2025-01-22: Select Board Meeting

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

Swampscott Select Board Meeting Analysis: January 22, 2025

Section 1: Agenda

Based on the transcript, the likely agenda for the January 22, 2025, Swampscott Select Board meeting was:

  1. Call to Order & Opening Remarks 0:17
    • Acknowledgement of Production Crew
    • Pledge of Allegiance (Led by Big Blue Bargains representatives) 0:47
  2. Proclamation: International Holocaust Memorial Day (January 27, 2025) 1:23
  3. Public Comment 5:02
    • Brian Watson (Hawthorne/Horton site committee process) 6:11
    • Rachel Teradasch (Big Blue Bargains update and thanks) 9:24
    • Katie Arrington (Citizens’ Petition re: VFW/Pine St., request for Special Town Meeting) 11:32
    • Frank Smith (Transparency concerns, executive sessions, public records request) 13:25
    • Kevin Reen (Regarding signing the citizens’ petition, opposing Special Town Meeting) 17:42
    • Barbara DiPietro (Regarding signing the citizens’ petition, opposing Special Town Meeting, thanks for ice rink) 21:23
  4. Town Administrator’s Report 22:29
    • Moment of Silence (Heidi Scheer, Frank DeFelice) 22:41
    • Departmental Updates (UU Church Parking Agreement, Budget Meetings, Clearview/Hadley Site, Mission on the Bay Seawall, Stacy Brook/UV Pilot/Kings Beach, DPW Snow Removal/Sewer Projects, Finance/Budget/Capital, Community Development, Facilities/Town Clerk/Police/Health/HR/Rec/Senior Center/Library) 23:43
    • Board Questions & Discussion (UU Parking Details, UV Pilot Program Costs/Location/Timeline/Outreach, SRF Loans, Open Positions, Rat Situation Update Request) 29:10
  5. Finance Department Update: Six-Month Financial Report (FY25 Q2) 45:13
    • Revenue & Expenditure Overview 45:44
    • Specific Line Item Discussion (Meals/Rooms Tax, Cannabis Tax, Building Permits, Legal Costs, Police/Fire Overtime, Debt/Pension, Insurance Costs, Vacancies, Enterprise Funds - Sewer, Water, PEG, Solid Waste/Composting) 46:31
    • Budget Process Timeline Update 1:09:32
    • Board Questions & Discussion (Legal Cost Breakdown, Insurance Budgeting, Overtime Budgeting Process/Staffing Levels, Composting Costs/Revenue Offset) 51:28
  6. Town Administrator Search Committee Representative Appointment 1:24:11
    • Discussion on Process (Posting Application vs. Immediate Vote)
    • Decision to Post Application Publicly for ~8 days
  7. Discussion of Citizens’ Petition (Filed by Katie Arrington re: VFW/Pine St. Property Authority) 1:35:04
    • Review of Petition Language
    • Motion to Call a Special Town Meeting for March 24th 1:37:12
    • Discussion on Interpretation of Petition/MGL, Intent vs. Written Request, Legal Counsel Opinion, Precedent, Timing (Special vs. Annual Town Meeting)
    • Vote on Motion (Failed 2-3) 2:09:11
  8. Discussion and Vote: Establish Hawthorne Reuse Advisory Committee 2:09:51
    • Discussion on Committee Composition (Number of members, representation from FinCom/Planning/Open Space, citizen members, desired skills vs. open participation)
    • Vote to Establish an 11-Member Committee (1 FinCom, 1 Planning, 1 Open Space, 8 At-Large Citizen Members) 2:15:51
    • Discussion on Timeline and Process Facilitation 2:16:11
  9. Discussion and Vote: UU Church Parking License Agreement (Insurance Coverage) 2:23:09
    • Review of Agreement Requirement
    • Vote to Approve Insurance Coverage Agreement 2:24:30
  10. Discussion and Vote: Merge Climate Action and Resiliency Committees 2:24:55
    • Presentation of Rationale and Proposed Membership
    • Vote to Approve Merger and Appoint Liaison 2:27:26
  11. Ratification of Licenses (per Open Meeting Law requirement) 2:28:25
  12. Approval of Consent Agenda (Including Minutes) 2:32:42
  13. Select Board Time / Liaison Reports 2:32:56
    • Discussion on Releasing Executive Session Minutes 2:32:57
    • Member Commendations (Ice Rink, Big Blue Bargains) 2:36:29
    • Tri-Chair Update (School Budget Gap Discussion) 2:38:48
    • Other Committee Updates (Assessors, Council on Aging, Solid Waste) 2:44:40
  14. Adjournment 2:46:23

Section 2: Speaking Attendees

  • Mary Ellen Fletcher (Select Board Chair): [Speaker 1], [Speaker 19]
  • Students (Ellie, Maxie, Penny, Ben from Big Blue Bargains): [Speaker 15], [Speaker 17]
  • Katie Phelan (Select Board Member): [Speaker 3]
  • Brian Watson (Resident / Public Commenter): [Speaker 8]
  • Rachel Teradasch (Big Blue Bargains Board Member / Public Commenter): [Speaker 12]
  • Katie Arrington (Resident / Petitioner / Public Commenter): [Speaker 11]
  • Frank Smith (Resident / Public Commenter): [Speaker 9]
  • Kevin Reen (Resident / Public Commenter): [Speaker 10]
  • Barbara DiPietro (Resident / Public Commenter): [Speaker 13]
  • Gino Cresta (Acting Town Administrator): [Speaker 6]
  • Danielle Leonard (Select Board Member): [Speaker 4]
  • David Grishman (Select Board Member): [Speaker 7]
  • Amy Sarro (Town Accountant / Finance Director): [Speaker 2]
  • Doug Thompson (Select Board Member): [Speaker 5], [Speaker 16]
  • Diane Packer (Executive Assistant): [Speaker 14]
  • Staff Member (Name not stated): [Speaker 18]

Section 3: Meeting Minutes

Opening: Chair Mary Ellen Fletcher called the meeting to order at 0:17, acknowledging the Swampscott TV production crew. Students from Big Blue Bargains led the Pledge of Allegiance 0:49.

Proclamation: Member Katie Phelan read a proclamation declaring January 27, 2025, as Holocaust Memorial Day in Swampscott, commemorating the 80th anniversary of the liberation of Auschwitz-Birkenau and recommitting the town to combating anti-Semitism 2:21.

Public Comment 5:02:

  • Brian Watson urged the Board to ensure the future Hawthorne Reuse Advisory Committee follows a clear, open, and deliberative process, evaluating multiple options fairly before settling on a plan 6:11. He noted the advantage of not having consultant time pressures 9:07.
  • Rachel Teradasch, representing Big Blue Bargains, thanked the Select Board, School Committee, and community for their support in finding a new location at the Clark Portables (155 Norfolk Ave) and announced their grand opening for February 1st 9:24.
  • Katie Arrington, petitioner, requested the Select Board call a Special Town Meeting to address her citizens’ petition regarding the VFW/Pine Street property authority granted at the 2023 Annual Town Meeting 11:32. She framed it as a matter of “doing what’s right” and stated she had not received requested legal opinions from Town Counsel 11:43.
  • Frank Smith expressed support for Acting TA Cresta 13:25 and raised concerns about the frequency of executive sessions versus public debate, citing difficulties and costs associated with his public records request for communications between board members and the former TA 13:39. He emphasized the need for transparency 17:16.
  • Kevin Reen stated he signed Ms. Arrington’s petition but felt the details, specifically regarding triggering a Special Town Meeting, were not made clear and potentially deceitful 17:42. He opposed spending money on a Special Town Meeting with the Annual Town Meeting approaching 18:38. Ms. Arrington interjected, stating the petition was clear 20:14, which Chair Fletcher disallowed. Mr. Reen elaborated on the circumstances of being asked to sign 20:44.
  • Barbara DiPietro echoed Mr. Reen’s sentiment, stating she signed the petition without realizing it could trigger a Special Town Meeting, which she opposes due to cost 21:23. She thanked Acting TA Cresta for the Abbott Park ice rink 22:14.

Town Administrator’s Report 22:29: Acting TA Gino Cresta requested a moment of silence for residents Heidi Scheer and Frank DeFelice 22:41. He reported on:

  • An agreement with the UU Church for school staff parking (approx. 60 spaces) in exchange for town snow removal services 23:43. Discussion clarified it involves minimal cost and town insurance coverage 29:41. Access hours extend into evenings 31:11.
  • Preliminary FY26 school budget meetings 24:24.
  • Department Head expectation meetings completed; Town Hall Friday hours starting Feb 3rd 24:36.
  • Update meetings with Clearview representatives (Hadley site developer) regarding due diligence, which expires Feb 28th; a possible extension request may come [24:45, 40:50].
  • Ongoing talks with Mission on the Bay regarding seawall repairs [24:55, 42:42].
  • Discussions regarding a potential UV pilot program for Stacy Brook discharge 25:02. Extensive discussion followed regarding the pilot’s estimated cost increase (now $700k), the proposed temporary location near Humphrey St./Eastern Ave., the need for firm numbers, potential impacts on abutters, long-term costs, and the necessity of community outreach and more information before Board support [31:17 - 38:34, 39:45 - 40:41]. Acting TA Cresta noted step one is determining if the UV treatment works 37:37.
  • Opening bids for Kings Beach Phase 2A sewer rehab 25:33.
  • DPW snow removal commendation 25:42. Marshall Street sewer project progress 25:58.
  • Finance: Ongoing FY26 budget work, Capital Improvement Committee meetings 26:22.
  • Community Development: Networking with state officials for infrastructure support 26:54.
  • Various department updates including Auditorium lighting bids, new software for Town Clerk, Police accreditation/event support, Health Dept textile recycling data (11 tons diverted), HR meetings, Rec Dept summer planning, Senior Center events, Library entrance redesign bids 27:12.
  • Questions clarified UU parking serves all elementary staff 30:07. Discussion on SRF loan applications handled by Kleinfeld, with Chair Fletcher suggesting evaluating in-house options 43:36. Member Phelan requested a list of open town positions 44:51. Member Leonard requested an update on the rat situation, with Chair Fletcher emphasizing need for town actions, not just homeowner advice 38:38.

Finance Department Update (FY25 Q2) 45:13: Town Accountant Amy Sarro presented the mid-year financial report. Key points:

  • Revenues at 48%, Expenditures at 47% 45:44. Revenues slightly ahead of target; expenditures typically higher mid-year due to upfront payments 46:31.
  • Strong performance in Meals and Rooms taxes (Rooms at 168% of estimate) 47:18. Cannabis sales trending higher than anticipated 47:47. Building permits potentially trending below estimate 48:30. Over $200k in unanticipated past-due tax collections noted 49:08.
  • Expenditure concerns: Legal line trending over budget 49:45. Police and Fire overtime budgets were frozen Jan 2nd due to projected overspending ($200k-$400k); biweekly meetings ongoing 49:57. Member Grishman requested a detailed breakdown of legal expenses by subject matter 51:28. Property/casualty insurance line over budget due to new elementary school policy cost, finalized after initial budget 52:34.
  • Positive variances: Health insurance projected surplus (~$200k) 56:02. Salary savings from vacancies (Diversity Coordinator, Senior Planner, Building Inspector, Deputy Police Chief) 56:17. Acting TA Cresta confirmed active hiring for Planner and Inspector 58:04.
  • Enterprise Funds: Sewer revenue/expenditures tracked 58:37; negative retained earnings end FY24 due to project timing, expected to resolve FY25; plan remains to restore to 20% within 3 years 59:23. Water revenue/expenditures tracked, on target 1:01:45. PEG fund on target 1:03:31. Solid Waste revenue tracking normal (relies on year-end subsidy); composting costs rising due to vendor increases and contamination fees 1:03:59. Discussion confirmed composting doesn’t currently offset solid waste tonnage costs enough for expansion without increased subsidy 1:06:36.
  • Budget Process: Detailed discussion on FY26 overtime budget development for Police/Fire, involving breaking down costs (training, backfill, etc.) for better tracking and chief buy-in [1:12:17 - 1:22:04]. Acting TA Cresta noted Fire Dept now fully staffed, but Police face vacancies/disability coverage challenges [1:15:20, 1:22:04]. FY26 budget timeline reviewed; preliminary budget presentation scheduled for Feb 5th 1:09:32.

Town Administrator Search Committee Representative 1:24:11: The Board discussed appointing its representative to the TA Search Committee. Following discussion emphasizing the importance of the role and the desire for an open process (led by Member Grishman 1:25:34 and Member Leonard 1:28:03), the Board reached consensus to publicly solicit applications for the position for approximately 8 days, closing January 30th/31st. Applications received so far will be included. The Board will vote at its next meeting (early Feb).

Citizens’ Petition Discussion 1:35:04: The Board discussed the citizens’ petition submitted by Katie Arrington seeking to revoke the Board’s authority regarding the VFW/Pine Street properties. Member Thompson moved to call a Special Town Meeting (STM) on March 24th (earliest practical date due to auditorium availability) to address the petition 1:37:12, seconded by Member Grishman.

  • A significant debate ensued regarding whether the petition legally required an STM. Chair Fletcher and Member Leonard noted the petition form itself did not explicitly request an STM, referencing Town Counsel’s opinion which stated the Board could interpret the petitioner’s accompanying email as a request, or treat it as a standard petition for the next (Annual) Town Meeting warrant 1:59:41. They also cited public commenters who felt misled about the STM implication [1:40:02, 1:45:31].
  • Members Grishman and Thompson argued that Mass General Law (MGL Ch.39 Sec.10) mandates an STM upon written request of 200+ voters, interpreting the petition itself as the written request [1:42:42, 1:55:43]. They stressed the need for clarity for residents, veterans, and the developer (B’nai B’rith) sooner rather than later [1:44:43, 1:53:28].
  • Member Phelan expressed concern about setting a precedent by acting on intent (from the email) rather than the explicit written petition language 1:49:19. She suggested putting the article on the Annual Town Meeting warrant as a compromise that still ensures the topic is addressed by Town Meeting 1:50:58.
  • The motion to call the Special Town Meeting failed on a 2-3 vote (Thompson, Grishman in favor; Fletcher, Leonard, Phelan opposed) 2:09:11. The article will therefore automatically be placed on the warrant for the next Town Meeting (Annual Town Meeting in May, unless an STM is called for another reason prior).

Hawthorne Reuse Advisory Committee 2:09:51: The Board voted to formally establish the Hawthorne Reuse Advisory Committee with 11 members: 1 from Finance Committee, 1 from Planning Board, 1 from Open Space Committee, and 8 at-large citizen members 2:15:51. There was discussion about emphasizing specific skills (architecture, landscape, construction) versus broad citizen interest for the at-large seats, with the final motion focusing on open citizen membership 2:14:39. The Board requested input from the Planning Department on a potential timeline/charge for the committee, acknowledging public commenter Brian Watson’s point about flexibility but also Member Thompson’s call for structure and facilitation [2:16:11 - 2:23:08]. Applications are being accepted via the Community Development department 2:17:25.

UU Church Parking Agreement 2:23:09: The Board voted unanimously to approve the insurance coverage agreement required for the School Department’s license agreement with the UU Church for staff parking 2:24:30. Member Phelan’s prior review work was acknowledged 2:24:13.

Climate Action/Resiliency Committee Merger 2:24:55: Member Thompson presented the joint committee recommendation to merge the Climate Action Plan Steering Committee and the Resiliency Committee into a single entity for efficiency. He outlined the proposed 9 voting members and their focus areas 2:25:36. The Board voted unanimously to approve the merger 2:27:34. Member Thompson will serve as liaison (formerly a voting member).

License Ratifications 2:28:25: Due to an Open Meeting Law complaint regarding missing addresses in the December 18th approval, the Board re-ratified the annual renewals for Liquor 2:28:26, Common Victualler 2:29:52, Entertainment 2:31:39, and Class 2 2:32:30 licenses, reading the names and addresses of licensees into the record. All ratifications passed unanimously.

Consent Agenda 2:32:42: The consent agenda, including previous meeting minutes, was approved unanimously.

Select Board Time 2:32:56:

  • Member Leonard raised Frank Smith’s earlier comment, requesting clarification on the process and criteria for releasing executive session minutes 2:32:57. Member Phelan noted legal criteria exist, and Chair Fletcher agreed to bring information on the specific parameters to the next meeting for public clarification 2:34:04. Member Leonard expressed frustration with accusations of non-transparency and hoped clarifying the process would allow the Board to move forward 2:34:23.
  • Members Leonard and Phelan commended Acting TA Cresta and DPW for the popular Abbott Park ice rink [2:36:14, 2:37:46]. Member Phelan also praised Big Blue Bargains for securing their new space and their community contributions 2:36:42.
  • Chair Fletcher reported on Tri-Chair meetings regarding the FY26 budget, noting a gap exists between the town’s preliminary allocation outlook and the school department’s initial request (reported by Acting TA Cresta as a 5.7% increase proposal 2:41:18). A joint meeting with the School Committee and Finance Committee was scheduled for the next night for the Superintendent’s budget presentation 2:38:48. Discussion clarified the meeting format and purpose 2:40:58.
  • Chair Fletcher provided brief updates from Assessors (abatement process), Council on Aging (van issue), and Solid Waste Advisory Committee (preparing for landfill closures, rising costs) 2:44:40. She requested research on changing the ERAC committee composition 2:38:48.

Adjournment 2:46:23: The meeting was adjourned following a motion and unanimous vote.

Section 4: Executive Summary

This Swampscott Select Board meeting on January 22, 2025, addressed several key issues facing the town, including financial management, resident petitions, committee formation, and interdepartmental agreements.

Financial Health & Budget Process: Town Accountant Amy Sarro presented a generally stable mid-year financial report 45:13, with strong revenues from meals, rooms, and cannabis taxes offsetting potential shortfalls in building permits 47:18. Significant concerns remain regarding legal expenses and public safety overtime; the Police and Fire overtime budgets were frozen in early January due to projected overspending 49:57. The Finance Department detailed enhanced efforts to track and communicate overtime drivers with department chiefs for the upcoming FY26 budget 1:12:17. Enterprise funds showed mixed results, with sewer retained earnings still recovering from a prior timing issue 59:23 and composting costs rising 1:03:59. The FY26 budget process is underway, with a preliminary budget presentation slated for February 5th 1:11:08. Insight: The town’s finances appear stable overall, but managing public safety overtime remains a persistent challenge requiring ongoing attention and process improvement. The upcoming budget discussions, particularly concerning the school budget (with a reported initial 5.7% increase request 2:41:18), will be critical.

Citizens’ Petition on VFW/Pine St. Property Authority: A major point of contention was a citizens’ petition seeking to revoke the Select Board’s authority (granted by 2023 Town Meeting) to sell/lease the VFW and Pine St. properties 1:35:04. Petitioner Katie Arrington and some residents urged the Board to call a Special Town Meeting (STM) 11:32. However, other residents who signed stated they were unaware it would trigger an STM and opposed the cost [17:42, 21:23]. After extensive debate referencing Mass General Law, Town Counsel’s opinion, and concerns about precedent and signatory intent, a motion to call an STM failed 2-3 2:09:11. Insight: This decision means the petition article will appear on the Annual Town Meeting warrant in May. The debate highlighted differing interpretations of town procedures and state law regarding citizen petitions and exposed resident concerns about clarity during the signature-gathering process. The underlying issue of the VFW property’s future remains unresolved at the Town Meeting level.

Committee Activity & Appointments:

  • Hawthorne Reuse: The Board established an 11-member Hawthorne Reuse Advisory Committee (1 FinCom, 1 Planning, 1 Open Space, 8 citizens) to develop options for the former school site 2:09:51. Public comment stressed the need for a transparent, deliberative process 6:11. Insight: This committee’s work will be crucial in determining the future of a significant town asset, a topic of high public interest.
  • TA Search: The Board opted for a public application process before appointing its representative to the Town Administrator Search Committee, delaying the decision until early February 1:24:11. Insight: Selecting the TA is a primary Board responsibility; ensuring a transparent process for selecting their committee representative reflects responsiveness to calls for openness.
  • Climate Merger: The Climate Action and Resiliency Committees were officially merged into one entity for efficiency 2:24:55. Insight: This consolidation streamlines town efforts on important environmental initiatives.

Operational Matters:

  • An agreement was finalized allowing school staff to park at the UU Church lot in exchange for town snow removal [23:43, 2:23:09]. Insight: Solves a practical problem for the new elementary school with minimal town expense.
  • Discussion on a potential UV pilot program to treat Stacy Brook discharge highlighted significant cost uncertainties ($700k estimate), location concerns, and the need for much more information and community outreach before proceeding 31:17. Insight: While aimed at addressing Kings Beach water quality, this expensive pilot program requires careful vetting and public engagement.
  • Transparency concerns were raised regarding executive sessions and public records access 13:39, prompting the Board to commit to clarifying the legal parameters for releasing executive session minutes at a future meeting 2:34:23.

Community Notes: Big Blue Bargains announced its Feb 1st opening at the Clark Portables 9:24. The new ice rink at Abbott Park received praise [22:14, 2:36:14]. A proclamation recognized International Holocaust Memorial Day 2:21.

Section 5: Analysis

This Select Board meeting showcased a mix of routine town business and significant points of friction, particularly concerning process, transparency, and interpretation of town governance rules.

Petition Debate Dynamics: The lengthy discussion surrounding the citizens’ petition [1:35:04 - 2:09:11] was the meeting’s most revealing segment regarding board dynamics and governance philosophy.

  • Members Thompson and Grishman championed a strict interpretation of MGL Sec. 10, arguing the 200+ signatures mandated a Special Town Meeting (STM), emphasizing urgency and responsiveness to petitioners [1:42:42, 1:55:43]. Their arguments focused on perceived legal obligation and the need for swift resolution.
  • Chair Fletcher, Member Leonard, and Member Phelan leaned on Town Counsel’s interpretation, which offered the Board discretion due to the petition form lacking explicit STM request language 1:59:41. Their arguments centered on adhering to the written request, concerns about precedent if acting on inferred intent (Phelan 1:49:19), and the testimony of residents who felt misled about the STM implication (Leonard 1:45:43). This faction appeared more cautious, prioritizing procedural exactness and potential taxpayer cost 2:04:03 over the immediacy sought by the petitioners and their board allies.
  • The debate’s effectiveness was limited by these fundamentally different interpretations of the petition’s legal weight and the board’s obligation. Neither side appeared to sway the other. The 3-2 vote reflects a clear division on this procedural and potentially political issue. The outcome effectively delays Town Meeting consideration until May, potentially frustrating petitioners but aligning with the majority’s interpretation of procedural requirements and resident feedback heard during public comment.

Transparency & Public Engagement: Public comments from Frank Smith regarding executive sessions and public records access 13:39, and from Kevin Reen and Barbara DiPietro regarding the petition signing process [17:42, 21:23], clearly influenced subsequent board discussions. Member Leonard’s call to explicitly clarify the rules around executive session minute releases 2:32:57 was a direct, albeit delayed, response to Smith’s critique. The Board’s decision to publicly solicit applications for the TA Search Committee representative 1:24:11, rather than appointing someone immediately, also signaled a responsiveness to broader calls for openness, contrasting somewhat with the handling of the petition debate.

Financial Oversight: Town Accountant Amy Sarro’s presentation was detailed and appeared well-received 45:13. The Board, particularly Member Grishman 51:28 and Chair Fletcher 52:34, engaged in specific financial scrutiny regarding legal and insurance costs. The discussion about improving the overtime budgeting process with Police and Fire chiefs 1:12:17 suggested an attempt to proactively address a recurring financial pressure point, moving beyond simple budget freezes 49:57 towards collaborative data analysis. The effectiveness of this new approach remains to be seen in FY26.

Committee Formation & Management: The establishment of the Hawthorne Reuse committee 2:09:51 revealed a slight tension between seeking specific expertise (Fletcher 2:14:39) and prioritizing broad citizen involvement (Leonard 2:14:51), ultimately resolved in favor of more open citizen seats. Brian Watson’s public comment advocating for a specific process 6:11 seemed influential in framing the later discussion, though his suggestion for an open-ended timeline met resistance favoring some structure 2:20:53. The smooth merger of the climate committees 2:24:55 indicated successful prior groundwork and consensus between those groups.

Overall Tone: While handling routine matters efficiently (proclamation, license renewals, UU agreement), the meeting tone became notably tense and legalistic during the citizens’ petition debate. Chair Fletcher maintained control but allowed for extensive airing of differing views. The board demonstrated an ability to reach consensus on operational matters and committee structures but remains divided on interpreting resident petitions and MGL when ambiguity (or perceived ambiguity) exists. The commitment to address executive session transparency rules publicly at a future meeting could be a step towards rebuilding trust highlighted as a concern by public commenters.