City Council
Regular MeetingTaunton, MA · August 30, 2022
Minutes
City of<Taunton
9'1.unicipaCCouncil:Meeting :Minutes
City 1faCC, 15 Summer Street, <Taunton, ~
:Minutes, }fugust 30, 2022 at 7:43 O'cfoc~CP.:M..
~gufar Meeting
Mayor Shaunna£. 0 'Conne{(presiding
<Prayer was offerea 6y tli.e Mayor
)f moment of silence was offereafor tli.e passing of [pau{ Monti, a proucC qoCtf Star
fattier of Metfa{ of Jfonor recipient VS. )frmy, Sgt. Pirst CCass Jarea Monti wlio was
Rj{(ec{ in action in 2006 wliife serving witli tli.e 1Otli Mountain (])ivision in
)fjghanistan. [pau{ Monti spent liis Cife lionoring liis son Jarea ancCfouna Operation
P{ags for 'Vets wliicli was a successful effort to change tli.e Law to aD:ow flags at tli.e
grave siglits of'Veterans at tlie :Nationa{Cemetery in <Bourne. <tlieir tliouglit ancCprayers
remain witli tlie Montifami{y at tliis time.
<Present at ro{( ca{(were: Councifor (J)ooner, (J)uarte, <Borges, McCau~
<Pottier, SancCers, Q!linta{ancC(poste{(
Councifor Coute was 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 Communications
from the Mayor. So voted.
Communications from the Mayor:
Mayor 0' Connell said they have a special presentation this evening. She asked the Corr
family to join her at the podium. Mayor O'Connell said tonight they have the privilege
and the honor of remembering the extraordinary life of Peter Corr. If you knew Peter
Corr, which most people do, you know he spent his lifetime in service to his Country and
his community. Peter's family wanted to do something special for their dad in his
memory so they organized Peter Corr Day. Peter Corr Jr. spoke about this day. Sherry
Costa-Hanlon contacted him after his father passed last year and mentioned to him that
she wanted to do something special for his father. They decided that since his birthday is
September 3rct, and his father was very fond of being on the School Committee working
with the children and had a love for ice cream, they would do an Ice Cream Social for the
children. When the children go back to school they will be handed a card that gives them
the opportunity to go to Kev's Ice Cream or Tom & Jimmy's Ice Cream, which both
graciously donated ice creams for the children. They went out and got sponsors who
donated money to pay for the ice cream. Kev's Ice Cream is donating all the ice cream for
all of the elementary students at East Taunton Elementary and the kids out in East
Taunton. Mr. Corr thanked the Mayor and the Council for doing this and honoring his
father. He thanked Sherry Costa-Hanlon for the Committee she put together to go out and
raise the money and take time to do this to honor his father. He is very proud and very
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honored that this being done for his father. He thanked everybody. He introduced his
family who was present at the podium. The coupons are going to be delivered to the
Leddy Preschool and all the elementary schools in Taunton. The kids have form
September 3rd to September 10th to bring the coupon to either Kev's or Tom & Jimmy's
Ice Cream shops. They will receive a free ice cream cone. Mayor O'Connell presented
the family a proclamation claiming Peter Corr Day as September 3rd, 2022 in the City of
Taunton. She took a moment to read the proclamation. Senator Pacheco and State
Representative Doherty presented a citation and a resolution to Peter Corr's family.
Motion was made to take a two-minute recess. So voted. Motion was made to come
out of recess. So voted.
Mayor O'Connell said there are a lot of local groups and businesses that are helping to
support Peter Corr Day. They thanked Sherry Costa-Hanlon for helping to organize the
family of Peter Corr, Tom & Jimmy's Ice Cream, Kev's Ice Cream, TSG Group DD,
Taunton Democratic City Committee, Taunton Municipal Lighting Plant, Taunton
Kiwanis Club, Taunton Education Association, Taunton Police Patrol Officers Union,
Taunton Police Supervisors' Union and Lima's Tae Kwon-Do. Mayor O'Connell thanked
everyone for a great Summer Celebration Night on Sunday. It was a fantastic night and
everyone had such a good time. Many thanks to the Park & Recreation Department, the
Summer Celebration Committee, the Fire Department, the Police Department, the Park &
Recreation Commissioners, so many staff members from here in the City to help
volunteer and many organizations. The Taunton Opiate Task Force is holding an
International Overdose Ceremony on Wednesday, August 31 8\ from 5 :00 p.m. to 7 :00
p.m. at Liberty and Union Park. It's really a meaningful ceremony and very educational.
There will also be support services there. She encourages all of you to join them. As a
reminder, early voting continues this week. This will be this Wednesday & Thursday
from 8:00 a.m. to 4:00 p.m. Friday, September 2nd from 8:00 a.m. to 12:00 p.m. Election
Day is September 6th at your regular poling location. If you have any questions you can
call the Elections Department at #508-821-1044. Our 9/11 tribute will be on Sunday,
September 11th at the War Memorial Park. The service will begin at 11 :00 a.m. so they
suggest to get there a little early. They do expect a pretty large crowd. They will have
special guest, Sgt. Daniel Clark, the singing trooper who was with us last year and made
it a special ceremony. The entire public is invited.
A moment of silence was offered for the passing of Donald Paquette who was a 30-year
employee in the Building Department here in the City of Taunton. He served proudly for
many years.
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:
Upon the petition of Robert Bastis, 2440 Maple Swamp Rd., North Dighton, MA 02764
for the issuance of a Special Permit to allow: An 11-unit group home with incidental 150
sq. ft. office at 38 Winthrop Street located in the Office District. Motion was made to
open the public hearing and invite the interested parties into the enclosure. So voted.
Com. from the City Planner submitting comments with a copy of the ZBA Case #3671.
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Com. from the Water Superintendent submitting comments. Com. from the Conservation
Agent submitting comments. Motion was made to make all communications a part of
the record. So voted. Owner Robert Bastis, Jr. of 38 Winthrop Street, John DeSousa
from Northcounty Group, Ellen Bruder-Moore Abramowitz, Vice President at
Community Counseling of Bristol County, Inc. and State Representative Carol Doherty
who was invited by her colleagues in Housing as it is her role as State Representative to
help support such projects all introduced themselves. Mr. DeSousa said they have
received the Planning Board approval for the conversion of the previous church and a
one-family unit that resided up on the second floor and two eleven units with an office
space on the walkout basement on the backside. The parking, they received relief from
the Zoning Board of Appeals to allow for the one space that is basically required for the
office use on the property. The Conservation Commission has approved the project as
well since they are going to be looking to clean up the back of the yard and will be
maintaining what was previously utilized as a yard area and also to control some of the
vegetative overgrowth that is out there. They are proposing a total of 11-units on the
property. The first floor has 5-units. His explanation of the layout continued. On the
second floor front portion of the building, there will be 4-units. Units 10 & 11 will have
its own hallway and staircase. He showed before and after images of the location. This
zone is in the Office Zone. There was a misconception that it was in the downtown,
which it is not. Ms. Bruder-Moore Abramowitz gave some details on the mission to end
homelessness. In this case, this is to support individuals. She also gave some details of
the management for this property. Mayor O'Connell asked if it's a single room with
shared facilities. Ms. Bruder-Moore Abramowitz stated everyone has their own bathroom
and their own kitchen. They all have their own space, it's like tiny homes. Mayor
O'Connell asked if they rent it themselves. Representative Doherty said some time ago
when 15 Winthrop Street was opened, she had an opportunity to visit the location when
people were just starting to move in and she thinks the satisfaction on the faces of the
tenants there that she met were without comparison. She had the opportunity today to
visit 38 Winthrop Street and not only does it beatify that area in both instances but as
Ellen pointed out, it really provides an opportunity for these folks. She said she is there to
support this anyway she can. Councilor Pottier recognized Captain Bastis for the fine
work he has been doing. His explanation continued. Councilor McCaul said to Captain
Bastis that he is excited to see this being worked on. His explanation continued.
Councilor McCaul asked what the size of these units are. Mr. DeSousa said they actually
range from the smallest unit at 153 sq. ft. to 238 sq. ft. Councilor McCaul asked ifthere
will be a person that is security or a manager on-site. Ms. Bruder-Moore Abramowitz said
no there is not someone at 15 Winthrop Street 24/7 and there will be nobody here 24/7.
The folks who live there, are individual tenants just like any other building. She has to
say they watch out for each other and they have their phone numbers if needed. If
anything comes up, Angie Clark is in charge of the building with about 15-staffthat work
at their supportive housing. Her explanation continued. Councilor McCaul explained the
Matthew Mission was something that was very close to his heart and this is great to see.
Councilor Borges thanked Representative Doherty for her leadership and Ellen, Angie,
Janet and Andy from CCBC. A special thank you to Captain Bastis in his investment in
trying to end homelessness. The project on 15 Winthrop Street is an incredible project.
She has been involved with this type of thing for so many years and she is just delighted
to see another project like this that is going to take people who need this type of housing
of the streets. Councilor Dooner thanked all of them for being there. She thinks this
project is phenomenal. The transformation is amazing. Councilor Dooner asked if
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anybody can apply to be in one of these, is it open for everyone. Ms. Bruder-Moore
Abramowitz said the way it works is that they have coordinated entry. The way HUD
works, is a person who gets a subsidy from HUD, has to meet certain criteria. Her
explanation continued. Ms. Bruder-Moore Abramowitz added they also did the cold
weather shelter this year with the support of the City and they couldn't have done it
without the City's support and Our Daily Bread resource center. Councilor Postell
thanked them all for being there. He said to Mr. Bastis that they applaud him on the
previous project and his efforts. Councilor Postell asked what type of lease program are
the tenants on. Ms. Bruder-Moore Abramowitz said each person signs a joint lease with
Captain Bastis and the individual. CCBC is the on the lease. So they pay the rent but the
individuals name is on their too so they have rights. The lease is like any other lease that
you'll see but they have an agreement. For this they have a 15-year agreement with
Captain Bastis to keep this as housing for this type of population. Her explanation
continued. Councilor Postell asked how their organization helps them become better
tenants. She explained how they help with this. Councilor Sanders said he appreciates all
the work that they are doing and expressed how they would have his support. Councilor
Sanders asked if he saw heat pumps on the side of the building. Mr. Bastis said yes you
did. Councilor Sanders expressed how the heat pumps are a great idea. Councilor Duarte
said he did have the opportunity to work closely with CCBC and GBCATCH when he
worked with Red Doherty and visited 15 Winthrop Street. It certainly is a model that
works and is serving a much needed population in the community. So he will be
supporting the project and thanked them for their work. Councilor Borges asked if they
all were okay with all the recommendations given by all the Boards. They replied yes.
Mayor O'Connell said it looks like everyone is grateful for them providing solutions to a
problem that is in every community. They are very glad to work with their community
partners to provide funding for temporary and emergency shelter but to have long term
permanent shelter or housing to help people become self-sufficient and get to the place
that they need to be, is essential. Motion was made to open public input. So voted.
Nobody was present to speak at public input. Motion was made to close public input
and grant the Special Permit with the Councils thanks. So voted.
Appointments:
Appointment of four (4) permanent full-time Firefighters:
• Matthew P. Daly
• Jonathan Dumont
•Gage Hull
• William H. Walsh
The City Clerk read the four names into the record. Motion was made to approve the
list as read on a roll call vote. So voted. Councilor Pottier said we typically bring them
in to be sworn in at the same time as the appointment but the Fire Chief felt it would be
best if we do it this way. They will go to the Academy on Tuesday, September 6th and
then bring them back to be sworn in after they graduate. That's why they are not present
this evening. On a roll call vote, eight (8) Councilors were present, eight (8)
Councilors voted in favor. Councilor Coute was absent. So voted. Motion passed.
Councilor McCaul said we have four applicants on the list they just voted on, to be a part
of the Safer Grant, they need to have five to maintain this grant. He asked that they make
a motion to open the process again for the next list of applicants for the Fire Department.
Mayor O'Connell asked if the Fire Chief requested this. Councilor McCaul said yes, he
did speak to him. Motion was made to refer to the Committee on Fire & Wires to
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open the process again for the next list of applicants for the Fire Department. So
voted. On discussion, Councilor Pottier said he doesn't dispute what Councilor McCaul
said but he hasn't heard this from the Fire Chief specifically. Councilor McCaul said for a
point of information, under the Safer Act, when he was the Fires & Wires Chairperson,
they had to make sure they maintained the level were supposed to be at. Since we only
hired four, he knows there was originally five but one withdrew, so the bottom line is that
we are still missing one. He wants to open the list so they can have the next group come
in so they can interview them.
Communications from City Officers:
Com. from the Board of Assessors requesting to schedule a Classification Hearing to
determine the percentage of the Local Tax Levy to be borne by each class of real and
personal property. They originally requesting the date to be Tuesday, September 6, 2022
at 7:00 p.m. but asked for it to be postponed until Tuesday, September 20, 2022. Motion
was made to refer to the City Clerk for scheduling. So voted.
Com. from the Tax Possession Custodian requesting for approval to hold public auctions
for the following tax possession properties: Parcel 66-457 (15 Harrison Ave.) 0.39 acre
lot, Parcel 130-20 (Kingman St.) 6.25 acres and Parcel 46-196 (5 Chester Court) 2-
Family home on 0.17 acre lot. Also, requesting approval to dispose of the following
properties through the Abutter's Lot Program: Parcel 77-516 (Dale St.) 0.12 acre lot,
Parcel 105-25 (Somerset Ave.) 0.42 acre lot, Parcel 31-396 (Montclair Ave.) 0.19 acre lot,
Parcel 92-248 (Berkley St.) 0.07 acre lot and Parcel 44-110 (355 Norton Ave.) 0.56 acre
lot. Motion was made to refer to the Committee on Public Property. So voted.
Com. from the City Solicitor in regards to their legal opinion concerning change in the
Council Appointment Process for the City Clerk Position that was voted on July 5, 2022
as requested by the Council. In advance of the vacancy in the City Clerk's position, the
Council voted to adopt an appointment process for positions that are Council
appointments. Said process was initiated as to the City Clerk position. The process
includes a Hiring Committee which serves the function of narrowing the applicant pool to
at least two applicants for consideration by the Council. On July 5, 2022 the Committee
of the Council as a Whole met concerning an agenda item listed as "meet to discuss
Municipal Council Hiring Process as it relates to the City Clerk Position". The outcome
of July 5, 2022 meeting was the following motion carried: "Any applicant that is in that
department or particularly an applicant who is the second in command in said
department, not just for this position, be automatically put before the Council as a
courtesy and also to show that people in City Hall at least have the opportunity to be
considered by their hiring authority for those roles". The motion that was voted on July 5,
2022 resulted in the Council considering Jennifer Leger as an applicant from the
department who applied for the position, in addition to other applicants recommended by
the Hiring Committee. The question presented is whether the Council vote on July 5,
2022, which effectively modified the appointment procedure previously adopted by the
Council, constitutes a "suspension" of a Council Rule or Order requiring a 2/3 vote
pursuant to Council Rule A501-16. The vote on July 5, 2022 was not a vote to suspend.
Suspension of rules occurs when a deliberative body does not follow a rule procedure that
has applicant to the meeting that is in progress. Suspension of rules allows the body to
take action despite a procedural rule that ordinarily would govern the meeting that is in
progress. The vote on July 5, 2022 does not have that character and does not constitute a
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suspension of a Council Rule of Order. His explanation continued. For the explained
reasons, the vote on July 5, 2022 was a valid amendment of the Council's previously
adopted procedure for Council appointments and as such did not require a 2/3 vote under
the Council Rules. Motion was made to receive and place on file with the Councils
thanks to the City Solicitor for his opinion. So voted.
Communications from Citizens:
Com. from Virginia Richardson of 193 Tremont St. #99, Taunton and her sister in regards
to a donation of land for the parcel of land on Glebe Street. It's approximately 1.350 acres
and is recognized by the Assessors as Parcel ID 73-123. It's a land-locked piece of
property. They have no interest in owning or selling it. Motion was made to refer to the
Law Department and the Committee on Public property. So voted.
Petitions:
Livery License - NEW
1. White Gloves Limousine Service by Silvino Dos Santos Varela to be located at 30
Highland St. Apt. 4C, Taunton (1 Limo). Motion was made to refer to the Committee
on Police and License and the Police Chief. So voted.
Hours of Operation - RENEWAL
1. Speedway LLC -dba- Speedway #2432 located at 943 County St., Taunton. Motion
was made to refer to the Committee on Police and License and the Police Chief. So
voted.
Old Gold, Second Hand Article and Pawn Broker Licenses - NEW
1. Fall River Financial MA, LLC -dba- Fall River Pawn Brokers located at 48 Taunton
Green, Taunton. Motion was made to refer to the Committee on Police and License
and the Police Chief. So voted.
Claim
Claim submitted by Antonio Chitas, 225 Erin Rd., East Taunton seeking reimbursement
for damages to his automobile due to hitting a pothole at the beginning of Erin Road.
(Already referred to the Law Department and DPW)
Committee Reports:
Motion was made for Committee reports to be read by title and approved. So
Voted. Recommendations adopted to reflect the votes as recorded in committee
reports. So Voted.
Unfinished Business:
NONE
Orders, Ordinances and Resolutions:
Order for a first reading to be passed to a second reading
Ordered That,
The City of Taunton appropriates the sum of $4,800,000 for the purpose of paying
costs associated with the following major projects to be undertaken by the Taunton
Municipal Lighting Plant Commission:
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Project 1195 Gas Turbine Controls Upgrade $1,500,000
Project 1198 Substation #18 Upgrade $1,600,000
Project XXX ERP Implementation Phase 2 $1,700,000
including the payment of all costs incidental or related thereto; and to meet this
appropriation, the Treasurer-Collector, with the approval of the Mayor, is authorized to
borrow said amount under G.L. c. 44, §8(8) or any other enabling authority; provided that
the amount to be borrowed shall be reduced by the amount of any grants, reimbursements
and/or any other funds available to pay costs of the forgoing projects received by the City
prior to the issuance of such bonds or notes. The Mayor is authorized to take any other
action necessary or convenient to carry out this Project. Motion was made to be moved
to a second reading. So voted.
New Business:
Councilor McCaul said over the weekend he received a phone call from a constituent that
had his well dry up and there is no way he can fix that well. Councilor McCaul reached
out to Tony Abreau, the Commissioner from the DPW and Michael Arruda from the
Water Department to see how they can help this person out. What they did was go check
out the area and found out that the only way they can help this person out since it's an
emergency situation (the Health Department also sees this as a health issue), is take a
vote this evening to open the road. Motion was made to take a vote to open the road so
this person can get water into his home. So voted. Mayor O'Connell said she did speak
with Mr. Arruda on this earlier in the evening and he did say this was the only option they
had. He does agree that he would like the Council to vote to give them permission to
open the road and do a tie-in at this location. Councilor Borges added to the motion
that because we are under a 5-year moratorium which this is the reason why this
vote is being taken this evening. Councilor McCaul added to the motion that the
location is at 723 Richmond Street. Councilor Pottier referred this to the City Solicitor
as to his opinion as far as to what they need to do to get this done. The City Solicitor
stated, under the Open Meeting Law, for matters to be discussed at the meeting, they have
to be posted 48-hours in advance of the meeting unless the situation constitutes an
emergency. The standard for that is something that couldn't have been reasonably
foreseen far enough in advance to be added to the agenda. From the circumstances, this
sounds like it arose today and it's basically an emergency that this property is dealing
with. Unless there is a motion by the Council to defer this, which would be totally
reasonable because it's not on the agenda, he would agree with the position. As far as the
posting requirements go, because the agenda closed Friday, this apparently took place
over the weekend and up until today after the agenda was already posted, for these
purposes, it would be an emergency that the Council could deliberate on tonight.
Councilor Pottier asked if the maker of the motion could add that the DPW can also
reach out to any other residences in the area only because if one well is challenged
perhaps some other wells are in the area. Councilor Postell said he would support this
motion. Councilor Postell asked to add to the motion to have the Board of Health
and the DPW send a communication sighting that this is in fact a public health
emergency or a public health matter so they can have this on file to cover this
discussion. Mayor O'Connell said as the Chair, she does deem this as an unseen
circumstance and they may deliberate and vote on the matter. Councilor Pottier asked to
do this vote on a roll vote. On a roll call vote, eight (8) Councilors were present, eight
(8) Councilors voted in favor. Councilor Coute was absent. So voted. Motion passed.
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Councilor Pottier made a motion to call for a list for Lieutenant and Captain Exams
as requested by the Fire Chief. So voted.
Councilor Pottier said a resident contacted him this evening saying that Bassett Street,
which is off of Bay Street, which is a now a public cut through particularly because of
Fore Kicks, there is increasing trash truck traffic. He believes their not necessarily
supposed to be going that route to the center and also that speeding is an issue. Motion
was made to refer the trash truck traffic to the DPW and the speeding issue to the
Safety Officer. So voted.
Councilor Pottier made a motion that the Council express their appreciation to the
Chief of Staff, Ed Correira who is moving on for his service to not just the
Administration, but to the Community. So voted. Mayor O'Connell said they are
happy for Ed but he will definitely be missed. He has done a lot in the past 3-years and
stayed longer than he probably planned on. They are very grateful for that.
Councilor Borges said on March 29th the Council of the Whole met to vote on a
Legislative Act on a Home Rule petition for increasing the age on Police Officers and
they haven't yet received an update. Motion was made to receive an update and invite
the Police Chief to the Committee on Police and License to give them an update on
where that Home Rule Petition stands at this point. So voted.
Councilor Borges made a motion to refer to the Committee on Public Property a
discussion on the new Public Safety Building and invite the Mayor, the CFO and
both Chiefs once the City has hired a Project Manager. So voted.
Councilor Borges made a motion to refer to the Committee on Solid Waste a
discussion on trash and recycling contracts and trash bag sales. So voted.
Councilor Borges made a motion to invite the CFO and the Budget Director back to
have a presentation in the Finance & Salaries Committee on the debt exclusion and
options on the Bristol Plymouth High School Project. So voted.
Councilor Duarte made a motion to refer to the Committee of the Council as a
Whole to have a discussion on the Municipal Council hiring Standard Operating
Procedure. So voted.
Meeting adjourned at 9:05 P.M.
A true copy:
JLL/KLD
Attest:
Jerk~¥
9
CITY OF TAUNTON
MUNICIPAL COUNCIL
~ :'~
AUGUST 30, 2022
THE COMMITTEE ON POLICE AND LICENSE \\
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THE MEETING WAS HELD AT TAUNTON CITY HALL, 15 SUMMER STREET, TAU~ON1 ,MA,ro2780·; <
IN THE CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS. -< :- }> :;~S
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PRESENT WERE: COUNCILOR JEFFREY POSTELL, CHAIRMAN AND COUNCl!l?RS SAN~S ,,..
AND BORGES. ALSO PRESENT WERE DETECTIVE WILLIAM RUTHERFORD
AND ATTORNEY WILLIAM ROUNDS.
THE MEETING WAS CALLED TO ORDER AT 5:45 P.M.
1. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF A LIVERY LICENSE FOR TAUNTON MOTORIZED CARRIAGE COMPANY, INC. 295
BROADWAY.
2. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF HACKNEY CARRIAGE LICENSES FOR TAUNTON CARTAGE CO. LTD, DBA CHECKER CAB
AND TAUNTON CARTAGE CO. LTD, DBA COZY CAB 295 BROADWAY.
Attorney Rounds, who represents Taunton Motorized Carriage Company, Inc., Taunton
Cartage Co. Ltd, dba Checker Dab, and Taunton Cartage Co., Ltd, OBA Cozy Cab of 295
Broadway explained that his clients' meeting with the Planning Board had been postponed
until Thursday of this week so they have not acted on the site plan. Detective Rutherford
indicated that they had followed the process and that they are on the Planning Board
agenda of 9/1.
MOTION: EXTEND THESE LICENSES FOR ONE MONTH AND TABLE UNTIL SUCH TIME THAT
THE PLANNING BOARD BUSINESS IS COMPLETE. THE APPLICANT SHOULD RETURN TO THE
COUNCIL ON SEPTEMBER 27, 2022. SO VOTED.
3. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF HOURS OF OPERATION LICENSE FOR BOBBY'S PLACE, 60 WEIR STREET TO STAY OPEN
SUNDAY-THURSDAY, 5PM-1AM AND FRIDAY- SATURDAY 5PM - 2AM.
Detective Rutherford indicated that this really was only a petition to be open from 1-2AM
on Friday and Saturday nights since the other hours are allowed. He gave a positive
recommendation.
MOTION: TO APPROVE. SO VOTED.
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PAGE TWO
AUGUST 30, 2022
THE COMMITTEE ON POLICE AND LICENSE - CONTINUED
4. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF HOURS OF OPERATION LICENSE FOR CREATIVE FITNESS SOLUTIONS, INC., 225 CAPE
HIGHWAY TO STAY OPEN 24 HOURS 7 DAYS A WEEK.
Detective Rutherford gave a positive recommendation.
MOTION: TO APPROVE. SO VOTED.
5. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF HOURS OF OPERATION LICENSE FOR MPG CORPORATION DBA RAPID REFILL #105, 231
BROADWAY TO STAY OPEN 24 HOURS A DAY 7 DAYS A WEEK.
Detective Rutherford indicated that he has no issues with this item.
MOTION: TO APPROVE. SO VOTED.
6. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF HOURS OF OPERATION LICENSE FOR CVS PHARMACY, INC. OBA CVS PHARMACY #41,
284 WINTHROP STREET TO STAY OPEN 24 HOURS A DAY, 7 DAYS A WEEK.
Detective Rutherford indicated that he has no issues with this item.
MOTION: TO APPROVE. SO VOTED.
7. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF A BILLIARD TABLE LICENSE FOR P.A.C.C., 175 SCHOOL ST.
Detective Rutherford indicated that he has no issues with this item.
MOTION: TO APPROVE. SO VOTED.
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PAGE THREE
AUGUST 30, 2022
THE COMMITTEE ON POLICE AND LICENSE - CONTINUED
8. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A PETITION FOR RENEWAL
OF A JUNK DEALER'S LICENSE FOR BURNHAM'S CONVERTER AND SCRAP METALS, 12
RAILROAD AVE.
Detective Rutherford indicated that he has no issues with this item.
MOTION: TO APPROVE. SO VOTED.
MEETING ADJOURNED AT 5:52 P.M.
Respectfully submitted,
CITY OF TAUNTON
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AUG 3 0 2022 ·~)!_)
Maggie E. Clarke
IN MUNICIPAL COUNCIL Clerk of Council Committees
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CITY OF TAUNTON I ,......,
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AUGUST 30, 2022
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THE COMMITIEE ON FINANCE AND SALARIES N
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THE MEETING WAS HELD AT TAUNTON CITY HALL, 15 SUMMER STREET, TA~TO~ M~278B~'8
IN THE CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS. ~ 9 :;;
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PRESENT WERE: COUNCILOR PHILLIP DUARTE, CHAIRMAN AND COUNCILORS POTIIER
AND MCCAUL. ALSO PRESENT WERE PATRICK DELLO RUSSO, CFO AND
BUDGET DIRECTOR GILL ENOS.
MEETING CALLED TO ORDER AT 5:54 P.M.
1. MEET TO REVIEW THE WEEKLY VOUCHERS & PAYROLLS FOR CITY DEPARTMENTS
MOTION: MOVE APPROVAL OF THE PAYROLL WARRANT IN THE AMOUNT OF
$1,167,326.31. SO VOTED.
MOTION: MOVE APPROVAL OF THE ACCOUNTS PAYABLE WARRANT IN THE AMOUNT OF
$1,183,773.81. SO VOTED.
2. MEET TO REVIEW REQUESTS FOR FUNDING/TRANSFERS.
3. MEET WITH THE CHIEF FINANCIAL OFFICER FOR A PRESENTATION ON THE CITY'S FIVE-YEAR
FINANCIAL FORECAST.
Patrick Della Russo, CFO, gave a presentation which he expects to be the first of many five
year financial forecasts. Forecasting is a tool to offer guidance and bring attention to future
pressure points. This is necessary to identify what has to occur in order to maintain a
balanced budget. This forecast identifies challenges to be overcome together and the intent
is to help chart a course. He indicating that forecasting is a management tool but in addition
to that, the rating agencies think highly of this approach. His presentation outlined several
different eventualities to be aware of. These were the Bristol-Plymouth School construction
project, solid waste and recycling costs, construction of a new public safety facility, changes
to state aid and net school spending, and health insurance obligations. Since it has not been
looked at since 2004, Mr. Della Russo hopes to work with the School department to review
the net school spending agreement. He also indicated that his department is currently
drafting an RFP to look at different options for health insurance.
Mr. Della Russo indicated that revenue analysis considers historical trends and performance,
economic outlook, both our socio-economic portfolio and outside indicators, and new
revenue streams.
13
PAGE TWO
AUGUST 30, 2022
THE COMMITTEE ON FINANCE AND SALARIES - CONTINUED
The presentation indicated that forecasted revenues increase 3.4% on average year over
year or 17% over 5 years. New growth was forecasted as steady at $2 Million annually.
State aid is set at 5% for this presentation. It was noteworthy that the Taunton High School
project debt exclusion was coming off the books. Mr. Della Russo described forecasted
expenses as a good faith estimate based on current realities and knowledge. The
presentation indicated that forecasted expenses increased 4.65% annually on average.
Mr. Delio Russo highlighted several areas of the financial forecast. The SAFER grant will be
ending which currently funds 7 full time fire personnel. For education, the Bristol-Plymouth
School project is a factor. Public Works is driven by trash contract increases and necessary
manpower. Debt service will increase with the construction of a Public Safety facility should
an exclusion not be passed. Finally, the cost of employee benefits is a key driver but Mr.
Delio Russo is looking at options to present to the bargaining groups.
General government is projected to see a 2.5% average annual increase. Public safety is
estimated at an 8% increase over 5 years. Mr. Delio Russo is concerned about the impact of
retirement payouts and he's currently working to setup a compensated absence trust fund
to help address that concern as well as to help maintain consistency. FY25 numbers include
4 additional police officers. Mr. Delio Russo believes that the forecast for education shows
that the Mayor is committed to funding the education of the City's children. Mr. Delio Russo
is hoping to work with the Superintendent of Schools and look at the net school spending
agreement. The net school spending agreement hasn't been changed since 2004. The
Department of Public Works is forecasted to see an average yearly increase of 3.5%. There is
an attempt to increase staffing levels here. Trash and recycling is a concern because this
area has been operating at a 50% loss and these shortfalls need to be addressed. This will
continue to go in the red if nothing is done. The enterprise funds see the sewer
improvement projects hitting the books and a rate study is in the process of being
completed. Health and Human Services and Culture and Recreation currently receives some
funding from ARPA and the mayor plans to address that when ARPA is done. The forecast
shows veteran services remaining fully funded and the library appropriately funded.
Cemeteries and Public Grounds are projected to receive annual increases and there are
many capital projects in the works. Mr. Delio Russo indicated that the Mayor is the first
mayor to increase funding for Head Start in many years.
Fixed costs see debt service in FY24 and FY25 tied to the CIP. FY26 and FY27 show an
increase due to the first installment of short term interest on a Public Safety facility if there
is no debt exclusion. FY28 shows another increase due to realizing the full amount of the
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PAGE THREE
AUGUST 30, 2022
THE COMMITTEE ON FINANCE AND SALARIES - CONTINUED
payment on Public Safety building construction. Mr. Della Russo also mentioned that if
there are no changes to health insurance, the City will be faced with a reduction in services.
Mr. Della Russo believes that sick and vacation time buyouts need to be limited and that
overtime at the current level of increases is not sustainable. He believes that the creation of
the stabilization account will help with these issues. Departments will be unable to use sick,
personal, or vacation buyback dollars to cover overages in overtime. Departments will need
to come to the Council to explain their overage and ask for an increase. He pointed out that,
yearly, it is almost a one to one five year average of overtime being offset by unused accrued
time being passed in the budget.
Mr. Della Russo indicated that without a debt exclusion there will likely need to be a
reduction in services since projected expenses increase at a greater rate than forecasted
revenues. Further, he said that the model will be adjusted frequently as new information is
available. He thanked Mayor O'Connell for her support and guidance and thanked the
Council.
MOTION: PRESENTATION TO BE PART OF THE RECORD. SO VOTED.
Councilor Pottier expressed his concern that inflation could impact the forecast and that is
out of our control. Also out of our control is some of the cherry sheet data. He questioned if
the Taunton Public Schools 5% number is realistic and Mr. Enos indicated that the schools
receive all of the Chapter 70 monies. Mr. Pottier questioned at what rate the pensions are
funded and Mr. Enos indicated that pensions are currently funded at 80% and are expected
to be fully funded by around 2030. Mr. Pottier indicated that this was a success story. On
fixed costs, Mr. Pottier questioned if there is a debt exclusion coming off the books. Mr.
Enos said that it is around $1 Million. Mr. Della Russo indicated that debt had been
managed down to about 2% of the operating budget.
Councilor Pottier questioned how much of the increase in overtime in FY21 and FY22 was
due to COVID. Mr. Della Russo emphasized how there is almost a direct correlation between
overtime and buyouts. He is planning to bring the new compensated balances trust fund
before the Council and with this there will be a change to the budget structure. Mr. Pottier
emphasized that any changes to buy backs will need to be negotiated with the unions. Mr.
Pottier suggested that if people took the sick, vacation, or personal time, you would had
have to have filled that absence with overtime and, therefore, would have seen the spike in
overtime in those years. Further, he suspects some of the increase in overtime year over
year is due to COVID. He questioned the free cash/stabilization position of the City and Mr.
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PAGE FOUR
AUGUST 30, 2022
THE COMMITTEE ON FINANCE AND SALARIES - CONTINUED
Enos indicated there was approximately $31 Million. Mr. Enos emphasized that using this
would be one time. Mr. Delio Russo believes that the health insurance 75/25 coverage
needs to be looked at. Mr. Pottier questioned if any marijuana revenue was included in the
forecast and Mr. Enos said that no new money was included in the projections. Mr. Pottier
gave credit to the administration and her office for doing this fine work.
Councilor Duarte questioned the goals of renegotiating the net school spending agreement.
Mr. Delio Russo indicated that it hasn't been looked at in many years, since 2004, and that
his intention is to look at everything in partnership with the schools and see what our real
expenses are. Mr. Duarte questioned if the administration is considering recommending a
debt exclusion for the Bristol-Plymouth School project. Mr. Delio Russo indicated that this
forecast has assumed there is no debt exclusion. Mr. Duarte asked if the administration will
evaluate this and Mr. Delio Russo indicated that he will evaluate and provide the numbers to
the Council, including how much it would cost the taxpayers and how it would benefit the
budget, but that the Council would approve the ballot question and the debt exclusion
value. Mr. Duarte indicated that the council needs these numbers in order to evaluate. Mr.
Delio Russo said that for the Bristol-Plymouth School project, he can easily obtain the
numbers but that the school assessment changes based on the enrollment. His numbers for
the impact of a debt exclusion for the school project will be based on today's number.
Councilor Duarte questioned the timeline and Mr. Enos indicated that FY24 sees a small
portion ($800,000) but that the real impact will be recognized in FY25 and FY26.
Councilor Mccaul asked how much this debt exclusion would impact people. Mr. Delio
Russo estimates $200 for a $400,000 home.
Councilor Pottier indicated that the Mayor would need to propose a debt exclusion vote, the
Council approves the vote, but the ultimate arbiter is the voter.
Councilor Sanders questioned adjusting net school spending and if there would be changes
to indirect costs with adjustments to services paid for by the City. Mr. Delio Russo
emphasized it is all the City of Taunton. Mr. Sanders said that the real question is if there is
more money for the schools or less money. Mr. Delio Russo emphasized that the document
hasn't been changed since 2004. Mr. Sanders wondered if reducing buyouts may increase
the use of sick time and other leave and indicated that this all has to be handled at the
bargaining table. Mr. Delio Russo stressed that creating this unused compensated balances
account is a best practice and a transparent practice because if a department overspends an
appropriation they will need to come before the Council. Further, this new account will
grow interest. Mr. Sanders talked about the balance between paying buyouts and hiring
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PAGE FIVE
AUGUST 30, 2022
THE COMMITTEE ON FINANCE AND SALARIES - CONTINUED
more people and/or paying overtime to cover absences. Mr. Sanders questioned the
possibility of a Bristol-Plymouth debt exclusion and what would happen if voters do approve
such a measure. Mr. Della Russo replied that expenses in FY26 and FY27 would be reduced
by $4.2 Million so there would be more capacity to invest in other areas of the budget. He
stressed that this forecast is the picture if we do nothing. This model includes no exclusions
and no changes to health insurance. Mr. Sanders questioned if any recreational marijuana
revenue is included and Mr. Della Russo confirmed that it is not. Mr. Sanders indicated that
the administration should make a recommendation on a debt exclusion as well as a
recommendation on a solution to the trash and recycling issue. Mr. Enos indicated that
trash bag sales and landfill fees were not covering the expenses of the trash program and
that this is running in a deficit. He said that this has been discussed for many years. Mr.
Sanders said that the model they rely on is that the Mayor proposes and the Council votes to
approve.
Councilor Borges expressed her appreciation for the comprehensive presentation and as a
Bristol-Plymouth School Committee member, she expressed her thoughts on the importance
of vocational education. She indicated the assessment for Bristol-Plymouth school will vary
based on the number of Taunton students attending. She questioned if there have been any
discussions with the Chief Procurement officer and the school system to combine
procurement to save money and Mr. Della Russo said that they are in the early stages of
such talks. Ms. Borges questioned the Head Start budget and Mr. Della Russo indicated that
it hadn't been increased in a very long time and there is a moderate increase in this forecast.
Councilor Borges questioned who is on the Public Safety Building Committee and when there
would be a presentation to the Council on the new Public Safety Building project and Mr.
Della Russo indicated that there isn't a committee yet. Ms. Borges also indicated that on the
topic of a debt exclusion, the Council approves but the Mayor should make a
recommendation. Mr. Enos stressed that the finance team will provide the facts including
costs and the effect on tax bills.
MEETING ADJOURNED AT 7:10 P.M.
Respectfully submitted,
CITY OF TAUNTON
AUG 3 0 2022 )U,11Yr'- [ Clti ~A-L-
Maggie E. Clarke
IN MUNICIPAL COUNCIL Clerk of Council Committees
REPORTSACCEPTED. RECOMMENDATIONSADOPTED.
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CITY OF TAUNTON
MUNICIPAL COUNCIL
AUGUST 30, 2022
THE COMMITTEE OF THE COUNCIL AS A WHOLE
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THE MEETING WAS HELD AT TAUNTON CITY HALL, 15 SUMMER STREET, TAJ~TO~, M~278~~~
IN THE CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS ::;
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PRESENT WERE: COUNCIL PRESIDENT PHILLIP DUARTE AND COUNCILO~ DdbNE~ ~3,g
BORGES, MCCAUL, POTTIER, SANDERS, QUINTAL, AN~OSTELL. ~ ~~
COUNCILOR COUTE WAS ABSENT. ALSO PRESENT WAS ATTORN~ PHILIP
NESSRALLA.
MEETING CALLED TO ORDER AT 7:14 P.M.
1. MEET TO DISCUSS RENEWAL OF A HOST COMMUNITY AGREEMENT FOR HERBAL LOGIC,
284R WINTHROP STREET- MARIJUANA RETAILER ESTABLISHMENT.
Attorney Nessralla gave an update on his project at 284R Winthrop Street. He believes that
this is a good location and he has signed a 10 year lease with options to renew. He's hired a
consulting firm, an architectural firm, and structural firm. Since signing the lease he has
discovered issues with the roof and other structural issue as well as realizing there were
some environmental concerns to be resolved. He has brought in civil engineers and a
landscaping company. He believes he will be operational in 6-8 months. The project has
proved to be more expensive than he anticipated but he's expecting this to be an
aesthetically pleasing facility that is professionally operated.
Councilor Pottier questioned if Mr. Nessralla has a license and if he is looking to convey his
HCA to someone else. Mr. Nessralla indicated that he did not intend to convey his HCA to
anyone other than himself. Councilor Postell emphasized that Mr. Nessralla does not have a
license and is just looking to renew his HCA.
Councilor Sanders questioned if Mr. Nessralla had obtained a provisional license with the
state. Mr. Nessralla indicated that it has been applied for. Mr. Sanders further questioned if
he had obtained a license with the city. Mr. Nessralla indicated that he has not. Mr. Sanders
questioned when construction would start and Mr. Nessralla said that he expected
construction to begin in the fall.
Councilor Borges questioned if there had been any discussions on transferring the HCA and
Mr. Nessralla said that there had not. She further questioned the construction progress and
Mr. Nessralla said that he had been working on the roof and environmental issues.
18
PAGE TWO
AUGUST 30, 2022
THE COMMITTEE OF THE COUNCIL AS A WHOLE - CONTINUED
Councilor Postell emphasized that there are currently only eight retail licenses with maybe 1
or 2 potentially available and questioned if Mr. Nessralla was putting the cart before the
horse in some ways since there is no certainty of a retail license. Mr. Nessralla said he has to
do this work before applying for the license. He said that he is giving it all he can and
expects that if he does things properly he should get to the finish line and receive a license.
Mr. Postell expressed his belief that 6-8 months to commence operations is optimistic.
MOTION: APPROVE THE HCA EXTENSION FOR ONE YEAR.
Councilor Borges questioned if they might consider a 6 month extension instead of one year.
Councilor Mccaul asked Mr. Nessralla his thoughts on this and Mr. Nessralla indicated that
this would be a very tight timeline for a project like this. He further indicated that supply
costs have increased four times but that he is committed to this project.
Councilor Dooner clarified that the purpose of extending just 6 months would be to have Mr.
Nessralla come back to discuss his progress at that time. Councilor Borges indicated that the
Council is trying to hold people to progress on these projects. Councilor Duarte pointed out
that this HCA was originally granted on 8/19/21 so this project was much later on the scene
than some of the other applicants.
Councilor Sanders expressed his thought that this was very early in the process for this
applicant and he doesn't think they will see anything remarkable in 6 months. Hopefully
there will be more substantial progress in a year. He believes that 6-8 months is extremely
optimistic.
Councilor Pottier said that other applicants had HCAs for years so he is going to leave his
motion at one year.
SO VOTED.
2. MEET TO DISCUSS INCREASING THE NUMBER OF RETAIL MARIJUANA LICENSES FROM 8 TO
9.
Councilor Pottier indicated that the full Council was not present. He made the following
motion to allow this item to be discussed with a full Council.
MOTION: TABLE THIS DISCUSSION UNTIL SUCH TIME AS IT CAN BE RESCHEDULED. SO
VOTED.
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PAGE THREE
AUGUST 30, 2022
THE COMMITTEE OF THE COUNCIL AS A WHOLE - CONTINUED
ADJOURNED AT 7:36 PM.
Respectfully submitted,
CITY OF TAUNTON
. Jik~[ U&M Lu_
AUG 3 0 2022 Maggie E. Clarke
Clerk of Council Committees
IN MUNICIPAL COUNCIL
REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED.
Agenda
MUNICIPAL COUNCIL AGENDA
CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS
15 SUMMER STREET, TAUNTON, MA 02780
AUGUST 30, 2022 - 7:00 PM
INVOCATION
ROLL CALL
RECORDS
OPPORTUNITY FOR INPUT BY THE GENERAL PUBLIC
• Comments will be received for the record City Clerk's Office
• Please state your name and address Notice of Posting
• Please limit comments to 3 minutes or less Time: // ! J ha[m.
•
•
Supplemental written comments may also be provided
Comments should be respectful and courteous
Date: <tjah_/Pi{)d,~
J(_.,
HEARING: Upon the petition of Robert Bastis, 2440 Maple Swamp Rd., North
Dighton, MA 02764 for the issuance of a Special Permit to allow:
An 11-unit group home with incidental 150 sq. ft. office at 38
Winthrop Street located in the Office District.
• Com. from City Planner - Submitting Comments with Copy of
ZBA Case #3671
• Com. from Water Superintendent - Submitting Comments
• Com. from Conservation Agent - Submitting Comments
COMMUNICATIONS FROM THE MAYOR
• Community Update
• COVID-19 Update
APPOINTMENTS - NONE
Appointment and Swearing in of Four (4) Permanent Full-time Firefighters
• Matthew P. Daly
• Jonathan Dumont
• Gage Hull
• William H. Walsh
COMMUNICATIONS FROM CITY OFFICERS
Pg. 1 Com. from Board of Assessors - Requesting to Schedule Classification
Hearing
Pg.2 Com. from Tax Possession Custodian - Requesting to Refer Tax
Possession Properties
Pg. 3-5 Com. from City Solicitor - Legal Opinion Concerning Change in Council
Appointment Process for City Clerk Position Voted on July 5, 2022
COMMUNICATIONS FROM CITIZENS
Pg. 6 Com. from Virginia Richardson, 193 Tremont St. #99, Taunton-
Donation of Land
PETITIONS
Livery License - NEW
1. White Gloves Limousine Service by Silvino Dos Santos Varela to be located at
30 Highland St. Apt. 4C, Taunton (1 Limo)
Hours of Operation - RENEWAL
1. Speedway LLC --dba-Speedway #2432 located at 943 County St., Taunton
Old Gold, Second Hand Article and Pawn Broker Licenses - NEW
1. Fall River Financial MA, LLC --dba- Fall River Pawn Brokers located at 48
Taunton Green, Taunton
Claim
Claim submitted by Antonio Chitas, 225 Erin Rd., East Taunton seeking reimbursement
for damages to his automobile due to hitting a pothole at the beginning of Erin Road.
(Already referred to the Law Department and DPW)
COMMITTEE REPORTS
UNFINISHED BUSINESS - NONE
ORDERS, ORDINANCES AND RESOLUTIONS
Order (or a first reading to be passed to a second reading
Ordered That,
The City of Taunton appropriates the sum of $4,800,000 for the purpose of
paying costs associated with the following major projects to be undertaken by the
Taunton Municipal Lighting Plant Commission:
Project 1195 Gas Turbine Controls Upgrade $1,500,000
Project 1198 Substation #18 Upgrade $1,600,000
Project XXX ERP Implementation Phase 2 $1,700,000
including the payment of all costs incidental or related thereto; and to meet this
appropriation, the Treasurer-Collector, with the approval of the Mayor, is authorized to
borrow said amount under G.L. c. 44, §8(8) or any other enabling authority; provided that
the amount to be borrowed shall be reduced by the amount of any grants, reimbursements
and/or any other funds available to pay costs of the forgoing projects received by the City
prior to the issuance of such bonds or notes. The Mayor is authorized to take any other
action necessary or convenient to carry out this Project.
NEW BUSINESS
Respectfully submitted,
<({ ~£1./fa'
ifer L. L~g~'/ ~
City Clerk
City of Taunton, Massachusetts
DEPARTMENT OF
PLANNING AND CONSERVATION
Location: 141 Oak Street
Mailing: 15 Summer Street
Taunton, Massachusetts 02780
Kevin R Scanlon, Director! Planner AICP
Michele Restino, Conservation Agent Phone 508-821-1051, 508-821-1043
Phone 508-821-1095 Fax 508-821-1665
http://www. taunton-ma.~ov
July 21, 2022
Honorable Shaunna O'Connell, Mayor
Municipal Council
15 Summer Street
Taunton, Ma 02780
RE: Special Permit - 38 Winthrop Street- Group Home-
This letter is in regards to the Special Permit request for an 11 unit group home at 38 Winthrop Street
located in the Office District. The project received variances from the ZBA (case #3671) for parking,
density and lot size.(see attached) I have also attached the comments provided to the Planning and
Conservation office in regards to this petltion. If approved, the project will also need a Site Plan Review
with the Planning Board.
Comments were received from the Conservation Agent, and Water Division Supervisor.
I have also reviewed the plans and have no comments at this time
If you have any questions, please contact me at 508-821-1051
Sincerely,
//t-----
Kevin R Scanlon,
Director AICP
CITY of TAUNTON
ZONING BOARD of APPEALS
1298 Cohannet St. - Office address
15 Summer St. - Mailing address
Taunton, Ma. 02780
Phone 508-821-105111043
Fax 508-821-1665
Denise J Paiva, Secretary
dpaiva(a)taunton-ma.gov
Case# 3671
The petition of 38 Special LLC, Robert J .Bastis, Jr., 2440 Maple Swamp Rd., North Dighton, Ma. for a
Variance from Section 440 Attachment # 3 & Section 440-704 of the Zoning Ordinance to allow a mixed use
bldg. consisting of an 11 unit group home with an office having 55 feet of frontage and lot width (instead of 100
feet) with 1 parking space (instead of 25 spaces) and a density of 11 units (instead of the max. allowed 3 units)
on premises situated at 38 Winthrop St., Taunton, Ma.
A public hearing was held on May 19, 2022 at 15 Summer St., City Hall, in the Chester R. Martin Municipal
Council Chambers and the following members present: Wayne Berube, Craig Faria, Steve Vieira, Seth Turner,
George Moniz and John Joyce
For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma.
Robert Bastis, Jr. 2440 Maple Swamp Rd., No. Dighton, Ma.
In favor: None
Opposed: None
Findings: The petitioner is requesting a Variance from Section 440 Attachment #3 and Section 40-704 for
frontage, lot width, density and parking requirements at 38 Winthrop Street in the Office District.
The request is for a mixed use building for a group residence which requires a Special Permit from the
Municipal Council. The Board finds there is hardship relating to the shape and topography of the lot. More
specifically it is not feasible to place parking spaces at the rear of the building because the property slopes down
to the riverfront area of the Mill River. The Group Residence will be operated by a private agency that provides
temporary housing for recovering addicts and homeless veterans and the agency provides transportation for the
residents and most of them do not own a vehicle. The Board finds the proposal reasonable and hereby grants
the request as presented.
Motion to Grant as presented based on adherence to the submitted application including the Submitted plans
and all bulk, size and intensity criteria contained therein.
VOTE: 5 In Favor 0 Opposed
Steve Vieira, Clerk Yes
Craig Faria Yes
Wayne Berube Yes
Seth Turner Yes
George Moniz Yes
Case# 3671 - 38 Special LLC Page I
PETITION GRANTED
A True Copy of Decision
Filed in the Office of the City Clerk
June 1, 2022
Chairman
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Case# 3671 - 38 Special LLC Page2
38 Winthrop St. - Case # 3671
Mike Arruda < marruda@taunton-ma.gov>
Mon 7/18/2022 7:10 PM
To: Denise Paiva <dpaiva@taunton-ma.gov>;Kevin Scanlon <kscanlon@taunton-ma.gov>
Cc: Frederick Cornaglia <fcornaglia@taunton-ma.gov>;Anthony Abreau <aabreau@taunton-ma.gov>;Bruce Emond
<bemond@taunton-ma.gov>;Katherine Nunes <knunes@taunton-ma.gov>;Mike Patneaude <mpatneaude@taunton-
ma.gov>
Hi Denise,
Please see the DPW Water comments below:
• City water is available from the existing 12" city water main on Winthrop St.
• Plans are required and need to be submitted to DPW for water services, fire service line, gate valves and
curb stops
• DPW permits are required including: City licensed contractor, road opening, and or trench
• DPW Specifications apply including: Pressure testing, materials, installation, new water meter with an
updated radio frequency unit, inspection, and approval
• DPW Specification apply including: Any backflow devices must be inspected by the Plumber Inspector or
City Inspector
• Prior notice is required before any city water work is to be performed, and inspections will be required
before backfilling
• City reserves the right to change these terms and conditions at any time
Please reply with any questions.
Thanks,
Michael Arruda
Water Superintendent
Department of Public Works
90 lngell St. Taunton, MA 02780
P: 508.821.1045
F: 508.821.1437
City of Taunton, Massachusetts
CONSERVATION
COMMISSION
OFFICE: 1298Cohannet Street ·
MAILING ADDRESS: 15 Summer Street
Taunton, Massachusetts 02780
Phone 508-82 1-1095
Conservation Commissioners
Steven Turner, Chair
Debbie Botellio, Vice Chair
Joshua Borden
Richard Enos
Luis Freitas
Matthew Haggerty
Jan Rego
July 19, 2022
Municipal Council
RE: Special Permit - 38 Winthrop Street - Group Home with Incidental Office
The Applicant filed a Notice of Intent with the Conservation Commission and received an Order of
Conditions on April 11, 2022 which was recorded at the Registry of Deeds - Book 27932, Page 198.
There are no other conservation issues regarding the use as an 11-unit group home with incidental office.
City of Taunton
Office of the Tax Assessors
'RicfiaraJ Conti, ..'A.5.Jl, .Jl'R:M, Jvt.Jl.Jl 15 Summer Street, 'Rm 216
Cfiair, 'Boara of .Assessors Taunton City J-fa[[
Taunton, Jvt.Jl 02780-3430
Lisa Laheffe, Jvt.Jl.Jl Tel (508) 821-1011
.Assessor .J'ax (508) 821-1096
www.Taunton-Jvt.Jl.gov
'Renee 'Brabant, Jvt.Jl.Jl
.Assessor
Xristin .Jlhreau, Jvt.Jl.Jl
.Assistant .Assessor
August 24, 2022
The Honorable Shaunna L. 0' Connell Mayor
Council President Phillip Duarte
Members of the Municipal Council
141 Oak Street
Taunton, MA 02780
Mayor O'Connell, President Duarte, and Municipal Councilors,
Please be advised that the FY2023 values for real and personal property are in the process of being approved by
the Department of Revenue.
We hereby request that the Municipal Council schedule a Classification Hearing in accordance with the
provisions of Chapter 40 Section 56 ofM.G.L. as amended by Chapter 369 of the Acts of 1982, to determine
the percentage of the LOCAL TAX LEVY to be borne by each class ofreal and personal property.
We request and recommend as a nomination for your discretion the date to be Tuesday, September 6, 2022 at 7
p.m.
Respectfully Yours,
Board of Assessors
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 SO LICITOR SECOND ASST. CITY SOLICITOR
David T . Gay, Esq.
SP. ASST. CITY SOLIC lTOR
August 25, 2022
Phillip Duarte, Council President
Members ofthe Municipal Council
City of Taunton
15 Summer Street
Taunton, MA 02780
Dear Council President Duarte and Members of the Municipal Council :
Kindly refer the following requests to the Committee on Public Property:
1. Request for approval to hold public auctions for the following tax possession properties:
• Parcel 66-457 (15 Harrison Ave.) 0.39 acre lot
• Parcel 130-20 (Kingman St.) 6.25 acres
• Parcel 46-196 (5 Chester Court) 2 family home on 0.17 acre lot
2. Request for approval to dispose of the following properties through the Abutter's Lot Program:
• Parcel 77-516 (Dale St.) 0.12 acre lot
• Parcel 105-25 (Somerset Ave .) 0.42 acre lot
• Parcel 31-396 (Montclair Ave.) 0.19 acre lot
• Parcel 92-248 (Berkley St.) 0.07 acre lot
• Parcel 44-110 (355 Norton Ave.) 0.56 acre lot
Very truly yours, Approved by:
Shannon M. Valentino
Tax Possession Custodian
~~ City Solicitor
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
August 17, 2022
Council President Phillip Duarte
Members of the Municipal Council
City of Taunton
City Hall
15 Summer Street
Taunton, Massachusetts 02780
Re: LEGAL OPINION CONCERNING CHANGE IN COUNCIL APPOINTMENT
PROCESS FOR CITY CLERK POSITION VOTED ON JULY 5, 2022
Dear Council President Duarte and Members of the Municipal Council:
This is a legal opinion regarding the appointment process for the City Clerk
position as requested by the Council at its August 16, 2022 meeting.
In advance of the vacancy in the City Clerk's position, the Council voted to adopt
an appointment process for positions that are Council appointments. Said process was
initiated as to the City Clerk position. The process includes a hiring committee which
serves the function of narrowing the applicant pool to at least two applicants for
consideration by the Council.
On July 5, 2022 the Committee of the Council as a Whole met concerning an
agenda item listed as "meet to discuss Municipal Council Hiring Process as it relates to
the City Clerk position". Said meeting occurred well in advance of the actual
appointment for the City Clerk, which was on the agenda for August 16, 2022 and on
said date was made.
Page 2 August 17, 2022
Council President Phillip Duarte
Members of the Municipal Council
Re: LEGAL OPINION CONCERNING CHANGE IN COUNCIL APPOINTMENT
PROCESS FOR CITY CLERK POSITION VOTED ON JULY 5, 2022
The outcome of the July 5, 2022 meeting was that the following motion carried:
"Any applicant that is in that department or particularly an applicant who is the second in
command in said department, not just for this position, be automatically put before the
Council as a courtesy and also to show that people in City Hall at least have the
opportunity to be considered by their hiring authority for those roles." Said motion is
worded in such a way that it applies generally to the appointment process, in a manner
that is not limited to just the City Clerk position.
The motion that was voted on July 5, 2022 resulted in the Council considering
Jennifer Leger as an applicant from the department who applied for the position, in
addition to other applicants recommended by the hiring committee.
The question presented is whether the Council vote of July 5, 2022, which
effectively modified the appointment procedure previously adopted by the Council,
constituted a "suspension" of a Council Rule or Order requiring a 2/3rds vote pursuant
to Council Rule A501-16.
The vote of July 5, 2022 was not a vote to suspend. Suspension of rules occurs
when a deliberative body does not follow a rule of procedure that has application to the
meeting that is in progress. Suspension of rules allows the body to take action despite
a procedural rule that ordinarily would govern the meeting that is in progress. The vote
of July 5, 2022 does not have that character and does not constitute a suspension of a
Council Rule or Order.
The vote of July 5, 2022 pertains to a rule with application outside of the meeting
that was in progress. The motion is better described as a vote to amend an existing
rule with prospective application. The change that was voted on July 5, 2022 ultimately
led to the Council having an additional applicant to consider when it met to deliberate
concerning the actual appointment to the position of City Clerk on August 16. The
Council does not have a 2/3 vote requirement in its rules to amend or modify a
previously adopted rule or order.
The distinction between suspension of rules and amendment of a rule previously
adopted is discussed in Roberts Rules of Order, Newly Revised (11th Edition 2011) in
sections 25 and 35. The action taken by the Council on July 5, 2022 falls within the
category of amendment of a rule rather than suspension of a rule.
Page 3 August 17, 2022
Council President Phillip Duarte
Members of the Municipal Council
Re: LEGAL OPINION CONCERNING CHANGE IN COUNCIL APPOINTMENT
PROCESS FOR CITY CLERK POSITION VOTED ON JULY 5, 2022
The vote of July 5, 2022 did involve a deliberation on a topic already considered
within the previous 12 months, but was not out of order because it occurred in the
Council as a Whole and said Committee did not rule it out of order. See Council Rule
A501-10. Said Rule recognizes that a matter may be reconsidered within 12 months
upon a report of the Committee of the Council as a Whole.
For the above reasons the vote of July 5, 2022 was a valid amendment of the
Council's previously adopted procedure for Council appointments and as such did not
require a 2/3rds vote under the Council Rules.
Respectfully submitted,
~~~
Solici~st
City
MJC:tmg
CC: Mayor Shaunna O'Connell
Human Resources Director Amy Kazlauskas
August 18, 2022
City Councilors
City Hall
15 Summer Street
Taunton, MA 02780
Dear Council Members,
My father, Charles Lincoln of North Walker Street (who was a city councilor of Taunton
for many years) passed in 2009. At that time, my sister, Cynthia McGrady, and I, Virginia
Richardson, inherited some land that he owned. I am sending this letter to you on behalf of both
my sister and myself. The parcel ofland on Glebe Street is approximately 1.350 acres and is
recognized by the assessors as Parcel ID 73-123. It is a "land-locked" piece of property. We
would like to offer this piece of property to the City of Taunton because we have no need for it
and have no interest in owning or selling it. Our heirs also have no interest in owning or selling
it.
If you need further information, please don't hesitate to reach out to us. If you will
accept this land from us, please let us know what the next steps would be in this process.
Thank you for your time and consideration,
Virginia Richardson
193 Tremont St., #99
Taunton, MA 02780
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AUGUST 30, 2022
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HONORABLE SHAUNNA L. O'CONNELL, MAYOR ::w q
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COUNCIL PRESIDENT PHILLIPE. DUARTE .r::
AND MEMBERS OF THE MUNICIPAL COUNCIL
PLEASE NOTE: THE FOLLOWING COMMITTEE MEETINGS HAVE BEEN SCHEDULED FOR
TUESDAY, AUGUST 30, 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.
3. MEET WITH THE CHIEF FINANCIAL OFFICER FOR A PRESENTATION ON
THE CITY'S FIVE-YEAR FINANCIAL FORECAST.
PLEASE NOTE: A //MEETING" OF THE ENTIRE MUNICIPAL COUNCIL, AS SAID TERM JS
DEFINED IN MASS. GEN. L. C. 30A, §18 MAY OCCUR CONCURRENTLY
WITH THIS COMMITTEE MEETING
THE COMMITTEE ON POLICE AND LICENSE
1. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF A LIVERY LICENSE FOR TAUNTON
MOTORIZED CARRIAGE COMPANY, INC. 295 BROADWAY.
2. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF HACKNEY CARRIAGE LICENSES FOR
TAUNTON CARTAGE CO. LTD, DBA CHECKER CAB AND TAUNTON
CARTAGE CO. LTD, DBA COZY CAB 295 BROADWAY.
3. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF HOURS OF OPERATION LICENSE FOR
BOBBY'S PLACE, 60 WEIR STREET TO STAY OPEN SUNDAY-
THURSDAY, 5PM -1AM AND FRIDAY-SATURDAY 5PM - 2AM.
4. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF HOURS OF OPERATION LICENSE FOR
CREATIVE FITNESS SOLUTIONS, INC., 225 CAPE HIGHWAY TO STAY
OPEN 24 HOURS 7 DAYS A WEEK.
5. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF HOURS OF OPERATION LICENSE FOR
MPG CORPORATION DBA RAPID REFILL#105, 231 BROADWAY TO
STAY OPEN 24 HOURS A DAY 7 DAYS A WEEK.
6. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF HOURS OF OPERATION LICENSE FOR CVS
PHARMACY, INC. DBA CVS PHARMACY #41, 284 WINTHROP STREET
TO STAY OPEN 24 HOURS A DAY, 7 DAYS A WEEK.
7. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF A BILLIARD TABLE LICENSE FOR P.A.C.C.,
175 SCHOOL ST.
8. MEET WITH POLICE CHIEF AND DETECTIVE RUTHERFORD ON A
PETITION FOR RENEWAL OF A JUNK DEALER'S LICENSE FOR
BURN HAM'S CONVERTER AND SCRAP METALS, 12 RAILROAD AVE.
PLEASE NOTE: A ''MEETING'' 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 A HOST COMMUNITY AGREEMENT
FOR HERBAL LOGIC, 284R WINTHROP STREET- MARIJUANA RETAILER
ESTABLISHMENT.
2. MEET TO DISCUSS INCREASING THE NUMBER OF RETAIL MARIJUANA
LICENSES FROM 8 TO 9.
PLEASE NOTE: A "MEETING" 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,
Maggie'
Clerk of Council Committees
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