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City Council

Regular Meeting

Taunton, MA · July 12, 2022

AgendaMinutes

Minutes

Ci'ty ojrtaunton :M.unicipa{Council:M.eeting :M.inutes City 1fa{{, 15 Summer Street, rtaunton, ~ :M.inutes, Ju{y 12, 2022 at 8.·02 O'cfoc~/P.:M.. ~gufar :Meeting :Mayor Sfiaunna £. 0 'Conne{(presiding CJlrayer was offerer£ 6y the :Mayor CJlresent at ro{( ca{(were: Councifor CDooner, CDuarte, (]Jorges, :M.cCau~ Cl'ottier, Coute, Santfers, QJtinta{ant! Cl'oste{( Record of preceding meeting was read by title and approved. So voted. Opportunity for input by the general public. There was nobody present to speak at public input. Hearings: NONE Communications from the Mavor: Mayor O'Connell said there are sixty-five (65) active reported Covid cases here in the City of Taunton. The Regional Vaccine Clinic at Northwoods is still open through August. This weekend there is an Oldies Night & Car Show on the Taunton Green. The Reminisants will be there. It's a free concert for everyone. This will be this Friday, July 15th from 7:00p.m. to 9:00p.m. There is a lot of information on the City of Taunton's website on Summer Events & Happenings. Visit frequently for updates and also our Facebook page. Appointments: Reappointment of Robert Casey, 88 Duffy Drive, Taunton to serve on the Parks, Cemeteries, and Public Grounds Commission for a term of four (4) years expiring July 2026. Motion was made to approve. So voted. Reappointment of Dyann Nunes, 45 Theresa Street, Taunton to serve on the Parks, Cemeteries, and Public Grounds Commission for a term of five (5) years expiring July 2027. Motion was made to approve. So voted. Reappointment of Brendan Mullen, 293 Crane Avenue South, Taunton to serve on the License Commission for a term of six (6) years expiring July 2028. Motion was made to approve. So voted. Reappointment of Raymond Pelote, 7 Macomber St., East Taunton to serve on the Municipal Affordable Housing Trust Fund Board of Trustees for a term of one (1) year which will expire in July 2023. Motion was made to approve. So voted. 2 Reappointment of Daniel Lebrun, 681 Norton Ave., Taunton to serve on the Municipal Affordable Housing Trust Fund Board of Trustees for a term of one (1) year expiring July 2023. Motion was made to approve. So voted. Communications from City Officers: Com. from the City Clerk's Office submitting a payout breakdown for the retirement of the City Clerk, Rose Marie Blackwell who retired on June 30, 2022 in the amount of fifty-seven thousand, four-hundred and sixty-seven dollars and thirty-six cents ($57,467.36). Motion was made to approve. So voted. Com. from the First Assistant City Solicitor requesting to meet in Executive Session with the Municipal Council for a brief update regarding the Greater Goods, LLC pending litigation. It is in his opinion that an open meeting on this topic may have a detrimental effect on the City's litigation position. Motion was made to refer to the Committee of the Council as a Whole for scheduling in two-weeks. So voted. Com. from the Executive Director, Office of Economic and Community Development submitting a request from FedEx Ground Package Systems, Inc. for a Tax Increment Financing agreement from the City of Taunton through the Massachusetts Economic Development Incentive Program. Motion was made to refer to the Committee of the Council as a Whole. So voted. Com. from the City Solicitor submitting Xfinity correspondence stating as part of their ongoing commitment to keep customers informed about changes to X:finity TV services, they maintain an update on the website (https://www.xfinity.com/ptogrammingchanges). On June 9, 2022 they added ShopHQ to that website. Unfortunately, due to contract violations, the programming might cease on July 12, 2022. Motion was made to receive and place on file. So voted. Communications from Citizens: Com. from Attorney William Rounds, 115 Broadway, Taunton requesting approval of renewal or to be extended for an additional year, of the Host Community Agreement for his client LMCC,LLC for the Marijuana Retailer Establishment on 83 County Street. Motion was made to refer to the Committee of the Council as a Whole next week. So voted. Petitions: Miscellaneous Petition submitted by Robert Bastis, 2440 Maple Swamp Road, North Dighton, MA 02764 for a Special Permit to allow an 11-unit group home with incidental 150 sq. ft. office to be located at 38 Winthrop Street located in the Central Business District. Motion was made to refer to the City Clerk's Office to schedule the public hearing. So voted. Host Community Agreement - NEW Application submitted by Ian Woods, Terrasol To Go, LLC, 87 East Ashland Street, Brockton, MA for a NEW Host Community Agreement for a Marijuana Delivery Operator to be located at 41 Taunton Green, Taunton. Councilor Coute asked Councilor Duarte if he knew if this area is zoned for this type of activity. Councilor Duarte stated 3 this is not zoned in the central business district. Motion was made to refer to the Law Office for an opinion. So voted. Committee Reports: Motion was made for Committee reports to be read by title and approved. So Voted. Recommendations adopted by the Committees this evening. So voted. The Committee on Fires and Wires met last week to conduct interviews. The three members of the Committee were present consisting of Councilors Pottier, Coute and Postell. In addition, Councilors Borges and McCaul were also present. The Committee voted unanimously to offer conditional hires to the following individuals: Matthew P. Daly, Jonathan Dumont, Gage Hull, William H. Walsh and Brandon M. Hull. Motion was made to move the list as read to adopt on a roll call vote. On a roll call vote, nine (9) Councilors were present, nine (9) Councilors voted in favor. So voted. Councilor Pottier thanked the Administration for financing these back bills. Councilor Coute said most especially the fifth position that is filling in for the gentleman who is on military leave. Unfinished Business: NONE Orders, Ordinances and Resolutions: NONE New Business: Information only, Councilor Pottier said he had a lot of complaints this evening about the table mies. The guys in the back have done a nice job trying to get these back and up and running. He does appreciate the work that they are doing and hopefully they can keep them up and running for the public. Councilor Pottier made a motion that the DPW take a look at Lothrop Street. He believes the trash pickup was due today and it wasn't picked up. He would like to see if our vendor can do an extra pass Wednesday to see if they can pick up anything that was left. So voted. Information only, Councilor Pottier made a request, he has had some questions regarding the High School's football field being re-done, and he would like to get an update. Councilor Quintal said he received an email from a resident of East Taunton, Lucy Braga, requesting a stop sign be put between Sherbome Street and Fairbanks Avenue in East Taunton. It appears there is a stop sign on Center Street at every other intersection. He did visit this site and spoke with some of the residents. Motion was made to refer this request to the Safety Officer. So voted. Meeting adjourned at 8: 11 P.M. 4 A true copy: Attest: JLL/KLD 5 ~~N~~;:~~~~~CIL JULY 7, 2022 \ '" ~ :z·g' \ _.,,, ·~ :;:: ,; ' f"\'\ ~~ ()"\ '.}< THE COMMITTEE ON THE FIRE DEPARTMENT ~ 3, )> ~g r:- )'.> ...0 ::i PRESENT WERE: COUNCILOR DAVID POTIIER, CHAIRMAN AND COUNC~RS POSWLAI@ COUTE. ALSO PRESENT WERE COUNCIORS BORGES, MCCAUL, Fhtt CHIEF TIMOTHY BRADSHAW, LIEUTENANT BRIAN SILVEIRA AND FIREFIGHTER CANDIDATES MATIHEW DALY, JONATHAN DUMONT, GAGE HULL, WILLIAM WALSH, Ill AND BRANDON HULL MEETING CALLED TO ORDER AT 6:34 P.M. 1. MEET TO INTERVIEW FIREFIGHTER CANDIDATES The first interview was with Matthew Daly. Mr. Daly graduated from Taunton High School in 2008. In December of 2008 he was Active Duty United States Air Force and is currently with the Massachusetts Air National Guard in Westfield, Massachusetts. He is a single dad of one son. He has his EMT certification but would like to go to Paramedic School and eventually move up in the Department if he is hired. He is currently working towards his Bachelor's degree in Fire Science. The next interview was with Jonathan Dumont. Mr. Dumont graduated from Upper Cape Cod Technical School in 2014. He was in the Air Force from 2017 to 2021 an currently works construction as a supervisor with Pagcon of Sagamore Beach, Ma. He said he is eager to learn, hardworking and takes orders well. He did not have any medical experience while in the military. If he is hired, he would like to advance in the Department. The next interview was with Gage Everett Hull. He graduated from Bristol Plymouth Regional Technical High School in June of 2014 and is currently taking classes through Southern Utah University pursuing a degree in psychology. He would like to start his own practice using adventure therapy. He served in the Army ad was honorably discharged in December of 2020. He has his EMT license. He said he is always doing something to better himself. The next interview was with William Walsh, Ill. Mr. Walsh graduated from Taunton High School in 2018 and joined the military at 17 years old. While in the military he was selected for the Presidential Guard. He is currently employed at Indus in Braintree as a laborer. He would like to use the GI Bill to get his EMT Certification. The last interview was with Brandon Hull. He graduated from Bridgewater Raynham High School in 2011 and attended Southern Columbia until March of 2022 when his son was born. He is planning on continuing his education. In the military he received. several certifications and was a Marine Firefighter. He is currently a supervisor with CGL Electronic Security, has his electrical license and is the project manager and the lead on 40 or so jobs. After discussion, the following motion was made: 6 PAGE TWO JULY 7, 2022 THE COMMITTEE ON THE FIRE DEPARTMENT- CONTINUED MOTION: TO GIVE DEFINITE OFFERS TO THE FIRST FOUR CANDIDATES- MATTHEW P.DALY, JONATHAN DUMONT, GAGE EVERETT HULL AND WILLIAM H. WALSH, Ill -AND A CONDITIONAL OFFER FOR THE FIFTH CANDIDATE - BRANDON M. HULL. SO VOTED. MEETING ADJOURNED AT 9:00 P.M. Respectfully submitted, CIT{ OF TAUNTON 1!!1!£ML~! Colleen M. Ellis JUL 12 2022 Clerk of Council Committees IN MUNICIPAL COUNCIL REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. MOTION WAS MADE TO MOVE THE LIST AS READ TO ADOPT ON A ROLL CALL VOTE. ON A ROLL CALL VOTE, NINE (9) COUNCILORS WERE PRESENT, NINE (9) COUNCILORS V~Vr·~J,,~TED. 1/'ISTA&JT CITY~~ 7 CITY OF TAUNTON MUNICIPAL COUNCIL JULY 12, 2022 I \ -{ )ii~ (_ '.Ji THE COMMITTEE ON FINANCE AND SALARIES I :E (T"'I c· --ri, c:: .~ N N f'1 :-;r;i rTJ --" -;)< PRESENT WERE: COUNCILOR PHILLIP DUARTE, CHAIRMAN AND COUN~OR~OTJ!ER ,~~ AND MCCAUL. ALSO PRESENT WERE CHIEF FINANCIAL\OFF!eER r,.., PiWRIC~ .. -- DEL LO RUSSO AND CITY AUDITOR IAN FORTES ~ .r= E?, .r: MEETING CALLED TO ORDER AT 5:38 P.M. 1. MEET TO REVIEW THE WEEKLY VOUCHERS & PAYROLLS FOR CITY DEPARTMENTS MOTION: MOVE APPROVAL OF THE FISCAL YEAR 2022 INVOICE WARRANT IN THE AMOUNT OF $2,635,445.93. SO VOTED. MOTION: MOVE APPROVAL OF THE PAYROLL WARRANT IN THE AMOUNT OF $1,481,382.31. SO VOTED. MOTION: MOVE APPROVAL OF THE INVOICE WARRANT IN THE AMOUNT OF $5,750,999.35. SO VOTED. 2. MEET TO REVIEW REQUESTS FOR FUNDING/TRANSFERS A. HUMAN SERVICES DEPARTMENT-TRANSFER FY 22 REVOLVING ACCOUNT BALANCE OF $172.37 TO FY23 REVOLVING ACCOUNT MOTION: MOVE APPROVAL. SO VOTED. 3. MEET WITH THE CITY AUDITOR TO DISCUSS YEAR END TRANSFERS The City Auditor said per Mass. General Law transfers between and appropriations between departments need to be done by the 15th of the succeeding year. He submitted a list of budgetary transfers and fund transfers. The City Auditor said the Municipal Council budget was in deficit in salaries so he needed to transfer $36,074.42 in order to cover the Clerk of Committees retirement buyout. The same with the City Clerk's salaries with a transfer of $57,647.36 in order to cover the City Clerk's buyout. OECD salaries were understated because when the Fiscal Agent retired her buyout was under budgeted so that was a transfer of $1,332.50. Animal Control has a transfer of $15,116.53 as it also appears that their budget was not sufficiently increased to cover the hiring of a full time clerk and the COTMA increase. DPW also had a salary deficit of $8,905.17 and that appears to be for the Assistant Commissioner's buyback and the COTMA increases were not budgeted sufficiently. Snow and Ice salaries had a deficit of $75,026.65 as did snow and ice expenses which had a deficit of $1,781,616.46 but the Auditor only needs to transfer $1,521,616.46 due to the $200,000 that was available in Capital Snow and Ice. With VMD expenses, they are in deficit so they need a transfer of $107,341.04 to cover the deficit as well as $25,000 in other costs for fuel. Interest Long Term Debt was short $43,248.92 which appears to be due to new debt issuances which he believes were not caught when they 8 PAGE TWO JULY 12, 2022 THE COMMITIEE ON FINANCE AND SALARIES- CONTINUED did the supplemental and the change in Treasurer/Collector. Risk Management salaries was in deficit $166.37 which appears to be because they did not budget for the 4 days which ended FY22 as it was 52.8 weeks versus 52 weeks. As part of the fund balance transfers he needs to appropriate $.58 to cover the transfer so this will be transferred into the Transfer to Special Revenue Account. There is one deficit in Water Enterprise which is a transfer. There was a project back in 2020 where the expenses was miscoded. It was not a Capital expense, it was a Water Enterprise expense so they need to do a transfer to recoup the Capital Project Fund which is $4,700.70. And in sewer it was new debt that was issued and was not caught which is $171,277.64. These are the budgetary transfers. The second document he provided is the Fund Transfers of which there are just a few. Every year as part of the budget process, they transfer in money from the airport to cover their general expenses, their general payroll. At the end of the year any surplus gets returned back to the Revolving Fund. This year it is $269.50 that needs to be returned to the airport's revolving fund. The same thing is done with the Parking Commission. They would transfer in about $350,000 for the Parking Commission Receipts Reserved for Appropriation and whatever is not expended gets returned back. This year it is $190,118.38. The two small transfers that make up the $.58 were two grants, Early Childhood Grant and Municipal ADA Grant. This is part of the process they continued when they did the transfers for Free Cash as they are trying to clean up all the permanent deficits that are not going to get cleaned up and will just keep digging Free Cash. This will make it a cleaner financial report for the end of the year. Councilor Pottier asked, for the Parking Commission, if they knew what other expenses they were intending on doing that they did not do totaling around $68,000.00. The Auditor said he wants to say that there is a project going on with parking meters. Councilor Pottier asked Mr. Fortes to confirm that and let the Clerk of Committees know. MOTION: MOVE APPROVAL OF THE TRANSFERS AS PRESENTED. SO VOTED. MEETING ADJOURNED AT 5:50 P.M. Respectfully submitted, , CITY OF TAUNTON JUL 1 2 2022 ~!!&~ ________________. IN MUNICIPAL COUNCIL Colleen M. Ellis Clerk of Council Committees 9 CITY OF TAUNTON MUNICIPAL COUNCIL JULY 12, 2022 I ~ . .; THE COMMITTEE ON POLICE AND LICENSE \ ::- 1 :. ~~~::r9 ~·" c:: ,-- l'1 \ ~:: r'"* :·., :;"") PRESENT WERE: COUNCILOR JEFF POSTELL, CHAIRMAN AND COUNCIL~S S~~DE~ AND!~~ BORGES. ALSO PRESENT WERE POLICE CHIEF EDWARD11fAl;SH, ~·;:;; DETECTIVE WILLIAM RUTHERFORD, BUILDING COMMl£510tlfR R~ERT ~~ PIROZZI, PETER DONG, VANNA WHITE AND KARA SAVA~ AND APITTl ~ CABRERA FUNCHES OF THE TAUNTON DIVERSITY NET~RK ~., E MEETING CALLED TO ORDER AT 5:58 P.M. 1. MEET WITH THE POLICE CHIEF, LIEUTENANT NICHOLS AND PETER DONG FOR FURTHER DISCUSSION ON REQUEST FOR PERMISSION TO HOLD A CONCERT AT 1 PORTER STREET This event is scheduled for July 23rd. Some concerns of the Council were pertaining to adequate parking so Mr. Dong has reduced the ticket sale volume from 600 to 300 which that reduces the parking issue and in fact part of the property at 1 Porter Street can now be used for parking. The Police Chief said he has some concerns however, this is no different than a fiesta. He did discuss with Mr. Dong security and how to handle overflow people. Mr. Pirozzi said they have to get a Building Permit for the stage. Mr. Dong said it is a 16 x 10 foot stage that is only 16 inches high. The staging company has told him that it does not require handicapped access. Mr. Pirozzi said this may be exempt but does feel it would require handicapped accessibility so he will work with Mr. Dong on that issue. Detective Rutherford also noted it is possible they may not be able to have alcohol at the event and Mr. Dong said he is not sure getting the permit is feasible due to time issues, so if it is a hindrance he would not pursue that license. Councilor Sanders again said that he feels they should make every effort to address the parking. Councilor Coute said he is in favor of this and asked if the Police Department would be issuing certain conditions. It was noted that the liquor license will trigger the number of details required. The Police Department does need their operational plan, information on their emergency response, timelines, point of contact, contingency plans. MOTION: TO GRANT PERMISSION FOR THE EVENT AT 1 PORTER STREET ON JULY 23, 2022 PENDING THE CONDITIONS FROM THE TAUNON POLICE DEPARTMENT AND THE LIQUOR BOARD, ALONG WITH MR. PIROZZl'S REVIEW OF THE ARCHITECTUAL ACCESS BOARD REGULATIONS. SO VOTED. 2. MEET WITH THE POLICE CHIEF AND DETECTIVE RUTHERFORD ON THE FOLLOWING MARIJUANA APPLICATIONS: A. LMCC, LLC FOR RENEWAL OF MARIJUANA RETAILER LICENSE, 83 COUNTY STREET 10 PAGE TWO JULY 12, 2022 THE COMMITTEE ON POLICE AND LICENSE- CONTINUED Detective Rutherford said this is a renewal and they meet all the criteria. They do have a provisional license. However part of the Second Amendment to the Host Community Agreement says in the event the company has not commenced operations on or before July 10, 2022 this HCA shall become null and void, so he cannot give a positive recommendation for renewal right now. Attorney Rounds said the practice has been that if the request for renewal was in before the expiration date the Council, if they choose to renew the HCA, is retroactive to the expiration date and cures any lapse. Their paperwork was submitted prior to July 10th. Ms. Hungaro said they have pulled the permits and are obtaining quotes then they will schedule the construction. Mr. Pirozzi said the original permit for the shell only was issued back in July of 2020. In February of 2021 was the original permit for the build out, or the tenant fit up was issued, but that permit had expired. They just recently issued a second permit to continue on with that work. They are looking at about a 6 month construction process. Councilor Borges said the building has been up but everything else has been at a standstill so she feels they should grant a 6 month extension on this, have them come in and report on their progress then the Committee could extend it for another 6 months. Attorney Rounds said his concern is their financing and also the fact that they know the construction is going to take 6 months, then they have to have the CCC inspection. Attorney Rounds also said that they have been doing work at the site and it has been a precedent and practice that the HCA's have been approved retroactively. Councilor Borges said a reminder should be sent out to applicants to notify them of the expiration of the HCA or Application. Councilor Coute said he will support a 6 month extension to get a Certificate of Occupancy because the way the building is today is the way it was a year ago. Councilor Quintal and Mccaul said that they would support a 6 month extension as well. Councilor Dooner said she also agrees with a 6 month extension and assuming the construction is done she would be in favor of granting an additional 6 months. MOTION: TO GRANT A 6 MONTH RENEWAL ON THE MARIJUANA RETAIL LICENSE AT 83 COUNTY STREET WITH THE CONDITION OF THE HOST COMMUNITY AGREEMENT APPROVAL THAT IS GOING TO BE BEFORE THIS COUNCIL, AND THAT THE CITY CLERK NOTIFY ALL APPLICANTS 30 DAYS PRIOR TO THEIR APPEARING BACK BEFORE THIS COMMITTEE. SO VOTED. 11 PAGE THREE JULY 12, 2022 THE COMMITTEE ON POLICE AND LICENSE - CONTINUED B. MASSMEDICUM CORP D/B/A GRAND CRU CANNABIS CO. FOR RENEWAL OF MARIJUANA RETAILER LICENSE, 300 REVOLUTIONARY DRIVE An e-mail was received from Dr. James Kurnick, President of MassMedicum Corp. notifying the Council that they are unable to assemble the appropriate team members to attend and is requesting that the Council reschedule this for a future meeting. Detective Rutherford said they will have the same issue with MassMedicum that they just had with LMCC, the only difference being is that their HCA expired on May 1, 2022 for failure to commence operations. They have not reapplied. They reapplied for a renewal but they have not reapplied to get their HCA up to snuff. Councilor Borges said that nothing has been done at the site at all. Even the electrical box has been removed. She wants them here for next week's meeting, but again, this is one company that has done absolutely nothing. The Police Chief said that the City has a limited number of licenses available and they have been having this discussion for years and the Council keeps on renewing HCA'S. He is not a builder but it does not take three years to build a facility. They just keep holding these things, but this is a locked market, there are a lot of people who want to come in, have money and want to do business, but they keep on renewing nonperforming HCA's. The Council has to make a decision at some point and say that they have had their opportunity, nothing has been accomplished within this period of time so it is time to move on. Councilor Postell said he would at least like the applicants to come in andanswer questions. MOTION: TO TABLE THIS FOR ONE WEEK. Councilor Pottier said the HCA expired in May of 2022. They have not applied for an extension. He continued stating that while the Council has never voted to deny an HCA that has expired and only applied for after the fact, this applicant applied for medicinal marijuana in 2012 first and never started operations for that. It seems like they are not doing anything on the recreational either. Councilor Coute said this company sat on a medicinal license for 7 years and did not open and now they have been sitting on a recreation license for 3 years. The Council just keeps extending them forever. He would support the motion to have this discussed next week whether they are here or not. THE MOTION WAS VOTED ON AND SO VOTED. Detective Rutherford said since it was talked about tonight, he does not know if the Council wants to refer it to Ordinance Committee but the way they do alcohol licenses is that all applications have to be submitted to the License Commission, in this case it would be the City Clerk, 30 days prior to the expiration. That way everything will be done, there will be no lapses in coverage. All licenses expire July 1st, they should all be 12 PAGE FOUR JULY 12, 2022 THE COMMITTEE ON POLICE AND LICENSE - CONTINUED approved by the Council before that. That way they will not have any issues going forward. Councilor Sanders said he feels this should be written into the HCA. MOTION: TO REFER THIS MATTER TO THE LAW DEPARTMENT AND ORDINANCE COMMITTEE, TO DETERMINE IF IT CAN BE WRITTEN INTO THE HCA OR SHOULD IT BE BY ORDINANCE. SO VOTED. MEETING ADJOURNED AT 7:18 P.M. Respectfully submitted, CITY OF TAUNTON JUL 12 2022 ~~Colleen M. Ellis IN MUNICIPAL COUNCIL Clerk of Council Committees REPORTSACCEPTED. RECOMMENDATIONSADOPTED. 'If i11#/L,, CITY~L~- 13 CITY OF TAUNTON MUNICIPAL COUNCIL JULY 12, 2022 1· ~ THE COMMITTEE OF THE COUNCIL AS A WHOLE . ::::::; J );.' c__ I .. 1 .:T;J PRESENT WERE: COUNCIL PRESIDENT PHILLIP DUARTE AND COUNCILOl&S DJbNEC ~~::::; BORGES, MCCAUL, POITIER, COUTE, SANDERS, QUINT~ A~ Pc:MELL.~~ ALSO APRESENT WERE STEVEN BRABANT, JEREMY PAffilA,:B:RIAf\l> GJJP1 GIACOBBI AND ADAM BRAILLARD OF LUNAR XTRACTsic i'ND 1-Qlf)KELfi:im KENNEDY AND ATIORNEY DANIEL DE ABREU FOR ME~INE M~ ~ SOLUTIONS MEETING CALLED TO ORDER AT 7:25 P.M. 1. MEET TO DISCUSS APPLICATION OF LUNAR XTRACTS, LLC FOR A NEW HOST COMMUNITY AGREEMENT FOR MARIJUANA PRODUCT MANUFACTURER TO BE LOCATED AT 144 WEST BRITANNIA STREET This is a proposal for a marijuana product manufacturing company only, not retail, not cultivation. They are the middle man where cultivation comes to them and they produce and manufacture the product and then they sell it to the retail establishments. This business will prepare and package cannabis products, including edibles, topicals, tinctures, extracts, vape cartridges and pre rolls. From day one Lunar Xtracts manufacturing will be focused on cannabis extract product types. They are proposing to open their establishment at 144 West Britannia Street and they have signed a lease agreement to utilize 4,123 square feet of space in the basement of the building. The building is located within the Industrial Zoning District, it meets all buffer zone requirements and complies with the CCC regulations relating to regulating adult use marijuana establishments in Massachusetts. This is an employee only establishment therefore there will be very little traffic generated. There is able and dedicated parking on site. No odor is produced during product manufacturing processes and if necessary an odor mitigation plan can be executed. Lunar Xtracts manufacturing will be focused on cannabis extract product types and based on market trends they believe this sets them up for success in one year. Lunar Xtracts has an award winning and well known extraction specialist that will lead their extraction operations, Jeremy Patria. They have established relationships within the Massachusetts cannabis industry and these point of contact have the potential to result in immediate sales opportunity. They will produce a wide variety of extract products that will allow them to meet market trends and demands. They will create a workforce of motivated and enthusiastic employees that take pride in their work. They estimate it will cost $250,000 to start up and begin operations. That number includes facility renovations, licensing, legal fees, biomass, packaging, security and insurance. It does not include salaries. Lunar Xtracts has an additional $250,000 to invest totaling $500,000 to start up and operate the business. If required, they have additional investors in the pipeline. 14 PAGE TWO JULY 12, 2022 THE COMMITTEE OF THE COUNCIL AS A WHOLE- CONTINUED They hope to enter into an HCA with the City in July or August, hold their Community Outreach Meeting during the same time and ultimately start operations by June or July of next year. They will be an active and contributing member of the Taunton business community contributing both financially and by service to the community. They will seek to employ a majority of its workforce from the local community and will encourage applications from and the recruitment of women, veterans and minority candidates. The Host Community Agreement with the City will provide for a 3% fee on gross revenues to be paid to the City. Councilor Borges asked if they were in communication with the 3 other businesses currently at this site. It was answered that they are not because they are not licensed yet so there has been no discussion with them as of yet. Councilor Pottier said they are looking for an HCA and asked if they already had an agreement with the Mayor's office, like a boilerplate agreement with the Mayor's office that has already been signed for the Council to consider or do they come to the Council first then go to the Mayor. It was said that going to the Mayor is the second step on this. Councilor Pottier then said that they are here for the Council to approve a preliminary, then if the Council gives the go ahead, they go to the Mayor for the HCA which is pretty much boilerplate, then that will come back to the Council for final approval. Councilor Duarte said that is correct. Councilor Pottier said it is short money to open the business and hopes they are right on that number. He then asked what their hours would be and it was said Monday through Friday, 8 a.m. to 5 p.m. Councilor Coute asked about the number of employees. It was said that initially there will be 2 full time employees but in their second year they hope to expand and anticipate hiring more employees. Their customers are retail stores and it was said that Tower Three is willing to contract with them. They do have to have their Community Outreach Meeting through. MOTION: THAT THE COUNCIL APPROVE THE PRELIMINARY PRESENTATION FOR AN HCA, TO BE NEGOTIATED WITH THE MAYOR'S OFFICE AND TO COME BACK TO THE COUNCIL FOR FINAL APPROVAL. SO VOTED. 2. MEET FOR A PRE-REVIEW ON THE ISSUANCE OF A SPECIAL PERMIT FOR MEDICINE MAN SOLUTIONS, LLC BY HASKELL KENNEDY 111, MANAGER, FOR A 1,491 SQUARE FOOT MARIJUANA MANUFACTURING AND DELIVERY USE WITH UP TO THREE DELIVERY VEHICLES TO BE LOCATED AT 144 WEST BRITANNIA STREET LOCATED IN THE INDUSTRIAL DISTRICT 15 PAGE THREE JULY 12, 2022 THE COMMITTEE OF THE COUNCIL AS A WHOLE- CONTINUED Attorney De Abreu said the Special Permit Application is for a delivery operator and product manufacturer establishment at 144 West Britannia Street with 1,491 square feet to be built out in unit 12. The LLC has HCA's that are in force and effect. There will be no customer traffic. Councilor Pottier said a presentation like what was just given would be helpful, the hours of operation as well. Councilor Coute would like their experience level in the industry, timeline, financial investment, number of employees, sales projections and exactly what this operation will entail and customers. Councilor Sanders said he would like information on any kind of odor mitigation they might have and also any feedback they have gotten from neighbors. Councilor Duarte said he is pretty sure Mr. Kennedy did a presentation when he came in for his HCA so some of that information will carry over from that. MEETING ADJOURNED AT 7:57 P.M. Respectfully submitted, CITY OF TAUNTON JUL 12 2022 .~4t~fui Colleen M. Ellis IN MUNICIPAL COUNCIL Clerk of Council Committees ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~~~lCltCL~ 16 CITY OF TAUNTON ORDER#27 y;z,, ~ dowzcd_···-················~~:.~~-2022. . . . . . . . . . . . . 20.............. &~:7w THE ATTACHED BUDGETARY TRANSFERS TOTALING TWO MILLION FORTY TWO THOUSAND FOUR HUNDRED FIFTY FOUR DOLLARS AND THIRTY FOUR CENTS ($2,042,454.34) ARE HEREBY APPROVED . ..........................................................:..... ~~ 17 CITY OF TAUNTON ORDER#28 ~ ~ Cowzct.t_. . . . . . . . . . . ~i:ii~.2022. . . . . . . . . . . . 20........,..... &~:7£d THE ATTACHED FUND TRANSFERS TOTALING ONE HUNDRED NINETY THOUSAND THREE HUNDRED EIGHTY EIGHT DOLLARS AND FORTY SIX CENTS ($190,388.46) ARE HEREBY APPROVED. ................................................................ ~k£. .

Agenda

MUNICIPAL COUNCIL AGENDA CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS 15 SUMMER STREET, TAUNTON, MA 02780 City Clerk's Office JULY 12, 2022 - 7 :00 PM Notice of Posting INVOCATION Time: /0: d3 lf/11 ROLL CALL Date: r/· t ·dl. RECORDS dL OPPORTUNITY FOR INPUT BY THE GENERAL PUBLIC • Comments will be received for the record • Please state your name and address • Please limit comments to 3 minutes or less • Supplemental written comments may also be provided • Comments should be respectful and courteous HEARING - NONE COMMUNICATIONS FROM THE MAYOR • Community Update • COVID-19 Update APPOINTMENTS • Reappointment of Robert Casey, 88 Duffy Drive, Taunton to serve on the Parks, Cemeteries, and Public Grounds Commission for a term of four (4) years expiring July 2026 • Reappointment of Dyann Nunes, 45 Theresa Street, Taunton to serve on the Parks, Cemeteries, and Public Grounds Commission for a term of five (5) years expiring July 2027 • Reappointment of Brendan Mullen, 293 Crane Avenue South, Taunton to serve on the License Commission for a term of six (6) years expiring July 2028 • Reappointment of Raymond Pelote, 7 Macomber St., East Taunton to serve on the Municipal Affordable Housing Trust Fund Board of Trustees for a term of one (1) year which will expire in July 2023 • Reappointment of Daniel Lebrun, 681 Norton Ave., Taunton to serve on the Municipal Affordable Housing Trust Fund Board of Trustees for a term of one (1) year expiring July 2023 COMMUNICATIONS FROM CITY OFFICERS Pg. 1 Com. from City Clerk's Office - Submitting a Buyout Pg.2 Com. from First Assistant City Solicitor - Requesting to Meet in Executive Session concerning Greater Goods, LLC Pg. 3-13 Com. from Executive Director, Office of Economic and Community Development - Request for Tax Increment Financing Agreement Pg. 14-15 Com. from City Solicitor - Submitting Xfinity Correspondence COMMUNICATIONS FROM CITIZENS Pg. 16 Com. from Attorney William Rounds, 115 Broadway, Taunton- Requesting Approval of Renewal of Host Community Agreement PETITIONS Miscellaneous Petition submitted by Robert Bastis, 2440 Maple Swamp Road, North Dighton, MA 02764 for a Special Permit to allow an 11-unit group home with incidental 150 sq. ft. office to be located at 3 8 Winthrop Street located in the Central Business District. (Public Hearing Required) Host Community Agreement - NEW Application submitted by Ian Woods, Terrasol To Go, LLC, 87 East Ashland Street, Brockton, MA for a NEW Host Community Agreement for a Marijuana Delivery Operator to be located at 41 Taunton Green, Taunton. COMMITTEE REPORTS UNFINISHED BUSINESS - NONE ORDERS, ORDINANCES AND RESOLUTIONS - NONE NEW BUSINESS - NONE Respectfully submitted, City of Taunton OFFICE OF THE MAYOR City Hall · 15 Summer Street · Taunton MA 02780 · (508) 821 -1000 MAYOR SHAUNNA O'CONNELL Ed Correira Patrick Dello Russo, Jr. CHIEF OF STAFF CHIEF FINANCIAL OFFICER Ligia Madeira Gill E. Enos DEPUTY CHIEF OF STAFF BUDGET DIRECTOR July 8, 2022 Council President Phillip Duarte Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Honorable Members of the Taunton Municipal Council, Please be advised that I am re-appointing Robert Casey of 88 Duffy Drive in Taunton to serve on the Parks, Cemeteries, and Public Grounds Commission for a term of four years which will expire in July 2026. Mr. Casey has been a valued member of the Parks, Cemeteries, and Public Grounds Commission. We look forward to Mr. Casey's continued commitment to the Commission. Thank you for your consideration. Respectfully, Mayor Shaunna 0 'Connell City of Taunton OFFICE OF THE MAYOR City Hall· 15 Summer Street· Taunton MA 02780 · (508) 821-1000 MAYOR SHAUNNA O'CONNELL Ed Correira Patrick Dello Russo, Jr. CHIEF OF STAFF CHIEF FINANCIAL OFFICER Ligia Madeira Gill E. Enos DEPUTY CHIEF OF STAFF BUDGET DIRECTOR July 8, 2022 Council President Phillip Duarte Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Honorable Members of the Taunton Municipal Council, Please be advised that I am re-appointing Dyann Nunes of 45 Theresa Street in Taunton to serve on the Parks, Cemeteries, and Public Grounds Commission for a term of five years which will expire in July 2027. Mrs. Nunes has been a dedicated member of the Parks, Cemeteries, and Public Grounds Commission and we look forward to her continued commitment to the Commission. Thank you for your consideration. Respectfully, Mayor Shaunna O'Connell City of Taunton OFFICE OF THE MAYOR City Hall · 15 Summer Street · Taunton MA 02780 · (508) 821-1000 MAYOR SHAUNNA O'CONNELL Ed Correira Patrick Dello Russo, Jr. CHIEF OF STAFF CHIEF FINANCIAL OFFICER Ligia Madeira Gill E. Enos DEPUTY CHIEF OF STAFF BUDGET DIRECTOR July 8, 2022 Council President Phillip Duarte Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Honorable Members of the Taunton Municipal Council, Please be advised that I am re-appointing Brendan Mullen of 293 Crane Avenue South in Taunton to serve on the License Commission for a term of six years which will expire in July 2028. Mr. Mullen has been a valued member of the License Commission. We look forward to his continued commitment to our City and to the Commission. Thank you for your consideration. Respectfully, Mayor Shaunna O'Connell City of Taunton OFFICE OF THE MAYOR City Hall · 15 Summer Street · Taunton MA 02780 · (508) 821-1000 MAYOR SHAUNNA O'CONNELL Ed Correira Patrick Dello Russo, Jr. CHIEF OF STAFF CHIEF FINANCIAL OFFICER Ligia Madeira Gill E. Enos DEPUTY CHIEF OF STAFF BUDGET DIRECTOR July 8, 2022 Council President Phillip Duarte Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Honorable Members of the Taunton Municipal Council, Please be advised that I am re-appointing Raymond Pelote of 7 Macomber Street in East Taunton to serve on the Municipal Affordable Housing Trust Fund Board of Trustees for a term of one year which will expire in July 2023. Mr. Pelote has been a valued member of the Board of Trustees. We look forward to his continued commitment to the Board. Thank you for your consideration. Respectfully, Mayor Shaunna O'Connell City of Taunton OFFICE OF THE MAYOR City Hall · 15 Summer Street · Taunton MA 02780 · (508) 821-1000 MAYOR SHAUNNA O'CONNELL Ed Correira Patrick Dello Russo, Jr. CHIEF OF STAFF CHIEF FINANCIAL OFFICER Ligia Madeira Gill E. Enos DEPUTY CHIEF OF STAFF BUDGET DIRECTOR July 8, 2022 Council President Phillip Duarte Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Honorable Members of the Taunton Municipal Council, Please be advised that I am re-appointing Daniel Lebrun of 681 Norton Avenue in Taunton to serve on the Municipal Affordable Housing Trust Fund Board of Trustees for a term of one year which will expire in July 2023. Mr. Lebrun has been a valued member of the Board of Trustees. We look forward to his continued commitment to the Board. Thank you for your consideration. Respec lly, Mayor Shaunna O'Connell CITY CLERK'S OFFICE CITY OF TAUNTON 15 SUMMER STREET TAUNTON, MASSACHUSETTS 02780 TELEPHONE 508-821-1024 • FAX 508-821-1098 E-MAIL: RBLACKWELL@TAUNTON-MA.GOV ROSE MARIE BLACKWELL JENNIFER L. LEGER CITY CLERK ASSISTANT CITY CLERK June 27, 2022 City of Taunton Human Resource Department 15 Summer Street Taunton, MA 02780 The following is the payout breakdown for the retirement of the City Clerk, Rose Marie Blackwell. Her retirement date is scheduled for June 30, 2022. I / / Vacation: $50.99 x 480 hrs. = $24,475.20 Sick: (Maximum Allowed) = $13,000.0d Furlough: $50.9~ x 97.efhrs.= $4,971.5t' / I I Safe Harbor: $50.99 x 294.58 hrs.= $15,020.63 Total Payout: $57,467.36j Kindly confirm the information provided is correct at your earliest convenience. Thank you. ,...... II ?·~ ,, II ·>~· ,X, II .;·.;-- + + ' ·~ G· Sincerely, . u . a--. :J\ (_) o-·. O') f•f\ u 0 0 !-(\ i'·(\ ~o £)~ O'• CJ !<\ 01 C) '.[\ .».() r('\ o-, 0 ~ °'. co . 0 C'\! 0 £'- ·s1 0 °' L(\ '° 0 ..::t 0 L'1 0 0 r- 0 0 u\ ...:t L(\ c- Lr\ °' ['--- U'\ 0' C'"'J ['-· 0 0 ['- .....-\... G '-.;.J ...::t Krystal Dion ...;I (]\ (\1 0 ..j ~ ~ °' ~ ...:;,- 1·{\ ...:t U\ ['--- Head Administrative Clerk ...:t -=:i· LC\ (\j Lr\ ('._; City of Taunton a. LAW DEPARTMENT 15 Summer Street Taunton, Massachusetts 02780 Phone (508) 821-1036 Facsimile (508) 821-1397 Shaunna O'Connell Peter F. Winters, Esq. MAYOR FfRST ASST. CITY SOLICITOR Matthew J. Costa, Esq. Thomas P. Gay, Jr., Esq. CITY SOLICITOR SECOND ASST. CITY SOLICITOR David T. Gay, Esq. SP. ASST. CITY SOLICITOR July 1, 2022 Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton MA 02780 Re: Greater Goods, LLC Vs: City of Taunton Municipal Council, Phillip Duarte, Barry Sanders, Jeff Postell, John M. Mccaul, David Pottier, Lawrence J. Quintal, Christopher Coute, Kelly A. Dooner and Estele Borges No: 22MISC000326 Dear Council President Duarte and Members of the Municipal Council: Pursuant to G.L. c. 30A, § 21 (a)(3), I respectfully request to meet in executive session with the Municipal Council for a brief update regarding the above referenced pending litigation. It is my belief that an open meeting on this topic may have a detrimental effect on the City's litigating position. Thank you for considering this request. Peter F. Winters, Esquire First Assistant City Solicitor PFW:tmg CITY OF TAUNTON Office of Economic And Community Development 15 Summer Street Taunton, Massachusetts 02780 Phone (508) 821-1030 WILLIAM D. ROTH, JR., AICP Executive Director July 7, 2022 Honorable Mayor Shaunna O'Connell Municipal Council President Phillip Duarte Taunton City Hall 15 Summer Street Taunton, Massachusetts 02780 Dear Mayor O'Connell and Members of the Municipal Council: Please find attached a request from the FedEx Ground Package Systems, Inc. for a Tax Increment Financing agreement from the City of Taunton through the Massachusetts Economic Development Incentive Program for your review and consideration. I request that a meeting of the Council of the whole be scheduled for July 26, 2022. FedEx Ground Package Systems, Inc. is proposing to build a new state of the are distribution warehouse facility at 2 & 8 Galleria Mall Drive as shown on the City's Assessors Map 118, Parcels 8, 39 & 41 and Map 126, Parcel 5. The proposal is to invest an estimated $165 million, including $95 million for soft and hard construction for the construction of an approximate 560,000 square foot building and $70 million for personal property We are recommending to approve the FedEx Ground Package Systems, Inc. request and to forward a positive recommendation to the City Council for final local approval. If approved by the Municipal Council the company's EDIP application would be forwarded to the Massachusetts Office of Business Development for final approval by the MA Economic Assistance Coordinating Council. If you have any questions or require additional information please contact me. Sincerely, William D. Roth, Jr., AICP Executive Director Attachments KRCILL July 6, 2022 The Honorable Shaunna O'Connell Mayor, City of Taunton Taunton City Hall . 15 Summer Street Taunton, MA 02780 RE: Amended Intent to Apply for Massachusetts Economic Development Program (EDIP) in Taunton Dear Mayor, This letter is Project Maple's letter of intent as required pursuant to the Economic Development Incentive Program, (EDIP) and follows our recent discussions related to the project parameter amendments. As you know, Kroll is the consultant representing the company through their site selection process. The company specializes in ground transportation for parcels across the United States and Canada. They are considering a significant, long-term capital investment in Massachusetts and planning the development of a new, build-to-suit facility that could accommodate the package volume overflow of existing facilities in South Boston, MA and Hartford, CT. A suitable land site has been identified on Galleria Mall Drive for the project. The project, codenamed Project Maple ("Project") anticipates capital investment in the new facility of approximately $165M, which includes real property of - $95M and machinery and equipment of -$70M. Project Maple is a spinoff, so all jobs would be newly created . There are no retained positions with this Project. The Project anticipates an estimated 150 net new jobs, of which -32 would be full-time employees and - 118 would be part-time employees. Part-time employees work approximately 25 hours per week. Health benefits are offered to all employees, including the part time positions. While there will be a fleet of vehicles, they will not be owned by the company. The company will fund the project itself through internal working capital. Kroll, LLC M +1 440 862 2698 Eileen.Egan@kroll.com Capitol Center www.kroll.com 9 19 Congress Ave, # 1450 Austin, TX 78701 Project Maple July 6, 2022 Page 2 of 2 We, on behalf of the company, are requesting that you accept this letter as the formal letter of intent required under the Economic Development Incentive Program, (EDIP). We appreciate your favorable consideration and look forward to future collaboration with the City of Taunton . Sincerely yours, Eile~~- ~ Vice President Kroll LLC cc: Bill Roth, Ex. Director OE CD/City of Taunton 10 year Taunton Tax Increment Financing (TIF) Proposal Assumptions Address: Galleria Mall Drive, Taunton , MA Current Square Footage = New Square Footage = 560,000 Land Base Assessed Value = $ 23,354,400 Building Assessed Value = $ 42,000,000 New Market Assessed Value = $ 65,354,400 I 560K sf @$75 sf+ 101 AC assessed Estimated Annual Base Tax Payment= $ 674,242 FY22 Tax Rate per $1000 = $ 28.87 Initial Incremental Annual Tax= $ 1,212,540 Estimated Estimated Current Estimated Estimated New e.t1......-. Incremental Tax Property Tax (Base Incremental Incremental Annual TIF -Savings Payment w/TIF to Year Only) Assessed Value Property Tax % Exempt toeom;.ny City 1 674,242 42 ,000,000 1,212,540 40% 48s:o~ 727,524 2 674,242 42,000,000 1,212,540 40% 485,016 727,524 3 674,242 42,000,000 1,212,540 35% 424,389 788,151 4 674,242 42,000,000 1,212 ,540 35% 424,389 788,151 5 674,242 42 ,000,000 1,212,540 25% 303;tS5 909,405 6 674,242 42,000,000 1,212,540 25% 303,135 909,405 7 674,242 42,000,000 1,212,540 20% 242,598 970,032 8 674,242 42,000,000 1,212,540 20% 242,508 970,032 9 674,242 42,000,000 1,212,540 10% 121 ,254 1,091,286 10 674,242 42,000,000 1,212,540 10% 121 ,254 1,091,286 Real Estate 6,742,420 12,125,400 26% 3,152,604 8,972,796 J TOTALS 3,152,604 8,972,796 15,715,216 Total Tax Total Total Savings to Net New Revenue Revenue Company to City to City Projected assessed values shown are estimated , actual assessed values to be determined by local Assessor Assumptions based on no annual inflation factor increase in assessed property values or tax rate Actual property values or tax rate may change ~ Revised: 7-7-22 TAX INCREMENT FINANCING (TIF) AGREEMENT (Alternatively, the "Agreement") BETWEEN CITY OF TAUNTON (Alternatively, "City") AND FedEx Ground Package System, Inc. (Alternatively, the "Company") This AGREEMENT is made as of this_ _ _ day of _ _ _ , 2022 by and between the City and the Company. WHEREAS the City is a Massachusetts municipal corporation acting through its Mayor and Municipal Council and having a principal office at 15 Summer Street, Taunton, MA 02780; and WHEREAS the Company is a Delaware corporation having its principal office at 3630 Hacks Cross Road, Building C-3'd Floor, Memphis, TN 38125, and is authorized to do business in Massachusetts; and WHEREAS the Company plans to c:onstruct an approximate 560,000 square foot distribution warehouse at 2 & 8 Galleria Mall Drive shown on the City's Assessors Map 118, Parcels 8, 39 & 41 and Map 126, Parcel 5 - (the "Property") and shown on.the map attached to this Agreement as Exhibit A; and WHEREAS the Company plans .to invest at the Property an estimated $165 million, including $95 million for soft and hard construction for the construction of an approximate 560,000 square foot new building and $70 million for pers?nal'pr6perty (hereinafter defined as the "Project"); and; WHEREAS' the Company plans to create and thereafter maintain 32 new permanent full-time jobs and 118 Part-Time at the Property; and WHEREAS the City is located within the boundaries of the Greater Taunton Economic Target Area (as that term is used in Massachusetts General Laws, Chapter 23A, Section 3D, and referred to below as the "ETA"); and; WHEREAS the Company inten.ds to apply for status as a Local Incentive-Only Project under the Massachusetts Economic Development Incentive Program for both Personal and Property Taxes; and WHEREAS the City strongly supports increased economic development to provide additional jobs, expand business within the community, and to develop a healthy economy and stronger tax base; and WHEREAS by vote of the City Council duly called and held on , 2022, the Municipal Council accepted the proposal to enter into a Tax Increment Financing Agreement for the Property. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1 Revised: 7-7-22 I. Article I. CITY'S OBLIGATIONS 1. A Tax Increment Financing ("TIF") exemption (the "Exemption") is hereby granted to the Company by the City in accordance with Chapter 23A, Section 3F; Chapter 40, Section 59, and Chapter 59, Section 5, Clause Fifty-first of the Massachusetts General Laws and the applicable regulations. The Exemption shall be for a period of ten (10) years (the "Exemption Term"), commencing in (i) the following fiscal year that a certificate of occupancy for the Project is issued to Company; and (ii) reflects the year that the City increases the value to the full assessed value of the Project at the Property; hereinafter referred to as the "Start Date)") and shall provide an exemption from taxation of the new incremental value of the Property resulting from the Project as follows: Fiscal Year 1 2 3 4 5 6 7 8 9 10 '.-''·'/', •,',',·':', . ,· '· '-'·\ 2. The base valuati~~~~t·:~,~~roperty sh.~be the Property for the base year. ~~s~se<.lyalu~~f:·the The base year.~Ql''Ptlrposes.~fthis Agreem:entJ~:F:iscal'Vear~023. The Fiscal Year 2023 base assessed valuat~~A for the Pr~~ertY is $23;35·4:;iioo. 3. The ~~sy v~luati~:s~¥ ft~J~s~ annuall~by be an adjustment factor which reflects increased cgt¥~~1'¢i~~4 industtlalpl'~Pertyv~~s withl;n.the community, as provided in Chapter 40, .$eCtlbn 59, of.fh(i.Massach'llSetts Generallbaws. i .< .·· ·.·•·.· .·.•. ·. · · · · ·•·•.· . . . . . . .·.· 4. Tb.~•. ~ompany will proyide full~.payments on any partial construction completion and the TIF Ext:l~ption will not apply.until the Start Date as defined in Section I(l). i:.,-.'·:, . ' ""'-"'"·· ·:.· '.' Article II. THE co:N!J:ANY'S OBJifGATIONS The City grants the Exe~i~bii·Jo the ¢~tnpany in consideration of, and commitment by, the Company to the following: ·· · 1. The Company plans to create and thereafter maintain 32 new permanent full-time jobs and 118 Part- Time at the Property. 2. The Company shall construct an approximately 560,000 square foot distribution warehouse at the Property. 3. The Company shall invest an estimated $165 million at the Property, including $95 million for soft and hard construction and infrastructure costs, and $70 million for personal property. 4. The Company shall submit annual reports to the Massachusetts Economic Assistance Coordinating Council ("EACC") through the state's on-line portal for each year of the Agreement. The reports shall 2 Revised: 7-7-22 include information about job retention, job creation and new investments at the Property for each year of the Agreement and on a cumulative basis. 5. The Company's job retention and creation plans are outlined in the documentation submitted to the State by the Company in connection with the Company's requests for a TIF exemption. 6. The Company shall use commercially reasonable efforts, to the extent permitted by law, to fill open positions with qualified Taunton residents. For the purpose of satisfying the foregoing commercially reasonable efforts requirement, the Company shall advertise in Taunton newspapers and participate in local job fairs. 7. The Company shall include provisions in its contract with its geu~ral contractor requiring the general contractor to use commercially reasonable efforts to provide op!)9rtunities for properly qualified Taunton-area subcontractors to bid on the construction oft~"Project. 8. The Company shall use commercially reasonable efforts\toidentify local organizations and charities serving and benefiting the residents of the City an~,:Ql~e charitable ¢().!ltributions to the extent consistent with, and permitted by, the Company'$pollcies . . . 9. If the Company fails in any material respect to\~~~t the obligations specifi~d)~;1Paragraphs 1, 2, 3, 4, 5, 6, 7, or 8 of this Article II, the City may request de¢ejiificatio11x.ofthe Project by:.:~n~ EACC. Upon decertification, the City shall disco;(litµme the TIF ben~'fit~ p;t~tV:ided to the Compan~prospectively only, commencing with the first fiscal ye~iitt,~hich the Projectii~tdecertified, or if such benefits have already been received by the Company for tJi~'.,,fi~~!-l'iv~~~r in whichtll.~ ~roject has been decertified, commencing as of the fiscal year immediately followj:µg tll:at1.\fis9al year. Pti(L)r.to taking any action to request decertification of the Project by the EA@~, the.Cif}T:;,s,4all give written notice of the alleged default to the Company and provid~1.it'W~t.l1~n opporturii~ to meet :Wi~h.th~ Cityo~cials to discuss whether a default exists and, ifthere~$~<acfuat::(lefault, to dis¢uss q;r~edyfort}le alleged default. The Company shall have thirty (30) day$'.from the Clity's issuance<~f·such written notice to respond to the City regarding any alleged default an~.<;me hundl'~d twenty (120)days from the City's issuance of such written notice to remedy such alleged'·q~fault; pt()\'i.~e~, however,that the City need not wait longer than thirty (30) days ~r?w,~~·~ity's issuan:¢·e9f,suchwtit~u notice to take action requesting decertification of the Proj~f; . . · · . ·· ·' 10. Ifth~b?mpany mov;~~~lµthe ;fop(;}rtY or transfers ownership in the Property or Company to any other enti~~{other than to' ~affiliate 6$the Company), the Company shall provide the City with thirty (30) days'pfi.q,r to such move'.OtJransfer.'' Article III. OTHE~&.01s1DERAtJ~NS 1. Pursuant to 760 C.M'.k;,\~~;~~(8) (d), this Agreement shall be binding upon and inure to the benefit of the Company, its success~rs; and assigns, and subsequent owners and lessees of the Property, so long as the Project has not been decertified by the EACC. 2. The matters described above as obligations of the Company are only conditions to the eligibility for tax exemptions under this Agreement, and do not create any generally enforceable obligations or covenants of the Company. The City's sole remedy for failure by the Company or any successor to satisfy any of its respective obligations and conditions are as set forth in Paragraph 9 of Article II ("Company's Obligations"). The City may seek to enforce such remedies in a court of competent jurisdiction in Massachusetts. 3 JD Revised: 7-7-22 3. This Agreement is subject to Massachusetts General Laws Chapter 23A, Section 3A-3F inclusive, Chapter 40, Section 59 and Chapter 59, Section 5, cl. 51,760 CMR 22.00, and any other applicable statues and regulations. 4. Should any provision of the Agreement be declared or be determined by a Court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, and provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of the Agreement. 5. The time within which the Company shall be required to perform any of the respective acts or obligations under this Agreement shall be extended to the extent that the performance of such obligations shall be delayed by a Force Majeure Event. A ForceMajeure Event means any events or occurrences, such as acts of God, earthquakes, fire, acts ofteq;.qrisfo, war, labor disputes, delays or restrictions by government bodies, that are beyond the rea~n~ble control of the Company and while such Force Majeure Events or the impact thereof continµ~~ith~:;<:;ompany shall not be considered in default hereunder and any cure period related thereto shajlbe tolled. i ../ \ ' ·.. ·. WITNESS ETH the execution and delivery of this Agre~~nt by the (;ity and the 2~~p~ny as an instrument under seal as of the date first above written. ii> ..... "'1','"'°'"i AGREED TO: FedEx Ground Package System, Inc. Cify o'fTaunton/ ·. J\{ayor Shaunna O'Connell Name: Andrew Watkins Title: Tax pate of Signature Approved as to Form: Matthew J. Costa, Esq. City Solicitor 4 Revised: 7-7-22 /J Exhibit A Property Map City of Taunton , MA July 5, 2022 2 & 8 Galleria Mall Drive + f I r •, I " '. ..., •• \ \ \ ·.• .. -. ?. '· ~ I @ I l I J . * * .;,1·' . . ., • . •• <Q'-' ' ' •# '\ 'l 1" = 993.5540344304957 ft .i~ rcr!'1" 'H Property lnforma1io n Print map scale is approximate. Propt fty lD Location 118-8-0 COUl\ITY STREET Critical layout or measurement Owner SILVER CITY HOLD INGS WT LLC activities should not be done using this resou rce. MAP FOR REFERENCE ONLY NOT ALEGALDOCUMENT City of Taunton , 1\.1.ll. makes no cla1111s and no warranl!BS, expressed or imp~sd, cunr.erning the validf:y or accuracy of the GIS dati\ presi?nted on this map. Geometry updated 711/2021 Datt\ updated 7/112021 5 CITY OF TAUNTON MUNICIPAL COUNCIL RESOLUTION WHEREAS, FedEx Ground Package Systems, Inc. is proposing to build a new state of the are distribution warehouse facility at 2 & 8 Galleria Mall Drive as shown on the City's Assessors Map 118, Parcels 8, 39 & 41 and Map 126, Parcel 5. The proposal is to invest an estimated $165 million, including $95 million for soft and hard construction for the construction of an approximate 560,000 square foot building and $70 million for personal property. FedEx Ground Package Systems, Inc. proposes create and thereafter maintain 32 new permanent full-time jobs and 118 Part-Time. WHEREAS, FedEx Ground Package Systems, Inc., invented ground and express transportation and remains the industry's global leader, providing rapid, reliable, time-definite delivery to more than 220 countries and territories, connecting markets that comprise more than 99% of the world's gross domestic product; and WHEREAS, FedEx Ground Package Systems, Inc., has applied for Certified Project status under the Massachusetts Economic Development Incentive Program created by Chapter 23A of the Massachusetts General Laws; and WHEREAS, The City of Taunton, acting by and through its Mayor and Municipal Council has agreed to adopt the FedEx Ground Package Systems, Inc., Tax Increment Financing Agreement as recommended to the Municipal Council on XXXXX, 2022 by the City of Taunton's Tax Increment Financing Board ; and WHEREAS, The City of Taunton has agreed to approve submission to the Massachusetts Economic Assistance Coordinating Council (EACC) of an EDIP Certified Project Local Incentive Only application as recommended to it on XXXXXX, 2022 by the City of Taunton's Tax Increment Financing Board. NOW THEREFORE, The Municipal Council of the City of Taunton ("Council"), upon a vote duly taken, hereby resolves as follows: 13 RESOLVED: that the Municipal Council adopts the TIF Agreement and authorizes the Mayor to execute and file any and all documents with the Massachusetts Economic Assistance Coordinating Council necessary to implement this Resolution ; and RESOLVED: that the Municipal Council approves submission of the Economic Development Incentive Program Local Incentive Only Certified Project application and authorizes the Mayor to execute and file any and all documents with the MA EACC necessary to implement this Resolution; and RESOLVED: that the Municipal Council authorizes the Mayor to take any and all such other actions necessary to implement this Resolution. Adopted in Municipal Council, XXXXX, 2022 , City Clerk City of Taunton LAW DEPARTMENT 15 Summer Street Taunton, Massachusetts 02780 Phone (508) 821-1036 Facsimile (508) 821-1397 Shaunna O'Connell Peter F. Winters, Esq. MAYOR FIRST ASST. CITY SOLICITOR Matthew J. Costa, Esq. Thomas P. Gay, Jr., Esq. CITY SOLICITOR SECOND ASST. CITY SOLICITOR David T. Gay, Esq. SP. ASST. CITY SOLICITOR July 1, 2022 Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton, MA 02780 Dear Council President Duarte and Members of the Municipal Council: Submitted herewith is communication dated June 23, 2022 which the Law Department has received from Xfinity regarding changes to services. Thank you. Respectfully, _fw;:- Matthew J. C s , Esquire City Solicitor MJC/tmg Enclosure June 23, 2022 City Attorney I City of Taunton • .J 141 Oak Street JUN 3 0 2022 Taunton, MA 02780 Dear City Attorney: As part of our ongoing commitment to keep you and our customers informed about changes to Xfinity TV services, we maintain an updated website (https://www.xfinity.com/programmingchanges) that lists channels that may soon expire or terminate. On June 9, 2022 we added ShopHQ to that website as unfortunately, due to contract violations, the programming might cease on July 12, 2022. Should you have any questions, please do not hesitate to contact me at patrick_shearns@comcast.com. Very truly yours, Ptdric/vJ. Shear114Y Patrick J. Shearns, Sr. Manager Government Affairs //_g. WILLIAM 0. ROUNDS Attorney at Law ll5 BROADWAY TEL: (508) 880-5444 TAUNTON, MASSACHUSETTS 02780 FAX: (508} 822-3855 July 8, 2022 Municipal Council City of Taunton City Han 15 Summer Street Taunton, MA 02780 Re: Host Community Agreement with LMCC. LLC 83 County Street (Marijuana Retailer Establishment) Dear Council Members: As you know, I represent LMCC, LLC regarding the above-referenced matter. On behalf of my client, I respectfully request that this Host Comnumil)' Agreement be renewed or extended for an additional year. Very truly yours. William D. Rounds ZOZZ JUL - 8 A q: !.{~ JULY 12, 2022 _______ CITY CLER K HONORABLE SHAUNNA L. O'CONNELL, MAYOR COUNCIL PRESIDENT PHILLIPE. DUARTE AND MEMBERS OF THE MUNICIPAL COUNCIL PLEASE NOTE: THE FOLLOWING COMMITTEE MEETINGS HAVE BEEN SCHEDULED FOR TUESDAY, JULY 12, 2022 AT 5:30 P.M. AT TAUNTON CITY HALL, 15 SUMMER STREET, TAUNTON, MA, 02780 IN THE CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS 5:30 P.M. THE COMMITTEE ON FINANCE AND SALARIES 1. MEET TO REVIEW THE WEEKLY VOUCHERS & PAYROLLS FOR CITY DEPARTMENTS 2. MEET TO REVIEW REQUESTS FOR FUNDING/TRANSFERS A. HUMAN SERVICES DEPARTMENT- TRANSFER FY22 REVOLVING ACCOUNT BALANCE OF $172.37 TO FY23 REVOLVING ACCOUNT 3. MEET WITH THE CITY AUDITOR TO DISCUSS YEAR END TRANSFERS PLEASE NOTE: A 1rMEETING 11 OF THE ENTIRE MUNICIPAL COUNCIL, AS SAID TERM IS DEFINED IN MASS. GEN. L. C. 30A, §18 MAY OCCUR CONCURRENTLY WITH THIS COMMITTEE MEETING THE COMMITTEE ON POLICE AND LICENSE 1. MEET WITH THE POLICE CHIEF, LIEUTENANT NICHOLS AND PETER DONG FOR FURTHER DISCUSSION ON REQUEST FOR PERMISSION TO HOLD A CONCERT AT 1 PORTER STREET 2. MEET WITH THE POLICE CHIEF AND DETECTIVE RUTHERFORD ON THE FOLLOWING MARIJUANA APPLICATIONS A. LMCC, LLC FOR RENEWAL OF MARIJUANA RETAILER LICENSE, 83 COUNTY STREET B. MASSMEDICUM CORP D/B/A GRAND CRU CANNABIS CO. FOR RENEWAL OF MARIJUANA RETAILER LICENSE, 300 REVOLUTIONARY DRIVE PLEASE NOTE: A "MEETINGn OF THE ENTIRE MUNICIPAL COUNCIL, AS SAID TERM IS DEFINED IN MASS. GEN. L. C. 30A, §18 MAY OCCUR CONCURRENTLY WITH THIS COMMITTEE MEETING THE COMMITTEE OF THE COUNCIL AS A WHOLE 1. MEET TO DISCUSS APPLICATION OF LUNAR XTRACTS, LLC FOR A NEW HOST COMMUNITY AGREEMENT FOR MARIJUANA PRODUCT MANUFACTURER TO BE LOCATED AT 144 WEST BRITANNIA STREET 2. MEET FOR A PRE-REVIEW ON THE ISSUANCE OF A SPECIAL PERMIT FOR MEDICINE MAN SOLUTIONS, LLC BY HASKELL KENNEDY Ill, MANAGER, FOR A 1,491 SQUARE FOOT MARIJUANA .• MANUFACTURING AND DELIVERY USE WITH UP TO THREE DELIVERY VEHICLES TO BE LOCATED AT 144 WEST BRITANNIA STREET LOCATED IN THE INDUSTRIAL DISTRICT PLEASE NOTE: A "MEETINGn OF THE ENTIRE MUNICIPAL COUNCIL, AS SAID TERM IS DEFINED IN MASS. GEN. L. C. 30A, §18 MAY OCCUR CONCURRENTLY WITH THIS COMMITTEE MEETING Respectfully, ~&iw Colleen M. Ellis Clerk of Council Committees

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