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City Council

Regular Meeting

Taunton, MA · July 19, 2022

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City ofrtaunton 9dunidpa{Council9deetina 9dinutes City Jfa{{, 15 Summer Street, rtaunton, ~ 9dinutes, Ju{y 19, 2022 at 7:04 O'cCoc~/P.9d. c.R§guCar :Meeting :Mayor Snaunna £. 0 'Connellpresitfing <Prayer was offerea 6y tne :Mayor <Present at roll callwere: Councifor Vooner, Vuarte, QJorges, :M.cCau~ a>ottier, Coute, Sanders, anti Quinta{ Councifor a>ostellwas a6sent. Record of preceding meeting was read by title and approved. So voted. Motion was made to go out of the regular order of business to Communication from the Mayor. So voted. Communications from the Mayor: Mayor 0' Connell said they have a very special presentation tonight. They are thrilled to recognize our Taunton High's School softball and baseball Division 1 State Champs this evening! It's really extraordinary that both our softball and our baseball teams are Division Champs in the same year and they couldn't be more proud of all of them. The softball team has back to back state Championships, which means they now have seven State Championship wins. This is such a big deal that our teams were recognized by the Kraft family and the New England Patriots right at Gillette Stadium. This is a very proud moment for Taunton. Mayor O'Connell continued to express how proud the City is of both teams and thanked the families for all their work as well. She also thanked Superintendent Cabral and his administration, the School Committee members, including who is here tonight, Jordan Fiore. She also thanked the coaches who are the glue that holds us all together. They know the players, understand their unique athletic abilities and always help every single player to do their best to reach their fullest potential. Also, she thanked the leader of the whole thing, Mark Ottavianelli. Mr. Ottavianelli offered a few words. He introduced the Softball Coach, Carrie Consalvi. Ms. Consalvi offered a few words. Mayor O'Connell presented each softball player and each softball coach with a citation. Mr. Ottavianelli introduced BaseballCoach Blair Bourque. Mr. Bourque gave a few words. Mayor O'Connell presented each baseball player and each baseball coach with a citation. Mayor O'Connell thanked everyone for joining them in honoring our teams. Motion was made to take a five-minute recess. So voted. Mayor O'Connell stated there are currently forty-two (42) active reported Covid cases here in the City of Taunton. The Regional Vaccine Clinic at Northwoods is open through August. They are pleased to announce Hopewell Pool is having extended hours. They will now be open Monday, Wednesday and Friday from 1:00 p.m. to 5:15 p.m., Tuesday 2 and Thursday from 1:00 p.m. to 6:45 p.m. and Saturdays from 11:00 a.m. to 3:45 p.m. The cost for City residents is $2.00 per person. Children 10-years and under are free. The splash pad is always open daily from 10:00 a.m. to 8:00 p.m. They are happy to be able to offer this to all of the residents during this very hot summer we are having. For more information or questions, you can call Park & Rec at (508)821-1415. The National Weather Service has issued a heat advisory for July 20th from 11 :00 a.m. to 8:00 p.m. The Taunton Public Library will be open if you need somewhere to cool off Monday through Thursday from 8:00 a.m. to 8:00 p.m. and Friday 8:00 a.m. to 5:00 p.m. It is open to City residents seeking to stay cool and have somewhere safe during the day. There will be something coming in further in the communications about the Waste Water Treatment Plant. She wanted to give a quick summary. In February they submitted a Home Rule Petition for the Council to approve. She thanked the Council for supporting that Home Rule Petition. It was called an Act authorizing the City of Taunton to contract for the renewal of services relative to the operation and maintenance of its Waste Water Treatment Plant. A little background, in 1996 Special Legislation was passed that allowed the City of Taunton to hire Veolia to service and operate our Waste Water Treatment Plant. That contract was limited to 25-years and it ends in the summer of 2023. They recognized the importance in the benefits of maintaining the current operator while they are doing upgrades so that the upgrades are timely and successful. They wanted to make sure they were ahead of the curve so they initiated the process of the Home Rule Petition back in January. It was approved by the Council in February and filed in the Legislature as S2705. It has been passed in the Legislature and signed by our Governor. They thanked their Legislature Delegation and the Governor. She also thanked the Law Office and the DPW who did a lot of work behind the scenes to successfully make sure it was passed through Council, it was filed in the Legislature and it untimely passed. She also thanked the Towns of Dighton and Raynham for their support of this Home Rule Petition as it benefits them as well and appreciated them testifying in favor of that Legislation. Motion was made to revert back to the regular order of business. So voted. Opportunity for input by the general public. There was nobody present to speak at public input. Hearings: Hearing #1: On the petition submitted by Edmund John Costa Jr., 46 Devon Street, Taunton, MA for the issuance of a Kennel License per City Ordinance Section 3-24 to allow: A Grade 1 (4-6 dogs) Kennel License for personal use/dogs, NOT BUSINESS USE, to be located at 46 Devon Street, Taunton, MA 02780. Mr. Costa entered the enclosure. Com. from the Animal Control Officer submitting positive recommendation. A map of the location was also submitted. Motion was made to receive the communications and place on file. So voted. Mr. Costa said his name is actually John Edmund Costa and his address is 46 Devon Street, Taunton. Marcy Swartz who was also present, also resides at 46 Devon Street. Mr. Costa said his wife and he moved to Taunton about a year ago and they brought their friend Marcy with them who also lives with them. They have two dogs and Marcy originally had two dogs. Her oldest one passed away so she would like to get another dog. Which would be four dogs in the house. They want to do everything the legal way which is why they are asking for a Kennel License. Councilor Coute asked what the total number of dogs will be on the premises. Mr. Costa stated four. Councilor Coute asked if there has been any incidents 3 with neighbors that has prompted them to come here. Ms. Swartz stated no. Councilor Pottier said thank you for doing the right thing by the Ordinance. Motion was made to open public input. So voted. Brian Dalrymple, 30 Devon Street, he is the Costa's neighbor on the left side. He went to the Board of Health to get a copy of their septic plan which shows the shape of their lot. He submitted the map to Assistant City Clerk. He appreciated the Costa's, when they moved in they installed a fence behind their property to keep their dogs corralled. On the map it shows the approximate area of what constitutes their personal dog park if you will, which is nice for the animals. However, he doesn't see that they actually walk their animals and they are pretty much restricted to use just in the backyard. The fact that there are three dogs and what he seems to see, is a limited area where they are allowed to play, where they defecate and urinate, it seems that adding a forth animal to what he perceives to be a somewhat a restricted area, is not in the benefit or the welfare of the animals. He understands that pet owners like to have more than one animal to socialize their pets, and there are three dogs there, he feels that is an adequate number given the circumstances across the street. Steven Gallerani, 15 Devon Street spoke. He lives in the cul-de-sac part of the neighborhood. He appreciated them going through this process. His biggest concern is that when he hears Kennel License, he thinks business. He would like to know if running a business out of the house is possible or not. He wants to know if the number of dogs they have, which is four, will be a stipulation or not on this license. He does not want to see this be a business. Mayor 0' Connell noted for the record, that it says on the application, that the approval by Manny Massa, that the maximum number dogs allowed is four and it also says it's not for business purposes. Councilor Pottier asked the applicant if he intends on doing a commercial business out of this site. Ms. Swartz stated no they don't. As far as him not seeing them walk their dogs, their dogs go to daycare. They do also walk them around the neighborhood as well. Councilor Pottier asked if they clean up after the dogs on a regular basis. They stated yes they do. Councilor Borges asked what kind of dogs are they. Ms. Swartz said she has a whippet greyhound mix and Mr. Costa said he has two cattle dog mix. Councilor Borges added our Animal Control Officer does go out to properties to inspect. If there were any complaints he would certainly go back there again to inspect the property. It could be subject to removal of that license if they grant it and if the rules weren't being followed, and it becomes a business, which it doesn't sound like it's going to be. Councilor McCaul asked if the dogs are spayed and neutered. The petitioners replied stating all of them are. Robin Walsh, 10 Guernsey Avenue, which is across the street from their home. She has lived in the neighborhood for 29-years. Her only question is, what is their recourse if they do find this becomes an issue. Also, are any of these dogs that are coming into the home, will this ever be used as a rescue site or any type of rescue property. Mayor O'Connell stated if there is an issue, you can call the Animal Control Officer to report this and you can also call the Mayor's Office anytime. The petitioners confirmed this will not be used as an Animal Rescue Center. Motion was made to close public input and grant the Kennel License with a maximum of four dogs for private use only. So voted. Motion was made to close the public hearing. So voted. Hearing #2: On the petition submitted by Cathy J. Botts Deegan, 995 Glebe Street, Taunton, MA for the issuance of a Kennel License per City Ordinance Section 3-24 to allow: A Grade 1 (4-6 dogs) Kennel License for personal use/dogs, NOT BUSINESS USE, to be located at 995 Glebe Street, Taunton, MA 02780. Motion was made to open the public hearing and invite the parties into the enclosure. So voted. Com. from the Animal Control Officer submitting a positive recommendation. A map of the location 4 was submitted. Motion was made to make communications part of the record. So voted. Cathy Botts Deegan, 995 Glebe Street introduced herself. She said the reason she is applying for this is her oldest dog is 12-years old and is having a lot of hind leg problems and tumors so she is looking to get a dog to replace his position in the family. The other dogs are little and playful. She just wants a dog that knows the rules. Councilor Coute asked how many dogs she wants to have. Ms. Deegan replied four. Councilor Coute asked if there was any problems with neighbors that prompted her to come here to get this license. Ms. Deegan said not that she is aware of. Councilor Coute asked what the breed of the dogs are. Ms. Deegan said the littlest is a terrier mix, the middle one is a kelpie which is like an Australian cattle dog and the oldest one is a greyhound mix. Councilor McCaul asked if all the dogs are neutered or spayed. Ms. Deegan said yes they are all neutered. Councilor McCaul asked if she plans on getting six dogs. Ms. Deegan said no, never. She is applying for no more than four. Councilor McCaul asked if she has spoken to any of the neighbors and asked how they felt. Ms. Deegan said the neighbors closest to her rent so no she has not spoken with them. Councilor Pottier said he appreciated her looking to do things the right way and comply with their Ordinance. Motion was made to open public input. So voted. Yvette Hebert, 975 Glebe Street, which is two houses next to her. She just wanted to confirm that this indeed is just for private reasons and not commercial, boarding or things like that. Mayor O'Connell said it does indicate that it's not for business use and if there were any issues with that, then the Animal Control Officer would reply to those and address those issues. Motion was made to close public input and approve the Kennel License for a maximum of four dogs for personal use only. So voted. Motion was made to close the public hearing. So voted. Appointments: Reappointment of Daniel Rapoza, 42 Davis Street, Taunton to serve on the Cable Television Advisory Commission for a term of five (5) years which will expire in December 2026. Motion was made to approve. So voted. Communications from City Officers: Com. from Senator Marc R. Pacheco updating on the State Legislature given final approval to S2705, An Act authorizing the City of Taunton to contract for the renewal of services relative to the operations and maintenance of its wastewater treatment plant, sewers and pump stations, for a term not to exceed five years, and that the bill is now on the Governor's desk. He gave thanks to the Mayor and the City Council for recognizing the importance of this legislation and acting swiftly on moving the bill enabling the City to save tens of millions of dollars in additional costs. Motion was made to receive and place on file. So voted. Com. from Senator Marc R. Pacheco wrote to inform the Mayor and the City Council that the Governor has signed S2705, An Act authorizing the City of Taunton to contract for the renewal of services relative to the operations and maintenance of its wastewater treatment plant, sewers and pump stations, for a term not to exceed five years, also a copy was attached of the signed bill. As mentioned in his communication from July 7, 2022, filing and passing home rule petitions in the second year of a legislative session can be quite challenging. He gave thanks to the Mayor and the City Council for recognizing the importance of this legislation and acting swiftly on moving the bill enabling the City to 5 save tens of millions of dollars in additional costs. Motion was made to receive and place on file. So voted. Com. from the Building Department notifying of an accrued retirement buyout for Joan Adamczyk in the amount of twenty-nine thousand, eight-hundred and twenty-six dollars and sixty-five cents ($29,826.65). Motion was made to approve and prepare the appropriate scroll. So voted. Com. from the City Solicitor stating on July 5, 2022 the Council voted to receive a letter from the Law Department explaining what authority, if any, the City Council has over the Taunton Airport Commission. This question has been addressed in prior opinion letters by the Law Department. Enclosed for your reference is a letter from City Solicitor Jason Buffington dated November 21, 2018 and letter of David T. Gay dated June 16, 2021. The Law Department's position is set forth in the enclosed letters and it has not changed. The City of Taunton has established a municipal airport pursuant to G.L. c. 90, § 51D et seq. The General Law of Massachusetts also provide that "in any city .. .in which an airport is established ... there shall be established a board ... to be called the airport commission ... which shall have custody, care, and management of the municipal airport of said city ... " G.L. c. 90§ 51E. Thus, once a city establishes an airport, there is a legal requirement that an airport commission must be established. Explanation continued. As a result, the clear dictate of the Legislature is that the airport commission, and not the Municipal Council, is in full charge of the airport, subject only to the general power of appropriation. The airport commission has numerous other powers. Explanation continued referencing G.L. c. 90, § 51E, G.L. c. 90, § 51F, G.L. c. 90, § 51G, G.L. c. 90, § 51I, and. G.L. c. 90, § 51J. The Municipal Council does have a role to play in the appointing process of members of the airport commission. G.L. c. 90, § 51E provides that "members of the municipal airport shall be appointed, in cities, by the Mayor with the approval of the City Council". Motion was made to receive and place on file and forward a copy to the gentleman (Charles Wright) who has come before the Council multiple times seeking assistance from the Council to advise him this is not the place for that. So voted. Com. from the Safety Officer responding on Sherbome Street and Fairbanks Avenue Intersection. Councilor Quintal stated that Lucy Braga, a resident of that area requested a stop sign. Mrs. Braga stated that all the other four-way intersections have stop signs in that area. He checked the area and did observe that all the four-way intersections did have stop signs. At this time he is asking that an Ordinance and two stop signs be placed on Sherbome Avenue, at the intersection of Fairbanks Avenue. Both stop signs should be placed on Sherbome Street. Motion was made to refer to the Committee on Ordinances and Enrolled Bills. So voted. Com. from the Safety Officer responding to several motor vehicle crashes at the intersection of Oak Street at Kilmer Avenue. In order to make that intersection safe and reduce motor vehicle crashes, he recommends a stop line on the roadway and a red flashing light above the intersection. He is asking that an Ordinance and one stop sign be placed on Kilmer Avenue at Oak Street near the Fire Safety Building. Motion was made to refer to the Committee on Ordinances and Enrolled Bills. So voted. 6 Com. from the Chairman of the Taunton Planning Board notifying of a public meeting regarding a Roadway Improvement for Willis Pond consisting of a 20-foot pavement for a length of 1,040 feet, submitted by Aspen Properties Development LLC. The Planning Board will hold a meeting on Thursday, August 4, 2022 at City Hall located at 15 Summer Street. Motion was made to receive and place on file. Councilor Coute voted present. So voted. Com. from the Chairman of the Taunton Planning Board notifying of a public meeting and hearing regarding a Special Permit/Site Plan Review for 562 Winthrop Street to allow 17,360 sq. ft. of outdoor storage for portable restroom units & 3,900 sq. ft. equipment storage for a rental business portable restrooms in conjunction with the existing single family house on premises at 562 Winthrop Street submitted by Moose Pond LLC. The DIRB will review the petition on Tuesday, August 2, 2022 at 8:30 a.m. in the Taunton Planning Board Office at 141 Oak Street And then the Planning Board will review this on Thursday, August 4, 2022 at City Hall located at 15 Summer Street. Motion was made to receive and place on file. So voted. Com. from the Office Manager from the Taunton Municipal Airport submitting a summary in regards to Charles Wright who has appeared at City Council and at Airport Commission meetings several times to give public input dating back to November 2020. The concerns brought forth relate to two issues: parking at the Airport and hanger development/construction. The letter gave further details of the timeline of events. Motion was made to receive and place on file and refer to the Committee on the Needs of the Airport. So voted. Com. from the City Solicitor in regards of the application of Terrasol To Go, LLC for a Host Community Agreement for a Marijuana Delivery Operator Business at 41 Taunton Green was referred to the Law Department by vote of the Council on July 12, 2022. 41 Taunton Green is a Central Business District under the City of Taunton Zoning Ordinance. Marijuana establishments are prohibited in the Central Business District. In order to be located at 41 Taunton Green, a use variance from the Zoning Board of Appeals would be required for this proposed use. Because the use is prohibited at this site, the Law Departments' recommendation is to decline the Host Community Agreement request until and unless the applicant first obtains a use variance. There is a strict legal standard for the issuance of use variance, and it will be within the Zoning Board of Appeals purview to determine whether said standard has been met. In their opinion the applicant for the use variance should first be made, and if granted, the Municipal Council may then consider the request for a Host Community Agreement at this location. For these reasons, the Law Department recommends declining this request for a Host Community Agreement until such time as the applicant documents to the Municipal Council that it has obtained a zoning use variance as necessary for the proposed business to be legally allowed at this location. Motion was made to refer to the Committee of the Council as a Whole with the application. So voted. On discussion, Councilor Coute asked if they were to vote to deny, and they get a variance, how does that work with the reconsideration piece. The City Solicitor said he can advise to this when it goes to the Committee of the Council as a Whole. He does have some input on this question. 7 Com. from Mayor 0' Connell writing to provide an update on the current renovations underway at the Taunton High School football field. The THS field turf had a life/use expectancy of 8-10 years and we are thankful that THS got 14 years of use out of it. It was due to be replaced. Currently being installed is a new turf (with concussion pad per code), a new track and a new multimedia scoreboard. The total cost of these upgrades is $2.3 million which is being funded out of the School Department's revolving account. These much-needed improvements are being provided with no cost to our taxpayers. Although there is no exact date set yet, it is anticipated that the new turf and track will be ready by opening day of fall sports. The new scoreboard will take slightly longer as there are parts needed that are not yet available. Motion was made to receive and place on file and the Councils thanks for the quick turnaround on this information. So voted. Communications from Citizens: Com. from Derek Heim, President & Chief Executive Officer of the Boys & Girls Clubs of Metro South extending gratitude for the City of Taunton' s incredibly generous grant of $175,000.00 that was received on July 5, 2022. This will make a profound impact upon their ability to provide a Youth Resource Navigator in our Taunton Clubhouse through the Taunton Youth Mental Health Collaborative for August 2022 to August 2023. Councilor Pottier asked if this was covered with Covid funds as well. Mayor O'Connell replied saying it was with ARP A. Councilor Pottier thanked the Mayor and her Administration for this funding. Motion was made to receive and place on file with the Councils thanks. So voted. Mayor O'Connell said this was an incredibly collaborative effort with these three youth service organizations. It has really become a model program that has been created right here in Taunton. Petitions: Livery License - RENEWAL 1. Taunton Motorized Carriage Company, Inc. located at 295 Broadway, Taunton by Alexander Tucan (21 Vehicles, 2 Handicap). Motion was made to refer to the Committee on Police and License and the Police Chief. So voted. Hackney Carriage RENEWAL: 1. Taunton Cartage Co. LTD-DBA-Checker Cab located at 295 Broadway, Taunton by Alexander Tucan. Motion was made to refer to the Committee on Police and License and the Police Chief. So voted. 2. Taunton Cartage Co. LTD-DBA- Cozy Cab located at 295 Broadway, Taunton by Alexander Tucan. Motion was made to refer to the Committee on Police and License and the Police Chief. So voted. Committee Reports: Motion was made for Committee reports to be read by title and approved. So Voted. Recommendations adopted by the Committee on Finance and Salaries, the Committee on Youth and Recreation and the Committee of the Council as a Whole. So voted. Councilor Pottier deferred the actions taken in the Committee of Police and License to Vice Chairman Sanders. Councilor Sanders said the Committee on Police and License, he and Councilor Borges met with the Police Chief and with the Building Inspector to discuss the request for a renewal of the license for Massmedicum Corp. - dba- Grand Cru Cannabis at 300 Revolutionary Drive, in order to keep things clear they 8 had a motion to approve the request for an extension of the license. That motion failed on a zero to two vote. Councilor Sanders made a motion that at this time the Council, on a roll call vote ratify the decision made by the Committee on Police and License. So voted. Motion was made that the Council adopt the vote by the Committee on a zero to two vote, not to approve the renewal of their license for Massmedicum Corp. - dba- Grand Cru Cannabis. On a roll call vote, eight (8) Councilors were present, eight (8) Councilors voted in favor. Councilor Postell was absent. So voted. Motion passed unanimously. Unfinished Business: NONE Orders, Ordinances and Resolutions: NONE New Business: Councilor Pottier made a motion to refer to the DPW the potholes and uneven roadway around 325 Norton Avenue to be looked at. So voted. Information only, Councilor McCaul said Lake Sabbatia will be closed on Thursday, July 21, 2022 (only I-day) due to them doing the second treatment on the Lake. They will be doing other treatments as well in the next few weeks. Councilor Borges made a motion to allow for public input. So voted. Opportunity for input by the general public. Haskell Kennedy, business address is 144 West Britannia Street, he wanted to respond because he was assured earlier in the year, that if anything changed with the retail situation and any additional HCA's came available, he would be first in line. In order to receive that HCA, they are ready, willing and able to have a chance to be able to open a retail location in Taunton. He never received a response from the Council regarding the first situation and not being able to successfully submit his application. It was taken under Council floor and on that night he was assured that if anything changed that he would be first in line. So, he just wants to make sure that is still the course of action. Meeting adjourned at 8:18 P.M. A true copy: Attest: JLL/KLD 9 CITY OF TAUNTON MUNICIPAL COUNCIL JULY 19, 2022 I I i ;.;~ ····) THE COMMITTEE ON FINANCE AND SALARIES ~ E -; N c:;;o PRESENT WERE: COUNCILOR PHILLIP DUARTE, CHAIRMAN AND COON~ORS°l1orrr~ (·/').< AND MCCAUL. ~ .I, U .dw...~.·.Gfl MEETING CALLED TO ORDER AT 5:33 P.M. - :~ w ~ ~ :~ 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 $2,870,689.53. SO VOTED. MOTION: MOVE APPROVAL OF THE PAYROLL WARRANT IN THE AMOUNT OF $1,453,128.49. SO VOTED. MOTION: MOVE APPROVAL OF THE INVOICE WARRANT IN THE AMOUNT OF $168,689.84. SO VOTED. MEETING ADJOURNED AT 5:35 P.M. R'es.pectfully submitted, CITY OF TAUNTON ~' . JUL 19 2022 Maggie E. Clarke Clerk of Council Committees IN MUNICIPAL COUNCIL REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. '/(~ CITYCLEh 10 CITY OF TAUNTON MUNICIPAL COUNCIL JULY 19, 2022 THE COMMITTEE ON YOUTH AND RECREATION ,..__, j <=::> ·~· ,__, --l PRESENT WERE: COUNCILOR BARRY SANDERS, CHAIRMAN AND C UNC~-OR @ART~_;:::;,i ALSO PRESENT WAS COMMISSIONER OF PARKS, C MFS£RIEsS& PU~~IE GROUNDS AJ MARSHALL : CT; N ~;~r111 -< ~ v1< MEETING CALLED TO ORDER AT 5:44 P.M. ;'2 j; "'O s;~ ~ w '? 1. MEET WITH COMMISSIONER OF PARKS, CEMETERIES & PUBLIC ffROUND~ DISTuss ACTIVITIES FOR YOUTH IN THE SUMMER Councilor Sanders indicated that there had been issues with unruly youth bikers which had prompted this evening's discussion. Commissioner Marshall brought with him and presented a preliminary list of recreation activities for youth in the City. Mr. Marshall stressed that his department works in partnership with many community organizations to provide a wide range of activities. His suggestion was to create a clearinghouse or other interface where interested parties could more easily access this information. His list included 10 youth sports leagues for ages 4-18. While many of these are organized by outside agencies, his department often acts as a partner by providing access to city facilities or other assistance. He referenced 14 summer camps for youth aged 4-16 with something for everyone. Mr. Marshall also indicated that Hopewell Pool hours had been extended and would be open Tuesdays and Thursdays until 7PM and for the next 5 Saturdays from 11AM - 4PM. Outdoor movie nights are also in the works with 3 nights planned for Hopewell Field and 2 "Flick and Float" nights in the pool. He also referenced a myriad of facilities available for youth including playgrounds and basketball courts, groups such as Cub Scouts and Girl Scouts, as well as many outdoor recreation opportunities such as hiking, fishing, and boating. Commissioner Marshall did indicate that, working with the police department, recent issues have subsided. Councilor Duarte suggested that utilizing public spaces is one way to deter negative activities. He also suggested that Mr. Marshall's department look into posting his list on the website and Mr. Marshall indicated that he would communicate with the Deputy Chief of Staff to determine the appropriate spots to post this. Councilor Sanders questioned the availability of resources for struggling families for fee based activities. Mr. Marshall indicated that most organizations do offer financial assistance but that families would need to reach out to the appropriate organization. He also said that for City sponsored activities, when a fee is charged, it is generally minimal. For example, for the pool, the fee is $2 and ages 10 and under are free. Scholarships are offered for Summer Festival. Councilor Sanders suggested that teens 11 PAGE TWO JULY 19, 2022 THE COMMITTEE ON YOUTH AND RECREATION-CONTINUED aged 14-18 might also consider employment and that might be added to the list as well. Councilor Dooner reiterated that the list should be posted on the website and asked if any outreach was planned. Commissioner Marshall indicated that certain outside agencies such as the Boys and Girls Clubs do outreach and marketing and that the Housing Authority and schools help with this effort. She asked if an outreach committee would be helpful and Mr. Marshall indicated that could only help and that perhaps a key stakeholder group could be pulled together. Councilor Sanders expressed his hope that the Youth Commission would be resurrected and should include up to 20 youth which could help in this effort. Councilor Borges questioned access for non-English speakers and suggested that the list be translated. Mr. Marshall indicated that his department generally translates communications into English, Spanish, and Portuguese. Councilor Borges also suggested that the Youth Commission should have members from each school. Councilor Mccaul asked if Mr. Marshall had successfully filled summer positions in his department. Mr. Marshall indicated that he is fully staffed and that he had great success with his recruitment strategies for lifeguards this year. Councilor Mccaul further suggested that Taunton Community Access is a resource for communication. Mr. Marshall indicated that social media is likely the best tool for communicating with youth. Councilor Pottier reiterated that the list should be accessible through the website with links to appropriate contact information. Councilor Coute and Mr. Marshall further discussed partnerships with outside community organizations. Councilor Coute suggested that a strategic outreach plan was needed and suggested that the Department of Parks, Cemeteries & Public Grounds might consider hiring a Community Outreach staff member. Mr. Marshall updated on improvements being made to parks and recreation facilities. Councilor Mccaul inquired and Commissioner Marshall updated on plans for up and coming park improvements. 12 PAGE THREE JULY 19, 2022 THE COMMITTEE ON YOUTH AND RECREATION - CONTINUED MEETING ADJOURNED AT 6:29 P.M. Respectfully submitted, CITY OF TAUNTON ~~U(Apk Maggie E. Clarke JUL 19 ZOZZ Clerk of Council Committees IN MUNICIPAL COUNCIL REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~£~ 13 CITY OF TAUNTON MUNICIPAL COUNCIL JULY 19, 2022 ,._, = ,__, THE COMMITTEE ON POLICE AND LICENSE I ~ ,.._, ~ =~~ PRESENT WERE: COUNCILOR BARRY SANDERS, VICE-CHAIRMAN AND.:.rOQ"f;JCILDR ~Pi BORGES. ALSO PRESENT WERE POLICE CHIEF EDWARD ~LSH.Q-ND '~~ BUILDING COMMISSIONER ROBERT PIROZZI j;: f! ~e:;; ~ ,_ c.n 22 ~ w MEETING CALLED TO ORDER AT 6:30 P.M. c.n 1. MEET WITH THE POLICE CHIEF AND DETECTIVE RUTHERFORD ON THE FOLLOWING MARIJUANA APPLICATIONS A. MASSMEDICUM CORP D/B/A GRAND CRU CANNABIS CO. FOR RENEWAL OF MARIJUANA RETAILER LICENSE, 300 REVOLUTIONARY DRIVE Councilor Sanders read an email from James T. Kurnick of MassMedicum Corp indicating that he was unable to attend this meeting and requested a continuance. MOTION: EMAIL TO BE PART OF THE RECORD. SO VOTED. Councilor Borges indicated that the applicant had plenty of opportunities to come before the committee. Further, there has been no progress made on site. She indicated that she would not be supporting this renewal. MOTION: DENY THE REQUEST FOR CONTINUANCE. SO VOTED. Detective Rutherford was unable to attend so had sent a communication to the committee that included two photos of the property, the second amendment to the Host Community Agreement as well as the Planning Board's decision. Attention was drawn to the language in the HCA requiring commencement of operations on or before May 1, 2022. MOTION: DOCUMENTS TO BE PART OF THE RECORD. SO VOTED. MOTION: LAW DEPARTMENT TO NOTIFY THE STATE OF THE FAILURE TO MEET THE REQUIREMENTS OF THE HCA. SO VOTED. Commissioner Pirozzi indicated that he had originally issued a foundation only permit in December of 2015 which was inspected in February of 2016. On 9/21/21, a building permit was issued but no building inspections have been completed to date. The structure appears to be weather-tight. A plumbing permit was issued in November and there was an inspection. The only electrical permit that issued 14 PAGE TWO JULY 19, 2022 THE COMMITTEE ON POLICE AND LICENSE- CONTINUED was for the temporary service in November. However, it now appears that the temporary service was disconnected and there seems to be no activity. Councilor Coute indicated that the original medical license was issued in 2014 and there has been no activity. Chief Walsh added that there are a limited number of licenses available. Councilor Sanders indicated that he understands it's a difficult market in which to operate. However, in addition to the lack of any measurable progress, there has also been a lack of attention to process. MOTION: APPROVE RENEWAL OF CANNABIS LICENSE. COUNCILORS SANDERS AND BORGES VOTED IN OPPOSITION. MOTION DOES NOT CARRY. MEETING ADJOURNED AT 6:47 P.M. Respectfully submitted, CITY OF TAUNTON JUL 19 2022 ~~ CfwiLe_ k Maggie Clarke IN MUNICIPAL COUNCIL Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. THE COUNCIL ADOPTED THE VOTE ON A ROLL CALL WITH EIGHT (8) COUNCILORS PRESENT, EIGHT (8) COUNCILORS VOTING IN FAVOR NOT TO APPROVE THE RENEWAL OF MASSMEDICUM CORP.-DBA- GRAND CRU CANNABIS' MARIJUANA RETAILER LICENSE. COUNCILOR POSTELL WAS ABSENT. -.......V:.UJt..'11-""in ....T- C~RK 15 CITY OF TAUNTON MUNICIPAL COUNCIL JULY 19, 2022 I ~ ~ ~~ \ ITT ~ z-\ p N :. -f11 ~T'i(:) :•itf1Q A THE COMMITTEE OF THE COUNCIL AS A WHOLE ~ ~ ~n < -< • lJ r.rl ~ :?: ~;· PRESENT WERE: COUNCIL PRESIDENT PHILLIP DUARTE AND COUNCILOiU; Ddt>NE~ ~ BORGES, MCCAUL, POTTIER, COUTE, SANDERS AND QlJ'JTAL. AL~ PRESENT WERE ATTORNEY WILLIAM ROUNDS AND FLAVIA HUNGARO OF LMCC, LLC, AND ED JOHN DESOUZA OF NORTH COUNTY GROUP. MEETING CALLED TO ORDER AT 6:49 P.M. 1. MEET TO DISCUSS RENEWAL OF HOST COMMUNITY AGREEMENT FOR LMCC, LCC, 83 COUNTY STREET- MARIJUANA RETAILER ESTABLISHMENT MOTION: TO EXTEND THE HOST COMMUNITY AGREEMENT TO LINE UP WITH THE DATE ON THE LICENSE. SO VOTED. 2. MEET FOR A PRE-REVIEW ON THE ISSUANCE OF A SPECIAL PERMIT FOR JU, LLC C/O JOSEPH PEIXOTO, 122 WINTER STREET TO ALLOW A MIXED USE DEVELOPMENT CONSISTING OF 36 RESIDENTIAL UNITS AND A 600 SQUARE FOOT COMMERCIAL UNIT AT 122 WINTER STREET, LOCATED IN THE HIGHWAY BUSINESS AND URBAN RESIDENTIAL DISTRICT Councilor Borges indicated that at the full hearing she will be looking for information on homeowners' association, amenities, access and egress for EMS, parking rates, green space, and bedrooms. Councilor Pottier is interested in renditions and in seeing the timeline. Councilor Coute will be looking for renderings of the site plan, information on affordable units, financial investment, and tax revenue potential. Councilor Sanders' concerns center on issues that will affect the neighbors and the neighborhood during and after construction. One particular concern is groundwater management. President Duarte expressed interest in any impacts from potential South Coast Rail full build. The hearing is scheduled for two weeks MEETING ADJOURNED AT 6:55 P.M. 16 PAGE TWO JULY 19, 2022 THE COMMITTEE OF THE COUNCIL AS A WHOLE - CONTINUED Respectfully submitted, CITY OF TAUNTON JUL 1 9 2.02.2. Maggie E. Clarke Clerk of Council Committees IN MUNICIPAL COUNCIL REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. . ~,,.,_,,, ~T""-c! c~

Agenda

MUNICIPAL COUNCIL AGENDA CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS 15 SUMMER STREET, TAUNTON, MA 02780 City Clerk's Office JULY 19, 2022-7:00 PM Notice of Posting INVOCATION Time: JO,'Oo/ fJm ROLL CALL RECORDS Date: '7 ·/5 · At>JJ JL 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: On the petition submitted by Edmund John Costa Jr., 46 Devon Street, Taunton, MA for the issuance of a Kennel License per City Ordinance Section 3-24 to allow: A Grade 1 (4-6 dogs) Kennel License for personal use/dogs, NOT BUSINESS USE, to be located at 46 Devon Street, Taunton, MA 02780. • Com. from Animal Control Officer - Submitting Positive Recommendation • Map of Location HEARING: On the petition submitted by Cathy J. Botts Deegan, 995 Glebe Street, Taunton, MA for the issuance of a Kennel License per City Ordinance Section 3-24 to allow: A Grade 1 (4-6 dogs) Kennel License for personal use/dogs, NOT BUSINESS USE, to be located at 995 Glebe Street, Taunton, MA 02780. • Com. from Animal Control Officer - Submitting Positive Recommendation • Map of Location COMMUNICATIONS FROM THE MAYOR • Taunton High School Championship Presentation • Community Update • COVID-19 Update APPOINTMENTS • Reappointment of Daniel Rapoza, 42 Davis Street, Taunton to serve on the Cable Television Advisory Commission for a term of five (5) years which will expire in December 2026 COMMUNICATIONS FROM CITY OFFICERS Pg. 1 Com. from Senator Marc R. Pacheco - Updating on Legislation Pg. 2-4 Com. from Senator Marc R. Pacheco - Updating on Legislation Pg. 5 Com. from Building Department - Notifying of a Retirement Buyout Pg. 6-9 Com. from City Solicitor - Authority of the Municipal Council Regarding Airport Commission Pg. 10 Com. from Safety Officer - Responding on Sherbome Street and Fairbanks A venue Intersection Pg. 11 Com. from Safety Officer - Responding on Kilmer Avenue Pg. 12 Com. from Chairman, Taunton Planning Board - Notifying of a Public Meeting Pg. 13 Com. from Chairman, Taunton Planning Board - Notifying of a Public Meeting and Hearing Pg. 14 Com. from Office Manager, Taunton Municipal Airport - Submitting Information Pg. 15-16 Com. from City Solicitor - Application of Terrasol To Go, LLC for a Host Community Agreement for a Marijuana Delivery Operator Business at 41 Taunton Green Pg. 17 Com. from Mayor O'Connell- Updating on Taunton High School Football Field Renovations COMMUNICATIONS FROM CITIZENS Pg. 18 Com. from Derek Heim, President & Chief Executive Officer, Boys & Girls Clubs of Metro South - Extending Gratitude PETITIONS Livery License - RENEWAL 1. Taunton Motorized Carriage Company, Inc. located at 295 Broadway, Taunton by Alexander Tucan (21 Vehicles, 2 Handicap) Hackney Carriage RENEWAL: 1. Taunton Cartage Co. LTD-DBA-Checker Cab located at 295 Broadway, Taunton by Alexander Tucan 2. Taunton Cartage Co. LTD-DBA- Cozy Cab located at 295 Broadway, Taunton by Alexander Tucan COMMITTEE REPORTS UNFINISHED BUSINESS - NONE ORDERS, ORDINANCES AND RESOLUTIONS - NONE NEW BUSINESS - NONE Respectfully submitted, ]{~ J nifer L. Leger Assistant City Clerk Animal Control Officer Kennel Inspection Report ACO Name Town of:_~~::s..11~~,.-.~~---,,- ACO Phone ($08) s~ -,;/,/5'0 Inspection Date:,_-#--.1..£-_.......,.,..__ J$ Kennel Type: Personal y Domestic Charitable __ Veterinary__ Current License#_ __ Commercial Breeder __ Commercial Boarding/Training__ Current# of Dogs _ __ Kennel Information · Kennel Name owner Name. Y'<'\ C\...' ! Sw o... \ ~ ~<il>lUQC/;~h': Cos/aAddress _J./_..,6_._]_)___ P~l1~e~..P.~..L..:!;....:-¥-1 N..___rST.....___ _ ~ eV---=O......... 77"/ C:b __ ...-., ......,.,_""""5"--""~.......,,...-- . . , . - - - - - - - - - - - - - P h o n e_ _.....,,...____,,........--===------ Kennel Veterinarian __ Veterinarian Address [Yh'JJ <./bo02 :7j: Usual Doctor """"J).....:...;[~---1;..l?;~n...,,Z':.....;);/!'=-'O ..........t _ Number of dogs over 6 months old on premises: ---3--~- Maximium number of dogs allowed:, _ _--.1,____ Notes _ _ _ _ _ _ _~--------------------------------1 Licensing Status: New Renewed _ _ Expired ___ Unlicensed _ _ Other _ _ _ _ __ If license was not renewed, why n o t ? - - - - - - - - - - - - - - - - - - - - - - - - - - - tio'u~in.C,l.conditions: Housing arrangements: In home with family yes In home, basement or other _ _ Crated? <?) N Tur A FO<( In outbuilding on premises In other housing __ If other, describe and explain: flour 5 Kennel runs? Y N Trolly or tether? v@ Fully fenced area? 0N Compliant w/ M.G. L. Ch 140 Sec 174E'?(Y).i Notes: ,. Dogs are housed in a humane manner: Yes ~o _ _ Conditional _ __ Kennel is adequately heated and cooled: Yes ~~o Conditional _ __ Kennel is maintained in a sanitry manner: Yes~_L.)Jc•o _ Conditional Kennel has· adequate lighting: _ _ _ _ _ _ _ ...-.--¥-es-·· o _ _ Conditional _ __ Kennel has adequate ventilation: Yes ~fio Conditional _ __ Dogs are able to stand, lie down, and turn around freely: Yes \;/No _ _ Conditional Dogs have access to clean, fresh water: Yes No Conditional Dogs have adequate exercise space: Yes _L N o = Conditional - - - Please explain any "No" or "Conditional" answers ------------------------ Approved _ _ Not approved _ _ Reinspect on or after Report received by 8 efore license approval can be given, the following conditions must be corrected as discussed during this visit: ---------- White Copy- Animal Control/ Yellow Copy- Town Clerk I Pink Copy ·Owner/Agent I~" C(\ ~ a ~ () -l ~ 0 ( i I ____/ . Animal Control Officer Kennel Inspection Report ACO Name Town of:._ _...,;:..,,,,.~11:&.L.l:;_L-::~;,.--,.,.. ACO Pho~e (,$08) Inspection Date:._ _+--"""---"'~"""'- Ken.nel Type: Personal __ Domestic Charitable __ Veterinary__ Current License#_ __ Commercial Breeder __ Commercial Boarding/Training__ Current# of Dogs _ __ Kennel Information Kennel Name _ _-..,........-__....,______ Address._________~------- P99ne .:s......:i.:L.L..L~..L.L.l.~'4U-..1'-.JI.. Address C/15 Gk be ,-S T PK"e!e-J.JU.-'--4-~L..I '--L..------.---1--..,......,.----------Phone_~--------=--- Veterinarian Address -..:i&....=:...:..:.....;.__.:::;...::;......i.....,_-"-...........- " " " ' " ' - " " - - - - - - Usual Doctor _b~...J,f _.S""'·e...,..<3..,_...C""'IA._.J'--- _ Number of dogs over 6 months old on premises: Maximium number of dogs allowed: __ t/-#---- Notes _ _ _ _ _ _~~--------------------------------1 Licensing Status: New Renewed _ _ Expired _ _ Unlicensed _ _ Other _ _ _ _ __ If license was not renewed, why n o t ? - - - - - - - - - - - - - - - - - - - - - - - - - - - Housing & Conditions: Housing arrangements: In home with family~ In home, basement or other _ _ Crated? v@ In outbuilding on premises In other housing __ If other, describe and explain: _ _ _ _ _ _ _ __ Kennel runs? v@ Trolly or tether? V tJ Fully fenced area?GJ N Compliant w/ M.G. Ch 140 Sec 174E. N L. 'l Notes:----------------------.--------------------1 Dogs are housed in a humane manner: Yes~ No _ _ Conditional _ __ Kennel is adequately heated and cooled: Yes V No Conditional Kennel is maintained in a sanitry manner: Yes ? N o = Conditional_ __ Kennel has·adequate lighting: Yes No _ _ Conditional _ __ Kennel has adequate ventilation: Conditional _ __ Yes~ No Dogs are able to stand, lie down, and turn around freely: Yes-t;7 No _ _ Conditional _ __ Dogs .have access to clean,. fresh water: Yes~No _ _ Conditional _ __ Dogs have adequate exercise space: Yes _.lL. No _ _ Conditional _ __ Please explain any "No" or "Conditional" answers _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Approved Not approved _ _ Reinspect on or after Report received by _ _ _ _ _ _ _ _ __ Before license approval can be given, the following conditions must be corrected as discussed during this visit: White Copy-Animal Control/ Yellow Copy- Town Clerk/ Pink Copy-Owner/Agent -+ ~ I - L T t--i-1] - ' I I l + I 1 I I '~ I -I~~,---+-+--~- ------+ I T j- + t J t --+-I I _1 I -~:- I I- I -~ I I T I --+ T T I I : ~ I 1_:'1- - - ---+--- -------+ T + I I I -+ -+- I -t-- 1 I --+- I 1-f-+-+I f T -t I lI :-+ t, 1-r I I I r I l~,-:~ I 11 I 1 :J 0 j - ~ <:>/ r if -T I T r __:;::- ~ t t r - r---' I -1 ,-- - - ~ ~ -l-- T I I -t t I -+- -~ I 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 14, 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 Rapoza of 42 Davis Street in Taunton to serve on the Cable Television Advisory Commission for a term of five years which will expire in December 2026. Mr. Rapoza has been a valued member of the Cable Television Advisory 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 , 'QJ::be <!?enernl Qfourt of tbe Qfommonb.lealtb of ;fflllassacbusetts ~tate J!)ouse, ~oston, ;fflll~ 02133-1053 July 7, 2022 Mayor Shauna 0 'Connell And Members of the Municipal Council 15 Summer Street Taunton, MA 02780 Dear Mayor O'Connell and Members of the Municipal Council: I am writing today to infonn you that the State legislature has given final approval to S2705, An Act authorizing the city of Taunton to contract for the renewal ofservices relative to the operation and maintenance of its wastewater treatment plant, sewers and pump stations, for a term not to exceed five years, and that the bill is now on the Governor's desk. As mentioned from the start, filing, and passing home rule petitions in the second year of a legislative session can be quite challenging. Leadership has its priorities and legislation successfully making it through the process tends to be legislation benefiting the Commonwealth as a whole, not just individual municipalities. I am very pleased that my legislative colleagues recognized the importance of this legislation and acted swiftly on moving the bill enabling the City to save tens of millions of dollars in additional costs. I am proud of the collaborative effort by our local delegation, led in the house on this effort by State Representative Carol Doherty and supported by State Representatives Pat Haddad and Norman Orrall, their efforts along with my colleagues in the Senate the bill to passage. Should you have any questions relative to this matter, please do not hesitate to contact my office. Sincerely, Senator Marc. R. Pacheco Dean of the Massachusetts State Senate 'Ql:be ~eneral QCourt of tbe QCommonwealtb of ;ffiasMcbusetts ~tate T!)ouse, Tfjoston, .:ffi~ 02133-1053 July 13, 2022 Mayor Shaunna O'Connell And Members of the Municipal Council 15 Summer Street Taunton, MA 02780 Dear Mayor O'Connell and Members of the Municipal Council: I am pleased to be writing today to inform you that the Governor has signed S2705, An Act authorizing the city of Taunton to contract for the renewal of services relative to the operation and maintenance of its wastewater treatment plant, sewers and pump stations, for a term not to exceed five years, attached please find a copy of the signed bill for your review. As mentioned in my communication of July 7, 2022, filing and passing home rule petitions in the second year of a legislative session can be quite challenging. Again, I am pleased that my legislative colleagues recognized the importance ofthis legislation and acted swiftly on moving the bill enabling the City to save tens of millions of dollars in additional costs. The collaborative effort by our local delegation along with the efforts of my colleagues in the Senate led to the successful passage of the bill. Sincerely, Senator Marc. R. Pacheco Dean of the Massachusetts State Senate s 2705 Chapter /OS of the Acts of 2022 T H E C 0 MM0 N WE A L T H 0 F MA S S A C H U S E T T S In the One Hundred and Ninety-Second General Court AN ACT AUTHORIZING THE CITY OF TAUNTON TO CONTRACT FOR THE RENEWAL OF SERVICES RELATIVE TO THE OPERATION AND MAINTENANCE OF ITS WASTEWATER TREATMENT PLANT, SEWERS AND PUMP STATIONS FOR A TERM NOT TO EXCEED 5 YEARS. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding any general or special law to the contrary, to address certain unforeseeable contingencies resulting from the COVID-19 pandemic, which have contributed to delays with ongoing construction and installation of critical, legally-mandated improvements to the city of Taunton wastewater treatment plant, sewers and pump stations as necessary to protect public health and the natural environment, and to ensure the successful completion of said improvements, the city may enter into 1 additional term of renewal not to exceed 5 years of any such contract that is presently in existence pursuant to chapter 362 of the acts of 1996 for the operation and maintenance, financing, design and construction of modifications and installation of new equipment and systems of the city's· wastewater treatment plant, sewers and pump stations. Such renewal or extension shall be in accordance with terms and conditions acceptable to the city at its sole discretion. ·upon the expiration of such term of renewal, any subsequent contract for the lease or sale, operation and maintenance, financing, design and construction of modifications and installation of new , equipment and systems necessary at the wastewater treatment plant, sewers and pump stations shall be procured pursuant to said chapter 362. SECTION 2. This act shall take effect upon its passage. House of Representatives, July 6 , 2022. Passed to be enacted, Speaker. s 2705 In Senate, July t , 2022. Passed to be enacted, , President. lL ' 2022. Approved, o'clock and }-.~inutes, 7 M. Governor. 2 CITY OF TAUNTON MASSACHUSETIS CITY HALL 141 OAK STREET RICHARD R. AMES TAUNTON, MA 02780-34'64 SUPERINTENDENT OF BUILDINGS DEPARTMENT OF PUBLIC BUILDINGS (508) 821-1-015 FAX (508) 821.;1019 Toz Rachael capella From: Maria F. Ventura Date: July 11 ~ 2022 RE: Joan Adamczyk' s Accrued Time Buyout 57•29 x The following is Joan Adamczyk's time on the books: 217·72 ·- 12.L~73• 18 * Vacation 57.29 days/ $12,471.12·1/' / Sick Buyout $13,000.00 9•50 x . I Personal 9.50 days $2,068.15 / 217•?0 = j / 2·068·15 * Longevity 201 days $2,286.78 O·C I $29,826.65 v 'TOTAL: 20 l • 11·38 x = 2·287·38 * REVIEWED 12.li.'71•72 + 1;:.000·00 + JUL 12 2022 ?·06[:)•15 + HUMAN RESOURCES 2·286•78 + DEPA~ 29·8:::'6•65 ~ 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 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 11, 2022 Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton , Massachusetts 02780 Re: Authority of the Municipal Council re: Airport Commission Dear Council President Duarte and Members of the Municipal Council: On July 5, 2022 the Council voted to receive a letter from the Law Department explaining what authority, if any, the City Council has over the Taunton Airport Commission. This question has been addressed in prior opinion letters by the Law Department. Enclosed for your reference are letter from City Solicitor Jason Buffington dated November 21 , 2018 and letter of David T. Gay dated June 16, 2021. The Law Department's position is set forth in the enclosed letters and it has not changed. Thank you. Respectfully, ~ ~ -(L Matthew J. Co~- Esquire City Solicitor MJC:tmg City of Taunton LAW DEPARTMENT 15 Summer Street Taunton, Massachusetts 02780 Phone (508) 821 - 1036 Facsimile (508) 821-1397 Shaunna O'Connell Matthew J. Costa, Esq. MAYOR FIRST ASST. CITY SOLICITOR David T. Gay, Esq. Mark S. Gould, Jr., Esq. CITY SOLICITOR SECOND ASST. CITY SOLICITOR Thomas P. Gay, Jr., Esq. SPECIAL ASST. CITY SOLICITOR June 16, 2021 Council President Christopher Coute Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton, Massachusetts 02780 Re: Authority of the Municipal Council re: Airport Commission Dear Council President Coute and Members of the Municipal Council: This office received a request concerning the following question: What authority, if any, does the Municipal Council have over the operations of the Taunton Municipal Airport/Airport Commission? This same question was referred to the Law Department in November of 2018. have attached an opinion letter from then City Solicitor Jason D. Buffington to the Council President at the time Gerald Croteau. Said letter answers this question directly and correctly in my opinion . Therefore, I concur with the previous City Solicitor's legal opinion. Respectfully, 0~~ 6-o David T. Gay, City Solicitor DTG:tmg Enclosure .. , ·1 D City of Taunton LAW DEPARTMENT 141 0 Street Taunton, Mauachusett 02780 Phone (SOB) 821- 1036 Facsimile (SOS) 821 -1397 Thomas C. Hoye, Jr. Jason D. Buffington MAYOR CITY SOLICITOR Darnel F. de Abreu FIRST ASST. CITY SOLICITOR Mark S. Gould, Jr. ASST. CITY SOLICITOR November 21, 2018 Honorable Gerald Croteau, President Members of the Municipal Council 141 Oak Street Taunton MA 02780 RE: Authority of Municipal Council re: Airport Commission Dear President Croteau and Members of the Municipal Council: The Municipal Council referred to the Law Department the issue of what authority, if any, the Municipal Council has over the Taunton Airport Commission. After researching the relevant statutes, I respectfully offer the following reply. The City of Taunton has establishE:ld a municipal airport pursuant to G.L c. 90, § 510 et seq. The General Laws of Massachusetts also provide that "in any city ... in which an airport is established ... there shall be established a board ... to be called the airport commission ... which shall have custody, care, and management of the municipal airport of said city...." G.L. c. 90, § 51E. Thus, once a city establishes an airport, there is a legal requirement that an airport commission must be established. Moreover, the law places the "custody, care, and management" of the airport in the airport commission, as opposed to the Municipal Council. It is important to note that there is nothing that would have prevented the Legislature from directing that a city's legislative branch have custody, care, and management of the airport, or that the legislative branch must ratify or approve an airport commission's decisions. However, the Legislature clearly did not do this. As a result, the clear dictate of the Legislature is that the airport commission, and not the Municipal Council, is in full charge of the airport, subject only to the general power of appropriation. .· The airport commission has numerous other powers. It has the sole authority to appoint an airport manager. G.L. c. 90, § 51E. It has the sole authority to lease, for a period not exceeding 20 years, any land areas under its control which are used for airport purposes, "under such terms and conditions as [the airport commission] may prescribe," for hangars, shops, and other purposes. G.L. c. 90, § SlF. It may take property by eminent domain for airport purposes. G.L. c. 90, § 51G. It may enter into contracts for airport purposes. G.L. c. 90, § 51/. All of these powers are granted to municipal airport commissions by the Legislature. None of these powers are subject to the approval of the Municipal Council, subject to the general power of appropriation. In addition, G.L. c. 901 §SlJ requires airport commissions to "adopt rules and regulations for the use of municipal airports or for the safety of the public...." kL. The Legislature has also determined that such rules and regulations are effective only upon the approval of the Massachusetts aeronautics commission. Id. These rules and regulations are subject only to the approval of the Massachusetts aeronautics commission, and not the Municipal Council or any other city board or officer. The Municipal Council does have a role to play in the appointment process of members of the airport commission. G.L. c. 90, §SlE provides that "members of the municipal airport commission shall be appointed, in cities, by the mayor with the approval of the city council." Id. Once appointed, members of airport commissions serve for three-year terms. Id. Thus, it is accurate to say that an airport commissioner cannot begin serving until receiving the affirmative votes of a majority of the Municipal Council. At the same time, once an airport commission has been established and seated, airport commissions may exercise their powers and duties without interference from the Municipal Council. I trust that this answers your inquiry. Thank you, as always, for allowing the Law Department to be of service to you and the residents of Taunton. Very truly yours, -'")~ L _ " / J on D. Bufflngt~ ~ The City of Taunton Police Department I SAFETY OFFICE 23 Summer Street CHIEF Taunton, Massachusetts 02780 SAFETY OFFICER EDWARD J. WALSH ARSENIO CHAVES Telephone: (508)821-1471, Ext. 3014 Facsimile: (508) 828-9315 www.achaves@tauntonpd.com Honorable Shaunna O'Connell, Mayor and Municipal Council City Hall 15 Summer St Taunton MA, 02780 7114/2022 I was asked by Councilor Quintal to investigate the possibility of placing a stop signs at the intersection of Sherbome Street and Fairbanks Ave. Councilor Quintal stated that Lucy Braga, a resident of that area requested the stop signs. Mrs. Braga stated that all the other four way intersections have stop signs in that area. I checked the area and did observe that all the four way intersections did have stop signs. At this time I am asking that an ordinance and two stop signs be placed on Sherbome Ave. at the intersection of Fairbanks Ave. Both stop signs should be placed on Sherbome Street. Thank You Respectfully Submitted Arsenio Chaves The City of Taunton I Police Department SAFETY OFFICE 23 Summer Street CHIEF SAFETY OFFICER Taunton, Massachusetts 02780 EDWARD J. WALSH ARSENIO CHAYES Telephone: (508)821-1471, Ext. 3014 Facsimile: (508) 828-9315 www.achaves@tauntonpd.com Honorable Shaunna O'Connell, Mayor and Municipal Council City Hall 15 Summer St Taunton MA, 02780 7/14/2022 There has been several motor vehicle crashes at the intersection of Oak St. at Kilmer Ave. In order to make that intersection safer and reduce motor vehicle crashes, I believe that a stop sign should be placed on Kilmer Ave. near the Fire Safety Building. Currently there is a stop line on the roadway and a red flashing light above the intersection. I am asking that an ordinance and one stop sign be placed on Kilmer Ave. at Oak Street near the Fire safety Building. Respectfully Submitted Arsenio Chaves TAUNTON PLANNING BOARD 141 Oak St. - Office Address 15 Summer St. - Mailing Address Taunton, Massachusetts 02780 Phone 508-821-1051Fax508 821-1043 Denise J Paiva. Secretary July 12, 2022 Honorable Shaunna L. 0' Connell, Mayor Members of the Municipal Council 15 Summer St. Taunton, Ma. 02780 C/O Jennifer Leger, Asst. City Clerk RE: Roadway Improvement Plan - Willis Pond Road Dear Mayor O'Connell and Members of the Municipal Council: The Taunton Planning is in receipt of a Roadway Improvement for Willis Pond Road - improvements consisting of20 foot pavement width for a length of 1,040 feet, submitted by Aspen Properties Development LLC. The Planning Board will hold a meeting on this proposal on Thursday, August 4, 2022 at 15 Summer St., City Hall, Taunton, Ma. Sincerely, C2/1vctti~'V11:J- (J!/t1/U CU-( 0 Anthony Abreau, Chairman TAUNTON PLANNING BOARD AA/djp TAUNTON PLANNING BOARD 141 Oak St. - Office Address 15 Summer St. - Mailing Address Taunton, Massachusetts 02780 Phone 508-821-1051Fax508 821-1043 Denise J Paiva, Secretary dpaiva@,taunton-rna.gov July 12, 2022 Honorable Shaunna L. O'Connell, Mayor Members of the Municipal Council 15 Summer St. Taunton, Ma. 02780 C/O Jennifer Leger, Asst. City Clerk RE: Special Permit/ Site Plan Review - 562 Winthrop St. Dear Mayor O'Connell and Members of the Municipal Council: The Taunton Planning is in receipt of a Special Permit/Site Plan to allow 17,360 sq. ft. of outdoor storage for portable restroom units & 3,900 sq. ft. equipment storage for a rental business portable restrooms in conjunction with the existing single family house on premises at 562 Winthrop St., submitted by Moose Pond LLC The DIRB will review this petition will be on Tuesday, August 2, 2022 at8:30 AM in the Taunton Planning Board Office, 141 Oak St., and then the Planning Board will review this on Thursday, August 4, 2022 at 15 Summer St., City Hall, Taunton, Ma. Sincerely, ~euwU0 ( rJf}1>) Anthony Abreau, Chairman TAUNTON PLANNING BOARD AA/djp l'I TAUNTON MUNICIPAL AIRPORT KING FIELD Westcoat Drive - P.O. Box 441 East Taunton, Massachusetts 02 718-0441 Phone: (508) 821-2973, Fax: (508) 821-3723 Office Manager of the Taunton Municipal Airport July 14, 2022 Dear Mayor O' Connell and Members of the Taunton City Council, I am writing to provide you with a summary in regards to Charles Wright who has appeared at City Council and at Airport Commission meetings several times to give public input. Mr. Wright has brought forward concerns dating back to November 2020 to the Taunton Municipal Airport Managers, Airport Commissioners and City Officials. The concerns brought forth relate to two issues: parking at the Airport and hangar development/construction. 1) The former Airport Manager addressed Mr. Wright regarding the parking of his personal vehicle at the Airport in violation of Airport rules, and addressed further infractions in regards to the parking of his aircraft and containers being stored by his hangar. While Mr. Wright may disagree with the rules in place at the Airport, he is bound by the terms of his rental agreement to follow all applicable rules, and the Airport is bound to enforce these rules as part of their duties to the Airport, to this City and to the regulatory agencies that oversee the operation of the Airport. 2) Mr. Wright has received correspondence from the Airport Managers and/or the Commission related to his questions about building a hangar. Mr. Wright was advised by the Airport on more than one occasion of the proper procedure to follow which includes presenting building plans and outlining scheduled work. The following information has been requested from Mr. Wright in regards to his hangar development project (as well as a rough outline of the work schedule): · Copy of the building plans · Copy of the FAA form 7460-1 (Notice of Proposed Construction) as well as the equivalent MassDOT form · Copy of the Taunton Building Permit To date, the Airport has not received any of these documents for review. Even though Mr. Wright has received responses to every communication he has submitted to the Airport Manager and Airport Commissioners, he continues to ask to discuss these issues during public input. Mr. Wright has availed himself of multiple opportunities to express his concerns; he is in no way being denied the right to be heard. While Mr. Wright's actions over the last couple of years have been argumentative and at times unpleasant, recently he has become increasingly disruptive, necessitating a police response on two separate occasions. Last month, Mr. Wright knowingly entered a construction zone at the Airport on three successive dates in violation of safety protocols and re- fused requests to leave. The Taunton Police Department had to be called in and subsequently a "No Trespass" order was issued bythe City of Taunton to ensure the integrity of the construction zone and for the protection of the construction workers and Airport personnel. I hope you will find this information to be helpful as it is important that you are aware of the many factual misstatements and misrepresentations being made regarding the above-referenced matters. Please let me know if! can be of further assistance. Sondra LaPlante Taunton Municipal Airport Office Manager 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 HRST 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 14, 2022 Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton, Massachusetts 02780 Re: Application of Terrasol To Go, LLC for a Host Community Agreement for a marijuana delivery operator business at 41 Taunton Green Dear Council President Duarte and Members of the Municipal Council: The above referenced matter was referred to the Law Department by vote of the Council on July 12, 2022. 41 Taunton Green is in a Central Business District under the City of Taunton Zoning Ordinance. Marijuana establishments are prohibited in the Central Business District. In order to be located at 41 Taunton Green, a use variance from the Zoning Board of Appeals would be required for this proposed use. Because the use is prohibited at this site, the Law Department's recommendation is to decline the Host Community Agreement request until and unless the applicant first obtains a use variance. There is a strict legal standard for the issuance of use variances, and it will be within the Zoning Board of Appeals purview to determine whether said standard has been met. In our opinion the application for the use variance should first be made, and if granted, the Municipal Council may then consider the request for a Host Community Agreement at this location. For the above reasons, the Law Department recommends declining this request for a Host Community Agreement until such time as the applicant documents to the Page 2 July 14, 2022 Council President Phillip Duarte Members of the Municipal Council Re: Application of Terrasol To Go, LLC for a Host Community Agreement for a marijuana delivery operator business at 41 Taunton Green Municipal Council that it is has obtained a zoning use variance as necessary for the proposed business to be legally allowed at this location. Thank you for the opportunity to provide this legal advice. Respectfully submitted, ~ MJC:tmg City of Taunton OFFICE OF THE MAYOR 11. 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 15, 2022 Council President Phillip Duarte Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Council President Duarte and Members of the Taunton Municipal Council, I am writing to provide an update on the current renovations underway at the Taunton High School football field. The THS field turf had a life/use expectancy of 8-10 years and we are thankful that THS got 14 years of use out of it. It was due to be replaced. Currently being installed is a new turf (with concussion pad per code), a new track and a new multimedia scoreboard. The total cost of these upgrades is $2.3 million which is being funded out of the School Department's revolving account. These much-needed improvements are being provided with no cost to our taxpayers. Although there is no exact date set yet, it is anticipated that the new turf and track will be ready by opening day of fall sports. The new scoreboard will take slightly longer as there are parts needed that are not yet available. As you know, we have an impressive group of student athletes in Taunton and we are thrilled to be able to provide them and our community with these improvements at Taunton High School. Thank you to Superintendent John Cabral for his dedicated efforts to improve our schools and his expert leadership of our school community and to our School Committee for their ongoing support. Respectfully submitted, Mayor Shaunna O'Connell 18' BOYS & GIRLS CLUBS OF METRO SOUTH July 8, 2022 Mayor O' Connell City of Taunton 15 Summer Street Taunton, MA 02780 Dear Mayor O'Connell, On behalf of the nearly 2,500 promise-filled youth served by Boys & Girls Clubs of Metro South each year through our before and after-school, weekend, and summer programs, thank you for your support! City ofTaunton's incredibly generous grant of$175,000.00 was received on 7/5/2022 and will make a profound impact upon our ability to provide a Youth Resource Navigator in our Taunton Clubhouse through the Taunton Youth Mental Health Collaborative for August 2022 August 2023 . Boys & Girls Clubs of Metro South is guided by our vision to ensure the greatest possible impact of our programs on the long-term positive trajectories of our members' lives. We hold an intrinsic belief that every child deserves an equal chance to pursue the American Dream, to have a genuine opportunity to realize their full potential - to achieve a great future. Families in the Metro South region too often face the difficult task of having to cut 'extras' from their budget, which can include after-school programs, summer camps, and other enrichment activities for their children. This is where we come in! Our Clubs, camps, and community-based extension sites provide affordable, accessible, safe places where kids grow and develop into the leaders of tomorrow. Every day, hundreds of boys and girls come through our doors - learning new skills, finding hope and opportunity, and most importantly caring mentors to support them every step of the way. We are so proud of the impact our Clubs have made and will continue to make in the lives of our members and their families, thanks in no small part to your support! Thank you again for your critical investment in Boys & Girls Clubs of Metro South and for your partnership in helping to ensure that "GREAT FUTURES START HERE!" Please contact me directly at 508-812-3119xl15 or at dheim@bgcmetrosouth.org with any questions. Sincerely, Derek W. Heim President & Chief Executive Officer Boys & Girls Clubs of Metro South Boys & Girls Clubs of Metro South is a 501 (c)(3) nonprofit organization and y our generous support of our mission is tax-deductible to the fa ll extent allowable by law. No goods or services were provided in exchange f or your financial support. Please retain this receipt for your tax records. Our Tax JD is: 22-2963214. www.bgcmetrosouth.org !--' = ,......., \ --1 );•· c:: r--J c__ c:: r- ~- ' ~ ~::j : P1 ;.-o JULY 19, 2022 \C-) :;t .-j c..n .. ' \'Tl -,;: :-... ,_, <.:..· ::;r:. . :,;:;< HONORABLE SHAUNNA L. O'CONNELL, MAYOR -<. )> _) n :t -r10 J;o> 4 COUNCIL PRESIDENT PHILLIPE. DUARTE r 9. ~ 0 0 f "!'1 AND MEMBERS OF THE MUNICIPAL COUNCIL ~ N PLEASE NOTE: THE FOLLOWING COMMITTEE MEETINGS HAVE BEEN SCHEDULED FOR TUESDAY, JULY 19, 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 PLEASE NOTE: A uMEETING" 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 YOUTH AND RECREATION 1. MEET WITH COMMISSIONER OF PARKS, CEMETERIES & PUBLIC GROUNDS TO DISCUSS ACTIVITIES FOR YOUTH IN THE SUMMER PLEASE NOTE: A uMEETING" 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 AND DETECTIVE RUTHERFORD ON THE FOLLOWING MARIJUANA APPLICATIONS A. MASSMEDICUM CORP D/B/A GRAND CRU CANNABIS CO. FOR RENEWAL OF MARIJUANA RETAILER LICENSE, 300 REVOLUTIONARY DRIVE PLEASE NOTE: A uMEETING" 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 RENEWAL OF HOST COMMUNITY AGREEMENT FOR LMCC, LCC, 83 COUNTY STREET- MARIJUANA RETAILER ESTABLISHMENT 2. MEET FOR A PRE-REVIEW ON THE ISSUANCE OF A SPECIAL PERMIT FOR JU, LLC C/O JOSEPH PEIXOTO, 122 WINTER STREET TO ALLOW A MIXED USE DEVELOPMENT CONSISTING OF 36 RESIDENTIAL UNITS AND A 600 SQUARE FOOT COMMERCIAL UNIT AT 122 WINTER STREET, LOCATED IN THE HIGHWAY BUSINESS AND URBAN RESIDENTIAL DISTRICT PLEASE NOTE: A "MEETING 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 Respectfully, ' .~lhuv Colleen M. Ellis Clerk of Council Committees

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