
  11. Town Administrator’s Report (Skipped) 2:36:34
  12. Consent Agenda 2:36:47
    • Approval of Meeting Minutes (Various dates, discussion focused on 4/17/24 and 5/29/24 format) 2:37:10
    • Permission for Chabad House 5K event 2:42:53
  13. Select Board Time (Member Updates & Announcements) 2:43:43
  14. Adjournment 2:46:56

2. Speaking Attendees

  • MaryEllen Fletcher (Select Board Chair): [Speaker 4]
  • Sean Fitzgerald (Town Administrator): [Speaker 3]
  • David Grishman (Select Board Member): [Speaker 8]
  • John (Resident, Name not fully stated): [Speaker 12]
  • Stella Phelan (Child Resident): [Speaker 16] (Leading Pledge)
  • Jack Phelan (Child Resident): [Speaker 16] (Mentioned by sister)
  • Peter Spellios (Select Board Member): [Speaker 19], [Speaker 21], [Speaker 18] (Based on limited interjections, participation in votes, and process of elimination - lower certainty)
  • Liz Smith (Select Board Member / WSIAC Chair): [Speaker 2]
  • Doug Thompson (Select Board Member): [Speaker 6]
  • Diane Modica (Town Clerk / Staff): [Speaker 17]
  • Danielle Strauss (Select Board Member): [Speaker 10]
  • Katie Phelan (Select Board Member): [Speaker 5]
  • Bill Demento (Resident): [Speaker 15] (Remote Commenter)
  • Jeff Vaughn (Health Director): [Speaker 7]
  • Brian Dominic (Resident / WSIAC Alternate Member): [Speaker 14]
  • Amy O’Malley (Town Accountant): [Speaker 20], [Speaker 11]
  • Dr. Art Friedman (Resident, Pct 4): [Speaker 13]
  • Chris Lafley (WSIAC Vice Chair): [Speaker 1]
  • Andrea Omori (Resident / Advocate): [Speaker 9] (Remote Commenter)
  • Steve Cummings (Building Commissioner): (Mentioned as present 11:08, possible interjection 1:18:04, confirmed present by Amy O’Malley 1:07:59)
  • Gino Cresta (DPW Director): (Mentioned in context [3:31, 1:17:25, 1:26:35, 2:09:37])

3. Meeting Minutes

Call to Order & Pledge: Chair MaryEllen Fletcher called the meeting to order, apologized for lateness, and thanked Daniel Moresky for video support 0:00:05. Stella and Jack Phelan led the Pledge of Allegiance 1:13.

Public Comment (Non-Agenda): John [Name not fully stated] requested the Board schedule a discussion on field permitting processes and bylaw changes for police enforcement, citing issues with non-resident use, field damage ($20,000+ maintenance cost mentioned), trash, and misuse of a specific soccer field. He noted confusion over Recreation vs. Athletic Director permitting authority and a denied public records request for the city of origin of vehicle owners using the field [3:11 - 5:50].

Early Voting Hours: Town Administrator (TA) Sean Fitzgerald presented the state-mandated early voting hours for the upcoming election cycle (Aug 24, 26-29), totaling 54 hours 6:15. Member Spellios moved to approve, Member Smith seconded. Motion passed unanimously [7:24 - 7:52].

Non-Union Contracts: The TA presented four contract extensions, emphasizing performance, qualifications, and market competitiveness. Board members Doug Thompson and Liz Smith elaborated on the extensive work done in executive session to benchmark salaries against peer communities and establish clearer performance metrics, justifying consideration of contracts expiring in 2025 [18:24, 20:07].

  • Treasurer-Collector (Patrick Luddy): TA Fitzgerald recommended extension, highlighting Luddy’s Master’s degree, certification, and role in achieving the AAA bond rating. Proposed salary increases to $105k (FY25), $107.6k (FY26), $110.3k (FY27) plus bonuses/stipends 7:52. Member Grishman moved approval, Chair Fletcher seconded. Discussion clarified the current contract was expiring. Motion passed unanimously [9:43 - 10:40].
  • Building Commissioner (Steve Cummings): TA Fitzgerald praised Cummings’ work, including digitizing records and managing the regional role with Marblehead. Proposed salary increases to $115k (FY25), $120k (FY26), $125k (FY27) plus performance bonuses and longevity 10:40. Some confusion arose regarding document versions and bonus types (retention vs. performance), clarified by staff and members 13:24. Member Thompson moved approval with corrected terms (performance bonus replacing retention bonus, specific longevity timing). Member Smith seconded. Motion passed 4-1, with Chair Fletcher voting no, stating her principle of not approving contracts not expiring in the current fiscal year [14:02 - 15:31].
  • Police Chief (Ruben Posada): TA Fitzgerald commended Chief Posada’s leadership, particularly in hiring post-Civil Service exit. Proposed salary increases to $175k (FY25), $180k (FY26), $185k (FY27) plus uniform allowance, longevity, and performance bonuses 15:32. Chair Fletcher questioned if terms beyond salary (e.g., vacation) had changed from the existing contract 17:28. After review, it was noted some standard clauses (vacation, command vehicle) appeared missing from the draft presented [22:04, 23:53]. Member Thompson proposed amending the motion to explicitly state all other contract terms remain the same as the prior contract 25:42. Member Phelan moved approval with the amended language specifying salary, allowances, bonuses, and confirming other terms remain unchanged 25:06. Member Thompson seconded. Motion passed 4-1, with Chair Fletcher voting no for the same reason stated previously [26:00 - 26:22].
  • Fire Chief (Graham Archer): TA Fitzgerald lauded Chief Archer’s 35-year service, leadership, and role as Emergency Management Director. Proposed salary increases to $159k (FY25), $164k (FY26), $169k (FY27) plus EMD stipend, uniform allowance, longevity, and performance bonus, with other terms remaining the same 26:22. Member Thompson moved approval 28:14. Member Grishman seconded, adding effusive personal thanks to Chief Archer for his service and leadership 29:03. Motion passed 4-1, with Chair Fletcher again voting no due to the contract’s 2025 expiration date [29:46 - 30:05].

Public Comment on Contracts: Bill Demento (remote) strongly criticized the Board for approving contracts not yet expired, calling it “financially irresponsible” and “disgraceful,” arguing employees should honor existing agreements 31:05. Members Grishman and Smith stated for the record that they respectfully disagreed with Mr. Demento 32:21.

Housing Production Plan (HPP): TA Fitzgerald presented the updated HPP, required by the state, noting it incorporates recent housing project data and makes the town eligible for grants 32:36. Member Thompson moved approval, Member Phelan seconded. Motion passed unanimously [34:37 - 35:05]. Members Thompson and Phelan commented on the plan’s importance as a reflection of town values (affordability, senior housing, diverse community) and the need to actively implement it [35:05, 36:05].

Rodent Control: Chair Fletcher introduced the topic due to numerous complaints town-wide 37:01. TA Fitzgerald acknowledged the regional issue but stressed the need for local response, mentioning town pest control spending ($10k+), upcoming school garbage disposal removal, and planned public engagement 38:02. Health Director Jeff Vaughn presented on rodent education (causes, prevention focusing on food/shelter/water removal), identification (burrows, droppings, gnaw marks, runways), and the complaint process 39:46. A detailed discussion followed, with Member Strauss pressing for town-led actions beyond homeowner education 48:40. TA Fitzgerald referenced reviewing Boston’s plan and committed to developing a more proactive, targeted town response, potentially requiring additional funding 50:54. Member Phelan noted specific issues on Monument Ave and suggested barrel changes 53:02. The TA mentioned successful CO2 treatment used there recently 54:54. The Board agreed the TA and Health Director should develop a comprehensive plan with Solid Waste Committee input and report back [52:23, 54:27]. Chair Fletcher emphasized the issue at schools needs addressing 56:43.

Appointment Process: Chair Fletcher proposed a revised timeline and process for appointing residents to boards/committees, aiming for increased transparency and applicant review 57:01. Key elements included: annual advertising (Mar/Apr), application deadline (May 1), Select Board member grading/recommendations to liaisons, potential interviews, liaison recommendations, and June votes. Mid-year vacancies would involve reviewing existing applications plus 30-day advertising. Member Grishman suggested involving professional staff for technical committees 1:00:08. Member Phelan raised concerns about the 30-day vacancy posting delaying committee work, suggesting 14-15 days 1:01:12. The Board agreed to revisit the proposal at a future meeting 1:02:59. TA Fitzgerald noted he would advance some current reappointment recommendations soon 1:03:33.

Reddington Street Traffic: Chair Fletcher introduced discussion on potentially reverting Reddington St to two-way traffic, citing resident requests 1:03:47. TA Fitzgerald noted the street became one-way due to school relocation traffic and acknowledged requests for two-way, potentially beneficial for Hadley Hotel redevelopment. He mentioned some residents prefer one-way for safety and proposed bringing public safety/DPW for a formal recommendation 1:04:23. Resident Brian Dominic argued against reverting to two-way, citing safety concerns with the bump-out forcing cars into the oncoming lane when turning onto Humphrey St 1:06:54. The Board agreed to place this on a future agenda for public input and potential vote after hearing from town departments [1:05:47, 1:06:16].

I&I Update: Town Accountant Amy O’Malley presented an update on the Infiltration & Inflow (I&I) offset policy adopted in Dec 2021 1:07:59. The policy applies a fee ($5/gallon/day with a 4:1 offset ratio, based on $110/bedroom standard) for new sewer permits exceeding 1000 gal/day. Revenue collected since FY22 totaled approx. $60,000, far below initial $500k/year projections 1:10:52. TA Fitzgerald attributed the shortfall partly to a 40B project exemption by the ZBA and a post-pandemic lag in development 1:11:14. Discussion touched on tracking compliance (potential for undeclared bedrooms 1:13:38), the policy only applying to new construction/additions 1:14:24, potential expansion to commercial properties 1:18:04, and the purpose of the funds (proactive infrastructure repair, not just revenue 1:22:06). TA Fitzgerald suggested tasking the Water & Sewer Infrastructure Advisory Committee (WSIAC) with reviewing potential I&I policy enhancements and also evaluating a stormwater fee [1:18:55, 1:23:10].

WSIAC Update: Chair Fletcher thanked advocates for their work leading to the committee’s formation 1:24:05. WSIAC Chair Liz Smith (also SB Member) and Vice Chair Chris Lafley presented the committee’s progress since its Jan 2024 formation 1:26:35. Key activities included member education, reviewing financials/asset plan, monitoring EPA consent decree work, initiating intensive water testing (IDDE), and enhancing public communication. They detailed significant funding allocated ($6.5M+ since FY15, recent Town Meeting/ARPA funds accelerating spending for Kings Beach Phase 2 and Fisherman’s Beach/Marshall Outfall work) and a pending $3.5M state loan application 1:30:03. Vice Chair Lafley presented the beach water testing program 1:47:40. This volunteer-driven effort tests 6 locations daily at Fisherman’s Beach, plus outfalls, using newly acquired in-house equipment. Data is published on a public dashboard. Results highlighted extremely high bacteria levels at the Marshall St outfall (often maxing out tests, >100,000 CFU, hundreds of times higher than other outfalls 1:52:47) compared to relatively clean swimming areas nearby and other town beaches (tested weekly by Health Dept or occasionally by WSIAC). The presentation emphasized the strong correlation between rainfall and bacteria spikes 2:09:37 and the importance of public education (avoid swimming near outfalls or after rain). New outfall warning signs (multilingual) were installed/ordered 2:08:51. A new weather station on the pier will aid analysis 2:11:11. Future plans include developing a 5-year capital plan, exploring a stormwater utility, establishing service levels, and developing a sewer lateral policy 1:44:37. Extensive Q&A followed, covering testing frequency for other beaches (WSIAC believes current data doesn’t justify daily testing elsewhere but remains vigilant 2:15:40), the need for rain-based warnings/closures 2:20:22, King’s Beach data specific to the Swampscott side 2:22:15, and potential seasonality factors 2:27:06. Public commenters Andrea Omori and Dr. Art Friedman praised the work and offered suggestions (daily testing at Stacey’s Brook, social media alerts, beach warning flags) [2:27:06, 2:32:16].

Consent Agenda: The Board discussed the format for including public comments in minutes, specifically for the April 17 minutes where a resident requested verbatim inclusion 2:37:10. Member Grishman initially preferred summarizing comments with attachments for consistency, while Chair Fletcher argued for verbatim inclusion if requested by an in-person speaker [2:38:50, 2:39:19]. Member Phelan proposed a motion for consistency: include full text (verbatim if provided) for both in-person and emailed comments directly in the minutes, not as attachments, applying this standard going forward 2:41:29. Member Strauss seconded. The Board voted to approve the consent agenda (including minutes from 4/17, 5/1, 5/15, 5/29, 6/5, 6/12 and permission for Chabad House 5K), excluding the 6/29 minutes (pulled for incompleteness), using the agreed-upon format for public comments. Motion passed unanimously [2:42:25 - 2:43:43].

Select Board Time: Member Grishman thanked organizers of the “Jaws” movie night and promoted the upcoming Bentwater beer garden event 2:43:44. Member Thompson requested future agenda items: goal-setting follow-up, financial summit planning, and Select Board handbook approval 2:44:51. Member Phelan confirmed committee appointments are on the next agenda 2:45:27. Chair Fletcher requested exploring showing the Olympics using town equipment and asked for assessment of ADA compliance issues on upper Humphrey Street sidewalks 2:45:45. TA Fitzgerald agreed to follow up 2:46:46.

Adjournment: Member Spellios moved to adjourn, Member Smith seconded. Motion passed unanimously 2:47:02.

4. Executive Summary

This Swampscott Select Board meeting covered significant operational decisions, financial matters, and updates on key town infrastructure and public health issues.

Key Decisions & Approvals:

  • Early Voting Hours: Mandated hours for the upcoming election were formally approved 7:34.
  • Non-Union Contracts: Extensions for the Treasurer-Collector, Building Commissioner, Police Chief, and Fire Chief were approved, featuring salary increases and performance incentives [9:43 - 30:05]. These approvals came after considerable Board deliberation on market competitiveness and retention, although Chair Fletcher dissented on approving contracts not expiring in the current year, citing procedural principle [14:54, 26:00, 29:46]. Public commenter Bill Demento criticized these early renewals as fiscally irresponsible 31:05.
  • Housing Production Plan: The updated plan, outlining strategies to meet housing needs, was unanimously approved for submission to the state 34:37. Board members emphasized its role in reflecting Swampscott’s values regarding diverse and affordable housing [35:05, 36:05].
  • Consent Agenda & Minutes Policy: The Board approved standard items and established a new policy to include full public comments (verbatim if requested/provided) directly within meeting minutes, rather than summarizing or attaching them, applying this to both in-person and emailed remarks 2:41:29.

Major Discussions & Updates:

  • Rodent Control: Following resident complaints and Board concern, the Health Director presented current educational efforts 39:46. The Board pressed for more proactive town-led strategies beyond individual homeowner responsibility 48:40. The Town Administrator committed to developing a comprehensive action plan, incorporating input from the Solid Waste Committee and potentially requiring new funding [52:23, 54:27]. This issue, including problems at schools 56:43, will be revisited.
  • Water Quality & Infrastructure (WSIAC): The newly formed Water and Sewer Infrastructure Advisory Committee provided a detailed update on its work 1:26:35. Key takeaways include:
    • Accelerated Investment: Significant funds ($6.5M+ since 2015, plus recent Town Meeting/ARPA allocations) are being directed towards sewer system repairs, particularly targeting issues affecting King’s Beach and Fisherman’s Beach 1:30:03. Work on the highly contaminated Marshall Street outfall (Fisherman’s Beach) is expected to start Q4 2024 1:37:05.
    • Intensive Beach Testing: A volunteer-led program provides daily water quality data for Fisherman’s Beach via an online dashboard 1:50:10. Data confirms the Marshall Street outfall is a major pollution source 1:52:47, while swimming areas are often cleaner but can experience spikes, strongly correlated with rainfall 2:09:37. Other beaches tested weekly appear consistently cleaner based on available data [1:48:00, 2:00:28].
    • Public Education: New multilingual warning signs are being installed at beach outfalls, advising against contact 2:08:51. The committee stressed educating the public to avoid outfalls and swimming after rain 2:03:17.
    • Future Focus: The committee will develop long-term capital plans, explore a stormwater utility fee, address sewer lateral policies, and continue data analysis and public outreach 1:44:37.
  • I&I Policy: An update revealed the inflow/infiltration offset fee on new development has generated significantly less revenue ($60k since FY22) than initially projected ($500k/year) 1:10:52. The Board discussed potential reasons (exemptions, development lag) and tasked the WSIAC with exploring policy enhancements, potentially including commercial properties or a separate stormwater fee, to better fund infrastructure needs [1:18:55, 1:23:10].
  • Appointment Process: Chair Fletcher proposed a structured timeline and review process for board/committee appointments to enhance transparency 57:01. Discussion included staff involvement and vacancy timelines. The proposal will be refined and revisited 1:02:59.
  • Reddington Street Traffic: The Board considered resident requests to revert Reddington Street to two-way traffic but also heard safety concerns favoring the current one-way pattern [1:03:47, 1:06:54]. A decision was deferred pending input from public safety departments and further public comment 1:05:47.

Significance for Residents: The meeting addressed core quality-of-life issues: field use, voting access, public safety leadership, housing, rodent control, traffic, and beach water quality. Decisions on contracts impact town leadership stability and finances. The focus on infrastructure (water, sewer, drainage) reflects ongoing efforts to address long-term needs and environmental compliance, with the WSIAC’s data-driven approach offering new levels of transparency on beach safety, particularly highlighting issues at Fisherman’s Beach linked to the Marshall Street outfall and rainfall events. Discussions on rodent control and appointment processes signal ongoing efforts to improve town services and governance.

5. Analysis

This Select Board meeting demonstrated a board actively grappling with complex operational, financial, and infrastructure challenges, grounded in resident concerns and data.

Contract Approvals & Dissent: The approval of four significant non-union contracts highlighted a majority focus on retention, market competitiveness, and rewarding performance, explicitly articulated by Members Thompson and Smith [18:24, 20:07]. Their justification, referencing extensive executive session review and benchmarking, aimed to preempt criticism of renewing contracts before expiration. Chair Fletcher’s consistent “no” votes [14:54, 26:00, 29:46] established a clear, principled stance against the timing, separating her objection from the employees’ performance. This dissent, coupled with Mr. Demento’s pointed public criticism 31:05, underscores a tension between proactive personnel management aimed at stability and adherence to contractual timelines perceived as fiscal prudence. The Board majority’s argument appeared well-prepared and aimed at demonstrating due diligence.

Proactive vs. Reactive Governance: The rodent control discussion 37:01 exemplified the Board pushing the administration towards more proactive, town-wide solutions. Member Strauss’s critique 48:40 that the initial presentation focused too heavily on homeowner responsibility effectively shifted the conversation, leading to the TA’s commitment 50:54 to develop a broader municipal strategy. This interaction suggests the Board is responsive to resident pressure and unwilling to accept passive approaches to pervasive issues.

Transparency & Process: Chair Fletcher’s proposal for a revamped appointment process 57:01 clearly aims at enhancing transparency and systematic review, addressing potential criticisms of ad-hoc or opaque selections. The ensuing discussion, raising practical concerns about staff input 1:00:08 and efficiency 1:01:12, reflects the inherent balancing act between inclusivity and operational needs. Similarly, the debate over including verbatim comments in minutes 2:37:10 pitted direct transparency against established practice and consistency concerns, ultimately landing on a policy favoring fuller disclosure.

Data-Driven Decision Making (WSIAC): The WSIAC presentation 1:26:35 was a standout example of leveraging data and volunteer expertise to tackle a critical, high-profile issue. Vice Chair Lafley’s clear presentation of the testing methodology and findings 1:47:40, particularly the stark contrast between the Marshall Street outfall contamination and other areas/times, provided powerful evidence driving the conversation. The committee’s work appears to be effectively informing priorities (focus on Fisherman’s, Marshall outfall remediation) and public messaging (warnings about outfalls and rain). The discussion highlighted the power of localized, intensive data collection compared to broader, less frequent testing, while also managing expectations about expanding such intensive efforts town-wide without clear justification or significant resources 2:15:40. The volunteer component was rightly lauded 1:43:31, but implicitly raises questions about long-term sustainability and reliance on citizen initiatives for core monitoring functions.

Financial Realities & Infrastructure Needs: The I&I update 1:07:59 starkly illustrated the gap between projected revenues and reality for a specific funding mechanism. The subsequent discussion about expanding the fee base or introducing a stormwater fee [1:18:55, 1:23:10] underscores the ongoing pressure to fund aging infrastructure. Member Phelan’s comment framing these fees not as revenue grabs but as necessary investments in proactive maintenance 1:22:06 attempts to shape the narrative around these potentially unpopular measures.

Overall, the meeting showcased a Select Board engaged in detailed oversight, willing to debate process and policy, and responding to both data and resident input. While consensus was reached on most items, the contract votes and minutes discussion revealed differing perspectives on procedure and transparency, suggesting areas for potential ongoing friction or refinement of Board practices. The administration, particularly the TA, appeared responsive to Board direction while also managing multiple complex initiatives. The WSIAC’s impact demonstrates the potential effectiveness of focused citizen committees armed with expertise and data.