Showing posts with label open meeting. Show all posts
Showing posts with label open meeting. Show all posts

Friday, November 12, 2021

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
Town Clerk Nancy Danello sworn in by justice of the peace

Sunday, November 7, 2021

Franklin, MA: Town Council Meeting - Agenda - November 10, 2021

Franklin Town Council
Agenda & Meeting Packet
November 10, 2021 - 7:00 PM

Meeting will be held at the Municipal Building
2nd floor, Council Chambers 355 East Central Street 

1. SWEARING IN OF TOWN CLERK AND TOWN COUNCIL

2. ELECTION OF OFFICERS – Town Council Chair, Vice-Chair & Clerk

3.     ADOPTION OF TOWN COUNCIL PROCEDURE MANUAL: Resolution 21-67       https://www.franklinma.gov/sites/g/files/vyhlif6896/f/uploads/3._21-67_adoption_of_council_procedures.pdf

4. 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 members participating remotely.
5. CITIZEN COMMENTS
a. 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.
6. APPROVAL OF MINUTES
a. October 6, 2021

7. PROCLAMATIONS/RECOGNITIONS - None Scheduled

8. APPOINTMENTS
a. Franklin Cultural Council: Venus Senjam
b. Franklin Cultural Council: Patrick Kinner
c. Franklin Cultural Council: Shelley Green
d. Franklin Cultural Council: Jacob Juncker

9. HEARINGS - 7:10pm - None Scheduled

10. 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
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
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

11. PRESENTATIONS/DISCUSSIONS
a. Presentation: Open Meeting Law, Public Records, Ethics and Conducting a Public Meeting - Mark Cerel, Town Attorney

12. SUBCOMMITTEE REPORTS
a. Capital Budget Subcommittee
b. Budget Subcommittee
c. Economic Development Subcommittee

13. LEGISLATION FOR ACTION
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)
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)

14. TOWN ADMINISTRATOR’S REPORT

15. FUTURE AGENDA ITEMS

16. COUNCIL COMMENTS

17. EXECUTIVE SESSION
a. Considering the purchase, exchange, lease or value of real property, because an open meeting may have a detrimental effect on the negotiating position of the Board.
i. Schmidt’s Farm, Prospect Street
18. ADJOURN

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


Franklin MA: Town Council - Agenda - Nov 10, 2021
Franklin MA: Town Council - Agenda - Nov 10, 2021

Sunday, October 31, 2021

Franklin MA: Town Council - Agenda - Nov 3, 2021

Franklin Town Council
Agenda & Meeting Packet
November 3, 2021 - 7:00 PM

Meeting will be held at the Municipal Building
2nd floor, Council Chambers 355 East Central Street 

1. SWEARING IN OF TOWN CLERK AND TOWN COUNCIL

2. ELECTION OF OFFICERS – Town Council Chair, Vice-Chair & Clerk

3. 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 members participating remotely.


4. CITIZEN COMMENTS
a. 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.

5. APPROVAL OF MINUTES
a. October 6, 2021

6. PROCLAMATIONS/RECOGNITIONS - None Scheduled

7. APPOINTMENTS
a. Franklin Cultural Council: Venus Senjam
b. Franklin Cultural Council: Patrick Kinner
c. Franklin Cultural Council: Shelley Green
d. Franklin Cultural Council: Jacob Juncker

8. HEARINGS - 7:10pm - None Scheduled

9. 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
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
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

10. PRESENTATIONS/DISCUSSIONS
a. Presentation: Open Meeting Law, Public Records, Ethics and Conducting a Public Meeting - Mark Cerel, Town Attorney

11. SUBCOMMITTEE REPORTS
a. Capital Budget Subcommittee
b. Budget Subcommittee
c. Economic Development Subcommittee

12. LEGISLATION FOR ACTION
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)
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)

13. TOWN ADMINISTRATOR’S REPORT

14. FUTURE AGENDA ITEMS

15. COUNCIL COMMENTS

16. EXECUTIVE SESSION
a. Considering the purchase, exchange, lease or value of real property, because an open meeting may have a detrimental effect on the negotiating position of the Board.
i. Schmidt’s Farm, Prospect Street
17. ADJOURN

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


Franklin MA: Town Council - Agenda - Nov 3, 2021
Franklin MA: Town Council - Agenda - Nov 3, 2021


MA Open Meeting Law: items of interest on public participation and SEPAC meetings

What about public comment, public participation, and public hearings?

"The Open Meeting Law does not require that public bodies allow public comment or public participation during meetings -- to the contrary, the Open Meeting Law specifies that nobody shall address the public body without permission of the chair. However, the Attorney General encourages public bodies to allow public comment and/or public participation when feasible.    
Because the Open Meeting Law does not require that public bodies allow for public comment or public participation during meetings at all, the manner that public bodies may choose to accept comment or questions is outside the scope of the Open Meeting Law.  
Public hearings, on the other hand, are governed by separate laws that impose additional requirements, and may require opportunity for public comment or testimony.  Those requirements are outside the scope of the Open Meeting Law and therefore do not fall within the Division of Open Government’s jurisdiction.  Public bodies and members of the public should consult with legal counsel for guidance on the requirements for public hearings. "

Are Special Education Parent Advisory Council (“SEPAC”) groups public bodies subject to the Open Meeting Law?
"While a SEPAC itself is generally not a public body subject to the Open Meeting
Law, the leadership group may be a public body subject to the Open Meeting
Law. Massachusetts law requires that membership in a school’s SEPAC be
offered to all parents of children with disabilities and other interested parties. See
G.L. c. 71B, § 3. In many cases, the SEPAC establishes or elects a leadership or
governing committee. That group of elected or appointed officers will likely
constitute a public body under the Open Meeting Law, and it is therefore
advisable that such groups comply with the Open Meeting Law’s requirements. 
Now that the issue has been formally presented to this office, and after review and analysis of the applicable statutes and regulations pertaining to the establishment of SEPACs as well as the structure and function of SEPACs, we conclude that the Brockton, Brookline, and Melrose SEPACs are not public bodies subject to the Open Meeting Law. We also conclude that whether a SEPAC’s leadership group is a public body depends on the structure and role of that group.  We find that the officers of the Melrose and Brockton SEPACs do not constitute public bodies;
and that the Board of the Brookline SEPAC is a public body for limited purposes."

Document link ->  https://massago.onbaseonline.com/Massago/1700PublicAccess2/PublicAccessProvider.ashx?action=ViewDocument&overlay=Print&overrideFormat=PDF 


Learn about the Open Meeting Law or report a violation with the Attorney General's Division of Open Government.    https://www.mass.gov/the-open-meeting-law

Learn about the Open Meeting Law or report a violation with the Attorney General's Division of Open Government
Learn about the MA Open Meeting Law or report a violation with the Attorney General's Division of Open Government


Sunday, June 27, 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




--------------


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

--------------

We are now producing this in collaboration with Franklin.TV and Franklin Public Radio (wfpr.fm) or 102.9 on the Franklin area radio dial


This podcast is my public service effort for Franklin but we can't do it alone. We can always use your help.

 

How can you help?

  • If you can use the information that you find here, please tell your friends and neighbors

  • If you don't like something here, please let me know


Through this feedback loop we can continue to make improvements. I thank you for listening.

 

For additional information, please visit www.Franklinmatters.org   or www.franklin.news 

If you have questions or comments you can reach me directly at shersteve @ gmail dot com


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!

------------------


You can also subscribe and listen to Franklin Matters audio on iTunes or your favorite podcast app; search in "podcasts" for "Franklin Matters"

 

Chrisy Whelton (r) is leaving, her position will be taken by Alecia Alleyne (l)
Chrisy Whelton (r) is leaving, her position will be taken by Alecia Alleyne (l)

Friday, June 25, 2021

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