Franklin< MA: Town Council agenda for Nov 20 - tax rate hearing, CSX land purchase proposal, meeting calendar for 2025

Franklin Town Council

Agenda & Meeting Packet

November 20, 2024 - 7:00 PM

Meeting will be held at the Municipal Building

2nd floor, Council Chambers 

355 East Central Street 

1. ANNOUNCEMENTS FROM THE CHAIR

a. This meeting is being recorded by Franklin TV and shown on Comcast channel 9 and Verizon Channel 29. This meeting may be recorded by others.

b. Chair to identify members participating remotely.

c. Upcoming Town Sponsored Community Events.

2. CITIZEN COMMENTS

a. Citizens are welcome to express their views for up to three minutes on a matter that is not on the agenda. In compliance with G.L. Chapter 30A, Section 20 et seq, the Open Meeting Law, the Council cannot engage in a dialogue or comment on a matter raised during Citizen Comments. The Town Council may ask the Town Administrator to review the matter. Nothing herein shall prevent the Town Administrator from correcting a misstatement of fact.

3. APPROVAL OF MINUTES

a. October 30, 2024

4. PROCLAMATIONS / RECOGNITIONS

5. APPOINTMENTS - None Scheduled

6. PUBLIC HEARINGS - 7:00 PM

a. Franklin Tax Classification Hearing

i. Legislation for Action Item 9a

ii. Legislation for Action Item 9b

iii. Legislation for Action Item 9c

iv. Legislation for Action Item 9d

v. Legislation for Action Item 9e

7. LICENSE TRANSACTIONS - None Scheduled

8. PRESENTATIONS / DISCUSSIONS

a. Presentation: Franklin Elks Riders Donation to Veterans’ Services Department

i. Legislation for Action #9n

ii. Legislation for Action #9o

9. LEGISLATION FOR ACTION

a. Resolution 24-67: Tax Classification Residential Factor

(Motion to Approve Resolution 24-67 - Majority Vote)

b. Resolution 24-68: Tax Classification Open Space Exemption

(Motion to Approve Resolution 24-68 - Majority Vote)

c. Resolution 24-69: Tax Classification Small Business Exemption

(Motion to Approve Resolution 24-69 - Majority Vote)

d. Resolution 24-70: Tax Classification Residential Property Exemption

(Motion to Approve Resolution 24-70 - Majority Vote)

e. Resolution 24-71: Tax Classification Senior Means Tested Exemption

(Motion to Approve Resolution 24-71 - Majority Vote)

f. Resolution 24-72: Local Acceptance of G.L. Chapter 59, Section 5, Clause 22I (Motion to Approve Resolution 24-72 - Majority Vote)

g. Resolution 24-73: Local Acceptance of G.L. Chapter 59, Section 5, Clause 41C As Amended By Chapter 184, Section 51 Of The Acts of 2002

(Motion to Approve Resolution 24-73 - Majority Vote)

h. Resolution 24-74: Authorization of Purchase of Land from CSX for Rail Trail Extension and Appropriation of Funding (Motion to Approve Resolution 24-74 - ⅔ Majority Vote)

i. Zoning Bylaw Amendment 24-917: A Zoning Bylaw to Amend Chapter 185 Section 3 of the Code of the Town of Franklin - Definitions, Accessory Dwelling Units. (Motion to Refer Zoning Bylaw Amendment 24-917 to the Planning Board)

j. Zoning Bylaw Amendment 24-918: A Zoning Bylaw to Amend the Franklin Town Code at Chapter 185 Attachment 8, Use Regulations Schedule Part CVII: Accessory Uses (Motion to Refer Zoning Bylaw Amendment 24-918 to the Planning Board)

k. Zoning Bylaw Amendment 24-919: A Zoning Bylaw to Amend Chapter 185 Section 20 of the Code of the Town of Franklin - Signs (at C. 3.)

(Motion to Refer Zoning Bylaw Amendment 24-919 to the Planning Board - Majority Vote)

l. Zoning Bylaw Amendment 24-920: A Zoning Bylaw to Amend Chapter 185 Section 20 of the Code of the Town of Franklin- Signs (at E.2.)

(Motion to Refer Zoning Bylaw Amendment 24-920 to the Planning Board - Majority Vote)

m. Resolution 24-75 2025 Town Council Meeting Schedule

(Motion to Approve Resolution 24-75 - Majority Vote)

n. Resolution 24-76: Gift Acceptance - Veterans’ Services Department ($2,000)

(Motion to Approve Resolution 24-76 - Majority Vote)

o. Resolution 24-77: Gift Acceptance - Veterans’ Services Department ($2,125), Senior Center ($164)  (Motion to Approve Resolution 24-77 - Majority Vote)

10. TOWN ADMINISTRATOR’S REPORT

11. SUBCOMMITTEE & AD HOC COMMITTEE REPORTS

a. Capital Budget Subcommittee

b. Economic Development Subcommittee

c. Budget Subcommittee/Joint Budget Subcommittee

d. Master Plan Committee

e. Police Station Building Committee

f. GATRA Advisory Board

12. FUTURE AGENDA ITEMS

13. COUNCILOR COMMENTS

14. EXECUTIVE SESSION - None Scheduled

15. ADJOURN

Note: Two-Thirds Vote: requires 6 votes

Majority Vote: requires majority of members present and voting

The agenda doc also contains remote participation info ->   https://www.franklinma.gov/sites/g/files/vyhlif10036/f/agendas/tc_agenda_nov_20_2024.pdf

Franklin< MA: Town Council agenda for Nov 20 - tax rate hearing, CSX land purchase proposal, meeting calendar for 2025

Chapter 60 “in its present form, is untenable and requires legislative correction”

"For the first time, a Massachusetts court has ruled that the way some municipalities pursue tax-taking cases against homeowners — a practice critics call “equity theft” — is unconstitutional.

The ruling comes in the wake of a unanimous US Supreme Court decision last year that said municipal and county governments may only recover the taxes owed, and not seize the remaining equity in the property.

Massachusetts is one of only a handful of states that presently allow local governments to take not only the taxes they are owed (plus interest and fees) but also the rest of the equity in properties.

Most often, the cases involve people who have inherited real estate and own it without a mortgage but lack the income to pay the taxes. In some instances, property worth hundreds of thousands of dollars is taken by municipalities when the amount owed in taxes is a small fraction of that.

...... 

Massachusetts law is mostly silent on the question of equity, and in the absence of an explicit prohibition, some municipalities have assumed the right to keep the full equity, with few safeguards for property owners.

Callan, in his ruling, said the state law used by municipalities in tax-taking, known as Chapter 60, does not provide a recovery process and therefore is “unconstitutional as applied in circumstances, such as here, where the tax debt is less than the value of the property.”

Chapter 60 “in its present form, is untenable and requires legislative correction,” Callan wrote in his 19-page ruling."

Continue reading the article online (subscription maybe required) 

https://www.bostonglobe.com/2024/04/21/business/massachusetts-court-property-unpaid-taxes-equity-theft/

In 2017, the City of Greenfield targeted Stephen Woodbridge’s property for unpaid taxes of a little less than $6,000. Four years later, the city succeeded in gaining legal ownership of a property that had been in the Woodbridge family for 70 years. MATTHEW CAVANAUGH/FOR THE BOSTON GLOBE

Boston Globe: "‘Home equity theft’ in Massachusetts is the focus of federal lawsuit"

"In 2017, the city of Greenfield targeted Stephen Woodbridge’s property, which totaled almost 20 acres and included a rambling 10-room house, for unpaid taxes of a little less than $6,000.

Four years later, after making numerous complex and arcane court filings, the city succeeded in gaining legal ownership of a property that had been in the Woodbridge family for 70 years.

Woodbridge was quickly evicted, and the city sold his house and six surrounding acres for $270,000 at auction. The city added Woodbridge’s other 13 wooded acres to a contiguous city-owned park without compensating him.

The city reaped a tidy cash profit of at least $220,000 — the $270,000 sale price at auction minus the $50,000 Woodbridge owed in taxes, interest, and other costs run up while the tax-taking case moved through the system. Woodbridge’s debt had ballooned almost tenfold since 2017 because he was charged fees for the city’s attorneys plus 16 percent interest on his debt — as permitted by law."

Continue reading the article online (subscription maybe required)

https://www.bostonglobe.com/2024/01/25/business/home-equity-theft-federal-lawsuit/

Al Norman is pictured near Stephen Woodbridge’s former Greenfield property Wednesday. Norman is a community activist fighting against so-called "home equity theft," when municipalities take all the home equity in a house where the back taxes are only a fraction of the property's value. MATTHEW CAVANAUGH/FOR THE BOSTON GLOBE

Talking Property Tax Data Insights with Max Morrongiello - 08/10/23 (audio)

FM #1049 = This is the Franklin Matters radio show, number 1049 in the series. 

This session of the radio show shares some Mass Property Tax Data Insights as analyzed by Max Morrongiello. We had our conversation in the Franklin TV studio on Thursday, August 10, 2023.  

Max shares some insights from the linear regression analysis he performed with the available data from the US Census and Mass Dept of Revenue among other resources.

For example, Franklin property tax bills are about 4% less than the linear regression analysis would predict them to be.

The recording runs about 28 minutes. Let’s listen to my conversation with Max on Thursday, August 10, 2023

Audio file -> https://franklin-ma-matters.captivate.fm/episode/fm-1049-property-tax-data-insights-08-10-23

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Policy Brief on per pupil spending

https://drive.google.com/file/d/1LP5fI1Gm0NKkUuAYaWTKF2HSadjfinNY/view?usp=drive_link 

Are Franklin’s taxes low?

https://drive.google.com/file/d/1LJHukt7tGB3-dTLWyX5NoIJE8J8jZib3/view?usp=drive_link 

Data files used for the analysis

Microsoft Excel format ->

https://docs.google.com/spreadsheets/d/1uQE3e2_4RSj3zZRQ-9p7biDI-3Kk6E6d/edit?usp=drive_link&ouid=101938843903614700481&rtpof=true&sd=true 

Comma Separated Value format (CSV)

https://drive.google.com/file/d/1E90EFjLb0GkMrAFy75zXR7wqHHh5XgTV/view?usp=drive_link 

Info on JASP -> https://en.wikipedia.org/wiki/JASP   and   https://jasp-stats.org/jasp-materials/ 

Max’s LinkedIn profile -> https://www.linkedin.com/in/maxmorrongiello/  

And specifically on metrics and statistical analysis -> Maxwell Metrics: Policy Analytics & Consulting

You can contact Max via email -> Max.Morrongiello @ gmail dot com

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

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 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"

Talking Property Tax Data Insights with Max Morrongiello - 08/10/23 (audio)

Fiscal Year 2024 1st Quarter Real Estate and Personal Property Tax Bills due August 1, 2023

Fiscal Year 2024 1st Quarter Real Estate and Personal Property Tax Bills due August 1, 2023

Notice from the Treasurer/Collector

Fiscal Year 2024 Real Estate and Personal Property Tax Bills - First Quarter

Treasurer/Collector Kerri A. Bertone has mailed the Fiscal Year 2024 first quarter real estate and personal property tax bills.  Payment is due by August 1, 2023. 

Payments received after the due date are charged 14% interest.

Read more

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills - Fourth Quarter

Notice from the Office of the Treasurer/ Collector:

Treasurer Collector Kerri A. Bertone has mailed the Fiscal Year 2023 fourth quarter real estate and personal property tax bills.  Payment is due by May 1, 2023.  Payments received after the due date are charged 14% interest.

Shared from -> https://www.franklinma.gov/home/news/notice-treasurer-collector-fy-23-real-estate-and-personal-property-tax-bills-fourth

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills - Fourth Quarter

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills - Third Quarter

Notice from the Office of the Treasurer/ Collector:

Treasurer Collector Kerri A. Bertone has mailed the Fiscal Year 2023 third quarter real estate and personal property tax bills. Payment is due by February 1st, 2023. Payments received after the due date are charged 14% interest.

Shared from -> https://www.franklinma.gov/home/news/notice-treasurer-collector-fy-23-real-estate-and-personal-property-tax-bills-third-quarter

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills - Third Quarter

Franklin, MA: Tax Rate Public Hearing scheduled for Nov 30, 2022

The Franklin Town Council will hold a Public Hearing in the Council Chambers of the Municipal Building, 355 East Central Street, Franklin, MA on Wednesday, November 30, 2022 at 7:00 P.M. on the issue of allocating the local property tax levy among the 5 property classes for the Fiscal Year 2023. The hearing will provide an open forum for the discussion of local property tax policy. Interested taxpayers may present oral or written information on their views.

Prior to the setting of the tax rate, the Town Council must adopt a Residential Factor following which the Council selects the percentage of the levy to be borne by Commercial, Industrial and Personal Property.

Citizens are welcome to attend public meetings in person. Additionally, citizens will be able to continue to participate remotely via phone OR Zoom. Residents can visit the Town Website (Franklinma.gov) and click on the Town Calendar for up to date information on how to access the meeting. If you have any questions, please call the Town Administrator’s Office at (508) 520-4949.

Submitted by,

Alecia Alleyne

Assistant to the Town Administrator

Shared from ->  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/2022-11-30_tax_rate_hearing_legal_ad_-_web.pdf

Franklin, MA: Tax Rate Public Hearing scheduled for Nov 30, 2022

Town of Franklin, MA: Finance Committee - Oct 26, 2022 - 7 PM

Finance Committee Meeting

Agenda & Meeting Packet

Wednesday, October 26, 2022 - 7:00 PM

Meeting will be held at the Municipal Building

2nd floor, Council Chambers

Agenda

1. Call to Order

2. Public Comment

3. Approval of Minutes: 9-28-22 & 10-18-22

4. The Bill Dowd “Deep Dive” Series:

a. Presentation: Assessing Department, Kevin Doyle & the Franklin Board of Assessors

5. Future Agenda Items

6. Adjourn

Please find the agenda and links for the October 26th, 2022 Finance Committee meeting posted here: https://t.co/nzAX525RCo 

Shared from Twitter -> https://t.co/yJj0iyvERL

Town of Franklin, MA: Finance Committee - Oct 26, 2022 - 7 PM

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills - Second Quarter

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills - Second Quarter

Notice from the Office of the Treasurer/ Collector:

Treasurer Collector Kerri A. Bertone has mailed the Fiscal 2023 second quarter real estate and personal property tax bills.  Payment is due by November 1, 2022.  Payments received after the due date are charged 14% interest.

Shared from -> https://www.franklinma.gov/home/news/notice-treasurer-collector-fy-23-real-estate-and-personal-property-tax-bills-second

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills - Second Quarter

Town of Franklin: Legal Notice - FY2021 Tax Taking

Legal Notice FY2021 Tax Taking

Shared from -> https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/legal_notice_tax_taking.pdf

Town of Franklin: Legal Notice - FY2021 Tax Taking

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills

Notice from the Office of the Treasurer/ Collector:

Treasurer Collector Kerri A. Bertone has mailed the fiscal year 2023 real estate and personal property bills.  Payment is due by August 1, 2022.  Payments received after the due date are charged 14% interest.

Shared from Town of Franklin page ->  https://www.franklinma.gov/home/news/notice-treasurer-collector-fy-23-real-estate-and-personal-property-tax-bills

Notice from the Treasurer/ Collector: FY 23 Real Estate and Personal Property Tax Bills

"The law surrounding tax takings in Massachusetts is terribly unfair and needs to end"

"The California-based Pacific Legal Foundation is using Foss’s case to challenge a Massachusetts law that lets a municipality seize a property due nonpayment of property taxes, then sell the property and keep any profit above the amount owed. (Municipalities often sell tax liens to for-profit companies like Tallage, which then sell the property.) The foundation filed a lawsuit on Foss’s behalf Tuesday in Suffolk County Superior Court. 

“Instead of returning the extra $210,000 equity that I had, Tallage took my home and kept the equity I had in it, leaving me with absolutely nothing,” Foss said, speaking to reporters outside the Suffolk County courthouse on Tuesday. “I understand the government trying to settle debts that I owe, but giving away my home and all the money I held in it is cruel and wrong.” 

Continue reading the article online

https://commonwealthmagazine.org/courts/lawsuit-challenges-statute-that-denies-homeowners-profit-from-foreclosed-homes/

 

State Rep Jeff Roy:

"The law surrounding tax takings in Massachusetts is terribly unfair and needs to end. We have filed H3053 to make takings like a mortgage foreclosure, and restore protections so homeowners receive adequate notice to save their homes."

 Link to the H3053 legislation -> https://malegislature.gov/Bills/192/H3053

Shared from Twitter -> https://twitter.com/jeffroy/status/1508911399824728069

Deborah Foss filed a lawsuit in Suffolk Superior Court on March 29, 2022 challenging the seizure and sale of her home for unpaid property taxes. (Photo by Shira Schoenberg)

Notice from the Treasurer/ Collector: FY 22 Third Quarter Real Estate and Personal Property Tax Bills

Notice from the Treasurer/ Collector: FY 22 Third Quarter Real Estate and Personal Property Tax Bills

Treasurer Collector Kerri A. Bertone has mailed the fiscal 2022 third quarter real estate and personal property tax bills.  Payment is due by February 1, 2022.  Payments received after the due date are charged 14% interest.

Shared from Town of Franklin page ->   https://www.franklinma.gov/home/news/notice-treasurer-collector-fy-22-third-quarter-real-estate-and-personal-property-tax-bills

Notice from the Treasurer/ Collector: FY 22 Third Quarter Real Estate and Personal Property Tax Bills

Town Council meeting - Dec 1. 2021 - audio in two parts

FM #671-672 = This is the Franklin Matters radio show, number 671-672 in the series. 

This session shares part of the Franklin, MA Town Council meeting held on Wednesday, December 1, 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 two hour into two (2) logical segments:

• First - covers the opening, Tax Rate Hearing including approval of the several resolutions required to complete setting the rate for FY 2022 (~49 mins) https://player.captivate.fm/episode/6128980e-13cf-4dcd-9189-ed9d2716ea4a
• Second - covers the annual Snow presentation and discussion, Council Comments, and Council votes to enter Executive Session, not to return to open meeting. (~ 1 hour and 11minutes) https://player.captivate.fm/episode/91a26556-85de-4148-aba1-0fb3070e4d48

The show notes contain links to the meeting agenda. Let’s listen to this segment of the Town Council meeting of Dec 1, 2021

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Agenda document ->  https://franklinma.gov/sites/g/files/vyhlif6896/f/agendas/town_council_agenda_dec_1_2021.pdf

My notes from the meeting  -> https://www.franklinmatters.org/2021/12/recap-town-council-sets-tax-rate-at.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"

 

Town Council meeting - Dec 1. 2021 - audio in two parts

Town Council Quarterbacking - 12/02/21 - What happened at the Town Council meeting? (audio)

FM #670 = This is the Franklin Matters radio show, number 670 in the series. 

This shares my conversation with Town Council Chair Tom Mercer. This is one of a series of conversations meant to provide a recap of the prior Council meeting. Akin to one of the many sports post-game analysis broadcasts we are familiar with in New England,  this would be a discussion focused on the Franklin Town Council meeting of December 1, 2021: 

• ok, what just happened? 

• What does it mean for Franklin residents and taxpayers?

We cover the following key topics

• Subcommittee assignments announced, meeting calendar approved

• Tax rate hearing

• Snow presentation

• TA Report – NationalGrid

The recording runs about 35 minutes:

Links to the meeting agenda and associated documents released for this meeting are included in the show notes. The link to my notes taken during the meeting is also provided.

Let’s listen to this recording of Town Council Quarterbacking Dec 2, 2021

** Audio file -> https://player.captivate.fm/episode/85b955b3-30b4-48da-8224-2a8adc484fe5

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Town Council Agenda document ->  

https://franklinma.gov/sites/g/files/vyhlif6896/f/agendas/town_council_agenda_dec_1_2021.pdf

 

My notes from the meeting  -> 

https://www.franklinmatters.org/2021/12/recap-town-council-sets-tax-rate-at.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 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"

Snow presentation