City Council
Regular MeetingTaunton, MA · November 22, 2022
Minutes
City of rtaunton
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Record of preceding meeting was read by title and approved. So voted.
Opportunity for input by the general public. Nobody was present to speak.
Hearings:
NONE
Communications from the Mayor:
Council President Phillip Duarte said just as a reminder, "Lights On" is Saturday,
December 3rd from 3:00 p.m. to 8:00 p.m. The opening ceremony will be at 4:30 p.m. on
the Taunton Green. There will be lots of live entertainment, kid's activities, a laser light
show and much more. You can find more details about everything going on at
https://www.lightsonfestival.org/. Sunday, December 4th, will be the Christmas parade
which will kick off at noon starting on Broadway and proceeding through the Green and
ending at Marian Manor. The raffle baskets to benefit the Christmas parade are available
now in the lobby at City Hall on the 2nd floor. You can purchase tickets from the Clerk of
Committees. The drawing will be on Tuesday, December 6th proceeding the City Council
meeting.
Appointments:
NONE
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Communications from City Officers:
Com. from the Special Assistant City Solicitor regarding the disciplinary hearing date for
the Taunton Fire Department, Civil Service, MGL Ch. 31§41-45. The office has been
contacted by Fire Chief Timothy J. Bradshaw who is requesting that the appointing
authority hold a disciplinary hearing for an employee of the Fire Department to consider
the termination of that employee's employment. The Law Department reviewed all
materials and agree that a hearing should be set and would request that a hearing be
scheduled for some time in December or January before the Committee of the Council as
a Whole. If the Committee would prefer, the hearing could be held on a separate night.
Councilor Pottier wanted to note that since it's a potential termination, he really doesn't
have a problem with this being chaired by the Committee of the Council as a Whole.
However, if it is in January, they will have a new Council president at that time and it
may be tough to have the Council President be one of their first meetings. If they can do
it in December it probably would be best. Motion was made to refer to the Committee
of the Council as a Whole. So voted. On discussion, Councilor McCaul suggested a date
certain in December. The City Solicitor said there has been some discussion about a
potential date between the Law Department and Council for the Firefighter to his Union
and so they actually prefer to do this in early January. Perhaps the week of the 9th or the
16th. They also suggest it to not be on a Council meeting night. Councilor Pottier asked if
the potentially grieved party can choose to have the hearing in public or in Executive
Session. The City Solicitor said yes the employee and the Union can elect to do this
hearing in open session. Motion was made to have the Law Department setup the
hearing on the week of the 9th or 16th in January and report back to the Council.
Councilor Duarte was opposed. So voted.
Com. from the City Solicitor regarding billiard table licensing requirement. On
November 1, 2022 the Committee on Police and License voted to refer to the Law
Department the question of whether billiard table license renewals are legally required to
come before the Municipal Council. The answer is that the City does not have authority
to waive the licensing requirement for billiard tables (including renewals) and that the
required licensing authority is the Municipal Council. M.G.L. was listed. In sum, under
present law, businesses are required to obtain annual license for billiard tables from the
Council in order to comply with state law. Motion was made to refer to the Committee
on Police and License and Legislative Delegation. So voted.
Com. from the Chief Financial Officer requesting a transfer of funds for the Office of
Economic Development for the amount of three-thousand dollars ($3,000.00) for a
promotional increase inside their office. Motion was made to refer to the Committee
on Finance and Salaries. So voted.
Com. from the DPW Commissioner requesting that the Commissioner of the DPW be
allowed to authorize contracts to continue to work in city roadways beyond the winter
moratorium limits outlined in City Ordinance 383-20 Restrictions upon issuance of
permit that prohibits a permit involving excavation in any street or way, sidewalk, state
highway within the boundaries of the City be issued between November 1 and April 1.
Authorization of work from the Commissioner will be conditional on the forecasted
weather. All contractors will be notified that construction work must be suspended, and
that no further permits will be issued should inclement weather occur that might
otherwise adversely affect traffic flow. Any excavation permitted during the winter
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moratorium will not be allowed to be plated. The City Solicitor commented stating they
haven't specifically reviewed this with the DPW but they would point out that the
moratorium under the city ordinance takes effect November 1st. So they are 2/3's through
the month and so he would suggest that just based on the nature of the request and the
timeframes involved that he suggests to take the vote tonight unless the Council needs to
review this asked question. Motion was made to approve the request. So voted.
Communications from Citizens:
Com. from Brian Gillis, Manager-Gas Construction of Eversource requesting for
permission to extend their 2022 construction season consisting of excavations on public
roadways within the City of Taunton until January 1, 2023, weather permitting. This
request is an extension to the typical mid-November time frame in which Taunton DPW
no longer allows excavation to occur within public roadways, with the exception of
emergency gas leak repairs. As of November 10, 2022, EGMA is still working three gas
main replacement projects in the city which are approximately 50 to 90% complete.
Further details were listed. Additionally, EGMA is requesting to complete scattered gas
work into mid-December including but not limited to gas leak repairs, gas service stub
abandonments and new gas service installations. Upon being granted permission, EGMA
agrees to work closely with and communicate on a weekly basis with the Taunton DPW
on current jobs in progress and their respective locations as they have successfully done
in past years. Motion was made to refer to the Committee of the Department of
Public Works. So voted.
Petitions:
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 168
Broadway, Taunton. Motion was made to refer to the Committee of the Council as a
Whole. So voted.
Street Acceptances
Petition submitted by the City of Taunton for the acceptance of Saints Way and Bridget
Drive as public ways in the City of Taunton. Motion was made to refer to the City
Clerk to schedule the public hearing. So voted.
Petition submitted by the City of Taunton for the acceptance of Johnson Court as a public
way in the City of Taunton. Motion was made to refer to the City Clerk to schedule
the public hearing. So voted.
Claims
Claim submitted by Lena Candido, 5 Goff Ave., Taunton seeking reimbursement for
damages to her automobile from hitting a pothole near 5 Goff Ave., Taunton at the stop
sign. (Already referred to the City Solicitor and DPW)
Claim submitted by Teresa Haggerty, 316 Hill St., Raynham seeking reimbursement for
damages to her automobile from hitting a pothole in front of 68 Allison Ave., Taunton.
(Already referred to the City Solicitor and DPW)
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Claim submitted by Julie Raposo, 1336 Williams St., Dighton seeking reimbursement for
damages to her automobile from hitting a pothole on Hart Street/Depot Drive, Taunton.
(Already referred to the City Solicitor and DPW)
Claim submitted by Zachary Taylor, 231 Dighton Ave., Taunton seeking reimbursement
for damages to his motorcycle from hitting a raised structure on Bow Street near High
Street, Taunton. (Already referred to the City Solicitor and DPW)
Committee Reports:
Motion was made for Committee reports to be read by title and approved. So
Voted. Recommendations adopted to reflect the votes as recorded in committee
reports, noting Councilor Sanders did not participate in the Public Property
Executive Session. So Voted.
Unfinished Business:
Councilor Pottier said he received a call from a constituent. The water situation on
Fiddlers Way was discussed a couple months ago. Motion was made to refer to the
DPW to see if there is a status update. So voted.
Orders, Ordinances and Resolutions:
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.
Motion was made to pass to a third reading. So voted.
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New Business:
Councilor Postell requested a motion to refer to the Safety Officer and the City
Engineer to review the intersection of Kingman Street and Seekell Street for a four-
way stop sign. So voted.
Councilor Pottier said he had a discussion with the Fire Chief today. There was a
recent court ruling that came down on a case that was originally filed in 2008 he
believes, on some challenges with the Civil Service exams. There was some question
on the validity of the exams and the timing thereof. Motion was made to refer this
issue to the Committee on Fires and Wires and also invite the City Civil Service
Official to discuss some options they may have at a later date. So voted.
Councilor Postell made a motion to refer to the Mayor's Office to request a status of
the Lake Sabbatia cleaning and restoration from over the summer to see where we
are at going into the winter month. So voted.
Information only, Councilor Borges and Councilor Duarte wished everyone a happy
Thanksgiving.
Meeting adjourned at 9:41 P.M.
A true copy:
Attest:
JLL/KLD
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REVISED
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The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the
Chester R. Martin Municipal Council Chambers.
Present were Councilor Phillip Duarte, Chairman and Councilors Pottier and McCaul. Also
present were CFO Patrick Dello Russo and Human Resources Director Amy Kazlauskas.
The meeting was called to order at 5:36 PM.
1. Meet to review the weekly vouchers and payrolls for City departments.
MOTION: Approve the payroll warrant in the amount of $1,484,572.86. So voted.
MOTION: Approve the accounts payable warrant in the amount of $2,653,616.14. So voted.
2. Meet with the CFO and Human Resources Director for a presentation on analysis of
elected officials compensation.
CFO Patrick Dello Russo and HR Director Amy Kazlauskas gave a presentation on the
compensation for the members of the City Council and for the Mayor. Mr. Dello Russo
indicated that any increase would likely take effect in January of2024. The presentation
provided compensation comparisons to other Massachusetts cities. It was reported that the
Council has had no increase in salary in nearly a decade and that the Mayor is compensated less
than many of her direct reports. Mr. Dello Russo and Ms. Kazlauskas suggested that a new,
formula based pay structure could be implemented that would compensate the Mayor at the
average of the top five civilian employees and the Council would be compensated at 12.5% of
the salary of the Mayor. With this proposal, the salaries of the Mayor and the Council would
remain below the average of other cities but would move closer to the average. They suggested
that doing so would take politics and bias out of the salary process. However, it was stressed that
this is just one proposal and other options could be analyzed.
Councilor Duarte indicated that Mass General Law requires that a pay increase go into effect in
the next term, not during an election year.
Councilor Pottier asked for more information on this statute and the timing of such a pay
increase. Councilor Pottier clarified that the Council had not actually had a salary increase since
at least 2005. He stressed that many of the Mayor's employees make more than the Mayor
despite the 24/7 nature of the job and that sometimes you need to pay good money to recruit
good people.
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Page Two
November 22, 2022
The Committee on Finance and Salaries - Continued
Councilor McCaul asked how the cities were chosen as part of the salary comparison and Mr.
Dello Russo reported that these were taken from recent Collins Center reports.
MOTION: Make the presentation part of the record. So voted.
Councilor Duarte requested that the Collins Center report be sent to the Councilors. He further
requested that Fall River, New Bedford, and Attleboro be included in the salary comparisons.
Councilor Pottier suggested that Weymouth would be a good comparison and that a fuller set of
data, including population, would be helpful.
Councilor Sanders asked if this plan had been endorsed by the Mayor and Mr. Dello Russo
indicated that it had not been endorsed. Mr. Sanders asked who the top five salaried civilian
employees are and Mr. Dello Russo indicated that they are the CFO, the First Assistant City
Solicitor, the DPW Commissioner, the Assistant DPW Commissioner, and the Water
Superintendent. Mr. Sanders shared his thoughts on how the salary received by the Council
might impact or encourage people to consider running for office. He asserted that this plan
sounds a bit like automatic pay raises for the Council and the Mayor but Mr. Dello Russo
indicated that is not the case since when people retire or leave there could be lower paid people
hired as their replacement. Councilor Sanders further shared his concern that there could be
times when union employees only receive an insubstantial pay increase or no increase at all but
that Councilors could be receiving something much more significant and that he would have a
hard time with that. He is also interested in looking at more data including other Cities with
similar economic situations, "gateway" cities in particular.
Councilor Borges shared her believe that all ofTaunton's City employees work really hard and
that she supports them day in and day out. She suggested that the Mayor's salary be discussed
separate from the Council's because she believes that the Mayor's job is a 24/7 job and deserves
more compensation. Ms. Borges indicated that the Mayor is unable to tum off the phone at 4:30
as the Mayor is always getting calls and the job is a huge responsibility. She has never felt that
the Mayor's compensation has been fair and she was stunned to know that those four other
positions are making more than the Mayor and that the Chief of Staff was so close to the same
salary as the Mayor. Councilor Borges drew attention to all of the boards in the City that are
compensated including the Conservation Commission, the School Committee, the Planning
Board, and the Zoning Board which are all boards that work really hard especially more recently
where Planning Board has had an increase in responsibility because things were taken away from
the Zoning Board and put on the Planning Board as well as due to more development. She
expressed her opinion that this conversation should be had regarding all of the boards at the same
time, not just the Municipal Council and the Mayor. She mentioned how several years ago the
Chairman of the Zoning Board, Mr. Ackerman, brought forth a proposed raise for the Zoning
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Page Three
November 22, 2022
The Committee on Finance and Salaries - Continued
Board of Appeals. Councilor Borges suggested that Steve Turner, Dennis Ackerman, Greg
DeMelo and the rest of the Chairs of these boards to maybe submit the same sort of request to
Mr. Dello Russo to ensure that their boards: Cable Commission, Conservation, etc. are being
fairly compensated. They should be looking at them at the same time. Like other Councilors,
she suggested that New Bedford, Fall River, and Attleboro be included in the analysis. She
reiterated her desire to see the Mayor's salary separate and shared that she serves on elected
board right now, the Bristol-Plymouth School Committee which is uncompensated. She
indicated that many events she attends are things she would be attending anyway because she
wants to. However, Councilor Borges indicated that she considers things like constituent
services, interviewing police officers, interviewing department heads, or being part of the
grievance committee to be part of the job. She stressed that she would like Mr. Dello Russo to
come back with the other boards and everybody be looked at to determine what they're making
and see where changes are needed. Again, she urged them to make the same request for fair
compensation.
Councilor Pottier agreed that the other boards should be reviewed and potentially adjusted.
Councilor Coute questioned why we would want the Mayor to be paid less than her counterparts
or subordinates. He suggested that the Mayor be compensated at 5% more than the top 5
subordinates.
Councilor Pottier clarified that the Council has not had an increase in 18 years and, for the
Mayor, it has been a couple years. He added that Town Managers in some small communities
receive large salaries.
Councilor Borges questioned how this would even be possible given that the budget was already
agreed upon and Mr. Della Russo indicated that if a raise was to take place that the reserve fund
would be used.
The meeting adjourned at 6:30 PM.
CITY OF TAUNTON Respectfully submitted,
Nov~2 2 2022.
~?f<}'j~ . ~1_/u_
IN MUNICIPAL COUNCIL Maggie E. Clarke
Clerk of Council Committees
(J~RT~ ACC;TE~ ..RECOMMENDATIONS ADOPTED.
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City of Taunton
Municipal Council ;
November 22, 2022
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The Committee of the Council as a Whole I,
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The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA =-92180 in t'i?e
Chester R. Martin Municipal Council Chambers. ~ ~ )>
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Present were Councilor Phillip Duarte, Chairman and Councilors Borges, McGiul, Potti~
Coute, Sanders, Quintal, and Postell. Also present were Building Commissioner Bob Pirozzi,
Helen DeSilvia of 44 Harrison Street, Haskell Kennedy of Medicine Man Solutions, Attorney
Blake Mensing, and City Solicitor Matt Costa. Councilor Dooner was absent.
The meeting was called to order at 6:32 PM.
1. Meet with the Building Commissioner to discuss issues at 46 Harrison Street.
Building Commissioner Bob Pirozzi gave an update on the situation at 46 Harrison Street. He
reported that notice was sent to the property owner and that he received a call from the owner,
Mr. Thomas, who expressed his desire to install a fence to secure the property as well as security
cameras and lights. On November 17, Mr. Pirozzi received a call that the contractor was there
cleaning up debris on the site. Mr. Pirozzi reported that there was still some debris left behind
but the owner indicated that they owner will be going back tomorrow to complete the work. Mr.
Pirozzi did note that some of the materials left behind are for construction. He also reported that
the owner told him that he met with a fence company and is awaiting a quote.
Councilor Coute asked if Mr. Pirozzi knew when they were planning to resume construction and
Mr. Pirozzi indicated that funding is an issue. Mr. Coute asked if Mr. Pirozzi still deemed the
site to be safe and Mr. Pirozzi said that it is not an unsafe site.
Councilor Borges indicated that there has been some progress.
Councilor McCaul asked for Helen DeSilvia's thoughts on the progress and she indicated that,
while there has been some progress, there is still a pile out back near her property that is
prohibiting her from planting her hedge so that her property will be contained. Councilor
McCaul made a motion:
MOTION: Put a little more pressure on the property owner.
Councilor Borges asked Mr. Pirozzi if he had walked back to see the debris pile and asked if he
could call the property owner to encourage him to remove that pile to allow Ms. DeSilvia to
plant her hedges. Mr. Pirozzi said that he had told him that he left some debris behind but that he
could have a further conversation.
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Page Two
November 22, 2022
The Committee of the Council as a Whole - Continued
Councilor Quintal agreed that he would appreciate :Mr. Pirozzi calling :Mr. Thomas.
Councilor Pottier asked :Mr. McCaul to add to his motion language that Mr. Pirozzi continue, to
extent of his authority and jurisdiction, to stress that this person be in compliance of City
ordinances.
AMENDED MOTION: Mr. Pirozzi to continue stressing to the landowner to the extent of his
authority for the continued progress on this property. So voted. (Councilor Borges voted no.)
MOTION: The Council President draft a letter on behalf of the Council outlining the number of
times :Mrs. DeSilvia has come before the Council and that it is a concern of the Council and in
good faith request that he remove the debris and erect a fence. So Voted.
2. Meet to discuss the proposed Host Community Agreement for Medicine Man Solutions,
LLC for a marijuana retail establishment at 597 Winthrop Street.
Attorney Blake Mensing and Haskell Kennedy of Medicine Man Solutions indicated that the
community outreach meeting had been completed and that the proposed agreement had been sent
back to Attorney Costa with some minor suggested changes.
MOTION: The Council authorize the Law Department to enter into a Host Community
Agreement with Medicine Man Solutions, LLC and :Mr. Kennedy. So Voted.
3. Meet to discuss public input.
Councilor Duarte read a letter from the American Civil Liberties Union of Massachusetts dated
November 4, 2022.
MOTION: Make the letter part of the record. So voted.
Councilor Duarte read a letter from Attorney Costa dated November 22, 2022.
MOTION: Make the letter part of the record. So voted.
Councilor Pottier made a motion:
MOTION: Refer to the Council President and the Mayor's Office to consider drafting or fine
tuning the policy.
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Page Three
November 22, 2022
The Committee of the Council as a Whole - Continued
Councilor Sanders stressed that since July of 2020, except for one or two uncomfortable
moments, public input has gone smoothly. He is concerned about listing so many rules on public
input on the agenda. He emphasized that the Council works for the public and that
these suggested policies overthink the situation. Mr. Sanders would like to see public input go
back to the way it was prior to the new procedure. He emphasized that negative feedback is a
core constitutional free speech freedom.
Attorney Costa indicated that the real intent is so that the Council will have guidance about what
is acceptable and where the line can be drawn. The intent is not to limit anyone. He stressed that
the law does not even allow you to prevent someone from lying. Councilor Sanders discussed
his concern that the agenda end up opening with a long list of guidelines. Attorney Costa further
emphasized that the registration policy is not a screening tool.
Councilor Borges agreed with Councilor Sanders and suggested that the agenda should just state
"Public Input" and the guidelines should be removed from the agenda and maybe be put on the
sign in sheet. People should be stopped from speaking when they begin to discuss things that are
not City business.
Councilor Postell also suggested that much of this is overthinking it. He indicated his belief that
they should not be causing obstruction and reiterated that the Council is here to represent the
people. He also stressed that he does not want to put more work on the already busy Clerk's
office by requiring advanced registration. Mr. Postell indicated that he does not want to create
the perception that the Council does not want people to come and to talk.
Councilor Duarte indicated that he agrees with Councilor Sanders and with the ACLU letter that
a pattern is developing and that the guidelines are being pursued in response to a singular
situation. He believes that this procedure is overkill and is a solution in search of a problem.
Mr. Duarte indicated that he will not support anything that requires people to sign up in advance
for items not on the agenda as he believes this chills public input.
Councilor McCaul expressed his preference that people register ahead so that it can be on the
agenda since then the Councilors can gather some more information and have a dialogue.
Councilor Duarte discussed how, when the vote was taken to suspend public input, it was not on
the agenda but that the advice of the Law Department was that it was not anticipated by the
Chair. He wondered if the same principle would apply if something came up during public input
since it would not have been anticipated by the Chair. He indicated that items can easily be
referred to a committee for discussion.
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Page Four
November 22, 2022
The Committee of the Council as a Whole - Continued
Attorney Costa reminded the Council that in addition to the Open Meeting Law, there are also
the Rules of the Council that govern meetings.
Councilor Coute stated that best practice would be to refer items to a future meeting. He stressed
that the most transparent way to have public input would be to have everything to be discussed
on the agenda.
Councilor Quintal expressed his opinion that things should go back to the old way. Additionally,
he said that he doesn't think he could be stopped from going to the podium to rebut something.
Attorney Costa indicated that if someone was disparaged they can rebut it, as that is a standard
rule of meetings.
Councilor McCaul questioned if public input could be held during the committees and Mr. Costa
indicated it could be either the full Council or committees. Mr. McCaul suggested the
committees be considered.
Councilor Coute stated that the Council should be following the Open Meeting Law guide.
Councilor Borges suggested they open public input.
Councilor Pottier indicated that during public input, the Council cannot interact with the public
and only can refer to a subcommittee. Allowing items to be on the agenda allows for interaction.
He stressed that anything discussed must be relevant to City business and that it is helpful to give
the Chair some guidance since it is up to the Chair to rule people in or out of order.
Councilor Pottier retracted his motion.
MOTION: Allow for public input. So voted.
Kara Civali of 110 Dean Street suggested the Council consider a public forum so that a back and
forth could happen. She indicated that signing up is not needed or fair. She further stated that it
has been shown repeatedly that there is interaction. Ms. Civali also mentioned that the vote to
suspend public input was not on the agenda.
Jean Fountain of 288 Highland Street referred to an earlier meeting where she had spoken about
a City Councilor. She indicated that she didn't know all the rules but would have thought that
this would be the place to address the issue. She indicated that never once did she attack anyone
and when she mentioned the name she was shut down. Ms. Fountain questioned if you have an
issue with a Councilor, who you would take your complaint to. She indicated that the following
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Page Five
November 22, 2022
The Committee of the Council as a Whole - Continued
week a friend of the Councilor came in, spoke on his behalf, and then they immediately shut
down public input.
Councilor Lawrence Quintal of 80 Broadway indicated that his friend came to speak voluntarily.
He stated that he was not there that night and was not offended. :Mr. Quintal stressed that it was
not orchestrated to have a friend come in.
Carol Doherty of 148 Highland Street shared her beliefthat this is a critical subject and shared
her experience with public input when on the School Committee. She indicated that the
Councilors are public servants and they need to respect the voice of the public.
MOTION: Close public input. So voted.
Councilor Coute made the following motion:
MOTION: The Law Department to draft an amendment to the existing procedures for public
input to line up with the Massachusetts Attorney General's Open meeting. law on a roll call.
Attorney Costa asked for clarification and if the registration requirement was to remain and
Councilor Coute confirmed.
Councilor Duarte emphasized that the Open Meeting Law doesn't specify a procedure for public
input. Attorney Costa stated that in the Open Meeting Law guide on the topic of public input
there is no guidance about how it is to be conducted. The Attorney General recommends that it
be invited but doesn't establish guidelines.
Councilor Sanders emphasized that as long as it's not anticipated by the Chair, there can be
discussion. He discussed how during public input the best case is that items are referred to a
committee but that there may be instances where things need to be dealt with more immediately.
:Mr. Sanders reminded that people have the right to petition their government for a redress of
grievances. He stressed that less is more and would like to see the process go back to where it
was six months ago.
Councilor Postell indicated that he is not opposed to seeing best practices. He expressed his
concern that having people sign up in advance at the Clerk's office may work for those who can
get there but not for others.
Councilor Pottier emphasized that during public input the best they can do is refer the new topic.
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Page Six
November 22, 2022
The Committee of the Council as a Whole - Continued
The motion was restated:
MOTION: The Law Department to produce a draft of amendments to the public input rules and
procedures to be in line with the open meeting law. On a roll call, Councilors McCaul, Pottier,
Coute, Quintal, and Postell voted yes. Councilors Borges, Sanders, and Duarte voted no. The
motion passed on a 5-3 vote.
The meeting adjourned at 8:46 PM.
Respectfully submitted,
CITY OF TAUNTON
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NOV .2 2 '.'022 Maggie E. Clarke
Clerk of Council Committees
IN MUNICIPAL COUf\',ClL
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RE ORTS ACCEPTED. RECOMMENDATIONS ADOPTED.
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City of Taunton
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Municipal Council
November 22, 2022
The Committee on Public Property I ~; ~ __:~~
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The meeting wa~ held ~t !aunton Ci_ty Hall, 15 Summer Street, Taunton, MA ~2780i,.n the::~~
Chester R. Martm Mumc1pal Council Chambers. p ); ~ d:J
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Present were Councilor Christopher Coute, Chairman and Councilors Mcehul, Borg~ andP•
Quintal. Also present was City Solicitor Matt Costa. Councilor Dooner was absent.
The meeting was called to order at 8:49 PM.
1. Meet in executive session to discuss potential acquisition of real estate by the City of
Taunton (Assessors' parcels 80-45 and 80-47).
MOTION: Enter into executive session. On a roll call, Councilors Borges, McCaul, Quintal,
and Coute voted yes. So voted on a roll call.
MOTION: Return from executive session. On a roll call, Councilors Quintal, McCaul, Borges,
and Coute voted yes. So voted on a roll call.
Councilor Coute reported that no votes were taken in executive session.
The meeting was adjourned at 9:22 PM.
Respectfully submitted,
CITY OF TAUNTON
Maggie E. C arke
NOV .2 .2 2022 Clerk of Council Committees
IN MUNICIPAL COUNCIL
REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. COUNCILOR SANDERS
DID NOT PARTICIPATE IN THE EXECUTIVE SESSION.
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Agenda
MUNICIPAL COUNCIL AGENDA
CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS
15 SUMMER STREET, TAUNTON, MA 02780
NOVEMBER 22, 2022 - 7 :00 PM
City Clerk's Office
INVOCATION
ROLL CALL Notice of Posting
RECORDS Time: JO.:' 1911/J7
PUBLIC INPUT
Date: /} - If? · tR ~
• 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
HEARING: NONE
COMMUNICATIONS FROM THE MAYOR
• Community Update
APPOINTMENTS - NONE
COMMUNICATIONS FROM CITY OFFICERS
Pg. 1 Com. from Special Assistant City Solicitor - Disciplinary Hearing Date -
Taunton Fire Department - Civil Service, MGL ch. 31 §41-45
Pg. 2 Com. from City Solicitor - Billiard Table Licensing Requirement
Pg. 3 Com. from Chief Financial Officer - Requesting a Transfer of Funds
Pg. 4 Com. from DPW Commissioner - Winter Moratorium Limits
COMMUNICATIONS FROM CITIZENS
Pg. 5-6 Com. from Brian Gillis, Manager-Gas Construction, Eversource - Request
for Extended Construction Season within Public Roadways
PETITIONS
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 168
Broadway, Taunton.
Street Acceptances
Petition submitted by the City of Taunton for the acceptance of Saints Way and Bridget
Drive as public ways in the City of Taunton. (PUBLIC HEARING REQUIRED)
Petition submitted by the City of Taunton for the acceptance of Johnson Court as a public
way in the City of Taunton. (PUBLIC HEARING REQUIRED)
Claims
Claim submitted by Lena Candido, 5 Goff Ave., Taunton seeking reimbursement for
damages to her automobile from hitting a pothole near 5 Goff Ave., Taunton at the stop
sign. (Already referred to the City Solicitor and DPW)
Claim submitted by Teresa Haggerty, 316 Hill St., Raynham seeking reimbursement for
damages to her automobile from hitting a pothole in front of 68 Allison Ave., Taunton.
(Already referred to the City Solicitor and DPW)
Claim submitted by Julie Raposo, 1336 Williams St., Dighton seeking reimbursement for
damages to her automobile from hitting a pothole on Hart Street/Depot Drive, Taunton.
(Already referred to the City Solicitor and DPW)
Claim submitted by Zachary Taylor, 231 Dighton Ave., Taunton seeking reimbursement
for damages to his motorcycle from hitting a raised structure on Bow Street near High
Street, Taunton. (Already referred to the City Solicitor and DPW)
COMMITTEE REPORTS
UNFINISHED BUSINESS - NONE
ORDERS, ORDINANCES AND RESOLUTIONS - NONE
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.
NEW BUSINESS
• Councilor Postell requests a motion to refer to the Safety Officer and the City
Engineer to review the intersection of Kingman Street and Seekell Street for a four-
way stop sign
Respectfully submitted,
K~
er L. Leger
City Clerk
City of Taunton
LAW DEPARTMENT
15 Summer Street
Taunton, Massachusetts 02780
Phone (508) 821-1036 Facsimile (508) 821-1397
Shaunna O'Connell Peter F. Winters, Esq.
MAYOR FLRST ASST. CITY SOLICITOR
Matthew J. Costa, Esq. Thomas P. Gay, Jr., Esq.
CITY SOLICITOR SECOND ASST. CITY SOLICJTOR
David T. Gay, Esq.
SP. ASST. CITY SOLICITOR
November 15, 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: Disciplinary Hearing Date - Taunton Fire Department - Civil Service - Massachusetts General Laws
Chapter 31 §41-45.
Dear Mayor O'Connell , Council President Duarte and Members of the Municipal Council :
This office has been contacted by Fire Chief Timothy J. Bradshaw who is requesting that the
appointing authority hold a disciplinary hearing for an employee of the Fire Department to consider the
termination of that employee's employment.
Having reviewed all the materials we agree that a hearing should be set and would request that a
hearing be scheduled for some time in December or January before the Committee of the Council as a
Whole. If the Committee would prefer, the hearing could be held on a separate night.
Please have this placed on the agenda for the Municipal Council meeting of November 22 , 2022
to determine a date for the hearing . Once that hearing date has been set proper notices will be sent
pursuant to Massachusetts General Laws Chapter 31 .
spectfully,
DTG:tmg
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vid T. Gay, Sp~st.
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Cii Solicitor
CC: Timothy Bradshaw, Fire Chief
Amy Kazlauskas, Human Resources Director
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 FTRST ASST. C ITY SOLICITOR
Matthew J. Costa, Esq. Thomas P. Gay, Jr. , Esq.
C ITY SOLICITOR SECOND ASST. C ITY SOLICITOR
David T. Gay, Esq.
SP. ASST. C ITY SOLIC ITOR
November 15, 2022
Council President Phillip Duarte
Members of the Municipal Council
City of Taunton
City Hall
15 Summer Street
Taunton , Massachusetts 02780
Re: Billiard Table Licensing Requirement
Dear Council President Duarte and Members of the Municipal Council:
On November 1, 2022 the Committee on Police and Licenses voted to refer to the Law
Department the question of whether billiard table license renewals are legally required to come
before the Municipal Council for approval.
The answer to the above question is that the City does not have the authority to waive
the licensing requirement for billiard tables (including renewals) and that the required licensing
authority is the Municipal Council.
Licensing of billiard tables is a statewide requirement, not a local option. Under M.G.L.
c. 140, § 178, a place of business in Massachusetts cannot have a billiard table available "for
hire, gain or reward " unless a license has been issued for the table. M.G.L. c. 140, §178. The
required license is issued on the local level, generally through the board of selectmen in a town
and the city council in a city. M.G.L. c. 40 §177. It appears that the licensing scheme has not
significantly changed since the 1800's. See Commonwealth v Blackgammon's Inc., 382 Mass.
610 (1981) (discussing the history of billiard table licensing).
In sum, under present law, businesses are required to obtain annual licenses for billiard
tables from the Council in order to comply with state law.
v~
, Esquire, City Solicitor
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City of Taunton Ligia M. Madeira, Esq.
CHIEF OF STAFF
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OFFICE OF THE MAYOR
City Hall Patrick D. Delio Russo, Jr.
15 Summer Street · Taunton MA 02780 CHIEF FINANCIAL OFFICER
(508) 821-1000
Gill E. Enos
BUDGET DIRECTOR
MAYOR SHAUNNA O'CONNEil
11-18-22
Dear Council President Duarte and Members of the Municipal Council ,
The Finance Department has been made aware of a fund transfer request in the Office
of Economic Development for an amount of $3,000 for a promotional increase inside
their office. The transfer would be as follows and requires no additional appropriation:
From: 01-182-5200-5725
To: 01-182-5100-5107
All parties are in favor and there are sufficient funds to complete this transfer and
promote the employee.
Thank you for your consideration and support
atrick D Delle Russo Jr.
Chief Financial Officer
City of Taunton
City of Taunton, Massachusetts
DEPARTMENT OF PUBLIC WORKS
Fred J. Cornaglia Anthony Abreau
Commissioner Assistant Commissioner
November 10, 2022
Honorable Mayor Shaunna O'Connell, and
Members of the Municipal Council
City Hall
15 Summer Street
Taunton, MA 02780
Mayor O'Connell and Municipal Councilors:
The Department of Public Works (DPW) respectfully requests that the Commissioner of the DPW be allowed
to authorize contractors to continue to work in city roadways beyond the winter moratorium limits outlined in
City Ordinance 383-20 Restrictions upon issuance ofpermit that prohibits a permit involving excavation in
any street or way, sidewalk, state highway within the boundaries of the City be issued between November 1
and April 1. Authorization of work from the Commissioner will be conditional on the forecasted weather. All
contractors will be notified that construction work must be suspended, and that no further permits will be
issued should inclement weather occur that might otherwise adversely affect traffic flow. Any excavation
permitted during the winter moratorium will not be allowed to be plated.
If you should have any questions regarding public works projects or the moratorium period, please feel free to
contact the DPW.
Respectfully,
~=~~}
Commissioner
Department of Public Works
Craig C. Sherman Operations Center
90 Ingell Street
Taunton, Massachusetts 02780
Telephone: (508) 821-1431
Fax: (508) 821-1059
EVERS$URCE
November 10, 2022
Taunton City Council President Phillip Duarte and
Taunton City DPW Chair John Mccaul
City Hall
15 Summer St
Taunton, MA 02780
RE: Eversource Gas of Massachusetts
Request for Extended Construction Season within Public Roadways
Dear President Duarte and Mr Mccaul,
Eversource Gas of Massachusetts (EGMA) hereby requests permission to extend their 2022
construction season consisting of excavations on public roadways within the City of Taunton until
January 1, 2023, weather permitting. This request is an extension to the typical mid-November
time fame in which Taunton DPW no longer allows excavation to occur within public roadways,
with the exception of emergency gas leak repairs.
As of November 10, 2022, EGMA is still working three gas main replacement projects in the city
which are approximately 50 to 90% complete. We expect the work required to complete these
jobs to carry into mid to possibly late December as we wrap up the gas service replacements
and final abandonment of the aging gas pipelines. Those projects are Cohannet St Phase 2,
Phase 4 and Phase 5 and were discussed in person with the DPW at a meeting which was held
on November 3, 2022.
Additionally, EGMA is requesting to complete scattered gas work into mid December including
but not limited to gas leak repairs, gas service stub abandonments, and new gas service
installations.
Upon being granted perm1ss1on, EGMA agrees to work closely with and communicate on a
weekly basis with the Taunton DPW on current jobs in progress and their respective locations as
we have successfully done in the past years. Also, EGMA will closely monitor the weather for
any forecasted snow or freezing conditions to ensure safe construction activities. Lastly, road
plates, if used, will be done so with the prior notice to the Taunton DPW and will not be left in
place if there is any chance of snow in the forecast.
EGMA respectfully requests approval to continue working the requested extended work season
and is available to meet with the Council to discuss this request at its next scheduled meeting.
Should you have any questions, please do not hesitate to contact me at the office
(508)-468-7 411 or by email at brian.gillis@eversource.com.
Page 2 of 2
Very truly yours,
Eversource Gas of Massachusetts
Brian Gillis
Manager - Gas Construction
cc: File
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NOVEMBER 22, 2022 q
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Honorable Shaunna L. O'Connell, Mayor CJ 3.'. l> ' rri
Council President Phillip E. Duarte
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And Members of the Municipal Council :z:;x; ("")
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The following committee meetings have been scheduled for Tuesday, November 22, 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 vouchers and payrolls for City departments.
2. Meet with the CFO and Human Resources Director for a presentation on analysis of elected
officials compensation.
Please note: A "meeting" ofthe entire Municipal Council, as said terms is defined in Mass.
Gen. L. C. JOA, §18 may occur concurrently with this committee meeting.
THE COMMITTEE OF THE COUNCIL AS A WHOLE
1. Meet with the Building Commissioner to discuss issues at 46 Harrison Street.
2. Meet to discuss the proposed Host Community Agreement for Medicine Man Solutions, LLC
for a marijuana retail establishment at 597 Winthrop Street.
3. Meet to discuss public input.
Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass.
Gen. L. C. 3 OA, § 18 may occur concurrently with this committee meeting.
THE COMMITTEE ON PUBLIC PROPERTY
1. Meet in executive session to discuss potential acquisition of real estate by the City of
Taunton (Assessors' parcels 80-45 and 80-47).
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,
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Maggie E. Clarke
Clerk of Council Committees
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