Guidelines and Criteria to be Applied by Franklin Town Council in Determining Penalty to be Imposed Upon Alcohol Beverage Licenseholder for Violation

A BYLAW TO AMEND THE CODE OF THE TOWN OF FRANKLIN AT CHAPTER 47.

BE IT ENACTED BY THE FRANKLIN TOWN COUNCIL that Chapter 47 of the Code of
the Town of Franklin is amended by adding a new Section 47-22 as follows:

§47-22. Guidelines and Criteria to be Applied by Franklin Town Council in Determining Penalty to be Imposed Upon Alcohol Beverage Licenseholder for Violation.

A. Guidelines for Compliance Check Violations:

First Offense

Three to five-day suspension, one to three days to be served, with balance held in abeyance for two years.

Second Offense*
Five to seven-day suspension, three to five days to be served, with balance held in abeyance for three years.

Third Offense*
Seven to ten-day suspension, five to seven days to be served, with balance held in abeyance for five years.

*Any outstanding prior penalty held in abeyance shall be brought forward and served.

All penalties shall be served, at Council's option, commencing on the day of the week of the violation.


B. Other Operational Violations:

The Town Council shall consider each alleged violation on its facts, on a case-by-case basis and reserves its statutory right to modify, suspend or revoke a license; however, it may, in its sound discretion, apply the guidelines for compliance check violations, as well as aggravating or mitigating factors as follows:

Aggravating Factors:

1. Deliberateness of violation: intentional, willful, or negligent.

2. Facts of violation
a. Incident impacting public safety or accident involving serious personal injury or death.
b. Continued service of intoxicated or underage person or serve of multiple intoxicated and/or underage persons.

3. Multiple statutory and/or local bylaw violations.

4. Licensee's obstruction of or non-cooperation in investigation.

5. Licensee's failure to provide adequate staff training and oversight procedures.

6. Number and frequency of prior violations.

Mitigating Factors:

1. Licensee's acknowledgment of violation.

2. Licensee's cooperation in investigation.

3. Licensee's prevention attempts: equipment installation, staff training, oversight procedures, etc.

4. Licensee's voluntary remediation efforts: additional equipment, training, procedures, etc.

This bylaw amendment shall become effective upon passage in accordance with the provisions of the Franklin Home Rule Charter.



The full listing of Franklin, MA bylaws can be found online here
http://ecode360.com/FR1096?needHash=true

Live reporting - Closing

K. TOWN ADMINISTRATOR’S REPORT
CIC grant of $20K for dispatch center to create one map of the four towns combined

DPW won a $100K grant on stormwater

State did open the bids for downtown project, Walsh apparently low bidder, apparently not awarded yet

Head's up - coming in the sewer bills, don't flush the wipes down the toilet
$100K to replace grinder pumps due to the problem
pills harm aquatic life when they go through the system
this cost the sewer rate

Executive session is requested
Department head presentations starting enxt meeting with Facilities first

L. OLD BUSINESS
none

M. NEW BUSINESS
discussion re-zoning route 140 at next meeting
bring the DPW back for the roads discussion, second meeting in Mar


N. COUNCIL COMMENTS


O. EXECUTIVE SESSION
Negotiations, Litigation, Real Property, as May Be Required

P. ADJOURN

Live reporting - Legislation for Action

I. SUBCOMMITTEE REPORTS


J. LEGISLATION FOR ACTION
1. Resolution 14:06: Acceptance of Gift – Franklin Public Library

Maria Lucier - President of Friends of Franklin Library
Established a scholarship in name of Wilma Winters
$1000 to FHS senior, part of consideration is an essay
now part of the MA Association of Friends of the Library
$184,000 donated since 2005; covering areas for where the budget is not covered

motion to approve, seconded - passed 8-0


2. Resolution 14-07: Revoke Civil Service – Fire Department
motion to approve, seconded

since 1975 various groups have been exempted from civil service
the long exception currently is the Fire Dept
we do have a legal obligation to negotiate with the Fire Union
The union had said they did not want to negotiate until the Council revokes
it is a difficult and tedious human resources process
over 200 folks took the test recently
every grandfathered who exists, would only affect future hires

Mercer - proud of men and women that work for the Fire Dept
all of the other unions have changed, I don't see a downside to this
the system is over 100 years old
directed to negotiate sustainable contracts, we don;'t want to eliminate positions
new contracts needed to contain different structures for new employees, the others have agreed to this
we are waiting for the fire union to make this agreement
as the last union
I would respectfully request that both sides return to the bargaining table to resolve this

Donovan - I disagree with de-valuing our job
I don't see someone coming on the job and being paid less than someone next to you on the line
everyone who has done this, causes problems done the road
whether you like unions or not, that is not the issue
mandatory overtime, short staffed
next 6-7 years three-quarters of the department would be gone
I don't see the few jobs that are out there will make the difference
we have to depend on each other
I think it is unfortunate that they made that choice
the nuts and bolts of each contract is different

Kelly - If it is hose that you need or equipment, I'd be first to get it for you

Pfeffer - do we have coverage?
McCarragher - we are at nine tonight, no one was taken off to come here tonight

Bissanti - Question on the process, it doesn't fall on deaf ears. Maybe special consideration should be made?
Nutting - we bargain how to implement the decision, there is no right to bargain over the civil service itself
Bissanti - I heard a compelling argument to keep it but then things change, it is not costing us anything. This should not be stopping our fire fighters from going forward. I haven't heard a compelling argument has been made. I can't see it

Jones - Councilor Mercer has stated all the facts, I concur with Councilors Kelly and Bissanti. My own union has been facing changes like this and we have overcome them. It is my hope that we can get over this and get to negotiation to resolve this. I think you do a great job.

Passed 8-0 via roll call


3. Resolution 14-08: The Woodlands-Approval of Modification (Amendment) to Regulatory Agreement
motion to waive reading, seconded
motion to approve, seconded, passed 8-0

this was to resolve the legal matters around a bankruptcy


4. Bylaw Amendment 14-727: Amendment to Chapter 47, Alcoholic Beverages – 2nd Reading
motion to approve, seconded, passed 8-0

formalize a past practice for treating liquor violations in a fair and consistent fashion
typically see compliance checks not the course of business violations
those are taken care of in a different section here
The ABC is not thrilled with compliance checks
in the course of the last appeal,the ABC was looking for written guidelines

good to see, can provide to the license owners so they will know
if adopted, this will be sent to all licenses holders

good to have a baseline to start with, does not change the Councils ability to deviate as necessary

Passed 8-0 via roll call


5. Bylaw Amendment 14-729: Amendment to Chapter 179-9.1, Exhibit A, Water System Map - 2nd Reading
motion to approve, seconded,
amended to include the memo from the Town Engineer for what the developer has agreed to for compliance

Passed 8-0 via roll call

6. Bylaw Amendment 14-730: Amendment to Chapter 139-14, Exhibit A, Sewer System Map – 2nd Reading

Passed 8-0 via roll call

Live reporting - 5 year Financial Forecast

H. PRESENTATIONS/DISCUSSIONS
Financial Forecast – Jeffrey Nutting

draft provided earlier, not changed from draft
http://www.franklinmatters.org/2014/02/franklin-ma-five-year-fiscal-forecast.html

full report is online
(will provide link when available)

unfunded liability is almost as big as our annual budget ($86M vs $100M)
Franklin not alone in facing this issue

need to continue to lobby for change of outmoded and expensive laws

Live reporting: Town Council - Feb 12, 2014

Present: Feldman, Mercer, Kelly, Vallee, Pfeffer, Jones, Bissanti, Williams
Absent: Padula


A. APPROVAL OF MINUTES
January 29, 2014- Workshop;
January 22, 2014 - Executive Session

motion to approve, seconded, passed 8-0


B. ANNOUNCEMENTS
This meeting is being recorded by Franklin TV and shown on Comcast channel 11 and Verizon channel 29. This meeting may be recorded by Franklin Matters.

C. PROCLAMATIONS/RECOGNITIONS
none

D. CITIZEN COMMENTS
Bob Donovan - Franklin Fire Dept - speaking in oppose the motion to removing the Fire Fighters from Civil Service; surprised by the agenda item, under negotiation for current contract; police have language but it may not fit the fire fighters situation. Haven't had the change to talk about it. Civil service is a huge item.

The impact of the passage would have to be negotiated. There are a lot of others things going on with the contract, civil service is not a topic there. There are a lot of liabilities to go along with the civil Service process. Let's work it out before you take it away.

On behalf of the membership, the fire fighters are against removing civil services


E. APPOINTMENTS
none

F. HEARINGS
none

G. LICENSE TRANSACTIONS
none

Franklin Schools: Weather Update - decision Thursday morning

A message from FRANKLIN PUBLIC SCHOOL DISTRICT

February 12, 2014

Dear Parent/Guardians /Faculty/Students:

Current weather forecasts suggest that Franklin will experience another winter storm beginning on Thursday, February 13^th during the morning hours and may continue until Friday, February 14^th. We have been monitoring the changing forecast and all we can be sure of is there will be snow, ice, rain and wind. We are also concerned about the potential loss of power. Due to a variety of safety factors we do not plan to bring students in and then dismiss early. AS a community with a number of working parents and the changeable conditions across the state we feel this option is not advisable for students, staff or parents. Additionally, keeping school parking lots clear of cars and traffic will facilitate a more efficient cleanup for DPW.

Based on the current forecast we will make our decision by 5:30 a.m. on Thursday. We will monitor the weather reports, confer with public safety officials and make the best decision with the available information. We will initiate our Connect Ed message at 5:30 a.m. and post messages on all major television stations. We will also post a message on our website. If school is not canceled, parents as always maintain the right to keep children home. If you make this decision please contact the school and let them know.

As we look to Friday, February 14^th the timing of the storm may impact our opening. If we need to implement a delayed opening we will use Connect Ed messaging and place the message on all major television networks.

Several parents have inquired as to the last day of school and as of today it is June 19 (this reflects 3 snow days. As per MA General Law we are required to complete 180 school days and the school year must end on June 30. We have seven days left to use for inclement weather.

Our goal is always to open school but our priority is safety for all students and staff.

Stay Safe,
Maureen Sabolinski

This e-mail has been sent to you by FRANKLIN PUBLIC SCHOOL DISTRICT. To maximize their communication with you, you may be receiving this e-mail in addition to a phone call with the same message. If you wish to discontinue this service, please inform FRANKLIN PUBLIC SCHOOL DISTRICT either IN PERSON, by US MAIL, or by TELEPHONE at 508-613-1777.

The Winter St sign appropriately from 'Nemo' in Feb 2012

Storm warning: Parking Ban Activated

PARKING BAN ACTIVATED 02/12/2014

URGENT - WINTER WEATHER MESSAGE

NATIONAL WEATHER SERVICE TAUNTON MA

1018 AM EST WED FEB 12 2014

...STRONG WINTER STORM TO IMPACT SOUTHERN NEW ENGLAND THURSDAY

INTO FRIDAY MORNING...

MAZ006-013-122330-

/O.CON.KBOX.WS.A.0005.140213T1200Z-140214T1200Z/

WESTERN ESSEX MA-WESTERN NORFOLK MA-

INCLUDING THE CITIES OF...LAWRENCE...FOXBORO...NORWOOD

1018 AM EST WED FEB 12 2014

...WINTER STORM WATCH REMAINS IN EFFECT FROM THURSDAY MORNING

THROUGH FRIDAY MORNING...

* LOCATIONS...INCLUDE WESTERN ESSEX AND WESTERN NORFOLK COUNTIES.

* HAZARD TYPES...LOCALLY HEAVY SNOW CHANGING TO RAIN.

* ACCUMULATIONS...SNOW ACCUMULATION OF 4 TO 6 INCHES...ALONG

 WITH AROUND A TRACE OF ICE.

* TIMING...SNOW DEVELOPING THURSDAY MORNING BECOMING HEAVY AT

 TIMES BEFORE CHANGING TO RAIN THURSDAY AFTERNOON.

* IMPACTS...TRAVEL WILL BE DIFFICULT THURSDAY INTO THURSDAY

 NIGHT.

* WINDS...NORTH 15 TO 25 MPH WITH GUSTS UP TO 45 MPH.

PRECAUTIONARY/PREPAREDNESS ACTIONS...

A WINTER STORM WATCH IS ISSUED FOR THE POTENTIAL OF ACCUMULATING

SNOW OF 6 OR MORE INCHES IN A 12 HOUR PERIOD...OR 8 OR MORE

INCHES IN A 24 HOUR PERIOD. ANYONE TRAVELING IN THE NEXT 24 TO

36 HOURS SHOULD MONITOR LATER FORECASTS AND BE PREPARED TO MODIFY

TRAVEL PLANS SHOULD WINTER WEATHER DEVELOP.

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