FM #70 - Week Ending 6/20/10

This is #70 in the series on what matters in Franklin, MA. As the week closes, Father's Day, June 20th, let's take about ten minutes to review the week behind and look ahead.

Time: 8 minutes, 50 seconds



MP3 File

Session Notes:

This internet radio show or podcast, number 70 in the series for Franklin Matters.

Let's take about ten minutes to review what matters this week as it comes to a close with Father's Day here in Franklin, MA on June 20th.

Last week instead of doing a new session, I re-published the analysis I had done on the split versus single tax rate in December 2009. The topic had come up again during the override discussion. With so many new readers/listening I thought it would be appropriate to bring that piece forward.

http://franklinmatters.blogspot.com/2010/06/refreshed-tax-rate-and-split-tax.html

The Town Council held their two budget hearings (Jun 9 and 10) after the override results were finalized. The budget with all the cuts as discussed was accepted.

Weds 6/9
http://franklinmatters.blogspot.com/2010/06/live-reporting-town-council-fy-2011.html
Thur 6/10
http://franklinmatters.blogspot.com/2010/06/live-reporting-town-council-fy-2011_10.html


The Town Council met on the 16th and approved a transfer of $100,000 from free cash was approved to cover for the additional unemployment expenses the town will encounter due to the layoffs of 15 teachers and 3 police dispatchers. The other personnel cuts were from positions that opened due to retirements or folks leaving and while the positions went unfilled, they have now been removed from the roster.

http://franklinmatters.blogspot.com/2010/06/town-council-061610.html

Of interest was the analysis on the Open Meeting law changes that are scheduled to take effect July 1. Some of the details remain to be determined so it will be interesting to see which way the state proceeds. The intent is to make the town business meetings more accessible and open.

The document Mark Cerel shared with the Town Council can be found here:
http://franklinmatters.blogspot.com/2010/06/mark-cerel-analysis-of-open-meeting-law.html

A great deal of misinformation is still prevalent in the conversations particularly in the comment stream for the Franklin articles in the Milford Daily News.

The task remains to continue to share accurate information and encourage its spread. The PEW Internet and American Life Project published a study that showed:

In a poll conducted at the end of last year, we asked about online connections to communities and neighbors and found that in the twelve months preceding our survey:

• 22% of all adults (representing 28% of internet users) signed up to receive alerts about local issues (such as traffic, school events, weather warnings or crime alerts) via email or text messaging.
• 20% of all adults (27% of internet users) used digital tools to talk to their neighbors and keep informed about community issues.

What becomes relevant for our actions here is their finding that the largest single source of local information was obtained by talking face-to-face.

Overall, physical personal encounters remain the primary way people stay informed about community issues. In the twelve months preceding our survey:

• 46% of Americans talked face-to-face with neighbors about community issues
• 21% discussed community issues over the telephone
• 11% read a blog dealing with community issues
• 9% exchanged emails with neighbors about community issues and 5% say they belong to a community email listserv
• 4% communicated with neighbors by text messaging on cell phones
• 4% joined a social network site group connected to community issues
• 2% followed neighbors using Twitter

The full study document can be found here:
http://pewinternet.org/Reports/2010/Neighbors-Online.aspx

Given the majority of information is shared in personal conversations, the opportunity is to continue to share accurate information on what matters in Franklin and encourage you to talk with your neighbors.

The battle of accurate information versus misinformation will be won, one conversation at a time.

What does the week look like?

The distribution of the new trash and recycle bins is scheduled to complete this week. As I ran down Chestnut st Sunday morning, I saw a few houses where they had been delivered but not yet pulled into the yard from street side.

The Planning Board meets on Monday, June 21. Of interest is the continuation of the hearing on the special permit for the Price Chopper proposal as well as opening a new hearing for the same property. I anticipate that what is happening is the original plans are being changed so they will close that hearing (and proposal) and open a new one. We'll find out if this analysis is correct.

The School Committee meets on Tuesday. They will formally accept their budget which will require the reduction in 15 teachers and then approve the increase in sports and activity fees as presented during the override discussion.

The EPA will hold a brief information session on Tuesday at Tri-County regarding the storm water treatment regulation changes they are proposing and then immediately following open a public hearing to take comments on the proposed changes.

The Financial Planning Committee is scheduled to meet on Wednesday. No agenda is available for this meeting at this time.

A friendly reminder also that there is a poll question open until June 25th. It arose from the discussions amongst the comments on the Milford Daily News. The question can be found on the front page of FM. The story behind the question can be found here
http://franklinmatters.blogspot.com/2010/06/what-if-poll-fixed.html

As I close the session this week, let me remind you that

• If you like what I am doing here, please tell your friends and neighbors
• If you don’t like something, please tell me

Thank you for listening!


For additional information, please visit Franklinmatters.blogspot.com/

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 and Tintype Tunes, 2008 and used with their permission

I hope you enjoy!

Note: email subscribers will need to click through to Franklin Matters to listen to the audio podcast.

Downtown Consignment

Updated 5/17/11 - sometime in the past couple of months, Downtown Consignment moved to an unknown location in Plainville. The Franklin Art Association now has a gallery in this location.

Downtown Consignment is open for business. Conveniently located in the Berry Building, the mother/daughter operation provides brand name items for 60-70% less than the original price tag.

They accept the items on consignment for 60 days. Each item must be a brand name and either still new with the tag or gently used.

Sections of the store cover women's, men's children's clothing. They also have shoes, jewelry and designer bags.

Stop it sometime. I found them open during the Strawberry Festival last week and returned to talk with Maureen Parkinson, (the mother) co-owner with Jennifer Connolly (the daughter).

Downtown Consignment are new members of the Franklin Downtown Partnership.

Franklin, MA

Mark Cerel: Analysis of Open Meeting Law

This was the document shared by Mark Cerel during the Town Council Meeting of June 16th on the revisions to the Open Meeting Law.

ANALYSIS OF NEW (REVISED) OPEN MEETING LAW:

G.L. CHAPTER 30A, SECTIONS 18-25

1.              OVERVIEW

·       Starting July 1, 2010

·       New law enhances a public body's ability to attend meeting of other public bodies and otherwise to meet and communicate without deliberating

·       New notice and posting requirements

·       Changes to conduct of meeting

(a)              New duties of Chairman

(b)              Executive Session

·       Minutes and documents – Also impacts public records law

2.              KEY DEFINITION CHANGES

·       New definition of "Deliberate":  "Deliberation", an oral or written communication through any medium, including electronic mail, between or among a quorum of a public body on any public business within its jurisdiction.

(a)              Exceptions: Not "Deliberation":  Provided, however, that "deliberation" shall not include the distribution of a meeting agenda, scheduling information or distribution of other procedural meeting or the distribution of reports or documents that may be discussed at a meeting, provided that no opinion of a member is expressed.

·       New definition of "Meeting":  "Meeting", a deliberation by a public body with respect to any matter within the body's jurisdiction.

(a)              Exceptions, i.e. not a meeting provided, however, "meeting" shall not include:

              -              an on-site inspection of a project or program, so long as the members do not deliberate;

              -              attendance by a quorum of a public body at a public or private gathering, including a conference or training program or a media, social or other event, so long as the members do not deliberate;

              -              attendance by a quorum of a public body at a meeting of another public body that has complied with the notice requirements of the open meeting law, so long as the visiting members communicate only by open participation in the meeting on those matters under discussion by the host body and do not deliberate;

              -              a meeting of a quasi-judicial board or commission held for the sole purpose of making a decision required in an adjudicatory proceeding brought before it;

·       New definition of "Public Body":

(a)              a multiple-member board, commission, committee or subcommittee

(b)              within the executive or legislative branch or within any county, district, city, region or town,

(c)              however created, elected, appointed or otherwise constituted,

(d)              established to serve a public purpose;

(e)              provided, however, that the governing board of a local housing, redevelopment or other similar authority shall be deemed a local public body;

(f)              provided, further, that the governing board or body of any other authority established by the general court to serve a public purpose in the commonwealth or any part thereof shall be deemed a state public body;

(g)              provided, further, that "public body" shall not include the general court or the committees or recess commissions thereof, bodies of the judicial branch or bodies appointed by a constitutional officer solely for the purpose of advising a constitutional officer

(h)              and shall not include the board of bank incorporation or the policyholder's protective board;

(i)              and provided further, that a subcommittee shall include any multiple-member body created to advise or make recommendations to a public body.

3.              NEW NOTICE AND POSTING REQUIREMENTS

·       Still 48 hours – but now cannot include Saturdays; Saturday, Sunday and holidays not included in count

·       Chair must include in notice a listing of topics that the Chair "reasonably anticipates will be discussed at meeting"

·       NOTE:  Notice requirement are not necessarily same as agenda

·       Emergency meetings – post as soon as possible prior to the meeting

·       Posting must be "conspicuously visible to the public at all hours in or on the municipal building"

(a)              Options being considered by AG

              -              bulletin board

              -              other location

              -              computer monitor

              -              telephone message

4.              CONDUCT OF MEETING

·       Chair must announce at beginning if anyone is making a video or audio recording

·       Person can "transmit" meeting through any medium, subject to reasonable requirements of the Chair; person needs to notify Chair re: recording

·       Still need permission of Chair to speak

·       Pending approval of AG, may be able to have electronic remote participation (physical quorum must still be present)

5.              EXECUTIVE SESSIONS

·       Statute still contains same substantive exemptions from Open Session, but:

(a)              exemptions no. 1 (discuss health, reputation, character) and no. 2 now combined and a new right provided for the person who is the subject of the meeting to make an independent record" of the ES

·       Chair needs to state the purpose of the ES and "all subjects which may be revealed without compromising the purpose for which the ES was called"

·       For ES for litigation/collective bargaining, real estate, and interviewing applicants, Chair must state that OS will be detrimental

·       Important to be sure Chair does this – include reminder in motion for ES

6.              NEW DUTIES OF CHAIR

·       Chair must list in notice topics which Chair "reasonably anticipates will be discussed at meeting"

·       Practice Tip – include in "notice" phrase: "The listing of matters are those reasonably anticipated by the Chair which may be discussed at the meeting.  Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law".

·       Announce at beginning if anyone is making a video or audio recording

·       Chair needs to state the purpose of the ES and "all subjects which may be revealed without compromising the purpose for which the ES was called"

·       Must state whether body is returning to Open Session or not.  (If you fail to so state, cannot go back to OS.)

·       Although tasks can be done by others, Chair should be sure that someone is keeping track of documents used at meeting; likely to be Clerk member or administrative staff person.

(a)              list of documents

(b)              copies of documents

·       Chair or designee review ES minutes at reasonable intervals

·       To see if continued non-disclosure is still warranted under the exemptions

7.              MINUTES AND DOCUMENTS: OPEN MEETING LAW AND PUBLIC RECORDS LAW

·       Still important part of Open Meeting Law

·       Minutes remain key public record of meeting

·       Minutes now must:

(a)     Provide "summary of the discussion on each subject"

(b)     Include list of document and exhibits "used by the body" at the meeting

(c)  Documents used at meeting (OS) are not shielded under the Public Records Law exemptions, except:

    - evaluation material

    -  employment application materials

(d)  be made available within ten days of request, whether approved or in draft form

·       For Executive Sessions (ES)

(a)  Documents not public until purpose of ES has expired, and documents can still remain not subject to disclosure:

       -  are covered by the attorney-client privilege; or

- if publication will defeat lawful purpose of ES and ES was lawfully held; or

        - if one or more Public Records exemptions apply

- if ES for collective bargaining or litigation and release would jeopardize position of body (& then only for so long as needed) (unless attorney-client privilege or Public Records exemption)

·       Any document or exhibit "used" at meeting is now part of the official record of the meeting and must be maintained as such

·       What is meant by "used"?  (Conflict between Section 22(d) and (e):

(a)              Section 22(d): used by body

(b)              Section 22(e): used at the session

8.              MINUTES OF MEETINGS

·       All minutes – for both OS and ES – must be:

(a)   Accurate

(b)   Include date, time and place

(c)   Members present or absent

(d)   Summary of discussion on each subject

(e)   List of all document/exhibits used

(f)    Decisions made

(g)   Actions taken

·       Created and approved w/l timely manner

·       For OS minutes, to be made available within 10 days, even if in draft form, to anyone requesting same

·       Documents and exhibits used, along with minutes, now public records and part of the official record of meeting

·       Review and release

(a)    At "reasonable intervals", Public body, Chair or designee reviews minutes of ES

(b)  To see if continued non-disclosure is still warranted under the exemptions

(c)  Determination announced at next meeting and determination to be included in meeting minutes

(d)  10-day response period still in effect

(e)  If body has not already reviewed executive session minutes and there is a request, body is to review minutes and release non-exempt minutes no later than body's next meeting or within 30 days, which ever first; cannot assess fee for time body spent in review

Franklin, MA