Town Council - 11/10/21 - re-organization, open meeting law, council comments (audio)

FM #657-658-659 = This is the Franklin Matters radio show, number 657-658-659 in the series. 

This session shares part of the Franklin, MA Town Council meeting held on Wednesday, November 10, 2021. 

The meeting was conducted in a hybrid format: members of the Town Council and Town Administration personnel were in the Council Chambers, some members of the public participated in person, some via the Zoom conference bridge, all to adhere to the ‘social distancing’ requirements of this pandemic period.

I’ve split the just about one hour and fifty minutes (1:50 total elapsed time) into three (3) logical segments:

• Part 1 -> covers the opening, Town Clerk swearing in, Town Council swearing, organization vote to select Chair, Vice-chair and Clerk, citizen comments, appointment approvals of four for the Cultural Council and multiple license transactions (~34 mins) https://player.captivate.fm/episode/f43eaefe-d2ea-4926-a275-074746a41c9f

• Part 2 -> covers the Open Meeting Law, Ethics, and Records presentation and Q&A session led by Attorney Mark Cerel (~ 43 minutes)  https://player.captivate.fm/episode/e54c21c9-2901-4d32-8ab3-b87e725b095e

• Part 3 -> covers the Legislation for Action, Council Comments, then they enter Executive Session not to return to open meeting (~ 33 minutes) https://player.captivate.fm/episode/0ebadfc4-56b9-4ac7-8a40-57f0e4479b08

The show notes contain links to the meeting agenda. Let’s listen to this segment of the Town Council meeting of Nov 10, 2021

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Agenda document -> https://www.franklinmatters.org/2021/11/franklin-ma-town-council-meeting-agenda.html

My notes from the meeting  ->  https://www.franklinmatters.org/2021/11/recap-town-council-reorganizes-sort-of.html

Town Council Quarterbacking session (a short recap with Council Chair Tom Mercer) ->  https://www.franklinmatters.org/2021/11/town-council-quarterbacking-111221-audio.html

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The music for the intro and exit was provided by Michael Clark and the group "East of Shirley". The piece is titled "Ernesto, manana"  c. Michael Clark & Tintype Tunes, 2008 and used with their permission.

I hope you enjoy!

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Chair Tom Mercer, flanked by Vice Chair Bob Dellorco (left), Clerk Glenn Jones (right)

Recap: Town Council reorganizes (sort of); hears about open meeting law, etc. appoints 4 to Cultural Council; closes with Executive Session

Quick Recap:

• Town Clerk Nancy Danello sworn in (2nd time, first time on election night), then she swears in the Town Council
• Council reorganizes by nomination and vote to retain Mercer, Dellorco, and Jones as Chair, Vice-Chair and Clerk respectfully; so while they have officially re-organized, there is no change in the leadership at this time
• Appointments of four individuals to Cultural Council approved
• Overview of Open Meeting, Law, Ethics, etc. provided by Attny Mark Cerel. As many times as I have seen this overview (8 times, I think?), it is good to review, something different catches my attention each time.
• Council entered Executive Session to discuss the latest on the Prospect St property situation and did not return to open session

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As with most meetings in this pandemic period, I took my notes via Twitter. I participated in the meeting in the Council Chambers. 

The Twitter hashtag can be found online  #tc1110

https://twitter.com/search?q=%23tc1110&src=typeahead_click 

Agenda document -> https://www.franklinmatters.org/2021/11/franklin-ma-town-council-meeting-agenda.html

• getting ready for the Town Council meeting to begin shortly - agenda doc and remote connection info -> https://franklinmatters.org/2021/11/franklin-ma-town-council-meeting-agenda.html…  #tc1110
• Motion to nominate Mercer as Chair, seconded, approved 9-0; motion to nominate Dellorco as Vice-Chair; seconded, approved 9-0 motion to nominate Jones, seconded, passes 9-0 #tc1110
• motion to adopt procedure manual -> ADOPTION OF TOWN COUNCIL PROCEDURE MANUAL: Resolution 21-67       https://franklinma.gov/sites/g/files/vyhlif6896/f/uploads/3._21-67_adoption_of_council_procedures.pdf…  #tc1110  subcommittee will review and propose revisions possible  -  seconded, passes 9-0
• meeting protocol statement read by Chair Mercer; meeting options, Zoom, cable Verizon/Comcast, and live stream - Citizen comments; Rev Juncker and Rabbi Alpert step forward to make Interfaith Council as they did at #schCom1109 meeting  #tc1110
• statement on #LoveFranklin can be found -> https://franklinmatters.org/2021/10/a-call-to-our-community-lovefranklin.html…  #tc1110 (BTW - I am a signer of this statement, one of the 365 community members)
• J Callaway-Tripp after an atrocious election, congratulations, I hope you do wonderful things #tc1110
• approval of minutes from 10/06/21 meeting, motion, seconded, passes 9-0  #tc1110
• APPOINTMENTS a. Franklin Cultural Council: Venus Senjam - motion, seconded, passes 9-0  #tc1110 Cormier-Leger, Frongillo, Jones - thanks to these candidates, good candidates
• APPOINTMENTS b. Franklin Cultural Council: Patrick Kinner#tc1110 - motion, seconded, passes 9-0 c. Franklin Cultural Council: Shelley Green - motion, seconded, passes 9-0d. Franklin Cultural Council: Jacob Juncker - motion, seconded, passes 9-0
• LICENSE TRANSACTIONS a. Residence Inn Boston Franklin, License Modification, Change of Manager, Officers/Directors/ LLC Managers & Change of ownership Interest, 4 Forge Parkway, Franklin, MA 02038  #tc1110  motion to approve, seconded, passes 9-0
• License modification -> b. Shaw's Supermarkets, Inc. d/b/a Shaw's, License Modification, Change of Officers/Directors/LLC Managers, 255 East Central Street, Franklin, MA 02038  #tc1110 motion, seconded, passes 9-0
• license modification - c. 99 Restaurants of Boston, LLC d/b/a The Ninety-Nine, License Modification, Change of Officers/Directors/LLC Managers, 847 West Central Street, Franklin, MA 02038  #tc1110 motion, seconded, passes 9-0
• Farmers Market license - D. La Cantina Winery Company, Farmer-Winery, Farmer’s Market License, 355 Union Street, Franklin, MA 02038 #tc1110 motion, seconded, passes 9-0 3rd time for the Market at Fairmount Fruit Farm (11/20/21)
• Presentation: Open Meeting Law, Public Records, Ethics and Conducting a Public Meeting - Mark Cerel, Town Attorney Memo - > https://drive.google.com/file/d/15Ft8UZqacUKK2AT_rieHgQl4NFNR0-Xu/view?usp=sharing…  Presentation Doc - >   https://drive.google.com/file/d/15KP9W1fQTC5rOiiO_OBi6HFZv_PHtG0t/view?usp=sharing…  #tc1110
• starting with page 11 of the presentation doc - this is the short story version - each of these topics could take more time to review thoroughly #tc1110 applicable for open meeting law when a quorum is together;
• in open meeting law, public has right to be present but not an absolute right to participate, subject to the chair of the public body; there are consequences for enforcement #tc1110 no blanket immunity for speech, potential liability for any comments if derogatory, threatening
• shifting to public records law - includes all forms of documents including electronic  - the document itself is the public record regardless of the device it located on; i.e. a personal device. #tc1110 there are town business email accounts for Town Council/School Committee …
• to help with the separation of the town business and personal business. There are public records officers defined within Municipal operations, most requests are from outside for some other purpose - we don't have a lot of requests as the website is so stocked with docs. #tc1110
• the easiest answer; if you are thinking about posting it, don't; #tc1110 shifting to ethics - this is a criminal statue  - Town Council members are considered "municipal employees" and covered by all "statutory prohibitions and restrictions"
• identify the potential conflict sooner than later and recuse yourself at the outset. #tc1110 Ethics Commission can be helpful and then be an investigator and hearing leading to decisions for civil and criminal as required
• next up - conducting public hearings - #tc1110 differences in liability between legislative role (most resolutions) and administrative (i.e. alcohol license or violations) - be careful about what you do
• a. Resolution 21-65: Cable Funds in Support of PEG Service and Programming per MGL Ch. 44, §53F3/4 - $18,500.22 (Motion to Approve Resolution 21-65 - Majority Vote) - motion, seconded, passes 9-0 #tc1110
• b. Resolution 21-66: Gift Acceptance: Veterans Service Department ($3,295.00) and Fire Department ($965.00) (Motion to Approve Resolution 21-66- Majority Vote) #tc1110 motion, seconded, passes 9-0
• Town Administrator's Report - thanks and congratulations to the successful candidates; cafe will be closed at Senior Center, deep cleaning to be done, also expanding tax workoff to include the cafe; #tc1110  Nov 18, at FHS auditorium also Zoom feature
• future agenda items; accessory dwelling units for Economic Development; Civil discourse pledge should be taken up; Housing Authority coming Nov 17 as the feature presentation; #tc1110 Councilor Comments - grade 6 youth football game coming this weekend, best wishes
• need to leaf pickup to assist other seniors to help them with taking the leaves to the transfer station/Beaver St #tc1110 vandalism at FHS bathrooms, work closely with Superintendent and their staff, etc. incidents are taken seriously. dealing with minors and legal process …
• mental health related issues, a lot of grief and difficulty out there today, not completely surprised. #tc1110 Frongillo touting talk on Mon on "Strong Towns" (info to be shared later) 9:30 AM
• thanks to the voters; Pellegri tapping on to the Chandler comments about the vandalism; has suggestions on how to stop it; #tc1110 Jones touting Mamma Mia performances this weekend (Fir/Sat) (see the community calendar for details)
• Thanks to the voters, awesome to see all the folks come out; wish the veterans the best; Nov 18 is an important event, #tc1110 good story on an issue raised last night, SAFE Coalition has a plan underway for the individual today; congratulate all the newly elected
• thanks also to all those who stepped up to run, even if they were not successful, there are other opportunities to stay involved #tc1110 do need to enter Executive Session - prospect St - not to return to open meeting ; vote to enter, vote via roll call - passes 9-0

 

Audio recording of meeting to be available in couple of days

Town Clerk Nancy Danello sworn in by justice of the peace

In the News: Open Meeting rules

Boards required to take note of new meeting rules

by Kendall Hatch/Daily News staff

Franklin Town Council discussion on the new rules

http://franklinmatters.blogspot.com/2010/06/live-reporting-open-meeting-law.html

Franklin Attorney Mark Cerel's analysis of the new rules

http://franklinmatters.blogspot.com/2010/06/mark-cerel-analysis-of-open-meeting-law.html

Franklin, MA

Town Administrator's Report etc. (audio)

The Town Administrator, Jeff Nutting, makes his report, followed by old business (none), new business (one), and councilor comments before the meeting adjorns.

Time: 8 minutes, 38 seconds



MP3 File

Approval for Summer St Paving (audio)

Franklin Town Council approves transfer of funds from developer to allow for the paving all at once of the Summer St section where sewer extentions were made. Passed by a 6-0 vote with 1 abstention (McGann).

Time: 7 minutes, 35 seconds



MP3 File

Tavern License Transfer Approved (audio)

Franklin Town Council approved unanimously the transfer of license for the former Franklin Tavern per bankruptcy court proceedings. ABC approval is still required.


Time: 2 minutes, 20 seconds



MP3 File

Note: When Chairperson Chris Feeley defers to Jeff Nutting, Jeff in turn passes to Maxine Kinhart, who passes to Attorney Mark Cerel. This transfer does not get picked by the recording.