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City Council

Regular Meeting

Taunton, MA · November 15, 2022

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Minutes

City of ri'aunton 9.1.unicipa{ Counci{9.1.eeting 9.1.inutes City Jfa{{, 15 Summer Street, ri'aunton, 9.1.)f In the Chester~ 9.1.artin 9.1.unicipa{Counci{ Cham6ers - 9.1.inutes, Novem6er 15, 2022 at 7.·03 O'cfock,CP.9.1.. ~gufar :Meeting :Mayor Shaunna L. O'Conne{[presitfing <Prayer was offerea 6y the :Mayor <Present at ro{[ ca{[were: Councifors Cl'oste{[, Quinta~ Cl'ottier, :McCau~ <Duarte ana <Dooner Councifors Sanders, Coute ana (]Jorges was a6sent. Record of preceding meeting was read by title and approved. So voted. Opportunity for input by the general public. THS DECA, 50 Williams Street explained "Miles for MDA" fundraiser. DECA is sponsoring for MDA. Joseph Kazlauskas, this year's President of the Taunton High DECA introduced himself. He said last year they raised $18,000.00 for muscular dystrophy. About six-months ago they hoped to take one last step in gaining an extra $3,000.00 but came out with $11,000.00 which was a win win. They originally were in 2nd place but kept their foot on the peddle and raised the additional $11,000.00. They pulled together and leaned on their community to get them over the finish line. Individuals and small businesses around the City pulled out the stops to help them get to first place. Their teamwork and dedication was a win for their Chapter, their City and most importantly for muscle dystrophy. He then introduced the special events team Giovanna Guarino and Gabe Leskoski. Gabe spoke about the annual "Miles for MDA" fundraiser event they are hosting this weekend, Sunday, November 201h. This will be on the Taunton High football field and track. It's open to all Taunton community members. There will be games and clubs on the turf. Giovanna said there will be a $25.00 donation to enter. Online donations can be made at https://www.thsdeca.com/ in the amount that is most convenient for you. Checks can also be made out to Muscular Dystrophy Association. Mayor O'Connell said this is definitely a fun time for everyone. The DECA students presented Mayor O'Connell an award for her and the Councils help on behalf of the Taunton High DECA team. Hearings: On the petition submitted by James Zuber, 20 Crystal Lane, Taunton for the issuance of a Kennel License per City Ordinance Section 3-24 to allow a Grade 1 (4-6 Dogs) Kennel License for Personal use/dogs, NOT BUSINESS USE to be located at 20 Crystal Lane, Taunton. Motion was made to open the public hearing and invite the interested parties into the enclosure. So voted. The City Clerk read the communications. Com. from the Animal Control Officer submitting a positive recommendation. Motion was 2 made to make communication part of the record. So voted. Com. from Timothy Donovan, 112 Lothrop Street, Taunton expressing opposition. Motion was made to make communication part of the record. So voted. A map of location was submitted. Mr. Zuber explained his interest in having a personal Kennel License. He originally had three dogs, then adopted a fourth dog not knowing there was a limit on the number of dogs they were allowed to have. Their dogs are just living like pets. After finding out they need a Kennel License to have four dogs, they came to the Council to see if they can keep their fourth dog. The Animal Control Officer did go to their property and gave a positive recommendation. Councilor Postell asked Mr. Zuber if all the dogs are registered with the Clerk's Office. Mr. Zuber said yes except the fourth dog because they found out they needed the Kennel License for the fourth dog. All the dogs are up to date with their shots and all needed paperwork has been given to the City Clerk. Councilor Pottier asked if all these dogs are spayed/neutered. Mr. Zuber replied by saying yes. Councilor Pottier asked if they anticipate doing any breeding on the premises. Mr. Zuber said they have no desire to breed dogs. Councilor Pottier asked if the property is fenced in. Mr. Zuber said yes the property is fenced in. Councilor Pottier asked if the dogs are indoor or outdoor dogs. The petitioners said indoor and they only go out to potty and play. Councilor Pottier asked if they are outside for long periods of time. Mr. Zuber said no. Motion was made to open public comment. So voted. Nobody was present to speak. Motion was made to close public input and grant the Kennel License. So voted. Motion was made to close the public hearing. So voted. Communications from the Mayor: Mayor O'Connell congratulated our Bristol Plymouth cheerleaders. They won the 2022 Fall Game Day State Championship. That means they have now won back to back State Championships. It's a lot of work, practice and hours on their part. They are very proud of them. They thanked our local Veterans groups for the wonderful ceremonies they put on for Veteran's Day and bringing the community together to honor all of those who have served this great nation. Also, a thanks to the Taunton High School JROTC for participating as well, along with our Veterans Department here at City Hall. Next Saturday, November 26th is Small Business Saturday. They urge and encourage everyone to go out and shop locally. The small businesses here in Taunton do a lot for our community. It would be wonderful to see everyone patronizing their stores and giving back to them as well. Lights On is our next big event coming up. This will be the 109th lighting of the Green. This will be Saturday, December 3rd from 12:00 p.m. to 8 p.m. The parade will be the next day, Sunday, December 4th beginning at 12:00 p.m. As a reminder, Christmas parade baskets are on display on the 2nd floor at City Hall. This helps fund the Christmas parade. Appointments: NONE Communications from City Officers: Com. from the Assistant Executive Director of Retirement notifying of a revised retirement for Frederick Bolton, III, an employee of the Taunton Police Department. His new retirement date is now November 16, 2022 with 32-years and 5-months creditable service. Motion was made to receive and place on file and send the appropriate scroll with the Council's thanks. So voted. 3 Com. from the Assistant Executive Director of Retirement notifying of retirement for Randy DeMello, an employee of the Taunton Police Department. His retirement date will be on November 25, 2022 with 37-years and IO-months creditable service. Motion was made to receive and place on file and send the appropriate scroll with the Council's thanks. So voted. Com. from the Safety Officer, Taunton Police Department submitting a response about replacing the flashing light at the intersection of Cohannet Street and Warner Boulevard. At this time he is happy to report that the flashing light has been replaced. Motion was made to receive and place on file and extend their appreciation. So voted. Com. from the City Solicitor submitting an Xfinity correspondence dated October 26, 2022 giving an update that the programming network G4 notified its employees that it is ceasing operations effective October 17, 2022. It is to their understanding that G4 will continue transmitting programming until November 14, 2022 and will continue to carry it until such date. Motion was made receive and place on file. So voted. Com. from the Chairman of the Taunton Planning Board notifying of a meeting and public hearing for the property at 122 Winter Street and Prop. I.D. 48-49, 48-50, 56-2 for the construction of a 4-story mixed use building with 36-residential units and one 600 sq. ft. commercial/office space, submitted by JLJ, LLC. The DIRB will review on Tuesday, November 22, 2022 at 9:30 a.m. in the Taunton Planning Board Office at 141 Oak Street and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 p.m. at City Hall on 15 Summer Street. Motion was made to receive and place on file. So voted. Com. from the Chairman of the Taunton Planning Board notifying of a meeting and public hearing for the property on Joseph I. Quinn Road, Parcel I.D. 9-2-0 to allow a 1,344 free-standing illuminated sign on a vacant lot with 2-gravel parking spaces and a request for a 50% waiver of landscaping buffers for front, side and rear, submitted by J & J Outdoor Media, owned by Reva Realty Norton, LLC. The DIRB will review on Tuesday, November 22, 2022 at 8:45 a.m. in the Taunton Planning Board Office at 141 Oak Street and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 p.m. at City Hall on 15 Summer Street. Motion was made to receive and place on file. So voted. Com. from the Chairman of the Taunton Planning Board notifying of a meeting and public hearing for the property on Robert W. Boyden Road, parcel I.D. 18-43 for the construction of a 7,500 sq. ft. building for an innovation custom repair and restoration company with 10-parking spaces and related site improvements, submitted by Fault Lines Kustoms, LLC owned by Scott Wessels. The DIRB will review on Tuesday, November 22, 2022 at 8:30 a.m. in the Taunton Planning Board Office at 141 Oak Street and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 p.m. at City Hall on 15 Summer Street. Motion was made to receive and place on file. So voted. Com. from the Chairman of the Taunton Planning Board notifying of a meeting and public hearing for the property at 397 Winthrop Street to modify an existing approval by adding vehicle transportation service with 28-spaces (4,032 sq. ft.) of outdoor storage vehicle/equipment storage, a reduction to 66-vehicle display spaces, 8-customer parking 4 spaces for an auto sales use, submitted by Astor Transportation LLC, owned by 397 Winthrop Street, LLC. The DIRB will review on Tuesday, November 22, 2022 at 9:15 a.m. in the Taunton Planning Board Office at 141 Oak Street and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 p.m. at City Hall on 15 Summer Street. Motion was made to receive and place on file. So voted. Com. from the Chairman of the Taunton Planning Board notifying of a meeting and public hearing for the property at 5 Hill Street and a portion of parcel I.D. 66-551 to add 16-parking spaces, dumpster area, 1,500 sq. ft. outdoor storage area, submitted James Dorsey, Jim Dorsey & Son Inc. The DIRB will review on Tuesday, November 22, 2022 at 9:00 a.m. in the Taunton Planning Board Office at 141 Oak Street and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 p.m. at City Hall on 15 Summer Street. Motion was made to receive and place on file. So voted. Com. from the City Solicitor regarding Section 383-15 of the City Ordinances regarding snow and ice removal by property owners abutting sidewalks. A copy of the ordinance was submitted with the letter. Based on details given, the City Ordinance regarding snow and ice removal should be revised to (1) specify that snow and ice removal is the responsibility of the owner (and delete references to tenants and occupants); and (2) specify the width of sidewalks that must be cleared. Another aspect of the Ordinance the Council may, in its discretion, wish to review is whether to expand the zoning districts where owners must remove snow and ice from sidewalks from the present Business and Central Business Districts to others, such as Highway Business, Urban Residential, etc. Motion was made to refer to the Committee of the Ordinances and Enrolled Bills. So voted. Com. from Mayor 0' Connell providing an update about the Mashpee Wampanoag Tribe. On October 24, 2022 the Gaming Authority advertised two RFP's for an Owner Representative and for Construction Management. The statements by the Tribe were provided. The City is also in communication with legal counsel for the Tribe in facilitating the payments due to the City under IGA Agreement previously signed. They will continue to provide updates as needed. Motion was made to receive and place on file. So voted. Com. from the City Solicitor requesting to meet in Executive Session on November 15, 2022 to review an investigation/potential litigation with the City Solicitor and the Chief Financial Officer. The reason for the request to have in Executive Session on November 15, 2022 is that it is a time sensitive matter. Motion was made to refer to the end of this evenings meeting. So voted. Communications from Citizens: NONE Petitions: Special Permit Petition submitted by Attorney Brianna Correira, Correira Law Office, PLLC, 123 Broadway, Taunton on behalf of her client Astor Transportation, LLC, 170 Gore Road, Revere, MA 02151 for a Special Permit for a 4,032 sq. ft. Truck Terminal Use in conjunction with the existing 66 vehicle auto sales use at 397 Winthrop Street located in 5 the Highway Business District. Motion was made to refer to the City Clerk for scheduling of the public hearing. So voted. Host Community Agreement - NEW Application submitted by Vanessa Jean-Baptiste, Legal Greens, LLC for a NEW Host Community Agreement for a Marijuana Delivery establishment to be located at 138 Broadway, Taunton. The City Clerk stated they are going to move this to next week's meeting. The applicant gave them the wrong address for the location so they want to move it so everyone has the correct information. No motion was taken. 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: Ordinance for a third reading to be ordained on a roll call vote AN ORDINANCE ARTICLE III. STOPPING, STANDING AND PARKING Sec 405-53. Prohibited parking places. Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-53 of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by retracting the existing section pertaining to Lakeview Ave. and adding thereto the following: Lakeview Ave., the North East Side starting at the intersection with Bay Street, North to the Split in Lakeview Ave., approximately 450 feet in length. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Motion was made to ordain on a roll call vote. On a roll call vote, six (6) Councilors were present, six (6) Councilors voted in favor. Councilors Borges, Coute and Sanders were absent. So voted. Motion passed. Ordinance for a second reading to be passed to a third reading AN ORDINANCE REVISING OFF STREET PARKING CHAPTER405 ARTICLE VI PARKING METERS 6 Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-83 through 85 of the Revised ordinances, as amended, is hereby further amended by deleting Section 405-83 through 85 and replacing them as follows. That Section 405-83 be amended as follow: Section 405-83 Off Street Parking A. The City of Taunton Parking Commission shall establish rules for off-street parking for all municipally owned parking lots and facilities, to include parking passes and hours of operation. B. The City of Taunton Parking Commission shall set rates for parking and electric charging stations at all municipally owned parking lots in the City of Taunton, subject to approval of the Municipal Council. C. Vehicles illegally parked in a permitted location within a municipally owned parking lot or facility will be subject to a fine and towing at the owner's expense. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Motion was made to pass to a third reading. So voted. Ordinance for a first reading to be passed to a second reading AN ORDINANCE ESTABLISHING DEPARTMENTAL REVOLVING FUNDS Chapter 40 FINANCE Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: SECTION 1. Chapter 40 of the Revised Ordinances of the City of Taunton, as amended, is hereby further amended by adding a new section 5.2 to Article VIII, as follows:-- 5.2 School Department 5.2.1 Fund Name. There shall be a separate fund called the Student Computer Revolving Fund for the use of the School Department. 5.2.2 Revenues. The City Auditor shall establish the Student Computer Revolving Fund as a separate account and credit to the fund all monies and fees paid by or on behalf of students of the Taunton Public Schools for replacement or repair of student-issued computers and computer accessories. The term "computer" for purposes of this Ordinance is inclusive of laptops, tablets, and other portable computing devices. 7 5.2.3 Purposes and Expenditures. During each fiscal year, the School Department may incur liabilities against and spend monies from the Student Computer Revolving Fund for expenses of acquiring, repairing, replacing, and maintaining of student- issued computers and computer accessories. Salaries or wages of employees shall not be paid from the fund. 5.2.4 Reports. Within 10 days of the end of each quarter of the fiscal year, the Superintendent of Schools, or the Superintendent's designee, must provide the School Committee and the City Auditor with a report of the revenues and expenditures of the Student Computer Revolving Fund during the month and fiscal year to date. 5.2.5 Fiscal Years. The Student Computer Revolving Fund shall operate for fiscal years that begin on or after July 1, 2022. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Motion was made to pass to a second reading. So voted. New Business: Councilor Pottier made a motion to refer to the Safety Officer speeding concerns on Granite Street, between Hodges and Tremont for an investigation. So voted. Information only, Councilor Pottier spoke about Deep Pond Farm and Stables in East Taunton has an event coming up for a number of weeks through the Christmas season which also includes selling Christmas Trees and there may be some challenges with granting a permit. Mayor O'Connell stated this has already been resolved and they are able to move forward. Councilor Pottier expressed he was happy to hear this and gave a recommendation to stop by this event sometime around the 25th for their grand opening. Councilor McCaul made a motion to have the Safety Officer go to Liberty Street to look at providing speed limit signs (there is currently only one speed limit sign on Liberty Street) and also look into setting up a radar tracker. He also would like a Police Officer to post on Liberty Street from the times of 6:00 a.m. to 8:00 a.m. and from 3:00 p.m. to 6:00 p.m. to monitor the speeding. So voted. Motion was made to go into Executive Session and not come back to Open Session on a roll call vote. On a roll call vote, six (6) Councilors were present, six (6) Councilors voted in favor. Councilors Sanders, Coute and Borges were absent. So voted. Motion passed. Meeting adjourned at 7:31 P.M. A true copy: Attest: Cf./,a~ JLL/KLD Ci Clerk '7- 8 City of Taunton Municipal Council November 7, 2022 lGII NO~ - 8 A \(): 5 l The Committee of the Council as a Whole The meeting was held at Taunton City Hall, 15 Summer Street, TauntonrMA &?-\I~~ in the Chester R. Martin Municipal Council Chambers. -·-- -·- ~-- ·· 1 1 Present were Councilor Phillip Duarte, Chairman and Councilors Dooner, Borges, McCaul, Pottier, Coute, Sanders, Quintal, and Postell. The meeting was called to order at 7:47 AM. 1. Meet to discuss the standard operating procedure for Municipal Council professional appointments. Councilor Duarte read a joint communication from the Law and Human Resources Departments on the revised Standard Operating Procedure for Council Appointments. This communication advised against automatically advancing internal applicants to finalist positions, recommended that the Mayor or the Mayor's designee should have a vote on the screening committee, and that final interviews be held as discreetly as possible. MOTION: Make the letter part of the record. So voted. Councilor Pottier indicated that he appreciates the concerns of the Law and Human Resources Departments around the third item, having the interviews in public. As far as the second item, he believes that the Council would take the input of the Mayor under advisement. He also believes that advancing internal candidates would not guarantee that they will be hired but it will be good for morale in the City. Councilor Sanders emphasized the importance of consistency and suggested that final interviews be handled similar to the process used when hiring Police and Fire. This would be part of a public meeting but in a separate room on a separate night. He further emphasized that Council appointments be handled from start to finish by the Council. However, any input from the Mayor or administration would be welcomed. Councilor Postell emphasized that the final interviews should be held as part of an open, public meeting but he indicated that he is not concerned with the meeting being televised. Councilor Coute stated that this process may undermine the goal of hiring the most qualified candidate. He emphasized that leaving the Mayor out of the candidate selection is a bad process. Councilor Duarte explained that the intention is to operate within the parameters of the existing City Charter. 9 Page Two November 7, 2022 The Committee of the Council as a Whole - Continued Councilor Dooner suggested that the Council is only interested in partnership when it is a mayoral appointment, but not the other way around. Councilor Sanders pointed out that the letter only said there "may" be negative impact. Further, he suggested that not everyone might agree that this is a bad process. That will be determined by the voters when the time comes for a vote. Councilor Coute asserted that Massachusetts Department of Revenue said it is a bad process and they are the subject matter experts. Councilor Borges expressed her support for the policy as it had been presented on November I. Councilor Postell asserted that this has nothing to do with the current Mayor but is looking forward to the future. He encouraged Councilors not personalize this as it's not about any one particular person, but rather, it's about the position and the authority. Councilor Dooner emphasized that it does not make sense for the Council to be appointing people who they do not oversee. Councilor Coute stated that the Massachusetts DOR does not personalize. They are the experts and have said that this is a bad process. Councilor McCaul expressed his support for the suggestions from the Law and HR Departments. He suggested that interviews should be kept quiet for the privacy of the applicant. Councilor Pottier made the following motion: MOTION: Adopt the policy with an amendment to item #12 that the Municipal Council President places the finalists on a special agenda of the Committee of the Council as a Whole for non-televised interviews by the Municipal Council. Councilor Postell suggested the Council work to move .the charter forward. Councilor Coute suggested that the Council fix something right now without waiting for the charter and have the Mayor as an integral part of the process. Councilor Duarte pointed out that in these cases, the Mayor may supervise someone but only the Council can terminate that employee. 10 Page Three November 7, 2022 The Committee of the Council as a Whole - Continued A vote was taken on the motion on a roll call: Councilors Borges, Pottier, Sanders, Postell, and Duarte voted in favor. Councilors Dooner, McCaul, Coute, and Quintal voted against. The motion passed on a 5-4 vote. The meeting adjourned at 8:23 AM. , Respectfully submitted, CITY OF TAUNTON NOV· 15 2022 »1"'-'~ z Uet/c1'-'---- Maggie E. Clarke IN MUNICIPAL COUNCIL Clerk of Council Committees tt-p- RE ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. 'I 11 ~ECEl\f El.1 City of Taunton ·...· •... i " • S. i':f Fl G£ Municipal Council November 15, 2022 rnn NOV I b p 2: 23 The Committee on Finance and Salaries :nut MA The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 irt'1fer CtfltK Chester R. Martin Municipal Council Chambers. ··--·--- · Present were Councilor Phillip Duarte, Chairman and Councilors Pottier and McCaul. Also present were CFO Patrick Della Russo and Budget Director Gill Enos. The meeting was called to order at 5:30 PM. 1. Meet to review the weekly vouchers and payrolls for City departments. MOTION: Approve the payroll warrant in the amount of $4, 199,298.94. So voted. MOTION: Approve the accounts payable warrant in the amount of $5,539,142.53. So voted. 2. Meet to review requests for funding/transfers. a. Request from the Superintendent of Buildings to fund $25,000 to account 01-493-5100- 5109. MOTION: Approve the request and transfer $25,000 from the reserve account (01-132- 5200-5784) to Public Buildings (01-493-5100-5109). So voted. 3. Meet with the CFO and Human Resources Director to discuss executive office salaries. This item was held until next week. 4. Meet with the CFO and Budget Director for quarterly, capital, and ARPA update. Patrick Dello Russo and Gill Enos gave a presentation to the Committee. This included an update on the Capital Improvement Plan (CIP) where it was reported that $8 Million in roads were completed in the last two years, vehicles were replaced, and the water meter and sewer main projects are under contract. Councilor Pottier asked if this was over and above Chapter 90 monies and Mr. Della Russo confirmed it was. The update on ARP A funds showed that there are improvements being made every day across all allowable expenditures. Councilor Pottier asked if these monies must be spent this fiscal year or if they can be carried over and Mr. Enos indicated that they can be carried forward. 12 Page Two November 15, 2022 The Committee on Finance and Salaries - Continued Mr. Dello Russo and Mr. Enos gave an update on revenues and showed that investment earnings are doing well. They have begun a program where banks compete for the City's funds. They also reviewed expenses and conveyed that General Government has spent or encumbered 35%. Councilor Pottier asked ifthere were inflationary concerns particularly around utility costs and Mr. Enos indicated that those concerns had been addressed in the supplemental budget. Public Safety expenses were falling in line with expectations with spending at about 24%. Public Works and Buildings expenses were at about 45% with approximately $3 Million tied up in purchase orders to contractors. Health and Human Services I Culture and Recreation saw expenses in line with goals at about 29%. Fixed costs are approximately 21 % spent as of 9/30/22. Mr. Dello Russo happily reported the City's achievement of a AA+ bond rating and relayed that Taunton is the first City in the Southeast region to do so. Councilor Pottier requested that Sand P's analysis be shared with the Council. He indicated that this is a great accomplishment that will decrease debt service down the road. Councilors McCaul and Duarte also shared their praise of the achievement of the AA+ bond rating. The meeting adjourned at 5:53 PM. Respectfully submitted, CITY OF .TAUNTON li~ [ C/A:~(z__ NOV 15 2022 Maggie E. Clarke Clerk of Council Committees IN MUNICIPAL COUNCIL REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. 13 City of Taunton Municipal Council November 15, 2022 lUIZ NOV t b P 2: 23 The Committee of the Council as a Whole The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA Ollfil1~Tt1idSLEN\ Chester R. Martin Municipal Council Chambers. -·- Present were Councilor Phillip Duarte, Chairman and Councilors Dooner, McCaul, Pottier, Quintal, and Postell. Councilors Borges, Coute, and Sanders were absent. The meeting was called to order at 6: 01 PM. 1. Meet to discuss the proposed Host Community Agreement for Medicine Man Solutions, LLC for a marijuana retail establishment at 597 Winthrop Street. Councilor Duarte read a communication from Haskell Kennedy requesting that the meeting be postponed until November 22. MOTION: Postpone until November 22. So voted. 2. Meet to discuss public input. This item was held until next week due to the absence of three Councilors. The meeting adjourned at 6:02 PM. Respectfully submitted, CITY OF TAUNTON NOV 15 2022 ~t: C!Atl--V Maggie E. Clarke IN MUNICIPAL COUNCIL Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. 14 CITY OF TAUNTON ORDER#9 FY 2023 ~ ~ C~ . . . . . . . . . . .~.?..~.~~-~~-~-~:. ~~::......... 20.............. THE SUM OF TWENTY FIVE THOUSAND AND ZERO CENTS ($25,0~0.00) BE AND HEREBY IS TRANSFERRED FROM RESERVE ACCOUNT NO. 01-132-5200-5784 TO: PUBLIC BUILDINGS ACCOUNT NO. 01-493-5100-5109 ................................................................. Ck£.

Agenda

MUNICIPAL COUNCIL AGENDA CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS 15 SUMMER STREET, TAUNTON, MA 02780 NOVEMBER 15, 2022 - 7:00 PM INVOCATION City Clerk's Office ROLL CALL Notice of Posting RECORDS Time: // -'JJ flm PUBLIC INPUT Date:_llj./Q/;.tk_ • 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 • Comments should be addressed to the body as a whole, pertain to the business of the City, and not be personal in nature 1. THS DECA, 50 Williams Street - Explaining "Miles for MDA" Fundraiser DECA is sponsoring for MDA HEARING: On the petition submitted by James Zuber, 20 Crystal Lane, Taunton for the issuance of a Kennel License per City Ordinance Section 3-24 to allow a Grade 1 (4-6 Dogs) Kennel License for Personal use/dogs, NOT BUSINESS USE to be located at 20 Crystal Lane, Taunton. • Com. from Animal Control Officer - Submitting a Recommendation • Com. from Timothy Donovan, 112 Lothrop Street, Taunton - Expressing Opposition • Map of Location COMMUNICATIONS FROM THE MAYOR • Community Update APPOINTMENTS - NONE COMMUNICATIONS FROM CITY OFFICERS Pg. 1 Com. from Assistant Executive Director of Retirement-Notifying of a Revised Retirement Pg.2 Com. from Assistant Executive Director of Retirement - Notifying of a Retirement Pg.3 Com. from Safety Officer, Taunton Police Department - Submitting a Response Pg. 4-5 Com. from City Solicitor - Submitting Xfinity Correspondence Pg.6 Com. from Chairman, Taunton Planning Board - Notifying of a Meeting and Public Hearing Pg. 7 Com. from Chairman, Taunton Planning Board - Notifying of a Meeting and Public Hearing Pg.8 Com. from Chairman, Taunton Planning Board - Notifying of a Meeting and Public Hearing Pg.9 Com. from Chairman, Taunton Planning Board - Notifying of a Meeting and Public Hearing Pg. 10 Com. from Chairman, Taunton Planning Board - Notifying of a Meeting and Public Hearing Pg. 11-15 Com. from City Solicitor- Section 383-15 of the City Ordinances regarding Snow and Ice Removal by Property Owners Abutting Sidewalks Pg. 16 Com. from Mayor O'Connell - Update Regarding Mashpee Wampanoag Tribe Pg. 17 Com. from City Solicitor - Requesting to Meet in Executive Session COMMUNICATIONS FROM CITIZENS - NONE PETITIONS Special Permit Petition submitted by Attorney Brianna Correira, Correira Law Office, PLLC, 123 Broadway, Taunton on behalf of her client Astor Transportation, LLC, 170 Gore Road, Revere, MA 02151 for a Special Permit for a 4,032 sq. ft. Truck Terminal Use in conjunction with the existing 66 vehicle auto sales use at 397 Winthrop Street located in the Highway Business District. (PUBLIC HEARING REQUIRED) Host Community Agreement - NEW Application submitted by Vanessa Jean-Baptiste, Legal Greens, LLC for a NEW Host Community Agreement for a Marijuana Delivery establishment to be located at 138 Broadway, Taunton. COMMITTEE REPORTS UNFINISHED BUSINESS - NONE ORDERS, ORDINANCES AND RESOLUTIONS Ordinance for a third reading to be ordained on a roll call vote AN ORDINANCE ARTICLE III. STOPPING, STANDING AND PARKING Sec 405-53. Prohibited parking places. Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-53 of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by retracting the existing section pertaining to Lakeview Ave. and adding thereto the following: Lakeview Ave., the North East Side starting at the intersection with Bay Street, North to the Split in Lakeview Ave., approximately 450 feet in length. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Ordinance for a second reading to be passed to a third reading AN ORDINANCE REVISING OFF STREET PARKING CHAPTER405 ARTICLE VI PARKING METERS Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-83 through 85 of the Revised ordinances, as amended, is hereby further amended by deleting Section 405-83 through 85 and replacing them as follows. That Section 405-83 be amended as follow: Section 405-83 Off Street Parking A. The City of Taunton Parking Commission shall establish rules for off-street parking for all municipally owned parking lots and facilities, to include parking passes and hours of operation. B. The City of Taunton Parking Commission shall set rates for parking and electric charging stations at all municipally owned parking lots in the City of Taunton, subject to approval of the Municipal Council. C. Vehicles illegally parked in a permitted location within a municipally owned parking lot or facility will be subject to a fine and towing at the owner's expense. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Ordinance (or a first reading to be passed to a second reading AN ORDINANCE ESTABLISHING DEPARTMENTAL REVOLVING FUNDS Chapter 40 FINANCE Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: SECTION 1. Chapter 40 of the Revised Ordinances of the City of Taunton, as amended, is hereby further amended by adding a new section 5.2 to Article VIII, as follows:-- 5.2 School Department 5.2.1 Fund Name. There shall be a separate fund called the Student Computer Revolving Fund for the use of the School Department. 5.2.2 Revenues. The City Auditor shall establish the Student Computer Revolving Fund as a separate account and credit to the fund all monies and fees paid by or on behalf of students of the Taunton Public Schools for replacement or repair of student-issued computers and computer accessories. The term "computer" for purposes of this Ordinance is inclusive of laptops, tablets, and other portable computing devices. 5.2.3 Purposes and Expenditures. During each fiscal year, the School Department may incur liabilities against and spend monies from the Student Computer Revolving Fund for expenses of acquiring, repairing, replacing, and maintaining of student- issued computers and computer accessories. Salaries or wages of employees shall not be paid from the fund. 5.2.4 Reports. Within 10 days of the end of each quarter of the fiscal year, the Superintendent of Schools, or the Superintendent's designee, must provide the School Committee and the City Auditor with a report of the revenues and expenditures of the Student Computer Revolving Fund during the month and fiscal year to date. 5.2.5 Fiscal Years. The Student Computer Revolving Fund shall operate for fiscal years that begin on or after July 1, 2022. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. NEW BUSINESS - NONE Respectfully submitted, ennit L.!r~ City Clerk /}earillf THE COMMONWEALTH OF MASSACHUSETTS ANIMAL CONTROL OFFICER KENNEL INSPECTION REPORT City or Town of: Kennel license number: ---riu rJ fonl Inspection date: --~'------"""---''---------- == ~~~ -u~wAf Kennel n a m e : - - - - = = - - - - - - - = = - - - - . - - - - - - - - - - - - - - ' - - - - - - - - - - - - Z?Z4 s Kennel veterinarian name and address: $ bQ COQ vf. t 58'2 m(.\.·i 0 sr Dogs are housed in a humane marmer: Yes~ No c=J Dogs are able to stand, lie down and tum around freely: Yes~ N'oCJ -. Kennel is kept at an ambient temperature: Yes c::g/' No c=J Kennel is maintained in a sanitary.marmer: Yesc=W No CJ The kennel have adequate lighting: Yes~ No CJ Dogs have access to clean, fresh water: Yes~ No CJ Dogs have adequate exercise space: Yes Ci/ No CJ Please explain any NO answers Approved: Not approved: C:=J Reinspect on or after: _ _ _ _ _ _ _ _ _ _ _ __ ACO's name: ~ ~ Report received by:_ _ _--,--____,=-=----- ACO'• mgn&ure~~. s;g,;_eofrecipient ~· f(f... F onn #?? White Copy - ACO I Yellow Copy - Kennel owner From: Timothy Donovan <timothymdonovan@yahoo.com> Sent: Tuesday, November 1, 2022 11:10 AM To: Maggie Clarke <mclarke@taunton-ma.gov> Subject: Kennel license To who it may concern, I Timothy Donovan of 112 Lothrop Street of Taunton Massachusetts I am opposed to the grade 1 kennel licenses for 20 Crystal Ln., Taunton mass. I am sending this email because I am not able to make the November 15, 7 PM meeting. Any questions please feel free to respond back to this email address or my cell phone. 774-2 26-0811. Sent from Yahoo Mail for iPhone ¥4'\f~h: Frant - 25' Roar-20' STd# - 15' LEGEND - ..... SYSTEM INVERT. ELEVA'TJONS FDUHDATION OUT SEPTIC TANK ll'f SEPllC TANK OUT 85.50 85.25 o&.00 AS-BUILT 85.70 85.14 -- D-SOX IN 84.37 84.38 D-BOX OUT 84.20 ~ 84.22 1tll'at".MIWJIQIDN TRQ4CHES IH 84.12 84.14 IV1 lllW-OllR!IMll..1' lRENDiES END 83.90 83.91 llllSllllO lllll[ ti' MOH:if1 - ; - tmsiNl-~-U.:t CRYSTAL COMPONENT. TIE SCHEDULE BFHCHWRK t-1...-nammc: 'TOP OF HWJRANT HOUSE CORNER !Al EL,.,.!JtJ.91 (N.A.V./UJ8) TANK INLET COVER 1 15.0' '"' 35.5' TANK OUll.ET COVER ,...,,. 29.0' DISTmBUTIOK BOX ·COVER 3 $1.0' 28.0' 5'.0YER EXCAVATION 25'. 53' ELBOW lRENctf IN IN9PECTlON PORT • 48..B' 43.0' 3S.O' es.o• INSPEC'nON PORT • 32.S' 59,0' P/?JAIAllY TRENCHES - I \., ~~.. l:i £A. .J'Wx2'DK4Jt -~ . \\\' ;:. 1«~~~~=::l~Wt-..-,L'......:l-_ _i._~.._-- !ff%!';)'110N ~t'ftt°!! ::i _,, , r~ A/AP 21LOT59 N/' CHARLOTT£ PERKOSKI LOTS "- ii' If,?.,.%1! ~ ~~ /.QL9. 30.542 s.f. 29,900 s£ UPLAND -..._ "'"""-~~ " ~\ MAP 21 LOT 52 N/' ERIC it AMY SKOl..NIC i ~I)-\ \.\- . ,,,·iV'j "'()" \l -~'"' IBoRDERLAND E~~INEERING, INcJ ,_, [11 ('.).)- t)lvfP 61b Pleasant Slreet Randolph, MA 02368 AS-BUilT F>LAN IN TAUNTON, MASSACHUSETTS 20 CRYSTAL LANE- LOT 9 A~ R~f. Jlap Z1 Lot 76 PREPARED FOR: CLAREWooo HOMES, INC. 0 15 30 60 FEET 120., 180 f>lmflf': GtAli'ElK'OO HOUES, INC 55 WINTHROP STREET, UNIT 5 OHd /?Mfrme« Scwk 27087 Pop6 89_ REHOBEiH, MA 02769 0 2.5 5 10 25 METERS 50 Pian Ram.,<:~ Bd' 52~ P~ 1'.1 DRAWING SCALE: I INCH = 30 FEET PROJECT NUMBER: P2299 DATE: 2-23-22 CITY OF TAUNTON Contributory Retirement System 104 Dean St., Suite 203 Taunton, Massachusetts 02780 (508) 821-1052 BOARD OF Fax (508) 821-1063 RETIREMENT CHAIRMAN EXECUTIVE Dennis M. Smith DIRECTOR Paul J. Slivinski Thomas A. Bernier Ian D. Fortes Assistant Director Gill Enos Karen Medeiros Barry J. Amaral November 8, 2022 Mayor and Taunton Municipal Council 15 Summer St. Taunton, MA 02780 Dear Mayor O'Connell and Councilors: Please be advised of the REVISED retirement for Superannuation of Frederick Bolton, III an employee of the Taunton Police department. His new retirement date is November 16, 2022 under the provisions set forth in Section #5 of Chapter 32 of the General Laws of Massachusetts. Mr. Bolton, III will have 32 years and 5 months of creditable service in the retirement system. Please pay regular compensation and accumulated benefits up to November 15, 2022. If you have any questions, please feel free to contact our office. Assistant Executive Director cc: F. Bolton, III E. Walsh M. Oliveira Treasurer Auditor HR City Clerk file retirement letter CITY OF TAUNTON ContJ•lhutory Retirement System 104 Dean St., Suite 203 Taunton, Massachusetts 02780 (508) 821-1052 BOARD OF Fax (508) 821"1063 RETIREMENT CHAIRMAN EXECUTIVE Dennis M. Smith DIRECTOR Paul J. Slivinski Thoma$ A Bernier IanD. Fortes Gill Enos Barry J. Amaral November 9, 2022 Hon. ShaimnaO'Connell Taunton Municipal Council 15 Summer St., City Hall Taunton, MA 02780 Dear Mayor·O'Connelb Please be advised of the retirement for Superannuation of Randy DeMello, an employee of the Taunton Police Department on November 25, 2022 under the provisions set forth in. Sectio!l #5 of Chaptet 32 of the General Laws of Massachusetts. Mr. DeMello will be retiring with 37 years and 10 months ofservice; Ifyouhave any questions, please feel free to contact our office. cc: R. DeMello E. Walsh, Police Chief Treasu.ter M. Oliveira Auditor HR City Clerk file retirement letter The City of Taunton Police Department SAFETY OFFICE 23 Summer Street CHIEF SAFETY OFFICER EDWARD J. WALSH Taunton, Massachusetts 02780 ARSENIO CHAVES Telephone: (508)821-1471, Ext. 3014 Facsimile: (508) 828-9315 www.achaves@tauntonpd.com Honorable Shaunna O'Connell, Mayor and Municipal Council City Hall 15 Summer St Taunton MA, 02780 11/3/2022 At the September 27th meeting of the Municipal Council, Councilor Borges made a motion to refer to the Safety Officer and the DPW about rep lacing the flashing light at the intersection of Cohannet Street and Warner Boulevard. At this time I am happy to report that the flashing light has been replaced at the intersection of Cohannet Street and warner Boulevard. Respectfully Submitted Arsenio Chaves City of Taunton LAW DEPARTMENT 15 Summer Street Taunton, Massachusetts 02780 Phone (508) 821-1036 Facsimile (508) 821-1397 Shaunna O'Connell Peter F. Winters, Esq. MAYOR FfRST ASST. CITY SOLICITOR Matthew J. Costa, Esq. Thomas P. Gay, Jr., Esq. CITY SOLICITOR SECOND ASST. CITY SOLICITOR David T. Gay, Esq. SP. ASST. CITY SOLICITOR November 2, 2022 Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton, MA 02780 Dear Council President Duarte and Members of the Municipal Council: Submitted herewith is communication dated October 26, 2022 which the Law Department has received from Xfinity regarding changes to services. Thank you. Respectfully, Matthew J. osta, Esquire City Solicitor MJC/tmg Enclosure October 26, 2022 City Attorney City of Taunton 141 Oak Street Taunton, MA 02780 Dear City Attorney: As part of our ongoing commitment to keep you and our customers informed about changes to Xfinity TV services, we wanted to update you that the programming network G4 notified its employees that it is ceasing operations effective October 17, 2022. It is our understanding that G4 will continue transmitting programming until November 14, 2022 and we will continue to carry it until such date. Please do not hesitate to contact me with any questions at patrick_shearns@comcast.com. Sincerely, PCJ.XvlclvJ. Shea.rvw Patrick J. Shearns, Sr. Manager Government & Regulatory Affairs _, ........ ... • , j NOV - 2 2022 ('"' '"'' ,..~.,,..~ ...... "'~ .• TAUNTON PLANNING BOARD 141 Oak St. - Office Address 15 Summer St. - Mailing Address Taunton, Massachusetts 02780 Phone 508-82 1-1051 Fax 508 821-1043 Denise J. Paiva, Head Administrative Clerk ,.._, dpaiva@taunton-ma.gov = ,......, ,....... ' \ ...~=--· ·- I z c:::> ' ... .,; ...:: . -r " r · l) \ :L_ I r'i -- November 8, 2022 r-:i co ~-... -I C"'t .x :< ·'',rri -< lJ n :x : :.-, o r ::r~ -€' -1 Honorable Shaunna L. O'Connell, Mayor ri ;::u \, ,./ Members of the Municipal Council ;J:; c.n (./1 p; 15 Summer St. Taunton, Ma. 02780 C/O Jennifer Leger, City Clerk RE: Site Plan Review - 122 Winter St. & prop. I.D 48-49, 48-50, 56-2 Dear Mayor O' Connell and Members of the Municipal Council: The Taunton Planning Board is in receipt of Site plan Review for property at 122 Winter St & Prop. I.D 48-49, 48-50, 56-2 - for the construction of a 4-story mixed use building with 36 residential units and one 600 sq. ft. commercial/office space, submitted by JLJ, LLC The DIRB will review this petition on Tuesday, November 22, 2022 at 9:30 AM in the Taunton Planning Board Office, 141 Oak St., and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 PM at 15 Summer St., City Hall, Taunton, Ma. Sincerely, ~~c<Ai{~ Anthony Abreau, Chairman TAUNTON PLANNING BOARD AA/djp TAUNTON PLANNING BOARD 141 Oak St. - Office Address 15 Summer St. - Mailing Address 1 Taunton, Massachusetts 02780 Phone 508-821-1051Fax508 821-1043 Denise J Paiva, Head Administrative Clerk dpaiva@taunton-ma.gov November 7, 2022 I ,...._, Honorable Shaunna L. O'Connell, Mayor II = ,......, ,......, Members of the Municipal Council --· :;; :z: ·i:. 15 Summer St. I CJ r. :::r C> <::: .-~.'.> ; :"': ·-" FJ Taunton, Ma. 02780 ----i 1.:::1 :r: _,' } r::J C) -< vi< CIO Jennifer Leger, City Clerk <J ("- ::r )> u Zi> fTl rn ~ ":Y ..,,-r., - :)\ RE: Site Plan Review - Joseph I. Quinn Rd., Parcel I.D. 9-2-0 w ~ w Dear Mayor O'Connell and Members of the Municipal Council: The Taunton Planning Board is in receipt of a Site Plan Review for property on Joseph I. Quinn Rd., Parcel l.D. 9-2 -0 to allow a 1,344 free-standing illuminated sign on a vacant lot with 2 gravel parking spaces and a request for a 50% waiver of landscaping buffers for front, side and rear, submitted by J & J Outdoor Media., owned by Reva Realty Norton, LLC The DIRB will review this petition on Tuesday, November 22, 2022 at 8:45 AM in the Taunton Planning Board Office, 141 Oak St., and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 PM at 15 Summer St., City Hall, Taunton, Ma. Sincerely, ~~~{/Jj;) TAUNTON PLANNING BOARD AA/djp TAUNTON PLANNING BOARD 141 Oak St. - Office Address 15 Summer St. - Mailing Address Taunton, Massachusetts 02780 Phone 508-821-1051Fax508 821-1043 Denise J Paiva, Head Administrative Clerk dpaiva@taunton-ma.gov November 2, 2022 Honorable Shaunna L. 0' Connell, Mayor Members of the Municipal Council 15 Summer St. Taunton,Ma.02780 CIO Jennifer Leger, City Clerk RE: Special Permit/Site Plan Review -Robert W. Boyden Rd. 18-43 Dear Mayor O'Connell and Members of the Municipal Council: The Taunton Planning Board is in receipt of a Special Permit/ Site Plan Review for property on Robert W. Boyden Rd. - parcel I.D. 18-43 - for the construction of a 7,500 sq. ft. building for an innovative custom repair & restoration company with 10 parking spaces and related site improvements., submitted by Fault Lines Kustons, LLC owned by Scott Wessels. The next scheduled meeting will be on Tuesday, November 22, 2022 at 8:30 AM in the Taunton Planning Board Office, 141 Oak St. at which time the application shall be reviewed by the DIRB and the Planning Board will hold a public hearing on Thursday, December 1, 2022 at 5:30 PM at City Hall, 15 Summer St., Taunton, Ma. ~~(ope) Anthony Abreau, Chairman TAUNTON PLANNING BOARD AA/djp TAUNTON PLANNING BOARD 141 Oak St. - Office Address q 15 Summer St. - Mailing Address Taunton, Massachusetts 02780 Phone 508-821-1051Fax508 821-1043 Denise J Paiva, Head Administrative Clerk dpaiva@taunton-ma.gov November 8, 2022 Honorable Shaunna L. O'Connell, Mayor Members of the Municipal Council 15 Summer St. Taunton,Ma.02780 C/O Jennifer Leger, City Clerk RE: Site Plan Review - 397 Winthrop St. Dear Mayor O'Connell and Members of the Municipal Council: The Taunton Planning Board is in receipt of a Site Plan Review for property at 397 Winthrop St - to modify existing approval by adding vehicle transportation service with 28 spaces (4,032 sq. ft.) of outdoor storage vehicle/equipment storage, a reduction to 66 vehicle display spaces, 8 customer parking space for an auto sales use. Submitted by Astor Transportation LLC, owned by 397 Winthrop St., LLC The DIRB will review this petition on Tuesday, November 22, 2022 at 9: 15 AM in the Taunton Planning Board Office, 141 Oak St., and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 PM at 15 Summer St., City Hall, Taunton, Ma. ~lUwaPUPfJ Anthony Abreau, Chairman TAUNTON PLANNING BOARD AA/djp TAUNTON PLANNING BOARD 141 Oak St. - Office Address ID 15 Summer St. - Mailing Address Taunton, Massachusetts 02780 Phone 508-821-1051 Fax 508 821-1043 Denise J Paiva, Head Administrative Clerk @aiva(li)taunton-ma.gov November 8, 2022 Honorable Shaunna L. O'Connell, Mayor Members of the Municipal Council 15 Summer St. Taunton, Ma. 02780 C/O Jennifer Leger, City Clerk RE: Site Plan Review -5 Hill St. & portion of property I.D. 66-551 Dear Mayor O'Connell and Members of the Municipal Council: The Taunton Planning Board is in receipt of a Site Plan Review for property at 5 Hill St. & a portion of parcel l.D. 66-551 - to add 16 parking spaces, dumpster area, 1,500 sq. ft. outdoor storage area, submitted by James Dorsey, Jim Dorsey & Son Inc. The DIRB will review this petition on Tuesday, November 22, 2022 at 9;00 AM in the Taunton Planning Board Office, 141 Oak St., and then the Planning Board will review this on Thursday, December 1, 2022 at 5:30 PM at 15 Summer St., City Hall, Taunton, Ma. Sincerely, . ~~c<A{~t) Anthony Abreau, Chairman TAUNTON PLANNING BOARD AA/djp City of Taunton J) 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 November 9, 2022 Mayor Shaunna O'Connell Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton, Massachusetts 02780 Re: Section 383-15 of the City Ordinances regarding snow and ice removal by property owners abutting sidewalks. Dear Mayor O'Connell, Council President Duarte and Members of the Municipal Council: Section 383-15 of the City Ordinances requires occupants, tenants, or owners of real estate bordering any sidewalk on any public or private way in the Business District or Central Business District to remove snow and ice from such sidewalk, and states certain requirements relative to such removal. A copy of the existing Ordinance is enclosed with this letter. On June 7, 2011 the City accepted chapter 40U of the Massachusetts General Laws. Section 5 of chapter 40U contains requirements for ordinances regulating snow and ice removal from sidewalks in cities. There are two aspects of the statute that the City Ordinance does not presently comply with. First, the statute provides that snow and ice removal must be the responsibility of the owner under a municipal ordinance but our Ordinance places responsibilities on tenants and occupants. Second , the ordinance does not clearly specify "the width of the area to be cleared" as required by the statute. 1 JJ Based on the above, the City Ordinance regarding snow and ice removal should be revised to (1) specify that snow and ice removal is the responsibility of the owner (and delete references to tenants and occupants); and (2) specify the width of sidewalks that must be cleared. Another aspect of the Ordinance the Council may, in its discretion, wish to review is whether to expand the zoning districts where owners must remove snow and ice from sidewalks from the present Business and Central Business Districts to others, such as Highway Business, Urban Residential, etc. This issue was presented in a previous letter by City Solicitor Buffington in April of 2015, which is enclosed for your reference. The pertinent Ordinance and statute have not changed since that time and the present Law Department concurs with what was stated in the 2015 letter. We respectfully request that this matter be referred to the Committee on Ordinances and Enrolled Bills in order for the Council to determine what changes will be made to the Ordinance, including specifying the width of sidewalks that must be cleared, that clearing of sidewalks is the owner's responsibility, and any other revisions the Council deems appropriate. MJC:tmg Enclosures 2 11/3/22, 10:29 AM City of Taunton, MA Removal of snow and ice required. /j City of Taunton, MA Thursday, November 3, 2022 Chapter 383. Streets and Sidewalks Article I. General Regulations § 383-15. Removal of snow and ice required. [Amended 2-9-1965; 8-8-2000] The tenant, occupant and, in case there is no tenant or occupant, the owner or other person having the care of any building or lot of land bordering on any sidewalk on any public or private way located in any area designated as a business district or central business district by any zoning ordinance of the City shall cause the snow and ice to be removed from such sidewalk. If the snow ceases falling in the day it shall be removed within four hours thereafter, and if it ceases falling in the nighttime it shall be removed before 11 :00 a.m. of the succeeding day, and all ice formed upon any sidewalk in such streets as may be so designated, or otherwise deposited thereon, shall be removed within 24 hours after the same is so formed or deposited unless within such time the sidewalk is otherwise rendered safe for travel. The penalty for the violation of this section shall be a fine not in excess of $50 for each violation. https://ecode360.com/print/TA3214 ?gu id=29007123 1/1 City of Taunton 1 Ii LAVI DEPARTMENT 141 Oak Street Taunton, Massachusetts 02780 Phone (508) 821-1036 Facsimile (508) 821-1397 Thomas C. Hoye, Jr. Jason D. Buffington MAYOR CITY SOLICITOR Daniel F. de Abreu ASST. CITY SOLICITOR April 14, 2015 Honorable Mayor Thomas C. Hoye, Jr. Members of the Taunton Municipal Council 141 Oak Street Taunton MA 02780 RE: Snow and ice removal legislation Dear Mayor Hoye and Members of the Municipal Council: While reviewing the ordinance book with the City Clerk in conjunction with the upcoming recodification of city ordinances, we discovered an issue with snow and ice removal legislation that we believe warrants your attention. Section 20-20 of the Revised Ordinances, a copy of which is attached, is the City's present snow and ice removal ordinance. Although there has been much discussion in the past few years on this topic, no new ordinances have been actually been passed on this topic since August 8, 2000. In 2010, the Massachusetts Legislature enacted Chapter 40U of the Massachusetts General Laws. This chapter was accepted by the City by vote of the Municipal Council on June 7, 2011. Section 5 of'Ghapter 40U provides as follows: A municipality shall by ordinances ... provide for the removal of snow and ice from sidewalks within such portions of the municipality as they consider expedient by the owner of land abutting.such..sidewalks. Such ordinances ... shall determine .the time and manner of removal and shall affix penalties, not exceeding $200, for each such violation. Such ordinances ... shall be specific as to the width of the area to be cleared and the standards for clearance. JS There is, therefore, a legal requirement that the City (1) have snow and ice removal ordinances, (2) that requires the owners of land abutting sidewalks to be responsible for clearance, (3) that determines which areas of the City the ordinances shall apply to, (4) that determir.ies...the .t~me,;;i.nd"maA~er·tl'lat-removal must be made, (5) that affixes penalties for non-compliance, (6) that specifies the width of the areas to be cleared, and (7) that specifies the standards for clearance. In reviewing the City's existing snow and ice removal ordinance, it would appear that it does not fully comply with G.L. c. 40U, § 5, and therefore must be revised. At a minimum, the existing ordinance does not comply because (a) it would appear to require tenants and occupants, and not necessarily the owners of the land abutting sidewalks, to clear snow and ice, and (b) it does not specify the width of areas to be cleared .. There may be other revisions desirable to the Municipal Council as well. Thank you for your attention to this matter. Very truly yours, \--~ (~a~~ D. Buffington, Es~.~ \ ...__Cit~Solicitor '.·..,;· //p City of Taunton Ligia M. Madeira, Esq. CHIEF OF STAFF OFFICE OF THE MAYOR City Hall Patrick D. Dello Russo, Jr. 15 Summer Street· Taunton MA 02780 CHIEF FINANCIAL OFFICER (508) 821-1000 Gill E. Enos BUDGET DIRECTOR MAYOR SHAUNNA O'CONNELL November 10, 2022 Council President Phillip Duarte Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Council President Duarte and Members of the Taunton Municipal Council; I am writing to provide an update to Council and to City residents regarding the Mashpee Wampanoag Tribe. On October 24, 2022, the Gaming Authority advertised two RFP's for an Owner's Representative and for Construction Management. The statement below was issued by the Tribe. The City of Taunton is also in communication with legal counsel for the Tribe in facilitating the payments due to the City under the IGA Agreement previously signed. We will continue to provide updates as needed. Respectfully, Mayor Shaunna O'Connell Gaming Authority Releases RFP for Owner's Representative and Construction Management In coordination with TERO, the Gaming Authority is advertising two RFPs - one is for Owner's Rep and a second for Construction Management. The two RFPs continue our Tribe on a path of growth, progression, and opportunity while revitalizing the economic future for the City of Taunton in Southeastern Massachusetts, as well as our great state. These RFPs allow us to explore many different options for economic development on our sovereign land, including options for a casino. The Gaming Authority is assembling a team to explore our options and determine which will be best for the Tribe. If you have general questions about the project, please get in touch with Executive Administrative Assistant Amber Tubbs at Amber.Tubbs@mwtribe-nsn.gov. City of Taunton 11 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 November 10, 2022 Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton, Massachusetts 02780 Re: Request to meet in Executive Session. Dear Council President Duarte and Members of the Municipal Council: The Law Department is respectfully requesting that the Municipal Council meet in Executive Session on November 15, 2022 to review an internal investigation/potential litigation with the City Solicitor and the Chief Financial Officer. The reason for the request to have the Executive Session on November 15, 2022 is that this is a time sensitive matter. Details will be provided in the Executive Session. ~ ()_C,.. Matthew J. cosQ'Esquire, City Solicitor MJC:tmg znzz tmv 10 A 11= 22 NOVEMBER 15, 2022 Honorable Shaunna L. 0' Connell, Mayor ___ ___ C!TY CLERK Council President Phillip E. Duarte And Members of the Municipal Council The following committee meetings have been scheduled for Tuesday, November 15, 2022 at 5:30 PM at the Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. 5:30 PM THE COMMITTEE ON FINANCE AND SALARIES 1. Meet to review the weekly voucher and payrolls for City departments. 2. Meet to discuss requests for funding/transfers a. Request from the Superintendent of Buildings to fund $25,000 to account 01-493-5100- 5109. 3. Meet with the CFO and Human Resources Director to discuss executive office salaries. 4. Meet with the CFO and the Budget Director for a quarterly, capital, and ARPA update. Please note: A "meeting" ofthe entire Municipal Council, as said terms 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 the proposed Host Community Agreement for Medicine Man Solutions, LLC for a marijuana retail establishment at 597 Winthrop Street. 2. Meet to discuss public input. Please note: A "meeting" ofthe entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 30A, §18 may occur concurrently with this committee meeting. Respectfully, -- -"~\ ('\ "' /niI /} /; ~~" , ···~·· f// v/ \...~:··. ))·· .>; L/ ( '---- '\ »J Maggie E. Clarke Clerk of Council Committees

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