City Council
Regular MeetingTaunton, MA · September 6, 2022
Minutes
City ofrr'aunton
9.1.unicipa{Council9.1.eetina 9.1.inutes
City Jfa{{, 15 Summer Street, rr'aunton, ~
9.1.inutes, Septem6er 6 2022 at 7:03 O'cCoc{(]'.9.1..
1
~gufar :Meeting
:Mayor Sliaunna £. O'Conne([presitli.ng
(J!rayer was offeretf 6y tne :Mayor
)J.. moment of silence was offeretf 6y Councilor Quinta{ on 6enaff of:Mary-Lou )J..mufa
wno was 6om on tnis tfay in 1963. Sfie wou«nave 6een 59-years o« totfay. Of course
everyone remem6ers :Mary- Lou )J..rrutfa. rtli.ey prayfor ner antf fierfamify antfnope tliat
sfie lias a very nappy 6irtn totfay in neaven witn fier tfatf.
(]!resent at ro([ ca([were: Counciwrs Cl'ostell, Quinta' Santfers, Coute,
Cl'ottier, :M.cCau' CJJorges, (])uarte antf(])ooner
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 Appointments. So
voted.
Appointments:
The appointment and swearing in of one (1) permanent full-time Police Officer.
• John T. Joyce
Motion was made to approve the appointment on a roll call vote. On a roll call vote,
nine (9) Councilors were present, nine (9) Councilors voted in favor. So voted. The
City Clerk then swore John T. Joyce in as a permanent full time Police Officer for the
city of Taunton.
Appointment of Andrew Dawley, 10 Craven Court, Taunton to the Board of Directors for
the Department of Human Services fulfilling the unexpired term of Edward O'Brien
expiring in August 2023. Motion was made to approve. So voted.
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:
NONE
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Communications {rom the Mayor:
Mayor O'Connell said there are twenty-four (24) active reported Covid cases here in the
City of Taunton. They wanted to thank everyone who participated in the International
Overdose Awareness Day last week. It was a very successful event. Well attended. Many
service providers were there. Many thanks to the Taunton Opioid Task Force. Mary Beth
Forshaw, the entire Committee, our community partners and service providers who joined
them to make it such a meaningful and a good event. In memory of this day, City Hall
will have purple lights on for the month. Their 9/11 Tribute is Sunday, September 11th at
Memorial Park. This will begin promptly at 11 :00 a.m. They suggest you arrive a little bit
early. They will have special guest, Sgt. Daniel Clark, who is also known as the singing
State Trooper. It's really a wonderful ceremony if you can join them. There are a few
public meeting coming up. The EPA is holding a meeting to give the community
information about etO (Ethaline Oxide) which will be September 13th at 7:00 p.m. via
Zoom. The Zoom link is available on the City of Taunton website. There is also a couple
of public forums on the Leonard School property. Next Tuesday at the Council's
Committee Meetings there will be a public meeting with a presentation. Those meetings
begin at 5:30 p.m. There is a community meeting at Christ Community Church, North
Campus, located on West Britannia Street on September 14th at 10:00 a.m.
Communications {rom City Officers:
Com. from the Chief Financial Officer requesting to transfer funds from the Public Safety
Facility Stabilization account to a Capital Project account. Attached was a letter from the
Chief Procurement Officer outlining in detail the steps they took to hire the selected firm.
They are now preparing to issue a RFQ for an Architect for the design and construction
BID documents required to build a Public Safety Building. Motion was made to refer
pages 1-3 to the Committee on Finance and Salaries and invite the Chief Financial
Officer and the Chief Procurement Officer for this discussion. So voted.
Com. from the Chief Procurement Officer regarding the solicitation for the OPM
Services for Public Safety Building. During the RFQ process, thirty-seven (37)
prospective firms pulled the RFQ and eight (8) firms submitted a proposal. The
Evaluation Committee selected three (3) firms for a 2-hour interview. After conducting
the interviews and reviewing the information provided by the three firms, they selected
Project Planning Professionals as the OPM for the Public Safety Building. The proposed
summary was listed. Motion was made to refer pages 1-3 to the Committee on
Finance and Salaries and invite the Chief Financial Officer and the Chief
Procurement Officer for this discussion. So voted.
Com. from the Chief Financial Officer in regards to the MGL Chapter 41 Section 108P to
include Assistant Collector/Treasurer. This section allows a Municipality to compensate
the Collector Treasurer up to $1,000.00 in additional compensation for achievement of
certification with the Massachusetts Collector Treasurer's Association (MCTA). Julie
Venerus has attended the MCTA's annual school every year since 2006 and is certified in
both Collector and Treasurer. Motion was made to refer to the Committee of the
Council as a Whole. So voted.
Com. from the DPW Commissioner requesting to meet with DPW Sub-Committee on
September 13, 2022 to discuss proposed water and sewer rates for calendar year 2023 and
beyond. Presentations will be made in conjunction with Patrick Dello Russo, the City's
3
Chief Financial Officer. Motion was made to refer to the Committee on the
Department of Public Works. So voted.
Com. from the Assistant City Solicitor in regards to the Town of Berkley Water Line.
Attached was a proposed agreement for the further extension of the City of Taunton
water line into the Town of Berkley pursuant to a previously approved IMA agreement
between the City of Taunton and Berkley. The City was able to help three home owners
in Berkley that had poisoned wells. Also, attached was an addendum to the previously
approved IMA with respect to the sharing of costs pertaining to this project. He requested
that this matter be referred to the DPW Committee for a presentation. Motion was made
to refer to the Committee of the Department of Public Works and the Law
Department to be put on the agenda for September 20, 2022. So voted. On
discussion, Mayor O'Connell said that they are looking to get this done by September
20th. Councilor McCaul said this will be on the next agenda.
Communications from Citizens:
NONE
Petitions:
NONE
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:
Ordered That,
At a Committee to the Council as a Whole meeting of the Municipal
Council, held on August 23, 2022, the Municipal Council voted to accept Massachusetts
General Laws, Chapter 59 - Assessment of Local Taxes, Section 21A - Additional
compensation of assessors for courses of study. Motion was made to approve on a roll
call vote. On a roll call vote, nine (9) Councilors were present, nine (9) Councilors
voted in favor. So voted.
New Business:
Councilor Borges made a motion to invite Clean Air Taunton to the Committee on
Solid Waste for a presentation. So voted.
Councilor Borges said earlier today she made a motion to refer the discussion on the
OPM for the public safety building to the Committee on Finance and Salaries. Motion
was made to add to that motion to see if the Chief Procurement Officer could
provide the Council (all eight applicants and the three finalists) the criteria they
used to come to that conclusion, in addition to being there. So voted.
4
Councilor Pottier said the Fire Chief asked him to call for a Civil List for three hires.
Motion was made to refer the Civil Service list request to the City Clerk's Office. So
voted.
Councilor Pottier said the Fire Chief asked for a promotional list for a Deputy Chief, a
Captain and a Lieutenant based upon the pending retirement in the Department. Motion
was made to refer the request for a promotional list for a Deputy Chief, a Captain
and a Lieutenant to the City Clerk's Office. So voted.
Information only, Councilor Sanders made a request through the Mayor's Office that
people like to go walking at the Boyden Wildlife Refuge and with the closing of the city
office, there are no bathrooms available to anyone up there anymore. He would like to
know if there is something already in the works on how they might provide sanitary
services to folks who want to go spend time at the Bird Sanctuary. Mayor O'Connell said
it was to her understanding that they had some staff from IT over there who would let
people into the restrooms during the week. She doesn't know if it's just the week and not
the weekend. Councilor Sanders asked if they are there normal hours, like a 9a.m. to
5p.m. Mayor O'Connell said she would think it would be City hours. Busy times are
during the lunch hour, so they try to be there around that time.
Meeting adjourned at 7:21 P.M.
A true copy:
Attest:
JLL/KLD
5
CITY OF TAUNTON
MUNICIPAL COUNCIL
SEPTEMBER 6, 2022
....,
THE COMMITTEE ON FINANCE AND SALARIES __ , ~ ,
~~: ~ .. :~·~ ;~~
THE MEETING WAS HELD AT TAUNTON CITY HALL, 15 SUMMER STREET, AUNION, rofA, 027~
IN THE CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS ~ :~ . d, ·:;~r;
-< . .,,.,,
CC} :t u ..'.Z ri
PRESENT WERE: COUNCILOR PHILLIP DUARTE, CHAIRMAN AND CO!.WClhaRS P'-9TTIE~ij;ji
AND MCCAUL. I ;:., ~
0
MEETING CALLED TO ORDER AT 6:04 P.M.
1. MEET TO REVIEW THE WEEKLY VOUCHERS & PAYROLLS FOR CITY DEPARTMENTS
MOTION: MOVE APPROVAL OF THE PAYROLL WARRANT IN THE AMOUNT OF
$3,611,578.64. SO VOTED.
MOTION: MOVE APPROVAL OF THE ACCOUNTS PAYABLE WARRANT IN THE AMOUNT OF
$4,377,121.33. SO VOTED.
MEETING ADJOURNED AT 6:06 P.M.
Respectfully submitted,
CITY OF TAUNTON }l~~ {. Cick{~
SEP 0 6 2022 Maggie E. Clarke
Clerk of Council Committees
IN MUNICIPAL COUNCIL
ORTS ACCEPTED. RECOMMENDATIONS ADOPTED.
K~
6
CITY OF TAUNTON
MUNICIPAL COUNCIL
SEPTEMBER 6, 2022 -··
)11' ~ ····. ~.IJ I
~ji -0
~ -1.r:)
THE COMMITTEE ON ORDINANCES AND ENROLLED BILLS (" I Pl
-4 •. , co ....--
-< ~·- :;·J .....
THE MEETING WAS HELD AT TAUNTON CITY HALL, 15 SUMMER STREET, TAUf¥iON(MA,°1h780::;;8
IN THE CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS Yo'i .,.
~.
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N rti
PRESENT WERE: BARRY SANDERS, CHAIRMAN AND COUNCILORS DOONER AND MCCAUL
ALSO PRESENT WAS ATTORNEY PETER WINTERS.
MEETING CALLED TO ORDER AT 6:08 P.M.
1. MEET TO DISCUSS A REVISION TO THE CITY'S LICENSING ORDNANCE TO ADD BODYWORK
PRACTIONERS AND BODYWORK PERMIT APPLICANTS TO THE LIST OF LICENSEES WHO
MUST SUBMIT A CORI BACKGROUND CHECK IN ORDER TO RECEIVE A CITY LICENSE.
Councilor Sanders read a letter from Attorney Winters dated August 16, 2022 explaining the
requested ordinance revision. The letter explained that this would allow a more thorough
examination of applicants for bodywork licenses.
Attorney Winters further explained that the Board of Health and the Police Chief wanted to
regulate these practices that do not fall under state regulations for licensed massage
therapists for the health and safety of those who use these services and their employees.
He explained that this will allow the police to process a more detailed background check.
The regulations goes into effect October 11 so they would like to have this ordinance change
in place.
MOTION: LETTER TO BE PART OF THE RECORD. SO VOTED.
Councilor Dooner indicated that if this is a measure that is supported by the police
----~departmenUben she also supports it.
Councilor Sanders questioned which results of the CORI background check would be
problematic and how the City would use this information. Attorney Winters indicated that
the Police and the Board of Health would make the decision on whether or not to grant the
applicant a license. He indicated that this is one element of the application and that the
primary concern they are looking for is human trafficking, prostitution, or the like.
Councilor Mccaul questioned who would have access to this CORI information and Attorney
Winters indicated that the police would be holding this information and that the handling of
CORI records are governed by state law. Mr. Sanders emphasized that these are not licenses
that the City Council approves but, rather, Board of Health licenses.
7
PAGE TWO
SEPTEMBER 6, 2022
THE COMMITTEE ON ORDINANCES AND ENROLLED BILLS - CONTINUED
Councilor Pottier asked for clarification on which types of businesses this would apply to and
how many there are currently in the City. Attorney Winters explained that this applies to
massage, acupuncture, acupressure, and similar types of business but that chiropractors are
licensed separately. He further indicated that there are at least 4 currently in the City.
MOTION: MOVE APPROVE. SO VOTED.
Councilor Sanders requested that this be sent to the Law Department and to the City Clerk
to schedule a first reading.
ADJOURNED AT 6:21 PM.
Respectfully submitted,
CITY OF TAUNTON )Ni~i. (Ja-lu__
SEP 0 6 2022 Maggie E. Clarke
Clerk of Council Committees
IN MUNICIPAL COUNCIL
PORTS ACCEPTED. RECOMMENDATIONS ADOPTED.
~-'-LT,-RK~ If '¥-
Agenda
MUNICIPAL COUNCIL AGENDA
CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS
15 SUMMER STREET, TAUNTON, MA 02780
City Clerk's Office
SEPTEMBER 6, 2022 - 7 :00 PM Notice of Posting
INVOCATION
Time: ~ .·1J fl!J
ROLL CALL Date: q .J ·fj()) ~
RECORDS 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: NONE
COMMUNICATIONS FROM THE MAYOR
• Community Update
• COVID-19 Update
APPOINTMENTS
Appointment and Swearing in of One (1) Permanent Full Time Police Officer
• John T. Joyce
• Appointment of Andrew Dawley, 10 Craven Court, Taunton to the Board of
Directors for the Department of Human Services fulfilling the unexpired term of
Edward O'Brien expiring in August 2023
COMMUNICATIONS FROM CITY OFFICERS
Pg. 1 Com. from Chief Financial Officer - Requesting to Transfer Funds
Pg. 2-3 Com. from Chief Procurement Officer - OPM Services for Public Safety
Building
Pg.4 Com. from Chief Financial Officer - MGL Chapter 41 Section 108P to
include Assistant Collector/Treasurer
Pg.5 Com. from DPW Commissioner - Request to Meet with DPW Sub-
committee
Pg. 6-13 Com. from Assistant City Solicitor-Town of Berkley Water Line
COMMUNICATIONS FROM CITIZENS - NONE
PETITIONS - NONE
COMMITTEE REPORTS
UNFINISHED BUSINESS - NONE
ORDERS, ORDINANCES AND RESOLUTIONS
Ordered That,
At a Committee to the Council as a Whole meeting of the Municipal
Council, held on August 23, 2022, the Municipal Council voted to accept Massachusetts
General Laws, Chapter 59 - Assessment of Local Taxes, Section 2 IA - Additional
compensation of assessors for courses of study
NEW BUSINESS - NONE
Re~spe::l:b~tt~
Jennt't{r L. Lege/
City Clerk
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 Delio Russo, Jr.
CHIEF OF STAFF CHIEF FINANCIAL OFFICER
Ligia Madeira Gill E. Enos
DEPUTY CHIEF OF STAFF BUDGET DIRECTOR
August 29, 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,
Please be advised that I am appointing Andrew Dawley of 10 Craven Court in Taunton to serve
on the Board of Directors for the Department of Human Services. Mr. Dawley will be filling the
unexpired term of Edward O' Brien which will expire in August 2023.
Mr. Dawley is a mental health professional with many years of experience as the Chief Operations
Officer at Community Counseling of Bristol County. We look forward to his contributions to the
Department of Human Services.
Thank you for your consideration.
Mayor Shaunna O' Connell
City of Taunton
OFFICE OF THE MAYOR
City Hall· 15 Summer Street · Taunton MA 02780 · (508) 821-1000
MAYOR SHAUNNA O'CONNELL
Ed Co1Teira Patrick Delio Russo, Jr.
CHIEF OF STAFF CHIEF FINANCIAL OFFICER
Ligia Madeira GillE. Enos
DEPUTY CHIEF OF STAFF BUDGET DIRECTOR
September 2, 2022
Dear Council President Duaiie and Members of the Municipal Council,
The Finance Department is requesting a transfer from the Public Safety Facility Stabilization
account to a Capital Project account.
The Public Safety Facility Evaluation Committee has selected an Owner' s Project Manager
(OPM) to oversee this project. Included in this communication is a letter from our Chief
Procurement Officer outlining in detail the steps we took to hire the selected firm. We are now
prepa1ing to issue an RFQ for an Architect for the design and constrnction BID documents
required to build a Public Safety Facility.
In order to move forward in this process, we must secure the services of the OPM and Architect
under contract. Therefore, we respectfully request the transfer of the entire fund to the project.
We do intend to add monies to this project and expect much discussion with the Council in the
coming weeks and months as the process develops.
Thank you for your cooperation as we embai·k on this enormous unde1iaking which will have an
appreciable positive impact on the future of the City of Taunton.
Respej ully submitted,
I/Pk_____
Patrick D. Dello Russo Jr.
Chief Financial Officer
City of Taunton RICHARD CALDERON
PROCUREMENT DEPARTMENT Chief Procurement Officer
City Hall· 15 Summer Street· Taunton MA 02780 · (508) 821-1000
MAYOR SHAUNNA O'CONNELL PETER FARINHA
Purchasing Agent
August 30, 2022
Honorable Mayor O'Connell
Members of the Municipal Council
City Hall, 15 Summer Street
Taunton, MA 02780
RE: OPM Services for Public Safety Building
RE: RFQ # 23210001
Dear Mayor O'Connell and Members of the Municipal Council:
The City of Taunton has solicited Request for Qualifications (RFQ) for OPM Services for a Public Safety
Building.
Our Police Department has been housed in a "temporary" building for four decades. As staffing needs and services
provided have increased over the years, we have been constrained by space and other workplace concerns.
Although the Taunton Police Department has made numerous changes at their headquarters to accommodate staff,
they have reached full capacity. Some of our Fire Stations are also housed in old buildings that pose space
constraints and renovation concerns.
During the RFQ process, thirty-seven (37) prospective firms pulled the RFQ and eight (8) firms submitted a
proposal.
As Chief Procurement Officer, I selected the initial Evaluation Committee. The Evaluation Committee reviewed
eight (8) proposals and three (3) firms were selected for 2-hour interviews. After conducting the interviews and
reviewing the information provided by the three firms, the Evaluation Committee voted and selected Project
Planning Professionals as the OPM for the Public Safety Building.
I concurred with the decision of the Evaluation Committee. The RFQ was awarded to Project Planning
Professional, and a fee was negotiated with this firm. A contract has been executed. Below is a detailed
explanation of the process for this procurement.
PROPOSAL SUMMARY
1. Request for Qualification (RFQ) was published in the Taunton Daily Gazette and the MA Central Register in
addition to being posted on the City of Taunton Website and COMMBUYS (MA online procurement platform).
2. Technical specifications were posted on the City' s website via e-procurement on June 22, 2022.
3. Specifications were requested via www.taunton-ma.gov/bids by forty (40) prospective proposers.
4. Eight (8) proposals were received and technical proposals were opened publicly and recorded on July 27, 2022
at 10:00 a.m. by the Chief Procurement Officer and witness.
5. The Chief Procurement Officer selected the Evaluation Committee members and scheduled evaluation of the
eight (8) proposals on Tuesday, August 9 and Wednesday, August 10, 2022.
6. The Chief Procurement Officer established and emailed rules to the Evaluation Committee to guide the
evaluation of proposals.
7. The Chief Procurement Officer attended all evaluation meetings.
8. The Chief Procurement Officer tallied the Evaluation Committee scores on August 11 , 2022 and three finalists
were invited for a 2-hour presentation.
Pomroy Associates
Architectural Consulting Group
Project Planning Professionals
9. The Chief Procurement Officer attended all of the interviews.
10. The Evaluation Committee met to discuss the three finalists and made a recommendation to the Chief
Procurement Officer as to whom they selected as the OPM for the Public Safety Building.
11 . The Chief Procurement Officer reviewed the recommendation from the Evaluation Committee and concurred
with the Committee' s decision.
12. The Chief Procurement Officer call the awarded firm, negotiated a fee and sent the contract for execution of
signatures.
Professionally,
'Rd~~
Richard Calderon
Chief Procurement Officer
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 Delio Russo, Jr.
CHIEF OF STAFF CHIEF FINANCIAL OFFICER
Ligia Madeira Gill E. Enos
DEPUTY CHIEF OF STAFF BUDGET DIRECTOR
August 26th, 2022
Re: M.G.L. Chapter 41 Section 108P to include the Assistant Collector Treasurer
Dear Council President Duarte and Members of the Municipal Council:
As Chief Financial Officer for the City of Taunton it is my recommendation that the
Municipal Council include the Assistant Collector Treasurer in the provisions of
M.G.L. ch. 41s.108P.
This section allows a Municipality to compensate the Collector Treasurer up to $1,000
in additional compensation for achievement of certification with the Massachusetts
Collector Treasurer's Association (MCT A).
Julie Venerus has attended the MCTA's annual school every year since 2006 and is
certified in both Collector and Treasurer.
If you have any questions, please feel free to contact me.
Respectfully,
P tric . Dello Russo Jr.
Chief Financial Officer
City of Taunton, Massachusetts
DEPARTMENT OF PUBLIC WORKS
Anthony Abreau Fred J. Comaglia Mike Arruda
Assistant Commissioner Commissioner Water Superintendent
qa/g:Ba~ Katkmtte Nunes
Office Manager Fiscal Agent
To: Council President Phillip Duarte
Chairman John M. Mccaul
. ·~Members of the Dep.¢nt of Public Works Committee
Fm!m: Erea.comaglia, Commissioner
Date: August 31, 2022
Re: Request to meet with DPW Sub-Committee
Dear Council President Duarte, DPW Chairman Mccaul and Members of the Department of Public
Works Sub-Committee:
The Department of Public Works infrastructure team is requesting a meeting with the DPW
subcommittee for September 13, 2022 to discuss proposed water and sewer rates for calendar year
2023 and beyond. Presentations will be made in conjunction with Patrick Dello.Russo, the City's
Chief Financial Officier.
We thank you for your consideration of this request.
Crail C. Sherman Operations Center
90 Ingell Streel
Taunton, Massachusetts 02780
Telephone: (508) 821-1434
Fax: (508) 821-1437
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
September 1, 2022
Council President Phillip Duarte
Members of the Municipal Council
City of Taunton/City Hall
15 Summer Street
Taunton , Massachusetts 02780
Re : Town of Berkley - water line
Dear Council President Duarte and Members of the Municipal Council:
Attached please find a proposed agreement for the further extension of the City of
Taunton water line into the Town of Berkley pursuant to a previously approved IMA agreement
between the City of Taunton and Berkley. This project began with the goal of looping dead-end
lines that currently serviced parts of Berkley as well as replacing old undersized
pipes. Furthermore, the City was able to help three home owners in Berkley that had poisoned
wells. This agreement pertains to one portion of the total project and an additional agreement
with Waste Management is expected to be finalized for presentation to the Municipal Council in
the near future.
Also attached is an addendum to the previously approved IMA with respect to the
sharing of costs pertaining to this project. This side agreement is relevant to both the contract
with Berkley LO, LLC as well as the contract with Waste Management.
I would ask that this matter be referred to the DPW committee for a presentation.
A lot of hard work and effort went into this project on behalf of the City, by its DPW, the
Mayor's office as well as the Town of Berkley and Berkley LO , LLC.
Thank you.
H . aJr
Ia
omas P. Gay, Jr., ~ .
Assistant City Solicitor
TPG :tmg
Enclosure
AGREEMENT FOR WATER MAIN REPLACEMENT PROJECT
HOLLOWAY STREET, BERKLEY, MASSACHUSETTS
This Agreement is made and entered into this day of , 2022, by and
between the City of Taunton, a municipal corporation, with a principal place of business at City
Hall, 15 Summer Street, Taunton, Massachusetts acting through its Mayor with the approval of
the Municipal Council (hereinafter referred to as the "City") and Berkley LD, LLC, a
Massachusetts Limited Liability Corporation, with a principal place of business at 9 Manomet
A venue, Hull, MA 02045 (hereinafter referred to as "the Developer").
WHEREAS, the Developer desires and the City consents to the installation of an eight water
main to replace of the existing under sized six inch water main that will be abandoned in place
on Holloway Street in Berkley MA., from County Street to its end, of approximately 1,100 feet
in length, as shown on the plan dated October 2021 and prepared by Geosyntec Consultants for
Waste Management, said plan is hereby part of this agreement as Attachment 1;
WHEREAS, the Developer desires to have municipal water available for the development
known as Berkley Meadows (the Development) that will connect to the new water main in
Holloway Street; and
WHEREAS, the Developer desires to install said water line extension to service said
Development subject to the terms and conditions of this Agreement and pursuant to the plans
attached hereto as Attachment 2; and
WHEREAS, the City and the Developer wish to memorialize their agreement on this water main
replacement and extension project.
NOW, THEREFORE, be it known by all that the parties hereto agree as follows:
1. The Developer agrees to complete all the work necessary as shown on the plans to install a
water main from point A to approximately 1, 100 feet to point B as set forth above. The work
shall be in compliance with all Federal, State and local regulations for the installation of a
water main line, specifically, all the City regulations and will provide along the course of this
replacement and extension the appropriate stubs as will be shown on the final plans.
2. The Developer shall begin construction no later than October 17, 2022, providing the Town
of Berkley has issued the necessary permits, and continue the construction work
uninterrupted until the work is substantially complete. The work shall be deemed
substantially complete when the new water main is installed and all connections have been
transferred to the new main, and the new main is put into service. In the event the Developer
has not commenced construction by the date above, the City and the Developer shall meet to
agree upon a new schedule to complete the project.
1
3. The Developer shall complete construction in accordance with Item 2, weather permitting.
In the event more time is necessary due to weather or delay of materials, the Developer shall
verbally notify the City and follow-up with written notice of the delay and a proposed new
completion date.
4. The Developer must immediately notify the City at each stage when a section of the pipeline
in Holloway Street is complete, before it is tested and disinfected, prior to activation. The
testing and disinfection shall be in accordance with the City's water departments
requirements.
5. In the event the Developer does not complete the work within the time frame prescribed
herein, exclusive of any extensions granted pursuant to the provision above, the City may
assess as liquidated damages, a penalty of $500.00 per day until the work is completed.
6. If the City, in its sole judgement, has determined that The Developer has abandoned or has
not fulfilled its duties under this agreement, waiver of fees stated in said agreement will be
discounted dollar for dollar based on any additional costs incurred by the City.
7. The Developer shall commence and reach substantial completion for the work on Holloway
Street before beginning the work on the Development extension.
8. The City will not release the material for the Development until the work identified in item 1
on Holloway Street has reached substantial completion.
9. The Developer shall provide the City a performance bond. The Performance Bond shall be in
a form acceptable to the City; executed by a surety company duly authorized to do surety
business in the Commonwealth of Massachusetts and in the amount of $100,000. The Bond
shall act as security for the faithful performance of this Agreement and of its obligations
including payment ofliquidated damages, under this Agreement. The Bond shall be obtained
prior to the execution of the Agreement. The current power of attorney for the person who
signs for any surety company shall be attached to such bond. The Developer shall not
terminate the Performance Bond without the prior written consent of the City and such notice
shall be provided at least thirty (30) days prior to such proposed termination date.
10. The Developer is responsible for all costs of this work comprising labor, equipment rentals
and usage charges, fuel and those materials not being supplied by the City as specifically
listed in item 27. The Developer shall supply at no cost to the City all gravel, soils, asphalt,
culvert materials and concrete needed for the work.
11. The Developer shall be responsible for obtaining and associated costs of all necessary
permits and approvals, including any wetland filing and permits, and street opening permits,
from the Town of Berkley that may be required for this water main replacement and
extension project, prior to the start of construction.
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12. The Developer shall be responsible for any and all expenses for police details or traffic
management that may be necessary to insure that this work is safely performed and in
accordance with all State and local requirements; the City shall have no cost liability for
these expenses.
13. Developer shall be responsible for all costs and completion of roadway restoration on
Holloway Street that is disturbed as a result of construction of the project, as required by the
Town of Berkley. The city shall have no cost liability for this work.
14. In the event the Town of Berkley does not establish a requirement for the repair of the
roadways, then the Developer shall meet the requirements of the Inter-Municipal Agreement
between the City and the Town of Berkley governing water operations. The requirements are
stated next. "Whenever it is necessary to excavate a town roadway to work on the
waterworks system, the Seller shall only be required to provide both a temporary and a
permanent patch of the roadway surface. "
15. Developer shall be responsible for all costs of crossing the water main under the culvert,
including but not limited to, restoration or replacement of the culvert. The City shall have no
cost liability for this work.
16. The Developer shall provide an engineered plan, at no cost to the City, for the water main
and appurtenances in the Development for approval by the City.
17. The Developer shall provide the City at the completion of construction, an as-built document
for all pipe facilities constructed, including tie points to all below ground assets.
18. The Developer shall provide a utility easement forthe pipeline and appurtenances installed in
the Development.
19. The City is a tax exempt municipality. The Developer must purchase all incidental pipeline
materials that the City has not supplied as detailed in item 27-6, but for which the City is
responsible. The Developer may seek reimbursement for these costs and is authorized to use
the City's Tax Exemption certificate for these items. The City will not reimburse any sales
taxes, whatsoever.
20. The Developer shall maintain a detailed listing and all invoices for materials purchased for
which reimbursement from the city is requested. All bills shall be submitted within one
month following the completion of the work.
21. The Developer will at all times maintain all-purpose liability insurance in the minimum
amount of One Million Dollars naming the City of Taunton as an additional insured.
Evidence of such insurance being in effect will be required. Developer shall also require that
any contractors or subcontractors, regardless of tier, that are employed by the Developer to
implement the work of this agreement shall maintain worker's compensation insurance and
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liability insurance, naming the City of Taunton as an additional insured. Evidence of such
insurance being in effect will be required.
22. The Developer shall be responsible to notify the City a day in advance to arrange to pick up
any materials in possession of the City. The pipe is now stored at Water Treatment Plant in
Lakeville.
23. Ownership of all materials provided to The Developer by the City shall remain the property
of the City and shall be used exclusively on this project. The Developer shall return any
unused materials supplied by the city no later than the completion of construction.
24. At the conclusion of construction, the Developer shall certify in writing that all materials
supplied by the City were used exclusively in this project.
25. At least ten days before construction is planned to start, the Developer shall meet with the
city to coordinate activities. The City will send out a letter to all existing water customers
that will be affected by the project explaining what will be happening along with the
schedule.
26. Developer must notify all residents on Holloway Street with door hangers or personal
notification, two days in advance, whenever the water service to the residential unit will be
interrupted due to the work, including transfer of services to the new pipe.
27. The City of Taunton shall undertake the following:
A. The City will be responsible for providing an engineered plan for the work on
Holloway Street.;
B. The City shall provide inspection services for the work;
C. The City, will purchase certain materials required forthe water main replacement and
extension project. Specifically The City shall purchase and supply the following
materials required for the water main replacement and extension to the Development;
sufficient quantity of eight inch, ductile iron pipe and fittings, fire hydrant assemblies,
eight inch valves, pipe wrap and miscellaneous pipe related materials.
D. The compensation to the Developer for the installation of the replacement water line
on Holloway Street shall be as follows:
a. The city agrees to waive all city water department fees forthe Development, for
up to 12 residential lots, that will be connected to the water distribution system.
This fee waiver shall comprise the new connection capital improvement fee, the
connection fee, and the meter fee. The City will waive the Meter Fee but the
Developer will be responsible forthe cost of the water meter assemblies that the
City will install at no cost to The Developer.
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II
b. The City will, purchase and supply the following materials required for the water
main extension to the subdivision; approximately 500 feet of eight inch, ductile
iron pipe and fittings, one fire hydrant assembly, three eight inch valves, twelve
curb boxes, pipe wrap and miscellaneous materials.
c. In consideration of the public benefit of municipal infrastructure, the City agrees
to this project in accordance with City Ordinance Chapter 250-17, but in no event
may the city costs for items (a.) and (b.) preceding, exceed the savings to the city
as a result of the project.
AGREED TO AND SIGNED THIS ~~~-
DAY OF -~~~~~~~~
, 2022.
Berkley LD, LLC City of Taunton
By: By:
Lettie E. Bouldoukian, Manager Shaunna 0 'Connell, Mayor
5
City of Taunton
LAW DEPARTMENT
15 Summer Streei
Taunton, Massachusetts 02780
Phone (508) 821• I036 Facsimi le (508) 82 1- 1397
Shaunna O'Connell Peter F. Winters, Esq.
MA'(OR 1'. IRS'.1' ASSi°. CJTY ~Ol.IClTOR
MatthewJ. Costa, Esq. Thomas P. Gay, Jr., Esq.
CITY S LICITOR Sf:CONO ASST. CITY SOLi 'ITOR
David T. Gay, Esq.
SP. AS!>i. CIT\' SOl.ICITOR
Town of Berkley
Attn: Heather Martin"Sterlin~j", Town Administrator
1 'North Main Street
Berkley~ Massachusetts 02779
Dear Ms. Martin.-Sterling:
The IMA between the Town of BerJdey (rown) and the eity of Taunton (City) on water
issues~ has been fully executed. Subsequent to the IMA being finalized, the Town and
the C.ity nave reached agreement on -~- plan to replace the underS,iZf3d ~ix inch water line
on HoUow~w Street, ei!ddressed in Appendix A to the IMA. We requesttnat this letter
serve to memorialize. our agreement relative to cost assignment for certain activities that
the Town has agreed to be financially responsible for in completing this work and
certain work on County Street. The, Town has agr~ed to.be responsible for payment of
~he· fqlJ9W.ing: ·
1. Tt1e cost of police details for all.work performed on Courtty Street and the
undersized pipe repla~rn~nt section on Holloway Street;
2. The cost ofthe culvert replacement on HoJioway Street; and
3. AU pavement repairs, both temporary patphing and final paving on Holloway
~treat following installation ofthe new .wate'r main.
Th~ City i.n~end.s to ehter into ~n ~gre,eroenJ with l\{lalJock C(lilstryctitm Of Berkley ~o
replace the.undersized pipe in Hoiloway Street. The.ctilvert will be replaced and the
town Will make arrangements .directly with Matlock Construction to reimburse the cost
. .
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Page 2 April 8, 2022
Town of Berkley
Attn: Heather Martin-Sterling, Town Administrator
of the culvert work.
Pl.ease sign below in order to confirm that the Town of Berkley agrees to the foregoing
terms and conditions, and return a copy to my attention.
Sinc:erely;
~n . ~
Matthew J . ~a, City Solicitor
Agreed to by the Town of Berkley, MA by the City of Taunton, MA
By its B.oard of Selectm.en
s:\berkley • im:a -water\Jetler fo berkley on.suppiemental agr~ements +7-20224QCX
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SEPTEMBER 6, 2022 - }~-,
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HONORABLE SHAUNNA L. O'CONNELL, MAYOR
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COUNCIL PRESIDENT PHILLIPE. DUARTE
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AND MEMBERS OF THE MUNICIPAL COUNCIL
PLEASE NOTE: THE FOLLOWING COMMITTEE MEETINGS HAVE BEEN SCHEDULED FOR
TUESDAY, SEPTEMBER 6, 2022 AT 6:00 P.M. AT TAUNTON CITY HALL, 15
SUMMER STREET, TAUNTON, MA, 02780 IN THE CHESTER R. MARTIN
MUNICIPAL COUNCIL CHAMBERS
6:00 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 "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 ON ORDINANCES AND ENROLLED BILLS
1. MEET TO DISCUSS A REVISION TO THE CITY'S LICENSING ORDNANCE
TO ADD BODYWORK PRACTIONERS AND BODYWORK PERMIT
APPLICANTS TO THE LIST OF LICENSEES WHO MUST SUBMIT A CORI
BACKGROUND CHECK IN ORDER TO RECEIVE A CITY LICENSE.
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,
/~~c~
Maggie~ C~rke
Clerk of Council Committees
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