12 29 2022 Historical Commission

Good evening, everyone. Um and welcome to the special hearing for the Fall River Historical Commission which is being recorded via Zoom. Um pursuant to the open meeting law. Any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium.

Attendees are therefore advised that such recordings or transmissions are being made whether perceived or unperceived by those present and are deemed acknowledged and permissible. make it a roll call for the virtual hearing for Thursday, December 29th, 2 thousand 22. Connie Sol here virtually. Lindsay Block here.

Rick Mancini via phone and Jason Bouchard Naraki attending via Zoom. Uh via Zoom. Um okay.

Um let's see and I, Liz, I forgot to give the start time. It was at 619 that we had started the meeting. Oh, okay. Thanks.

Okay. do we have, I sent around the minutes from December 15th, were there any questions, concerns on the meeting at all, or on the, the minutes? No.

To accept the minutes. Connie made a motion to accept the minutes. I'll second the motion. Alright and Liz, second, the motion. Uh may I get a roll call vote to approve the minutes from December 15th?

So do we just say our name and then? Yes, and your, your vote.

Connie Sol, yes. Yes.

and okay and Liz you said yes.

Yeah. Okay and Jason Bouchard and Rocky, yes. Okay. So, that is all set. Yeah, with the Zoom meetings, we need to do a roll-call vote. Is there any citizen input that we have for tonight's meeting?

Okay. Alright. Moving on. Um item five A. Uh we received two open meeting law complaints. Um items five A and five B. Uh the first one sent from Mister Patrick Higgins regarding the virtual hearing for November 17th 2022. Uh a center around the the attachment with the two meetings on the two complaints on there. Um have you all been able to review it. Okay. Um so looking at the first one, let

me put that one up. So the November 17th hearing, Um regarding the complaints. Um says the committee held a meeting using the Zoom platform but the chairman did not name the members who are participating remotely as required by the Open Meeting Law requirements for remote participation. Um and then he included the link to the meeting which is through it's on the it's on YouTube on the government television's page.

Um And then the See, the action that he had suggested that the public body taken response to the complaint, All members must attend a formal open meeting law training webinar. The schedule is available and I, the link was in there and I did send the the link to you separately. Um there are two seminars coming up. One on January 10th. It's in the middle of the day and the other

one is January 20 at on the tip of my tongue but it's in the January 20 something. It's in the evening hours. Um but if you go onto that website to register at least then we can we can have that taken care of and I don't think they're terribly long. Um but we do need to take these seminars in order to have public the open meetings Um so, with that said,

on, let me go back. on the complaint form, There is instructions for the public body that receives the complaint. Um the chair must disseminate the complaint to the members of the public body.

The public body must meet to review the complaint within 14 business days. Usually 20 to 22 calendar days. After a review, but within 14 business days, the public body must respond to the complaint in writing and must send the complaint complainants a response and a description of any action the public body has taken to address the allegations and complaint. At the same time, the body must send the attorney

general a copy of the complaint and a copy of the response. The public body may delegate this responsibility to an individual member of the public body, its council, or staff member, but only after the public body has met to review the complaint. If a public body requires more time to review the complaint and respond, it may request an extension of time for good cause by contacting the division of open government.

and see and that seems to be it for us. Let's see. Okay, yes.

That's it. So, regarding this first meeting, the complaint was, as I mentioned before, that we did, we had the meeting using Zoom, but we, the chairman, myself, did not name the members who were participating remotely as required by the open meeting law requirements. Um, so, and that was, an accident on my behalf, I do apologize. Um, and, and past meetings, have gone through and have asked the

people to address who they are and their address, any information that would be deemed beneficial to the the the topic that they're going to be covering whether they're there for citizen input, whether they're there to present for an agenda item. Um so, this was in error on my half on my behalf.

So, I can fill out the, if you would like, I can send out the the response, and the steps. I think we are in agreement that we are going to all take that seminar, I would imagine there will be some more coming up in February, if you, if we can't do the tenth or the one later in the month, so there will, I believe they do have them on a regular basis. Um, So what

for our response since it's directed at me. I can I can indicate that I will be attending the seminar as well as making sure that I am addressing the participants, and naming the participants who are attending, whether it's by Zoom, or how long that continues, or in person? Okay?

Sounds good? Alright. So, any other input on that that we should include.

Okay. To the next one, I think.

The next one is regarding last month, actually, this month's meeting on December 15th, the complaint was also by Patrick Higgins regarding the virtual hearing on December 15th. And on that form, the alleged violation. Um the Fall River Historical Commission Chair did not announce at the meeting that the meeting was being recorded as required by section 20 F of the Open Meeting Law. Uh the

board did not review or respond to the open meeting law complaint served on them to them for their November 17th, 2022 meeting within 14 business days as required by the open meeting law. The chair did not conduct roll-call votes on all votes taken in remote session as required by the open meeting law. Uh and chair did not announce the names of the members of the public body who were participating remotely. Um

and his suggestion for us all members of the Historical Commission must be required to attend an open meeting while webinar as soon as possible. Um and he included that link once again to the mass dot gov's training seminar.

So, with that said, my my comments on this, at least, on my end, the meeting I I, I know I, I, I always read the, the open meeting law, or, yeah, the open meeting law notice, I read that at the beginning of every meeting, so I'm not sure if that's what he was indicating, that was not mentioned, or when I introduced everyone in the beginning of the hearing that I did not mention that it was

being recorded, via Zoom, so, I'm not 100% sure, which part he's, asking but In any case, I will make it a point of announcing that we are meeting remotely and it's being recorded.

and item number two, that we did not review or respond to the open meeting law, I did not receive that. I received these two notices at the same time.

Prior to that, I did not receive any open meeting law, notice, or any complaint form.

I did not receive by email, by mail, nothing from Carrie at the, at licensing, or anyone from the city clerk's office.

So, I, I don't know where that mishap came through. Um, the F RHC at Fall River Mass. gov.

Email address is forwarded to my Gmail account. Um so unless it was sent to unless it was sent to a different email address. I think the FRHDC at Fall River Mass. gov. Email address is not working. I think that one was disconnected since we've merged the two boards. So I don't know. Um but I don't know what where the disconnect is. I'm not sure exactly how to respond to that. Other than

that I never received the the notice from November 17th. Um and the same thing, the chair did not conduct roll-call votes, which I have clarified to at tonight's meeting that we do need to do a roll call vote, instead of, announcing law in favor, and taking the vote that way with a hand. Um, and then, and the same thing from the last from the previous complaints that I did not name the members of the public body.

Um so these are simple errors but I'm sure once we take the training that we will be better equipped for next month. Is there any comment on as to how anything that we should include in the response That we will be attending the the training.

We'll be all set once we take this training. Yep. Okay. Thank you, Rick. Okay. So, I will compile that and draft out the response since and send that to mister Higgins and hold the directions that's on the open meeting wall complaint. Um So, I think any other comments on the two complaints of all And all who have none. Okay.

Alright. Um so I will take care of that and Send that over to Mister Higgins and Attorney General and so forth. Um alright. So, moving on. Um Item six, open discussion. Um do we have any thing, any, anything that I should add that you want added to next month's agenda, while we're here?

Okay. I don't. Yeah. No, I have none. Okay. Not at this time.

Okay. Um we will likely be seeing or hearing from the owner at 528 High Street. Um there has been some development with with on that property in the last twenty-fourish hours or so. Um so, work has already preceded on the removal of the roof. Um but it will be before they start rebuilding the roof.

They will be meeting with us.

Um because it's a full reconstruction. Um but at least that's the property is now weathertight for the most part.

Uh so rainwater will not get into the structure anymore. Um so that's encouraging. Um but aside from that I don't know. I don't have anything other than that but I'm sure something will come up soon. So Is there anything else regarding Tonight's meeting or to add for next ones. No. No? Alright Okay. May I get a motion to adjourn the meeting? Uh six thirty-four PM. I make a motion to adjourn. I'll second that

motion. Here I have a motion and a second. Uh may I have a roll call vote to adjourn tonight's virtual hearing?

Connie Sol, yes. Rick Mancini, yes. Yes. Jason Burchard Naraki, yes. Okay, thank you very much. We will be meeting Tuesday, January 17th, 2023 at 6 PM. Um so, enjoy your evening and happy New Year. See you next week. Thank you. Thank you. Thank you guys. You all have a happy New Year and I'm so sorry. I couldn't get on here via Zoom. I'm still trying. It's just not working for me tonight. Thanks