City Council

City of'Taunton :M.unicipa{Council:M.eetino :M.inutes City 1fa{{, 15 Summer Street, 'Taunton, :M.)t In tne Cnester ~ :M.artin :M.unicipa{Council Cnam6ers - :M.inutes, Pe6ruary 21, 2023 at 7:24 O'cfoct<P.:M.. <R§gufar :Meeting :Mayor Sliaunna £. O'Conne{[presicfing <Prayer was offerecC 6y tfie :Mayor jf moment of silence was offerecCfor :Marie (]Jreen wlio was a cCevotecC wife ancC motlier ancC a Congtime <Taunton resitfent. :Marie wor~cCfor over 30-years as a peaiatric nurse at :Morton Jfospi,ta[ caring for many cliiltfren. In lier retirement slie wor~cC as an outreacli nurse for tfie Council on }fging liere in tlie City of<Taunton. Sfie carecCfor a{[ of our seniors ancC auf woruleiful wor{ witli tliem auring CovU! :Marie was a committee{ mem6er of tlie <Taunton meaua[ community ancCwi[[ 6e sorely missed: jf moment of sifence was also offerecCfor :Nancy (]Jum6augli wlio was a cCevotecC wife ancC motfier ancC a lifeCong <Tauntonian. :Nancy lieltf various positions in tlie City of <Taunton inclucCing Secretary to :Mayor c.R.Ptfy (])a Silva in tlie 1970's. Slie worR!cC at <Taunton Jf¥Jli Sclioo[, <Taunton <Pro6ate Court ancCS~(])(J). :Nancy also servecC on tlie Zoning (]JoarcC of}fppeals. :Nancy truly fovea <Taunton ancC was a passionate acCvocate of tfie City. <Tlieir tliouglit ancCprayers remain witli 6otli famiBes. <Present at ro[[ ca[[were: CounciCors <Poste{[, Quinta[, Sarufers, <Pottier, :M.cCau[, (]Jorges, (J)uarte ancC CJJooner CounciCor Coute was a6sent. Record of preceding meeting was read by title and approved. So voted. Opportunity for input by the general public. No one spoke during public input. Hearing: NONE Communications (rom the Mayor: Mayor O'Connell said as a reminder, the Honor Our Military Banner program is going on now. Applications are open. The applications can be found on the City of Taunton website. There is limited number of banner spots available and it's on a first come, first serve basis. The banners will be displayed beginning of May. Also, as you know, February is Black History Month. This Saturday, February 25th from 1:00 p.m. to 3:00 p.m. at the Old Colony History Museum there will be a presentation called Celebrating the Persistence of Patriots of Color. There will be speakers discussing the history of the  2 55th Regiment and the opening ceremony will feature a flag exchange between our Museum and the Varnum Memorial Armory Museum. The public is welcomed and encouraged to attend this event. Appointments: NONE Communications from Citv Officers: Com. from the City Clerk regarding the appointment of two (2) permanent full-time Police Officers. Requisition #09016 (list of names) was provided. Motion was made to refer to the Committee on Police and License and the Police Chief. So voted. Com. from the City Solicitor regarding the School Committee stipend question they received. The stipend increase took effect this fiscal year increasing the School Committee stipend from $6,000 to $12,000. The stipend was proposed in the School Committee's budget. The proposed budget that was publicly presented by the School Committee during its budget review process shown, under "School Committee", an FY22 budget for School Committee stipends of $48,000 and an FY23 budget for said stipend of $96,000. Thus, the budget that the School Committee proposed reflects the increase in the School Committee's stipend. The School Committee reviewed its proposed budget at several public meetings and held the required public hearing concerning its budget. The School Committee does not approve its own budget, including its stipend; the School Department's budget assessment is approved by the Municipal Council. It appears that, in the past, the manner in which the School Committee's stipend has been approved is through approval of the budget. The Municipal Council has not had a past practice of voting separately on the School Committee stipend. The previous increase in the School Committee's stipend, in 2005, was not the subject of a separate vote and therefore appears to have been approved as part of the Municipal Council's budget approval. Thereafter, annually the stipend has been re-authorized as a component of the annual approval of the budget. M.G.L. chapter 71, § 52, provides essentially that, in a city, if School Committee members are compensated, their compensation is set by vote of the City Council. The statute does not prescribe a specific procedure. Thus the past practice of approving the stipend annually through the Municipal Council's approval vote of a budget is not prohibited by the statue. The Municipal Council voted in 2022 to approve the School Committee's proposed total budget. Said vote inherently incorporated the components of the budget. Based on the above considerations the Law Department's opinion is that the Council's vote to approve the proposed budget was sufficient to constitute an approval of the stipend. In the future, if the Municipal Council disagrees with the proposed stipend, they should separate that item out for a separate vote. Motion was made to refer to the Committee on Finance and Salaries with discussion with the Chief Financial Officer regarding procedures that they are putting in place for the current budget process. So voted. On discussion, Councilor Borges said after reading this letter and haven spoken to Attorney Costa regarding this increase, it just doesn't seem to answer the question that they actually had. First of all, the School Committee does approve their budget. She knows that because she gets the same manual that the School Committee gets for Taunton and Bristol Plymouth. In that, it says the Principal provides the budget, the School Committee votes on it and then it comes to the City Council where they vote on the budget again. To say that the School Committee doesn't vote on their budget, she doesn't feel is accurate but she'll leave that to Attorney  3 Costa to discuss further. She also thinks that this letter does not answer the questions that they had as a Council. The question they had as a Council is whether or not this actually violated Chapter 268 where the School Committee, much like the City Council, should not be getting a pay increase during the year that they serve. They should have to wait it out until after an election year. She thinks that is the question that the City Council had at the time they made the motion which is, are you able to take a raise in the term that you are currently serving. Councilor Borges made a motion to refer the letter dated February 9, 2023 from the City Solicitor to the Ethic Commission for a report back to the City Council as to whether or not M.G.L. Chapter 268 was followed. On discussion, Attorney Costa said he does not have the vote from when this was last discussed. He doesn't have a vote that the Law Departments question was whether there was a problem under Chapter 268A. He thinks before going out to an external agency, if the Council would like the Law Department to look at this issue, they would review this. This is not what the Law Department incorporated into this letter because they didn't understand this to be the question. Councilor Borges withdrew her motion. So voted. On discussion, Councilor Pottier wanted to know also what he believes his colleague meant as well, was not to refer the letter itself to the Ethics Committee, but the issue. He has no problem with the letter and appreciates City Solicitor Costa drafting it even though he might have some differences of opinion. He certainly is the lawyer and he is not so, he appreciates that. What he particularly likes about the letter is mentioning that the Council is responsible for the stipend of the School Committee. They had a very open and public transparent process. They debated the future Council and the future Mayor's salary. For the salary to take part as an order to be in effect as of January of next year. They had at least two public meetings. They were advertised as such on the agenda. The CFO presented them with a number of options. They gave a number of opinions back and forth with just not the Committee but with the entire Council. He thinks that the process could have not been more transparent compared to whatever the process the School Committee went through. He specifically did ask for information and appreciated the couple hundred pages they gave him but the generic was the only one that showed the School Committees stipend being doubled. Seemingly, it did not have any public discussion. It did not have any public consideration. It did not have any analysis done as far as the doubling went on. Motion was made to refer the stipend level for next year to the Finance and Salaries Committee for discussion seeing that it is perview of the Council. So voted. On discussion, Councilor McCaul said he would feel a lot more comfortable if they could have someone who represents the School Committee to come in front of the Council to have a discussion on how this happened. We voted on this budget and he hates to say this but shame on us because we should have known that there was a raise on that budget. This maybe could have been alerted by our CFO or someone that could have told them that there was an increase but, we voted on that budget and approved it. He has to say sorry he didn't see it himself but, they did vote on that budget and it was approved. He would feel more comfortable to have someone from the School Committee come in front of them and explain it because they all talked about themselves not getting a raise and since 2005, they have not had a raise. You're looking at 4% every year to the present date, that's how much they have increased. The School Committee did the same thing, increasing 4%, maybe 4.1 %. Councilor Duarte said he could not disagree more. If this had come in front of the City Council, meaning the School Department's budget, this would have not been pointed out. It's also a disingenuous statement that's been made by numerous people involved in this that they would have seen this because it's in the School Committees line items. At least in the three budgets that he has done,  4 they have never received an actual copy of the School Committee budget line items. When they have come in the past to do a presentation, on their budget all they are provided with is a copy of the actual budget presentation which is pretty much identical to the presentation that's done at the School Committee. So even the representation that the public, if they attended a School Committee meeting budget presentation would see these line items is also disingenuous. He thinks if you surveyed all 60,000 residents of the City, they would not be aware that this was a line item in the School Committee budget. As the Council President at the time of that budget process, there was nothing that they missed in the process because he can assure you that this would have not come up. As the past and present Chair of the Finance and Salaries Committee where this has been brought up, he doesn't think that they will receive any different response having someone here in person representing the School Committee as they received when they requested an answer to this issue in writing which as Councilor Pottier allotted too, was hundreds of pages of superfluous information that provided no actual context to what happened. Councilor Borges said as a point of information, she agrees with Council Duarte. All the years that she has served, the School Committee has never been before them with a line by line with having anything to do with salaries. This was just because they pulled it from the Auditor's office to find that out. They could come before them in May. Now they know about it so they are going to ask about it. It's not something they have ever had at any presentation. It's not on their website and not during any previous budget hearing that she ever had been involved with. Councilor Pottier said he appreciates Councilor McCaul' s comments however he certainly agrees with Councilor Borges and Postell on that regard. Certainly former Council President Duarte that this would never have never found its way to them as a separate line item. It never would have had happened at all. Secondly, to Councilor McCaul's point, he believes they did impose a 4% annual increase to their own number to get to the doubling. However, they did not apply a 4% increase to their own number because they are not doubling their own stipend. Well not their stipend, but to the ones who get elected this January. The School Committee went from $6,000 to 12,000, he believes they are going from $10,000 to $16,000 which certainly is not a doubling. It's about a 2 ~%increase. Perhaps the best way to talk about this is would be at the meeting with the Finance and Audit Committee where they discuss this for their stipend for next year. Com. from the City Solicitor regarding the request to receive a legal opinion from the Law Department as to whether the Council has authority to remove an appointed Board member who was appointed by the Mayor with the approval of the Council. The question does not reference a specific board or position and is therefore general in nature. The power to remove an appointee depends on the position and the statue or ordinance that creates the position. For positions that exist pursuant to a general law, if there is a power to remove it is usually held by the appointing authority, which, in the question presented, is the Mayor. Therefore, the answer to the question is that ifthe Municipal Council is not the appointing authority for the position, but only approves the Mayor's appointment, then in general it would not have the authority to initiate a removal process as to such position. However, to remove an appointed official varies, depending on the position and the ordinance or statue that establishes said position. If the statue that governs the position states a removal process, the statutory process for that position must be followed. In some situations there may be a power to remove an appointed official before the end of his or her term. Councilor Borges made a motion to get further detail about the appointment removal of Airport Commissioners. Also, the Law Department come  5 back to the City Council for the Commissioners. She'd like to get an answer by next Tuesday, February 28th on whether or not they can remove an airport Commissioner. On the City Officials and the Boards that are appointed by the Mayor and confirmed by the City Council, she would like the Law Department to come back in 30-days and specifically give the Council these Commissions and Department heads where the City Council stands on unappointing some of these appointments that they appoint. So voted. Communications from Citizens: Com. from Ernest Cardoza, GTAAVC President requesting to conduct Memorial Day parade on Monday, May 29, 2023 beginning at 1:15 p.m. (Formation at 12:30 p.m.) Motion was made to refer to the Committee on Police and License and the Police Chief. So voted. Petitions: NONE Committee Reports: Motion was made for Committee reports to be read by title and approved. So Voted. Recommendations adopted to reflect the votes as recorded in committee reports. So Voted. Unfinished Business: Councilor Borges said last week the Council of the Whole met and she had requested that the Council of the Whole met requiring all HCA and Cannabis Licenses that have come before the Council have a business plan available to the Council prior to them reviewing the applications. During that meeting, Councilor President Dooner spoke stating that this is already a requirement of our applications. She spoke to the Law Department, she read the Ordinance herself, and this is not something that is mandatory to have when you apply for a HCA or a license. Motion was made to require all cannabis retail licenses and/or HCA's to present a business plan with all applications moving forward to the City of Taunton. By a show of hands, six Councilors were in opposition. The motion did not pass. On discussion, Councilor Dooner said what she read was directly from the Ordinance that she was given by the Law Department. Councilor Sanders said he is concerned about the additional layers of expectations they place on businesses in the cannabis industry. They don't ask the guy who wants a used car license to provide a business plan. They don't ask the business that wants to build 10-apartments to provide a business plan. He doesn't think they ask this from anybody. He is concerned that the cannabis industry is already under what he would consider to be unprecedented, incomparable levels of scrutiny. It has always been his intention to have these businesses eventually start getting treated like other businesses in the community. He is not entirely onboard with the idea of adding additional requirements like a complete business plan in order to get a HCA or a license in the City. He doesn't imagine he'll be supporting this motion with all due respect. The City Solicitor wanted to clarify that the Ordinance about licenses states that the Council may require the applicant to submit a business plan. That's something that the Ordinance states that the Council may require. If the Council by vote wanted to do under the license, it's already under the Ordinance. Also, he didn't watch the meeting last week but he feels this is a topic that's kind of a high importance and it's not on the agenda, so it's up to the Council in some respect, on what it wants to  6 deliberate about. He has some concerns that the agenda says Unfinished Business being none, and that this kind of matter of high importance the City comes up under Unfinished Business and so it would seem like this might require more deliberation and input before the Council makes a decision. This is his respectful suggestion. Mayor O'Connell asked if he is suggesting that this be referred to the Committee of the Council as a Whole. The City Solicitor said he is respectfully suggesting that he thinks that would be appropriate. They have put a lot of thought into other changes in the marijuana procedures over time and it seems like this would be a substantial change. If any legal input is necessary they would like the opportunity to be prepared. Councilor Borges said with all due respect Attorney Costa, you and I had a conversation just this afternoon and talked in great length about this and he said "I suppose you could make a motion and require it, it doesn't have to go to Ordinance". On Councilor Dooner's comment, she cautions any Councilor who has a piece of paper they are reading off of in front of them, to make sure that the information they are actually putting out to the public is accurate and that was not. Councilor Duarte said he thinks this is beating a dead horse. As he pointed out in last week's meeting, the section that was just read, does say that it may be required but there is also a separate line that requires a full copy of an applicant's application to the Cannabis Control Commission which among many other things, includes a copy of their business plan. Even if by accident they did require that business plans be submitted because they are a part of their full application with the Cannabis Control Commission and that is why they are on file in the City Clerk's office. Councilor Borges pressed the motion. Councilor Dooner wanted to clarify, this wasn't a piece of paper this was the Ordinance. She said the Council has the authority to request. They can require this from the applicant. Mayor 0' Connell said as Attorney Costa has stated, nothing was placed on the agenda under unfinished business. This discussion is going a little further than it should when there is nothing listed on the agenda. If Council wants to continue this discussion, it should be referred to the Council of the Whole for further discussion. Councilor Borges asked Mayor 0' Connell or the City Solicitor to define unfinished business, what exactly can go under unfinished business because to her this is unfinished business. Attorney Costa said on the agenda under unfinished business it says none, so what he is suggesting is that no one at the meeting and no one in the public has any notice that this is going to be discussed at this meeting. He also wanted to clarify that in a private discussion, he never suggested to Councilor Borges that this matter be brought up tonight for a vote, he respectfully doesn't appreciate that comment. Councilor Borges said that is not true. Councilor Pottier made a motion to refer this discussion to the Committee of the Whole for discussion at a later date. Councilors Duarte and Borges were opposed. Motion passed. Orders, Ordinances and Resolutions: NONE New Business: Councilor Dooner made a motion to refer to Committee on Finance and Salaries to invite the CFO for a discussion to treat all marijuana revenue as miscellaneous and not as reoccurring revenue and what the procedure would require to do this. So voted. Meeting adjourned at 7:55 P.M.  7 A true copy: Attest: JLL/KLD  8 City of Taunton l Municipal Council I ---( February 21, 2023 I -< .,l'l The Committee on Finance and Salaries o r :r J:> :r> ~.\:G ·~ -::- The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA :ij2780 in t!1§' Chester R. Martin Municipal Council Chambers. Present were Councilor Phillip Duarte, Chairman and Councilors Pottier and McCaul. CFO Patrick Delio Russo and Budget Director Gill Enos were also present. The meeting was called to order at 5 :34 PM. 1. Meet to review the weekly vouchers and payroll for City departments. MOTION: Approve the payroll warrant in the amount o/$3,941,057.31. So voted. MOTION: Approve the accounts payable warrant in the amount o/$1,517,339.22. So voted. 2. Meet to discus~ the request from the Commissioner of the Department of Public Works to transfer $683,000 from Sewer Enterprise UFB Pump Station Improvements, $136,000 from Sewer Enterprise UFB 2018 Sewer and Drain Improvements~ and $1,181,000 from Sewer Retained Earnings to Bennett School Sewer Extension.· Mr. Dello Russo explained that this transfer would allow .for the Bennett School and the Oakland Fire Station, which have failing septic systems, to tie into the sewer. Since there are some excess funds they are asking for these transfers. Councilor Pottier asked if any residents would benefit and Mr. Dello Russo indicated that there are homeowners who would be able to connect and notices will be sent. Councilor Duarte asked how many homeowners could connect and Mr. Dello Ru,sso did not know that off-hand but indicated that he could provide that answer. Councilor McCaul praised the effort indicating that it both saves money on the repair of the septic system and makes money from homeowners tying into the system. MOTION: Approve and transfer $683, 000 from Sewer Enterprise UFB Pump Station Improvement (account no. 32-3590-3590-18-001), $136, 000 from Sewer Enterprise UFB 2018 Sewer and Drain Improvements (account no. 32-3590-3590-18-002), and $1,181,000from Sewer Retained Earnings/Undesignated Fund Balance (account no. 63-3590-3590) to Bennett School Sewer Extension (account no. 32-443-5823-5803).  9 Councilor Borges asked for the cost of repairing the septic system at the school and Mr. Dello Russo indicated that would be approximately $500,000 but this will also include the fire station so makes the best sense. So Voted. 3. Meet to discuss the proposed creation of a revolving fund for School Department maintenance and supplies. Mr. Dello Russo explained that a new source ofrevenue has been identified and that is the sale of surplus of items from the School Department and that the agreement is that 80% of the sale will be retained by the schools and 20% would go to the City's miscellaneous non-recurring revenue account. The City will administer the program and will handle taking the photos, pick up, and so on. MOTION: Approve. Councilor Duarte asked why these funds can't go into the existing revolving account and Mr. Dello Russo indicated that since these are not specified they go into the general fund. So Voted. The meeting was adjourned at 5:41 PM. CITY OF TAUNTON Respectfully submitted, FEB 21.2023 ~· t' [{£0--A>-- IN MUNICtPAL COUNCIL Maggie E. Clarke Clerk of Council Committees RE ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. Committee on Finance and Salaries February 21, 2023 Page2 of2  10 City of Taunton Municipal Council February 21, 2023 \ \ The Committee on Police and License \ - ~'~ ~ {J-:-> " ..c ·l".j "j:"·' The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA-027~.0 int~ Chester R. Martin Municipal Council Chambers. p ;~ :::= ~ .. Present were Councilor Jeffrey Postell, Chairman, and Councilors Sanders ancPBorges. o Detective William Rutherford, Building Inspector Bob Pirozzi, Officer Arsenic Chaves, City Planner Kevin Scanlon, and Nichola Dobeib of 391 Winthrop Street were also present. The meeting was called to order at 5 :44 PM. 1. Meet with Detective Rutherford on the petition to renew the Fortune Teller's License of Dawn Lorraine located at 159 Silverwood Drive. Detective Rutherford indicated that there have been no issues with this applicant. Councilor Sanders asked if this is a residential area and Detective Rutherford indicated that the applicant has permission from the City Planner. There is no advertising allowed onsite. MOTION: Approve. So voted. 2. Meet with Detective Rutherford and Building Inspector Pirozzi for an update on progress at A. T.N.T. Auto Sales at 391 Winthrop Street. Mr. Pirozzi indicated that the A T.N.T. Auto Sales has made application to go before the Zoning Board of Appeals for a variance on the sign. He further reported that he spoke with the City Engineer who would like to evaluate the berm during a rain storm. Detective Rutherford expressed his concern with the vehicles in the back of the building that impede traffic flow around the building and are not in line with the site plan review. Further, he indicated that when he went by the location he counted 2 or 3 cars in excess of the 30 allowed. Mr. Dobeib told the Council that some of the vehicles are waiting to be registered. Detective Rutherford showed the plot plan that allows for access around the back of the building. Councilor Borges asked if that access is required for all Class Ils and Detective Rutherford indicated that it depends on the site plan as decided by the Planning Board. Councilor Borges asked how often the number of cars on a lot is checked and Detective Rutherford indicated that it varies but often this is looked at ifthere are complaints. He reiterated that 30 cars is the maximum allowed for this business and he believes that currently there are 32 present.  11 Councilor Postell expressed his concern not just with the number of vehicles but with the egress around the back of the building that prohibits access for emergency vehicles. Mr. Dobeib explained that it sometimes ta1ces 7 days to get plates. Councilor Sanders stressed that 30 is the rule that was established and Mr. Dobeib needs to tighten things up as there have been several issues. Councilor Postell indicated his belief that the Council has been reasonable and he is concerned about egress for safety vehicles. Mr. Dobeib pointed out that there are stairs prolllbiting access regardless of the vehicles present. Detective Rutherford stated that he will ta1ce another look. Councilor Borges asked what has been completed since the license was extended and it was noted that they have filed with the ZBA and he is waiting to complete landscaping. Mr. Dobeib stated that he is usually under the 30 car limit. She suggested that the Committee receive an update in 30 days. Councilor Postell suggested an update sooner than 30 days to determine the accuracy of the site plan for passage of a fire truck. Councilor Sanders suggested that the Committee give it until the end of April to give time. for landscaping to be completed. Kevin Scanlon reported that the City Engineer has looked at the berm and determined it to be a non-issue. He further suggested April 30 as a deadline. Councilor Borges asked when the application for the variance with the ZBA would be heard and Mr. Scanlon believed it would be this Thursday. MOTION: The petitioner to return the first week ofMay to give an update and to bring Mr. Strojny to be present. Detective Rutherford to obtain the most accurate plot plan. So voted. 3. Meet to discuss a comprehensive review of no parking, speeding, and safety issues from Fifth to Third Streets on West Water Street. Councilor Postell indicated that this is an item that was in the file that goes back to 2021. _ Officer Chaves reported that he has been looking at this area for a while and dld a speed review which he provided to the Committee. What he saw was that overall speed was generally low with an average speed of 28 mph so he didn't see speed as a major issue. However, he did report that thete is lots of traffic on that street with _over 53, 000 vehicles seen over a week. He indicated that he has had lots of complaints from parents of students of the dance studio and patrons of other businesses who have difficulty pulling out of the parking lot at mght. Officer Chaves suggested that prohibiting parking on that stretch would solve some of the problems. He reported that there is currently an ordinance that prohibits parking from 3rd to 5th Streets but there are no signs. I Councilor Postell suggested that the traffic unit be deployed to monitor that location at busy times. The Committee on Police and License February 21, 2023 Page2 of4  12 Councilor Borges asked if there was a revised ordinance for that location and requested an accident report from the time the Ordinance was ordained. Officer Chaves reported that he had looked into accidents at that location and found there to be 9 since 2019 at 3rd and West Water Streets but that he has received several complaints about parking. Councilor Borges suggested that the DPW come in and explain why there are no signs. MOTION: Police and License Committee send a communication to the DPW requesting that they report on why signs weren't up and who told them they were not to be installed Within two weeks the DPW to bring the signage on the road up to compliance with the ordinance. Traffic enforcement team to be deployed to that location. Councilor McCaul reported that he has been meeting with the DPW and they are working on a plan for that area that includes traffic, sidewalks, the crosswalk, lighting, etc. He asked that the Committee refer the issue to the DPW Committee and he'll set up a meeting of the DPW Committee to update on the plans. · Councilor Borges stated that the signage needs to be taken care of immediately. Councilor McCaul stated that they did put cones out but someone keeps moving them. He agreed that safety is key but the DPW is putting a plan together. Councilor Borges stressed that the signs should be put up tomorrow. The rest can be done later. So voted. 4. Meet to discuss the number of used car licenses issued in the City. Councilor Postell indicated that this issue was originally raised in 2021 by former Councilor Carr. Detective Rutherford reported that there had been a restriction on the number of licenses years ago but the court system overturned it, saying that it was biased against used car dealers. Councilor Postell asked the detective if there is anything that should be done better and Detective Rutherford indicated that he didn't think so at this time. Councilor Borges suggested that perhaps the Law Department could advise on something that could be done to limit the amount but that she doesn't see this as a problem so she didn't want to pursue that. 5. Meet to discuss the notice received from the Massachusetts State Lottery Commission regarding applications for KENO licenses. The Committee on Police and License February 21, 2023 Page3 of4  13 Detective Rutherford indicated that the only issue with this could be if the business changes its format (put up a table, for example) in which case they would need to come before the City Planner. The meeting adjourned at 6:37 PM. CITY OF TAUNTON Respectfully submitted, FEB ·212023 '1!NL~ e. Cie<-Ju- IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees PORTSACCEPTED. RECOMMENDATIONSADOPTED . .l"-""v.KI RK~ i-uf- The Committee on Police and License February 21, 2023 Page4 of4  14 City of Taunton Municipal Council February 21, 2023 The Committee on Ordinances and Enrolled Bills ,';··: _:·1r;1 , - r --~. -~··~ The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, M~ 02:-:Y-80 in the .· : -< Chester R. Martin Municipal Council Chambers. ~:! ;: )> r11 ~ - Present were Councilor Barry Sanders, Chairman, and Councilors Dooner affil. McCaute, Attorney Peter Winters, City Planner Kevin Scanlon, Detective William Rutherford, CFO Patrick Dello Russo, and City Solicitor Matt Costa were also present. The meeting was called to order at 6:39 PM. 1. Meet to discuss the proposed Temporary and Transient Vendor Ordinance. Attorney Winters explained that he had worked with the licensing and zoning officers to revise this ordinance. They looked at the lat;lguage, consolidated the temporary fixed and transient vendors, and revamped the application. Kevin Scanlon reiterated Attorney Winters comments and stressed that this modernizes the ordinance and the process will make things clearer for the applicants. Detective Rutherford added his support for this up-to-date process and looks forward to this eventually being online. Councilor Dooner asked if there is also a fee increase included and Attorney Winters stated that there is a slight increase and those that were previously $200 would now be $250 to keep it consistent. Councilor Dooner indicated that she would not be in favor of a fee increase. / Councilor McCaul agreed with Councilor Dooner and opposed a fee increase. Councilor Sanders asked ifthere is anything in the ordinance that would preclude similar temporary businesses from setting up near brick and mortar locations and it was determined that this does not do that. He further asked for the length of time for the license and Detective Rutherford indicated that the license would be good for one year and expires April 30. Mr. Scanlon explained that the zoning approval is tied to the site. Councilor Sanders asked for clarification as to the types of businesses that would be impacted by this Ordinance and Detective Rutherford stated that food trucks, temporary flower vendors, and Christmas tree sales would be impacted. Councilor Pottier asked if this would impact vendors at the Christmas parade and Detective Rutherford indicated that they are covered by a Hawker and Peddler License from the state.  15 Mr. Scanlon explained that there were several cases where people were frustrated with the process and the requirements were not clear. They began by looking at the application. Councilor Borges asked how many were from out of town and that information was not readily available. Ms. Borges suggested perhaps a different fee could be charged for local vs. out of town applicants. Councilor Sanders asked Attorney Winters ifthe Council could create a buffer zone. Attorney Winters thought there might be legal issues but also expressed concern with enforcement. Councilor McCaul expressed his interest in establishing a buffer zone since he doesn't believe it's fair to existing businesses and suggested the Law Department look into this. Concern with enforcement particularly for food trucks was mentioned by Detective Rutherford. MOTION: Support the information given and move to a first reading but keep thefee at $200. So voted. MOTION: Request that the Law Department look at establishing a buffer zone for vendors selling similar items and report back in 45 days. So voted. 2. Meet with the CFO to discuss the proposed title change under Chapter 96 "Procurement Department". Mr. Dello Russo explained that the suggestion is to change the title of "Chief Procurement Officer" to "Director of Procurement". He indicated that there would be no change to duties and simply a change to the title to be more in line with other departments. Councilor Sanders questioned the impact since Chapter 30B specifically refers to the Chief Procurement Officer. Attorney Costa indicated that this position would,still act as the CPO as defined in Chapter 30B. Councilor Sanders asked who acted as the City's CPO prior to the creation of the position and Attorney Costa indicated that it was spread out throughout the City. Councilor Borges stated that she does not understand the need for the name change. Attorney Costa stated that it is simply a matter of nomenclature but this remains under the Counpil' s perview. Mr. Della Russo reiterated that this is more in line with other department director positions and that typically "Chief' is a policy making position. Councilor Sanders asked if there would be any implications under the new charter and Attorney Costa stated that all ordinances will be looked at for conflicts under the charter. Mr. Sanders requested this be tabled for a week as he had reached out to someone with some questions and is waiting for a call back. Councilor Dooner expressed her support for Councilor Sanders' request. The Committee on Ordinances and Enrolled Bills February 21, 2023 · Page 2 of3  16 MOTION: Table this item/or one week. So voted. The meeting adjourned at 7: 17 PM. CITY OF TAUNTON l Respectfully submitted, FEB ·2 1 2023 l I /!;~£- ()fa_~ IN MUNICIPAL COUN~ Maggie~'darke Clerk of Council Committees ) The Committee on Ordinances and Enrolled Bills February 21, 2023 Page3 of3  17 CITY OF TAUNTON ORDER#l7 FY 2023 .% ~ {]0£t/2Cii......................~.~~~Y..~Y...~.~-'..~~~~--········ 20.............. THE SUM OF TWO MILLION AND ZERO CENTS ($2,000,000.00) BE AND HEREBY IS TRANSFERRED AS FOLLOWS: $683,000.00 FROM SEWER ENTERPRISE UFB PUMP STATION IMPROVEMENT ACCOUNT NO. 32-3590-3590-18-001 $136,000.00 FROM SEWER ENTERPRISE UFB 2018 SEWER AND DRAIN IMPROVEMENT ACCOUNT NO. 32-3590-3590-18-002 $1,181,000.00 FROM SEWER RETAINED EARNINGS/UNDESIGNATED FUND BALANCE ACCOUNT NO. 63-3590-3590 TO BENNET SCHOOL SEWER EXTENSION ACCOUNT NO. 32-443-5823-5803 IN MUNICIPAL COUNCIL FEBRUARY 21, 2023 ADOPTED, JENNIFER L. LEGER, CITY CLERK A TRUE COPY: ATTE(L,,J;, 'I r/;/j;, PRESENTED TO THE MAYOR AND APPROVED, FEBRUARY 27, 2023 CITY&r:;~v- 'Tc SHAUNNA L. O'CONNELL, MAYOR ................................................................ (f}7k£.