North Adams City Councilor Found in Violation of Open Meeting Law

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NORTH ADAMS, Mass. — The City Council was found to be in violation of Open Meeting Law regarding an email sent by  Councilor Keith Bona last fall. 
 
Councilor Marie T. Harpin filed the complaint after Bona relayed a message from David Carver, a real estate developer, about the tax shift the council was debating to all its members and to the media.
 
Bona is chair of the Finance Committee and said he thought it important that his fellow councilors receive the email and a summary of the phone conversation he had with Carver before the council meeting of Nov. 22
 
The tax shift had been discussed at a previous City Council meeting and then at a Finance Committee meeting.
 
Harpin, in her complaint, called the communication a deliberation of a City Council issue and an "intentional violation" because she felt Bona was expressing an opinion.
 
The Attorney General's Office agreed, stating that Bona's argument that he was passing on "facts" and the developer's opinion were "unavailing."
 
Assistant Attorney General Mary L. Nguyen noted that there are several exemptions to the definition of deliberations, including distributing schedules, agendas and reports and documents "provided that no opinion of a member is expressed." 
 
"We find that Councilor Bona's email, and specifically his statements to all the members of the Council when he forwarded the developer's email, did not fit within any of the exemptions to the definition of deliberation," she wrote. 
 
Bona had provided commentary with Carver's message, including that he brought up "a good example" of how higher taxes might lead nonprofits to buy rather than rent space, affecting the tax base. 
 
Any communications between a quorum outside a narrow exception constitutes a deliberation, Nguyen wrote, "even if no other members respond."
 
"To the extent that the Councilor argues that his remarks were merely 'facts,' the Law's definition of 'deliberation' is not limited to opinion or decision-making communications and includes updates on matters to be discussed by the public body or matters that had previously been discussed by the public body and are still pending before it."
 
Nguyen ordered the City Council to comply with the Open Meeting Law in the future but noted that the full council had read the email into the record at Nov. 22 meeting "to remedy the violation." 
 
No further relief was ordered. 
 
Harpin read the findings at Tuesday night's City Council meeting, pointing to the need for transparency after residents had raised concerns for more than an hour about being kept in the dark about plans for locating homeless families at Massachusetts College of Liberal Arts. 
 
"I think that it's something that we can look at as a committee, at the community level, and as the City Council and as administration to better serve the public," she said. "We are elected officials. We are here and actually required to be an open government and our decisions and our deliberations need to be done in public meetings. That's the requirement of the law. 
 
"So, hopefully, this was a learning experience in this City Council can go forward."
 

Determination - 4-25-2023 - Oml 2023-65 - North Adams City Council by iBerkshires.com on Scribd


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Amphibious Toads Procreate in Perplexing Amplexus

By Tor HanseniBerkshires columnist
 

Toads lay their eggs in the spring along the edges of waterways. Photos by Tor Hansen.
My first impressions of toads came about when my father Len Hansen rented a seaside house high on a sand dune in North Truro, Cape Cod back in 1954. 
 
With Cape Cod Bay stretching out to the west, and Twinefield so abundant in wildflowers to the east, North Truro became a naturalist's dream, where I could search for sea shells at the seashore, or chase beetles and butterflies with my trusty green butterfly net. 
 
Twinefield was a treasure trove for wildlife — a vast glacial rolling sandplain shaped by successive glaciers, its sandy soil rich in silicon, thus able to stimulate growth for a diverse biota. A place where in successive years I would expand my insect collection to fill cigar boxes with every order of insects abounding in beach plum, ox-eye daisy and milkweed. During our brief summer vacation there, we boys would exclaim in our excitement, "Oh here is another hoppy toad," one of many Fowler's toads (Bufo woodhousei fowleri ) that inhabited the moist surroundings, at home in the Ammophyla beach grass, thickets of beach plum, bayberry, and black cherry bushes. 
 
They sparkled in rich colors of green amber on beige and reddish tinted warts. Most anurans have those glistening eyes, gold on black irises so beguiling around the dark pupils. Today I reflect on a favorite analogy, the riveting eye suggests a solar eclipse in pictorial aura.
 
In the distinct toad majority in the Outer Cape, Fowler's toads turned up in the most unusual of places. When we Hansens first moved in to rent Riding Lights, we would wash the sand and salt from our feet in the outdoor shower where toads would be drinking and basking in the moisture near my feet. As dusk fades into darkness, the happy surprise would gather under the night lights where moths were fluttering about the front door and the toads would snatch bugs with outstretched tongue.
 
In later years, mother Eleanor added much needed color and variety to Grace's original garden. Our smallest and perhaps most acrobatic butterflies are the skippers, flitting and somersaulting to alight and drink heartily the nectar abounding at yellow sickle-leaved coreopsis and succulent pink live forever sedums of autumn. These hearty late bloomers signaled oases for many fall migrants including painted ladies, red admirals and of course monarchs on there odyssey to over-winter in Mexico. 
 
Our newly found next-door neighbors, the Bergmarks, added a lot to share our zeal for this undiscovered country, and while still in our teens, Billy Atwood, who today is a nuclear physicist in California, suggested we should include the Baltimore checkerspot in our survey, as he too had a keen interest in insects. Still unfamiliar to me then, in later years I would come across a thriving colony in Twinefield, that yielded a rare phenotype checkerspot (Euphydryas phaeton p. superba) that I wrote about featured in The Cape Naturalist ( Museum of Natural History, Brewster Cape Cod 1991). 
 
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