Franklin, MA: Town Council - Agenda - July 21, 2021

1. ANNOUNCEMENTS FROM THE CHAIR

a. This meeting is being recorded by Franklin TV and shown on Comcast channel 11 and Verizon Channel 29.  This meeting may be recorded by others. 

b. Chair to identify Council Members participating remotely

2. CITIZEN COMMENTS

Citizens are welcome to express their views for up to five minutes on a matter that is not on the agenda. The Council will not engage in a dialogue or comment on a matter raised during Citizen Comments. The Town Council will give remarks appropriate consideration and may ask the Town Administrator to review the matter.

3. APPROVAL OF MINUTES

a. May 26, 2021
b. May 27, 2021
c. June 9, 2021
d. June 23, 2021

4. PROCLAMATIONS/RECOGNITIONS

a. Retirement: Patti Wyllie, Treasurer-Collector's Department 
b. Retirement: Tommy Gundstrom, DPW 
c. Recognition: Ndoumbe Ndoye, Franklin High School, Commonwealth Heroines Award

5. APPOINTMENTS

None Scheduled

6. HEARINGS - 7:10pm

a. Zoning Bylaw Amendment 21-872: To Amend The Franklin Town Code At Chapter 185, Section 3, Definitions, Tasting Room 

https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10f._21-872_tasting_room.pdf

7. LICENSE TRANSACTIONS

Dean College: New Section 12 All Alcoholic Beverages License, Located at 135 Emmons Street, Franklin, MA.
Town Administrator Memo Summary;
Dean College Section 12 All Alcoholic Beverages license application; 
Town Council meeting minutes April 15, 2020, May 6, 2020;
Town Council Statement of Reason of denial; 
Dean College appeal to the ABCC;
ABCC Appeal decision.

https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/7a._dean_college.pdf

8. PRESENTATIONS/DISCUSSIONS

None Scheduled

9. SUBCOMMITTEE REPORTS

a. Capital Budget Subcommittee
b. Budget Subcommittee
c. Economic Development Subcommittee

10. LEGISLATION FOR ACTION

10a. LEGISLATION FOR ACTION

Resolution 21-40: Gift acceptance - Franklin Public Library, $24,850 (Motion to Approve Resolution 21-40 - Majority Vote)   https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10a._21-40_library_gift.pdf

10b. LEGISLATION FOR ACTION

Resolution 21-41: Gift acceptance - Veterans Services Department, $700 (Motion to Approve Resolution 21-41 - Majority Vote)  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10b._vets_gift.pdf

10c. LEGISLATION FOR ACTION

Resolution 21-42: Gift acceptance - Franklin Police Department, $100 (Motion to Approve Resolution 21-42 - Majority Vote)  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10c._pd_gift.pdf

10d. LEGISLATION FOR ACTION

Resolution 21-43: Gift acceptance - Franklin Fire Department, $100 (Motion to Approve Resolution 21-43 - Majority Vote)  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10d._21-43_fd_gift.pdf

10e. LEGISLATION FOR ACTION

Bylaw Amendment 21-870: Chapter 170, Vehicles And Traffic, Section 170-22, Subsection A, Location of Stop Signs - Second Reading (Motion to adopt Bylaw Amendment 21-870 - Majority Roll Call Vote)  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10e._21-870_stop_signs.pdf

10f. LEGISLATION FOR ACTION

Zoning Bylaw Amendment 21-872: To Amend The Franklin Town Code At Chapter 185, Section 3, Definitions, Tasting Room - Second Reading (Motion to adopt Zoning Bylaw Amendment 21-872 - Two Thirds Majority Roll Call Vote)  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10f._21-872_tasting_room_0.pdf

10g. LEGISLATION FOR ACTION

Resolution 21-44: Appropriating Funds by Borrowing and Transfer to Pay Costs of Land Acquisition: Land of Franklin LaBastie Family, LLC off Maple Street (Motion to Approve Resolution 21-44 -Two Thirds Majority Vote)  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10g_maple_hill.pdf

10h. LEGISLATION FOR ACTION

Resolution 21-45: Town Of Franklin’s Exercise Of Town’s Chapter 61a, Section 14 First Refusal Option, Re: Land Of Franklin Labastie Family, LLC Off Maple Street (Motion to Approve Resolution 21-45 - Majority Vote)  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10g_maple_hill_0.pdf

11. TOWN ADMINISTRATOR'S REPORT

12. FUTURE AGENDA ITEMS

13. COUNCIL COMMENTS

14. EXECUTIVE SESSION

Exception #2: Contract negotiations with non-union personnel, namely: Town Administrator

15. RETURN TO OPEN SESSION

Vote on approving Administrator contract, subject to Executive Session outcome
Legislation for action: 
Resolution 21-39: Approval of Town Administrator’s Contract (Motion to Approve Resolution 21-39 Majority Vote)

ADJOURN

Note: 
Two-Thirds Vote: requires 6 votes
Majority Vote: requires majority of members present and voting

The single PDF for the agenda and released documents

https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/_2021-07-21_town_council_agenda.pdf

The agenda page with links to the individual documents

https://www.franklinma.gov/town-council/agenda/july-21-town-council-agenda

Franklin, MA: Town Council - Agenda - July 21, 2021

FM #572 & #573 - Town Council meeting of 06/23/21 in 2 parts (audio)

FM #572-3 = This is the Franklin Matters radio show, number 572-3 in the series. 

This session shares the Franklin, MA Town Council meeting held on Wednesday, June 23, 2021. 

The meeting was conducted in a hybrid format: members of the Town Council and Town Administration personnel were in the Council Chambers, some of the public participated in person, some were remote via the Zoom conference bridge, as we move to come out of this pandemic period.

I’ve split the almost 3 hour meeting into two logical segments:

• First - covers the opening with 2 recognitions, 2 licenses transactions, and then the discussion on the Open Meeting Law complaint (~1:09 mins)

• Second - covers the legislation for action and the balance of the meeting until they enter Executive Session. They do return about 30 minutes later but that is not part of this recording as I did not stick around. (~1:27 minutes)

The show notes contain links to the meeting agenda including documents released for this meeting. 

Let’s listen to this segment of the Town Council meeting of June 23, 2021

#572 ->  https://player.captivate.fm/episode/c05d1ea6-125a-400c-9d3a-f491ed7a2845

#573 ->  https://player.captivate.fm/episode/8d09e0f0-5414-4095-8600-6e47b2babc20

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Agenda folder -> https://www.franklinma.gov/town-council/agenda/june-23-town-council-agenda

 

Agenda doc (including connection info) ->  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/6-23-21_town_council_agenda.pdf

My notes from the meeting

https://www.franklinmatters.org/2021/06/recap-town-council-meeting-deserved.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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Chrisy Whelton (r) is leaving, her position will be taken by Alecia Alleyne (l)

Recap: Town Council meeting - deserved recognitions made; 2 restaurant alcohol licenses approved; open meeting law complaint received and addressed

Quick Recap:

• Two sets of recognitions: one for officer Mellor leaving to go to law school; second, for the multiple police and fire personnel from Franklin and Norfolk who responded to the Winter St fire
• Two restaurant all alcohol licenses issued, one for Sierra Brick Over Pizza, the other for Proof to operate the second floor as a separate restaurant in the same building as Glen Pharma
• Open meeting complaint received and acknowledged for not approving meeting minutes in the timely manner as required by law; changes being made to adjust process
• Two transactions to help close out the FY 2021 finances, both about 200K in total and considering these are the adjustments on a over $100+ budget during a pandemic year, the Town did (and does) well managing their budget
• Veterans Officer Dale Kurtz to retire, replacement to be hired
• parking bylaw change referred to Planning Board for their review and decision before it comes back to the Council for 2 readings before final vote

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As with most meetings in this pandemic period, I took my notes via Twitter during the meeting reporting in real-time via the virtual session

 

Photos captured during the meeting and shared via Twitter can be found in one album  https://photos.app.goo.gl/guZrk1xe1hnUSs5C6

The Twitter hashtag can be found online  #schcom0608

https://twitter.com/search?q=%23schcom0608&src=typeahead_click 

 

Agenda folder -> https://www.franklinma.gov/town-council/agenda/june-23-town-council-agenda

 

Agenda doc (including connection info) ->  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/6-23-21_town_council_agenda.pdf

 

 

• Getting ready for the Town Council meeting at 7 PM. The agenda doc can be found. #tc0623 https://franklinma.gov/town-council/a
  
• Dial in info for the session can be found in the image #tc0623
  
• Frongillo participating remotely, Dellorco not present in the ViceChair spot. Steve Gilmore talking of the Be The Match for Gigi, link and info shared earlier https://franklinmatters.org/2021/06/be-match-for-gigi-june-26-video.html?m=1. #tc0623
  
• Match entries on Saturday will be entered into a drawing for tickets to a Patriots game when #12 visits this season #tc0623 Citizen commenting on the condition of the Brick School. Unipay payments fee will be waived beginning in July (hurrah!) For bank transfer
  
• Paperless payments coming to more payments, fee waivers at 35 cents vs. postage at 55 cents #tc0623 per Kerri Bertone the Treasurer/Collector
  

Recognitions

• Officer Mellor leaving Police Dept to go to law school. #tc0623
  
• Plaque presented #tc0623
  
• Chair Mercer lists the fire and police personnel from Franklin and elsewhere who were involved in the Winter St fire #tc0623 2 min recess to allow for in person recognitions
  

Annual Appointments

• Clerk Jones reads the listing of annual appointments to boards and committees #tc0623
  
• Motion to approve appointments, second, passes (Kelly also not present during break) (although both are expected some time for the meeting) #tc0623 vote via roll call 7-0-2
  

License approvals

• License approval for https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/7a._sierras.pdf sierra brick oven pizza #tc0623 Attny Doherty speaks for the applicant who is present via zoom; ABCC licenses for restaurants capacity of 40; unlimited qty for us; motion and seconded, passes 7-0-2 2 absent
  
• Another license for Proof https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/7b._proof.pdf #tc0623 motion and second, proof to open on 2nd floor of the space at Glen Pharma vote on motion via roll call 7-0-2 (2 absent)
  
• Interesting stat from the 495/MetroWest partnership showed that the largest sector of employment in Franklin was restaurants #tc0623 a copy of the stat can be found in this doc
  

Presentations/Discussion

• Next up, open meeting complaint about Town Council meetings not approved timely. #tc0623 well handled with response by Town Administrator Jamie Hellen https://franklinma.gov/sites/g/files/
  
• "This is petty, of all the things we do, and this is the worse thing to happen?" #tc0623 "I hope Mr Higgins isn't reading my thought bubbles" "A rule is a rule, a law is a law, and we must comply." Attny Cereal recommends an authorized response (vote by council) vote ->
  
• Motion and second, via roll call 7-0-2 (2 absent) EDC met last Weds, two discussions, HPP and home based business;

Legislation for action

• Legislation for action: https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10a._21-33_fletcher.pdf #tc0623 motion and second for Fletcher Foundation funding for recreation via roll call 7-0-2 (2 absent)
  
• Downtown zoning and marketing capital account https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10b._21-34_dt_zoning_marketing_commerical.pdf #tc0623 motion and second; last time study like this was done in 2003; civic engagement targeted for Sep/Oct/Nov vote via roll call 7-0-2 (2 absent)
  
• Appropriation transfers https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10c._21-35_fy21_aprop._transfers.pdf #tc0623 motion and second, only a $70+K transfer on a over $100M budget is a good thing, especially during the pandemic vote via roll call 7-0-2 (2 absent)
  
• franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10d._21-36_pd_gift_100.pdf gift acceptance, motion and second, vote via roll call 7-0-2 (2 absent)
  
• Termination of veterans services Agreement, https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10e._21-37_term._vets._agrmnt.pdf Dale Kurtz to retire in Sep 2021 motion and second, vote 7-0-2 (2 absent) kudos for Dale from all the Councilors and TA Jamie Hellen
  
• Acceptance of gift https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10f._21-26_historical_donation.pdf #tc0623 Motion and second, vote via roll call 7-0-2 (2 absent)
  
• Zoning bylaw amendment referral to planning board, https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/10g._21-875_dt_parking.pdf #tc0623 motion to refer to Planning Board, vote via roll call 7-0-2 (2 absent)
  

Town Administrator's Report

• TA report, will look at the red brick school house, was scheduled for historical tour for CPC #tc0623 job posting to replace Anne Marie Tracey was made, interviews hopefully in July. Looking to fill before Sep. Chrissy will be leaving and part of transition; Alysia ->
  
• Will replace Chrissy, backfilling for Chrissy, job posted In council comments, cool story on the 2nd performance of Bright Stars during the storm Sat night. #tc0623 Chair Mercer recognizes that the police and fire personnel come out in good numbers in recognition of some ->
  
• That the public may not always be aware of or see,

Executive Session

• Motion to move to executive session (to return) via roll call 7-0-2 #tc0623
• They're supposed to come back to open session but that's all for me tonight, catch you next time! #tc0623

Note: I did not wait for their return. Per conversation with Chair Mercer the morning after, one of the two items for the session were in fact brought to a vote, the other was held due to the 2 absent councilors (Dellorco, Kelly)

 

Audio recording of meeting to be available in couple of days

 

The Winter St heroes, Franklin police and fire along with some Norfolk personnel

Recap: Town Council - May 27, 2021 - $138M FY 2022 budget passes

Quick Recap:

• A shorter evening to close out the two night budget hearing. Not as long this time, total meeting under 2 hours.
• FY 2022 budget passes unanimously to fund the operations for the fiscal year beginning July 1 as recommended by Town Administrator Jamie Hellen and already approved by the Finance Committee.
• Dr. Sara Ahern returned with answers to questions from the prior night. The answers apparently will give some council members new reading material to help with their apparent new interest in the details of the school budget, particularly in chasing down the unfunded mandates. For the record, the School Committee has held a Legislative Forum four years running to help with that topic with our legislative team (currently Senate President Karen Spilka, Senator Becca Rausch and State Rep Jeff Roy). Kudos to Councilor Frongillo for recognizing that while chasing the $5M (in unfunded mandates quantified by the Schools), there is a bigger number to look at: What would take us to get us from our current per pupil spending to get to the State average? Approx. $18M. Or was the expression of interest in the schools a reflection that November is coming? Time will tell. It is too late to do much with this year's budget but as been reported here before housing, stormwater, and the school budget are the major issues Franklin faces.
• LaCantina was approved for their pouring license to help with their presence at the Farmer Market for this summer, their 6th year there.

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As with most meetings in this pandemic period, I took my notes via Twitter during the meeting reporting in real-time via the virtual session.

 

The Twitter hashtag can be found online  #tc0527

https://twitter.com/search?q=%23tc0527&src=typeahead_click 

Photos captured during the meeting and shared via Twitter can be found in one album = https://photos.app.goo.gl/qUq9pC3jWZzo1mgD6

Town of Franklin budget page  https://www.franklinma.gov/town-budget 

Franklin Schools budget page  https://www.franklinps.net/district/school-district-budget 

• Getting ready for the Town Council meeting, part 2 of the budget hearing. Weds went over 4 hours; not likely to be as long tonight. Doc with connection info https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/5-27-21_tc_agenda.pdf  #tc0527
• What is right with this budget? What is wrong with this budget? Please elaborate... #tc0527   https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/5-27-21_tc_agenda.pdf 
• Meeting underway #tc0527
• Citizen comment against stormwater fee and the potential nurse proposed for Health Dept. Citizen #2 speaking on school funding needs and confusion/misunderstanding among the councilors. Thanks to Dr Ahern, had observed she wasn't treated with the respect of other -> #tc0527
• Department heads. Q on historical commission and museum. Pellegri wasn't aware of capital budget available to use (and yet she leads Capital Budget Subcommittee) withdraws her request to move amounts. #tc0527 Jones talked with HC chair about funds and not to move
• Explanation on Town Council role of school budget, only have the top line item and not detail control. One of few times for TC to discuss budget, hence questions. #tc0527 Dr Ahern hands out follow up data to councilors. Enrollment of Franklin students
• Trend on decline of enrollment seen across the schools, charter included (yes, overall population is growth is flat) #tc0527 births compared to graduation steep decrease in last 10 years. Per pupil comparison for Accept/BICO collaboratives to Franklin #tc0527
• Midpoint in comparison with the DOT communities. #tc0527 had provided a listing of such in the November budget workshop, shared that with Council. Mandates on 3rd page that were hard to quantify. Clarification on birthrates. Issue of recruiting for Tri-county/Norfolk
• Need for trades is there. Middle school students don't do tours anymore but we do have them come in to talk about the opportunity and set up visits for those interested. #tc0527 need to discuss the unfunded mandates (yes, but even if they were funded we would still need ->
• To fund more, period per state minimum requirements. #tc0527 point of record, Jones asked for this mandate last year, the schools provided it in their workshop previously. Lobbying legislation is only part of the issue. Assume we got half, we still would need to ->
• Figure out what we need to restore. Kudos to Frongillo, he just said we need to find the $18m which would get us to the state average. The $5m of unfunded is small change #tc0527 the state accounting is the same across the entire district. Can we use meritorious credit with ->
• The state? Not likely, however we should use it internally.#tc0527 citizen confused about per pupil expense, not understanding it by nature allows for comparison at a student level not the district level. Dewsnap talks for schools, Spencer talks for schools ->
• What do we value? Our values are reflected in the budget. #tc0527 Budget hearing closes. Next up license for LaCantina to add pouring samples at the Farmers Market. 31 vendors at the market this year. https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/web_license_transaction.pdf 6th year for LaCantina at market
• Motion to approve, second, passes 9-0 #tc0527 Moving to legislation for action - adoption of FY 2022 budget $138,564,865  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/web_5a_license_transaction.pdf 
• Motion to approve expense limits, https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/web_5b.pdf second, passes 9-0 Limits the same as last year, no requests to increase. #tc0527
• Motion for CPA reservations, second, https://franklinma.gov/sites/g/files/vyhlif6896/f/mai/files/web_5c_cpa.pdf #tc0527 Annual reserve account allocations for CPA funding which starts collection in FY 2022, and 1st disbursement likely 4Q 2022. passes 9-0
• TA report: public health nurse (RN) is required by state law, we contract out and are now working on a shared grant for a nurse for 3 years; learned from COVID-19 experience, needed more than what we had. #tc0527 Municipal building will open June 16 for meetings
• Main reason for delay us not COVID related, actually due to the construction still underway at the building #tc0527 Councilor comments: Fund established at Rockland Trust, also asking for gift cards for the fire victims. Thanks to FDP and Eileen Mason for ->
• The beautification day last weekend. Recognition of Bob Dean and work with the cable operations. Thanks to all for the work on the budget. #tc0527 thanks to the councilors for the work on this budget. Nick Gaspar 8th grade Horace Mann has cancer fund raising efforts
• Have a safe Memorial Day. #tc0527 Thanks to the town employees, long listing, for the hard work and effort during pandemic. Motion to adjourn, second, passes 9-0 that's all for tonight, Catch you next time!

Recap: Town Council - May 27, 2021 - FY 2022 budget passes