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City Council

Regular Meeting

Taunton, MA · July 25, 2023

AgendaMinutes

Minutes

City of'Taunton 94.unicipa{ Council94.eeting 94.inutes City 1fa{{, 15 Summer Street, 'Taunton, !il(ft In the Cnester ~ 94.artin 94.unicipa{ Council Cnam6ers 94.inutes, Ju{y 25, 2023 at 7:11 O'cfoci.}P.94.. a'fed"ge of.ft_Uegiance ~guCar !Meeting !Mayor Sliaunna £. O'Conne{[presUfing a'rayer was offered 6y tne !Mayor a'resent at ro{[ ca{[were: Counci£ors (])uarte, <Borges, !McCau' a'ottier, Coute antiQuinta{ Councifors (J)ooner, Sanders anti a'oste{[were a6sent. Record of preceding meeting was read by title and approved. So Voted. Opportunity for input by the general public. Janet Cooke, 22 Crane Avenue North, Taunton, spoke about the upcoming election this November. She stated that there will be a vote on the proposed charter. She stated that there are a lot of people in Taunton who don't have internet access in order to see the charter and read it in full. She stated that there will be a meeting tomorrow night to inform veterans of the dangers that they have been exposed to and the resources available to help them. She stated that there is no paper notice advertising this meeting around the City, and therefore limits knowledge of this event and other events happening around the City to those with internet access. Charles Wright, 20 Chestnut Street, Taunton, spoke about the Airport Commission. Mr. Wright expressed gratitude to the Council for looking into the issues with the Airport Commission. Mr. Wright expressed gratitude to Mayor O'Connell for realizing that the information he was bringing forth regarding the wrongful behavior of the Airport Commission was somewhat accurate. He stated that there have been many suspicious appointments to various Committees and Commissions by the Mayor. He stated that one recent example was the appointment of the new Airport Commissioner. He stated that in early May he filled out an application to be appointed to that Commission, however, he was not considered. He stated that he sees a positive change at the airport and hopes that things continue this way. Mayor 0' Connell stated that although someone may state that herself or a Council member agrees or disagrees with them, does not mean that is accurate. 2 Hearing: Upon the petition of Anthony James Kinahan, Manager, Tower Three, LLC, 30 Sherwood Drive, Taunton, MA 02780 to allow a Special Permit for the use of the 32,512 sq. ft. facility for 22,046 sq. ft. of marijuana cultivation, 7,550 sq. ft. of marijuana manufacturing and 2,916 sq. ft. of marijuana delivery at 30 Sherwood Drive, Taunton, located in the Industrial District. Com. from Anthony Kinahan, Tower Three. Motion was made to open the hearing. So Voted. Com. from Anthony Kinahan stating that at the pre-review hearing on July 11, 2023 for 30 Sherwood Drive, Councilor Sanders noted he would be absent from the July 25, 2023 Council meeting. He respectfully requests the continuance be for August 1, 2023 or any meeting thereafter that full attendance is expected. Motion was made to move approval and continue until August 1, 2023. So Voted. Upon the petition of Brianna Correira, Esq., Correira Law Office, PLLC., 123 Broadway, Taunton, MA 02780 on behalf of her client Boston Capital Development Partners, LLC, 11 Beacon Street, Suite 325, Boston, MA 02108 to allow a Special Permit for a 30 unit multi-family residential use at 68 Church Green located in the Urban Residential District. Motion was made to open the hearing. So Voted. Com. from Brianna Correira, Esq. stating that she would respectfully request tonight's Council hearing relative to 68 Church Green be continued to Tuesday, August 1, 2023 at 7:00pm. Motion was made to move approval and continue until August 1, 2023. So Voted. Communications (rom the Mavor: Mayor 0' Connell stated that she wanted to address the parking issues that happened this weekend at Lake Sabbatia and Watson's Pond. She stated that the Taunton Police did respond and tickets were issued. She stated that they also have a plan to do enhanced enforcement this coming weekend in conjunction with the Environmental Police. Mayor O'Connell thanked the Taunton Police for their response this past weekend. Councilor Pottier stated that he understands there was partying transpiring on the island on the lake until late hours and also a boat was ferrying passengers back and forth from the boat ramp to the island without life preservers. He stated that he appreciates the Taunton Police Department's efforts to address that issue this weekend and anything that the Mayor and the Police Chief can do to alleviate this going forward will certainly be appreciated by the community. Mayor O'Connell stated that the City ofTaunton's Veterans Director, Ally Rodriguez, has coordinated with the Department of Veterans Affairs to hold an information session on Veterans Toxic Exposure and the PACT ACT on Wednesday, July 26, 2023 from 6:00pm to 8:00pm located in the Council Chambers. Doors will open at 5:00pm with some refreshments. Mayor 0' Connell stated that there will be a Purple Heart Day Presentation with Council President Dooner and City of Taunton Veterans Director, Ally Rodriguez, on Tuesday, August 1, 2023 at 7:00pm in the City Council Chambers. She stated that they will be honoring the City of Taunton Purple Heart Recipients. She stated that all are welcome to attend. Councilor Pottier inquired about advertising for this event through the flashing sign on the green and hand-outs on bulletin boards. Mayor O'Connell stated that Ms. Rodriguez has handled all of the advertising. 3 Mayor O'Connell stated that there will be a '90's Summer Party on Saturday, July 29, 2023 at 7 :OOpm at the Liberty and Union Plaza on Main Street. She stated that this is a fundraiser to benefit the Taunton Together Youth Program. Appointments: Appointment of Lisa Bond, Esq. to serve as Special Assistant City Solicitor through December 31, 2023. On a roll call vote, six (6) Councilors were present, six (6) Councilors voted in favor. Councilors Postell, Sanders and Dooner were absent. So Voted. Communications from Citv Offlcers: Com. from the Director, Human Services & Council on Aging stating that they are requesting permission to pay a prior year's bill for postage to the Taunton Housing Authority. Motion was made to approve. So Voted. Com. from the Executive Director, Office of Economic and Community Development, stating that they are requesting the Council's approval to pay one outstanding FY23 invoice to Conway Technology Group totaling $188.96. Motion was made to approve. So Voted. Com. from the Treasurer/Collector stating that they are requesting a transfer of funds in the amount of $845.75 to pay City Hall Systems. Motion was made to approve. So Voted. Com. from City Solicitor stating that the City has once again received an annual distribution in the amount of one thousand dollars ($1,000.000) from the Lincoln Fund to the Taunton Animal Shelter. Motion was made to accept the donation and send a thank you. So Voted. Com. from the Chief Financial Officer requesting the opportunity to present the next component of the Marketable Property Program, which they have labeled Owner Unknown. Motion was made to refer to the Committee on Public Property. So Voted. Communications from Citizens: Com. from Susan Peabody, 157 Richmond Street, Raynham, representing the estate of Esther H. Perry, stating that they would like to gift an unused parcel of land to the City of Taunton. It is parcel 43-77-0, Tremont Street, consisting of 2.83 acres, with no sfreet frontage. Motion was made to refer to the Committee on Public Property and the Law Office. So Voted. Petitions: Application for a Marijuana Retailer Establishment Host Community Agreement Application submitted by Kaival Greens Corp., 455 Bedford Street, Bridgewater, MA 02324, for a NEW Host Community Agreement for a Marijuana Retailer Establishment to be located at 225 Cape Hwy, East Taunton, MA 02718. Motion was made to refer to the Law Department and the Committee of the Council as a Whole. So Voted. On 4 discussion, Councilor Coute requested that the Law Department provide the status of the eight (8) Host Community Agreements. Flammable Storage License - NEW Petition submitted by BD Management, LLC, 50 Partridge Circle, Taunton, MA 02780 for a NEW Flammable Storage License located at 1925 & 1939 Bay Street, Assessor's Map 14, Lots 18 & 19 to store 19,050 gallons of regular gasoline - Class IB, 9,525 gallons super gasoline - Class IB and 9,525 gallons of diesel gasoline - Class II all in aboveground storage tanks. Motion was made to refer to the City Clerk for a public hearing. So Voted. 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 including those that took place after last week's general meeting, with Councilor Duarte voting present on the Committee on Police and License and the Committee on the Council as a Whole. So Voted. Unfinished Business: NONE. Orders, Ordinances and Resolutions: Com. from the City Clerk stating that during the Municipal Council meeting held on July 11, 2023 a roll call vote was taken and Massachusetts General Laws, Chapter 138, Section 12, was adopted as requested by the License Commission. She stated that the License Commission intended to only adopted paragraph 14, which reads: In any city or town which votes to accept the provisions of this paragraph, a common victualler, who holds a license under this section to sell wines and malt beverages may, upon written approval, also sell liqueurs and cordials pursuant to said license, subject, however, to all other licensing provisions of this chapter. Therefore, after consultation with the City Solicitor, she is requesting that the Municipal Council clarify the vote taken to specifically only adopt the aforementioned paragraph of this law. Motion was made to move approval. Six (6) Councilors were present, six (6) Councilors approved. Councilors Dooner, Sanders and Postell were absent. So Voted. Order to be approved on a roll call vote Ordered That, The City of Taunton will establish a Special Revenue Account whereas fifty percent of all proceeds derived from sale of city owned real estate will be placed in the Taunton Leading City Initiative Account. The City Auditor is to establish a separate general ledger account which shall not be included in the general fund. The Funds will be expended by the Office of Economic and Community Development with approval from the Mayor or designee for the following purposes: 5 • City-wide revitalization efforts • Office of Economic and Community Development Programs • Business Growth and Community Development Opportunities City-wide On a roll call vote, six (6) Councilors were present, six (6) Councilors voted in favor. Councilors Dooner, Sanders and Postell were absent. So Voted. New Business: Councilor Pottier motioned for the City Clerk to pull a new list based upon the new list coming out next week for Lieutenants and Captains, and also a Fire Chief list, which is already out. So Voted. Councilor Pottier motioned to refer the issue of hours of operation for lights of athletic fields to the Youth and Recreation Commission. So Voted. Councilor Pottier motioned to refer the flashing sign on the green for consideration of an upgrade to the Mayor's Office. So Voted. Councilor Pottier stated that the City of New Bedford recently outlawed the sale of nips in their community. He stated that the littering of nips has been a challenge in the City of Taunton as well. Councilor Pottier motioned for a discussion on this issue to the Committee as a Whole. So Voted. Councilor Quintal expressed gratitude to Mayor O'Connell, Ally Rodriguez, Director of Veterans Services, Councilor Dooner and to all those who donated for the display of the Purple Heart signs around the City. Councilor McCaul motioned to refer the properties of 145 Thrasher Street and 344 Middleboro Avenue to the Zoning Enforcement Officer for an abundance of unlicensed vehicles. So Voted. Councilor McCaul motioned to refer to the Police Chief for further investigation of disruptive noise from parties at the properties of 15 Bradford Street and 19 Adams Street this past weekend. So Voted. Councilor Duarte motioned to refer to the City Engineer and the Department of Public Works for the issue of a sunken manhole cover at the intersection of Washington Street, Jefferson Street and Floral Street. So Voted. Councilor Pottier motioned to refer the Committee on Police and License for the issue of people parking their cars on common ways that they do not live on. So Voted. Mayor O'Connell inquired if there are specific streets having this issue. Councilor Pottier provided a list of streets to the City Clerk, which include Highland Street, Winthrop Street, Whitehill Street and Florence Street. Meeting adjourned at 7:37 P.M. 6 A true copy: Attest: JLL/MAF 7 City of Taunton RECEIVED Municipal Council : y C~f RK'S OFFICE July 25, 2023 ZOD JUL 21 P 3: 22 The Committee on Finance and Salaries The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02.'.A2k:I1fl.~K Chester R. Martin Municipal Council Chambers. Members Present: Councilor Phillip Duarte, Chairman Councilor David Pottier Councilor John McCaul Also Present: Patrick Dello Russo, CFO Ian Fortes, City Auditor Gill Enos, Budget Director The meeting was called to order at 5 :31 PM. 1. Meet to review the weekly vouchers and payroll for City departments. Motion by Mr. Pottier and seconded by Mr. McCaul to approve the payroll warrant in the amount of$1,508,208.47. So voted. Motion by Mr. Pottier and seconded by Mr. McCaul to approve the FY23 accounts payable warrant in the amount o/$403,409.68. So voted. Motion by Mr. Pottier and seconded by Mr. McCaul to approve the FY24 accounts payable warrant in the amount o/$5,638,268.98. So voted. 2. Meet to discuss the necessary transfers for the purchase of the Coyle and Cassidy property at 2 Hamilton Street: $2,440,556.35 from the Mulcahey School Project (31-3590-3590) $2,500,000.00 from ARPA (20-3510-6035) $1,059,443.65 from Capital Project Stabilization (84-3580-8027) TO Coyle Cassidy Purchase (34-3590-3590-4) Motion by Mr. Pottier and seconded by Mr. McCaul to invite in the interested parties. So voted. 8 Mr. Pottier confirmed that the amounts and accounts were as previously discussed. Motion by Mr. Pottier and seconded by Mr. McCaul to approve the transfers. Councilor Borges indicated that she had met with Karen Grossi-Pemberton and it was explained that ARP A funds can be used for this project because part of the building will be used for educational purposes. Mr. Della Russo confirmed. Mr. Della Russo informed the Committee that the statement of uniqueness was posted on the Central Register of the Commonwealth in line with procurement laws. Councilor Duarte confirmed that the monies from the Capital Project Stabilization account are expecting to be offset from additional Mulcahey School reimbursements. Councilor McCaul asked for the balance in ARP A money and Mr. Dello Russo stated that it is in the neighborhood of $2 Million to $2.5 Million. Mr. McCual further asked where the funds will come from for roofrepair, code upgrades, and other necessary projects. Mr. Della Russo stated that this could possibly come from ARP A money or school ESSER money but that these are discussions that will take place in the next 90 days. The preference is to use federal and state funds first. Mr. McCaul asked about the schools paying some portion and Mr. Enos indicated that this would be a discussion with the School Committee. Mr. Della Russo stated that Mr. Carmichael will provide a 5-year prioritization list for improvement projects. Ms. Borges confirmed that the Mulcahey project is under budget. So voted. 3. Meet for the Fiscal Year 2023 End of Year Report and Capital Program Update. Mr. Dello Russo gave a presentation covering the year 7/1/22- 6/30/23. He noted that there were many milestones achieved. One major milestone was the establishment of the 5 year Capital Improvement Program. An internal audit program was established and the Taunton Leading City and Marketable Property Program was rolled out. On the Capital Improvement Program, there were many completed items. The City is on its way to CIP 3 which will be rolled out on August 3. He showed a three year revenue comparison and noted that the numbers may go higher but will not go lower than presented. Investment earnings were noted. For most departments this was a relatively boring year. The Treasurer/Collector went over slightly due in large part to the work being done in tax title. For Public Safety there is a 10% turn back which is approximately $4 Million. For Public Works, it was noted that this was the lowest snow and ice expense in decades. Trash pickup is a growing problem that isn't going away. The city loses 60 cents on every dollar of trash bags sold. Health and Human Services saw a 10% turn back. Fixed costs and expenses, with very conservative budgeting, saw an 8% turn back. He noted that with purchase order closeouts there will be changes to the numbers seen. Last year, opioid settlement money went into Miscellaneous Committee on Finance and Salaries July 25, 2023 Page2 of4 9 Revenue but in the future the plan is to establish an opioid stabilization account. Mr. Della Russo also suggested that they would like to establish a net school spending stabilization account. Mr. Della Russo showed some photos of various projects and purchases and showed a video of the Wastewater Treatment plant construction project. He showed pictures of community involvement. He mentioned the Council on Aging upgrades, $400,000 spent on apparatus for Parks, Cemeteries, and Public Grounds, and improvements to roads and sidewalks. Councilor Pottier suggested that on the revenue comparison it would be helpful to see actual vs. budget for FY23. Mr. Enos noted that interest income is a big driver. Mr. Pottier suggested that with inflation waning, this might be budgeted more conservatively and Mr. Della Russo stated that the budget number for FY24 is $2. l Million. Mr. Pottier questioned the excise tax variability and Mr. Enos stated that the State hadn't sent out bills on time a year ago so now they are playing catch up. Mr. Pottier asked where the marijuana revenue went and Mr. Della Russo stated that it is captured in Miscellaneous Revenue. This also includes opioid settlement money and a check from the Mashpee Wampanoag Tribe. Mr. Pottier wondered if there were any trends throughout in terms of areas under budget. Mr. Enos stated that for Police and Fire, there were not as many retirees as expected. Staffing was under but overtime was over. For streets and ways, they added several positions but it has been difficult to hire people. Veterans Services showed a return in the budget but that is veterans' benefits reimbursements that were not needed. For group insurance, they plan for the worst case scenario. Mr. Pottier praised the team and the administration. Councilor Postell indicated that a lot of good things have come before the City. He mentioned the fleet program and stated that the administration, while being fiscally responsible, is taking care of things that should have been taken care of years ago. Councilor Borges asked for information on the Police turn back. Mr. Enos stated that it was vacation and sick buyout for retirees that was not used. She further asked about the trash pickup and Mr. Della Russo stated that they will need to look at other places inside the DPW to cover trash and solid waste. Ms. Borges asked if this should go to the Solid Waste Committee and Mr. Della Russo didn't think it was time yet. Mr. Enos stated that the bag sales have been constant for many years but costs have gone up significantly. Councilor Duarte asked about the balance in the ADA line item and Mr. Enos explained that they put aside $300,000 each year and try to do projects with that money but they ran out of time. Mr. Duarte confirmed that these projects are usually done in house. Mr. Pottier asked if the budget books could be sent in pdf format. Motion by Mr. Pottier and seconded by Mr. McCaul to make the presentation part of the record. So voted. Committee on Finance and Salaries July 25, 2023 Page3of4 10 Motion by Mr. Pottier and seconded by Mr. McCaul to excuse the parties with the Committee's thanks and adjourn at 6: 14 PM So voted. CITY OF TAUi~iOhl Respectfully submitted, JUL. 2 5 ~J23 IN MUNICIPAL COUNCIL ./fl1liLW~ z. Cl.t2{__k- Maggi~:c1arke Clerk of Council Committees ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ITY~~ Committee on Finance and Salaries July 25, 2023 Page4of4 11 City of Taunton .. l c Mumcipa . RECEIVED ounc11 ,.., r Y rtJRK'S OFFfCf July 25, 2023 2023 -.1'Ul 21 p 3: 22 The Committee on Police and License The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, Mtrflft!l%iJfhe Chester R. Martin Municipal Council Chambers. · Members Present: Councilor Jeffrey Postell, Chairman Councilor Estele Borges Members Absent: Councilor Barry Sanders Also present: Jenny Roseman, Freshly Baked Philip Smith, Freshly Baked Patrick Della Russo, CFO The meeting was called to order at 6:16 PM. 1. Meet to discuss the renewal of a marijuana license for Freshly Baked Company, a marijuana manufacturer and microbusiness with delivery endorsement at 144 West Britannia Street. Motion by Ms. Borges and seconded by Mr. Postell to invite in the parties and the CFO. So voted. Councilor Postell reminded everyone that on June 27 the license was renewed for 30 days and the applicant was to set up a payment plan with the City. Mr. Dello Russo stated that the City is under a payment agreement with Freshly Baked Company." They have come to terms that are mutually agreeable. Mr. Smith thanked the City for working with them. Councilor Borges thanked the administration for working with them and with others. Motion by Ms. Borges and seconded by Mr. Postell to approve. So voted. Motion by Ms. Borges and seconded by Mr. Postell to excuse the parties and adjourn the meeting at 6: 19 PM So voted. 12 CITY OF TAUNTON Respectfully submitted, JUt.'2 5 2023 IN MUNICIPAL COUNCIL Ma o ~ . -~ t _lhLA----Q _J ,~:g~ke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. COUNCILOR DUARTE V TING PRESENT. TYC ERKr-- Committee on Police and License July 25, 2023 Page2oj2 13 City of Taunton F\ECElVEO · ~.,, f:l ff~K'S GFFIC€ Municipal Council July 25, 2023 lJD AUG - I A IQ: I 0 The Committee of the Council as a Whole The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA ~IJ tf1~£!lK Chester R. Martin Municipal Council Chambers. Councilors Present: Councilor David Pottier, Acting Chair Councilor Phillip Duarte Councilor Estele Borges Councilor John Mc Caul Councilor Christopher Coute Councilor Lawrence Quintal Councilor Absent: Councilor Kelly Dooner Councilor Barry Sanders Councilor Jeffrey Postell Also Present: Attorney Peter Winters Attorney Mark Higgins, Commonwealth Alternative Care The meeting was called to order at 6:52 PM. 1. Meet to discuss the proposed amended Host Community Agreement for Commonwealth Alternative Care at 30 Mozzone Boulevard. Motion by Mr. Coute and seconded by Ms. Borges to invite in the interested parties. So voted. Councilor Duarte recused himself from the discussion. Councilor Pottier stated that in the absence of Council President Dooner, he would be acting Chair. Councilor Borges noted that there are only five Councilors present and five votes will be needed. Attorney Winters highlighted the terms of the amendment to the HCA and noted that the 3% will continue until the Cannabis Control Commission promulgates new regulations at which time the amount will be renegotiated based on that guidance. He also noted that this amendment is for Commonwealth Alternative Care's medicinal HCA, not recreational. 14 Councilor Coute indicated that Dan DeRosa had reached out to him regarding outstanding debt. Attorney Higgins stated that they had come to an agreement last Friday. Councilor Borges asked ifthere is a clause in the HCA requiring that payments be up to date and ifthat means payments to the City or if that means being in good standing with vendors. Attorney Winters indicated that the HCA references payments to the City. They are up to date and have made payments. Motion by Mr. Coute and seconded by Mr. McCaul to continue to next week and come back with a recap of that situation. Councilor Pottier suggested that the Council should show the same interest in the status of payments for rent and payments to vendors for other applicants. Mr. Coute stated that he sees this as similar to liquor licenses where you must be up to date on payments to vendors. Attorney Winters stated that the existing HCA talks about payments to the City as well as the use of local vendors but nothing about making payments to vendors. Councilor Borges asked about a discussion on odor mitigation. Attorney Higgins indicated that his intent was that they would be back in September for that discussion. Mr. Coute suggested that some of the 3% collected from sales of marijuana should go to a separate fund to be used by the City to oversee an odor mitigation program. So voted. Motion by Mr. Coute and seconded Ms. Borges to adjourn the meeting at 7:06 PM So voted. CITY OF TAUNTON Respectfully submitted, JUL. 2 5 2023 11~£[~ IN MUNICIPAL COUNCIL <i Maggie1 Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. COUNCILOR DUARTE V TING PRESENT. ITYCL RK ~ Committee of the Council as a Whole July 25, 2023 Page2of2 15 CITY OF TAUNTON ORDER#l FY 2024 3IV J~ COfL/ZCit . . . . . . . . . . . !.~.~r~.?.?.~~-~~---·························· 20.............. &~Yu The sum of six million dollars and zero cents ($6,000,000) be and hereby is transferred as follows: $2,440,556.35 from the Mulcahey School Project Account No. 31-3590-3590 $2,500,000.00 from ARPA Account No. 20-3510-6035 $1,059,443.65 from Capital Project Stabilization Account No. 84-3580-8027 To: Coyle Cassidy Purchase Account No. 34-3590-3590-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -ek£. 16 CITY OF TAUNTON ORDER#2 FY 2024 ~ ~ (JOffflCiJ.....................~~.!r..~.?.i.3.~3.~............................. 20.............. &~Y-£d The sum of one hundred twelve dollars and fourteen cents ($112.14) be and hereby is transferred: From: Humans Services Expense Account No. 01-500-5200-5344 To: Human Services Account No. 01-500-5520-5999 -Prior Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ek£.. 17 CITY OF TAUNTON ORDER#3 FY 2024 ._9;v ~ (]OfUZCii ...-................:!.~.~Y..~.?.:.3.~3.~............................. 20.............. &~!YM The sum of one hundred eighty eight _dollars and ninety six cents ($188.96) be and hereby is transferred: From: OECD Expense Account No. 01-182-5200-5349 To: OECD Account No. 01-182-5520-5999- Prior Year ................................................................ -tff7~ 18 CITY OF TAUNTON ORDER#4 FY 2024 ~ ~ COiUZCit. . . . . . . . . . .~~-~r.. ~.?.i.~~-~~---····· .. ···················. 20.............. . The sum of eight hundred forty five dollars and seventy five cents ($845.75) be and · hereby is transferred: · From: Treasurer/Collector Expense Account No. 01-145-5200-5393 To: Treasurer/Collector Account No. 01-145-5520-5999-Prior Year .......................................................... :..... -tff7k£.

Agenda

MUNICIPAL COUNCIL AGENDA CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS 15 SUMMER STREET, TAUNTON, MA 02780 City Clerk's Office JULY 25, 2023-7:00 PM Notice of Posting PLEDGE OF ALLEGIANCE Time: //) ./'f /llJ1 INVOCATION Date: r 1·aJ,,-fjJJ ROLL CALL READING OF THE RECORDS FROM JULY 18, 2023 II PUBLIC INPUT • 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 addressed to the body as a whole and pertain to the business of the City HEARING: Upon the petition of Anthony James Kinahan, Manager, Tower Three, LLC, 30 Sherwood Drive, Taunton, MA 02780 to allow: A Special Permit for the use of the 32,512 sq. ft. facility for 22,046 sq. ft. of marijuana cultivation, 7,550 sq. ft. of marijuana manufacturing and 2,916 sq. ft. of marijuana delivery at 30 Sherwood Drive, Taunton, located in the Industrial District. • Com. from Anthony Kinahan, Tower Three -Requesting a Continuance until August 1, 2023 HEARING: Upon the petition of Brianna Correira, Esq., Correira Law Office, PLLC., 123 Broadway, Taunton, MA 02780 on behalf of her client Boston Capital Development Partners, LLC, 11 Beacon Street, Suite 325, Boston, MA 02108 to allow: A Special Permit for a 30 unit multi-family residential use at 68 Church Green located in the Urban Residential District. • Com. from City Planner - Submitting Comments • Com. from Fire Inspector/Investigations Coordinator - Submitting Comments • Com. from Water Superintendent- Submitting Comments • Com. from Conservation Agent - Submitting Comments • Com. from City Engineer - Submitting Comments • Com. from City Engineer - Submitting Revised Comments • Com. from Asst. Executive Director, Board of Health - Submitting Comments COMMUNICATIONS FROM THE MAYOR • Community Update APPOINTMENTS • Appointment of Lisa Bond, Esq. to serve as Special Assistant City Solicitor through December 31, 2023 COMMUNICATIONS FROM CITY OFFICERS Pg. 1 Com. from Director, Human Services & Council on Aging - Requesting to Pay a Prior Year Invoice Pg. 2 Com. from Executive Director, Office of Economic and Community Development - Requesting to Pay a Prior Year Invoice Pg. 3 Com. from Treasurer/Collector - Requesting to Pay a Prior Year Invoice Pg. 4 Com. from City Solicitor - Donation to the Taunton Animal Shelter from the Lincoln Fund in Memory of L. Ruth Lincoln and Letitia A. Lincoln Pg. 5 Com. from Chief Financial Officer - Requesting to Present Marketable Property Program Information COMMUNICATIONS FROM CITIZENS Pg. 6 Com. from Susan Peabody, 157 Richmond Street, Raynham, representing the estate of Esther H. Perry - Donation of Land PETITIONS Application for a Marijuana Retailer Establishment Host Community Agreement Application submitted by Kaival Greens Corp., 455 Bedford Street, Bridgewater, MA 02324, for a NEW Host Community Agreement for a Marijuana Retailer Establishment to be located at 225 Cape Hwy, East Taunton, MA 02718. Flammable Storage License - NEW Petition submitted by BD Management, LLC, 50 Partridge Circle, Taunton, MA 02780 for a NEW Flammable Storage License located at 1925 & 1939 Bay Street, Assessor's Map 14, Lots 18 & 19 to store 19,050 gallons of regular gasoline - Class IB, 9,525 gallons super gasoline - Class IB and 9,525 gallons of diesel gasoline - Class II all in aboveground storage tanks. (PUBLIC HEARING REQUIRED) COMMITTEE REPORTS UNFINISHED BUSINESS - NONE ORDERS, ORDINANCES AND RESOLUTIONS • Com. from City Clerk-Requesting Clarification of Vote: Ordered That, At a Committee on Police and License meeting of the Municipal Council held on June 27, 2023, the Municipal Council voted to accept Massachusetts General Laws, Chapter 138, Section 12, Paragraph 14 which states: In any city or town which votes to accept the provisions of this paragraph, a common victualler, who holds a license under this section to sell wines and malt beverages may, upon written approval, also sell liqueurs and cordials pursuant to said license, subject, however, to all other licensing provisions of this chapter. Order to be approved on a roll call vote Ordered That, The City of Taunton will establish a Special Revenue Account whereas fifty percent of all proceeds derived from sale of city owned real estate will be placed in the Taunton Leading City Initiative Account. The City Auditor is to establish a separate general ledger account which shall not be included in the general fund. The Funds will be expended by the Office of Economic and Community Development with approval from the Mayor or designee for the following purposes: • City-wide revitalization efforts • Office of Economic and Community Development Programs • Business Growth and Community Development Opportunities City-wide NEW BUSINESS - NONE tfully submitted, tftf-- ifer L. Leger City Clerk 30 Sherwood Drive Taunton, MA 02780 July 13, 2023 Dear City Council President Dooner and Members of the Council: At the pre-review hearing on July 11, 2023 for 30 Sherwood Drive, Councilor Sanders noted he would be absent from the July 25, 2023 Council meeting. We respectfully request that the Special Permit hearing for 30 Sherwood Drive be continued to a future meeting where all Council Members are anticipated to be present. We kindly ask that the continuance be for August 1, 2023 or any meeting thereafter that full attendance is expected. Thank you for your consideration. Respectfully, Anthony Kinahan llPage City of Taunton, Massachusetts DEPARTMENT OF PLANNING AND CONSERVATION Location: 141 Oak Street Mailing: 15 Summer Street Taunton, Massachusetts 02780 Kevin R Scanlon, Director! Planner AICP Michele Restino, Conservation Agent Phone 508-821-1051, 5Qtl=.§.~l::.J!!...4J_ Phone 508-821-1095 Fax 508-821-1665 http://www. taunton-ma. ~ov July 10, 2023 Honorable Shaunna O'Connell, Mayor Municipal Council 15 Summer Street Taunton, Ma 02780 RE: Special Permit - 68 Church Green- 30 unit multi family- This letter is in regards to the Special Permit request for a 30 unit multi family development at 68 church Green located in the Urban Residential District. The petition will require a Site Plan Review approval. Variances were obtained from the ZBA (case# 3728) see attached. I have also attached the comments provided to the Planning and Conservation office in regards to this petition. Comments were received from the Board of Health, Engineering, Conservation, Fire and Water Division. If you have any questions, please contact me at 508-821-1051 Sincerely, ~ Kevin R Scanlon, Director AICP 6/20~23, 8:04 AM 68 Church Green - special permit - Denise Paiva - Outlook \-\ea._n r~ ~;< Delete B Archive CD Report v ~ Reply <~ Reply all ~ Forward v Read I Unread Jv 68 Church Green - special permit fm Robert Bastis • -- View profile x Robert Bastis <rbastis@tauntonfd.com> RB To: Denise Paiva Fri 6/16/2023 3:50 PM This message originated from outside of the City of Taunton Email. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have reviewed plans for the proposed 30 unit multi-family residential use and determined that sufficient fire department access exists. Please contact me directly with any questions. Captain Robert J. Bastis Jr. Fire Inspector/Investigations Coordinator Office of Fire Prevention & Investigations 141 Oak Street Taunton, Ma. 02780 0: (508)821-1453 C: (508)328-8140 ~ Reply ~ Forward about: blank 1/1 \-\~~v"°\ ~~ 6/16/23, 7:59 AM Church Green - Special Permit - Denise Paiva - Outlook Delete 0 Archive CD Report v• ~ Reply <~ Reply all r Forward v Read I Unread' v Church Green - Special Permit Mike Arruda To: Denise Paiva; Kevin Scanlon Thu 6/15/2023 6:06 PM Cc: Frederick Cornaglia; Anthony Abreau; B1·uce Emond; Katherine Nunes; M1 Hi Denise, • City water is available for domestic and fire services from the existing 8" city water main on Church Green. • Plans are required and need to be submitted to DPW for water services, hydrants, fire service line, gate valves and curb stops • DPW permits are required including: City licensed contractor, road opening, and or trench • DPW Specifications apply including: Pressure testing, hydrant flow test, materials, installation, new water meter with an updated radio frequency unit, inspection, and approval • DPW Specification apply including: Any backflow devices must be inspected by the Plumber Inspector or City Inspector • Prior notice is required Q_efore any city water work is to be performed, and inspections will be required before backfilling • City reserves the right to change these terms and conditions at any time Please reply with any questions. Thanks, Michael Arruda Water Superintendent Department of Public Works ?Q !~~~ll_ ~~~ T~-u-~~~~·- ~~-~??~-~ P: 508.821.1045 F: 508.821.1437 ~ Reply <~ Replyall r Forward about: blank 1/1 City of Taunton, Massachusetts CONSERVATION COMMISSION OFFICE: 141 Oak Street MAILING ADDRESS: 15 Summer Street Taunton, Massachusetts 02780 Phone 508-821-1095 Conservation Commissioners Steven Turner, Chair Debbie Botellio, Vice Chair Joshua Borden Richard Enos Luis Freitas A1atthew Haggerty Jan Rego June 13, 2023 Municipal Council RE: Special Permit filing - 68 Church Green - 30 Unit Multifamily Residential There are no Conservation concerns regarding the request for a Special Permit for a 30- unit multi-family residential use at 68 Church Green located in the Urban Residential District. Re pectfully:f!=i· '11 () i~ ichele Res no Conservation Agent CITY of TAUNTON DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 90 Ingell Street Taunton, Massachusetts 02780-3507 Phone: 508-821-1027, Fax: 508-821-1336 mpatneaude@taunton-ma.gov Michael P. Patneaude, P.E. City Engineer MEMORANDUM TO: Kevin Scanlon, City Planner FROM: Michael P. Patneaude, P.E., City Engineer CC: Tony Abreau and the Taunton Planning Board DATE: June 22, 2023 RE: Special Permit - 68 Church Green The Engineering Office has reviewed the plan submitted as part of the Special Permit for property at 68 Church Green and has no opposition to the permit. The following are anticipated comments for the Site Plan Review: • The existing sewer connection will need to be evaluated to determine if it can handle the capacity of the proposed project. • A review of the access easement should be researched to determine if there are any limitations. • A grading plan and stormwater controls will be required. • Any retaining walls greater than 4' high will require a stamped structural design prior to a building permit.Chu S:\ Taunton\Engineering Reviews\_Planning Board\ Church Green\68 Church Green\2023 Plans\68 Chruch Green 30 Unit Multifamily Residential.docx Page 1 CITY of TAUNTON DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 90 Ingell Street Taunton, Massachusetts 02780-3507 Phone: 508-821-1027, Fax: 508-821-1336 mpatneaude@taz1nton-ma.gov Michael P. Patneaude, P.E. City Engineer MEMORANDUM TO: Kevin Scanlon, City Planner FROM: Michael P. Patneaude, P.E., City Engineer CC: Members of the Municipal Council DATE: July 6, 2023 RE: Special Permit - 68 Church Green The Engineering Office has reviewed the plan submitted as part of the Special Permit for property at 68 Church Green and has no opposition to the permit. The anticipated comments previously submitted (incorrectly submitted to the Planning Board) have been discussed with the applicant's team and have been adequately addressed. Any additional comments will be reserved for the upcoming Site Plan Review through the Planning Board. S:\ Taunton\Engineering Reviews\_Planning Board\ Church Green\68 Church Green\2023 Plans\68 Chruch Green 30 Unit Multifamily Residential.docx Page 1 City of Taunton BOARD MEMBERS Dr. BRYAN BAGDASIAN Dr. BRUCE E. BODNER Board of Health Dr. CHARLES A. THAYER 141 Oak Street Taunton, MA 02780-3212 ADAMS. VICKSTROM CP-FS, HHS ASSISTANT EXECUTIVE DIRECTOR June 26, 2023 TO: Planning and Conservation FROM: Adam S. Vickstrom Assistant Executive Director Board of Health RE: Special Permit Filing- 68 Church Green The Board of Health has reviewed the following: Special Permit Filing - 68 Church Green If approved, all dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter IL All dumpsters must be enclosed by a 6ft stockade fence and sit atop a concrete pad. Telephone 508-821-1400 I Fax 508-821-1403 City of Taunton Ligia M. Madeira, Esq. CHIEF OF STAFF 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 MAYOR SHAUNNA O'CONNELL BUDGET DIRECTOR July 21 , 2023 Council President Kelly Dooner Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Council President Dooner and Members of the Taunton Municipal Council, Please be advised that I am appointing Lisa Bond, Esq. to serve as Special Assistant City Solicitor through December 31 , 2023. Attorney Bond is a seasoned legal professional with over 20 years of diversified litigation experience. She has spent more than 20 years as a litigator with Baker, Braverman & Barbadoro, P.C., where she has held the title of Partner since 2016. Throughout her career, Attorney Bond has built up an extensive background in several facets that comprises a well-rounded attorney including risk management, mediation, contract and real estate disputes, deed and lease agreements, and bench and jury trials in Superior, District, and Probate Courts. The common thread through Attorney Bond' s success is her dedication, strong work ethic and efficiency - qualities that are well suited for the Law Department. Over the course of her career Attorney Bond has aptly demonstrated her ability to quickly learn new skills and procedures, and exercises proficient tact and strategic sense in her approach to legal counsel. I look forward to working with Attorney Bond. I am confident she will be a valuable member of our Law Department. Thank you for your consideration. Sincerely, Sh~~ Mayor Shaunna O' Connell City of Taunton Department of Human Services & Council on Aging 30 Olney Street, TauntOn, MA 02780 508-821-1420 or 508-821-1425 Fax: 508-821-1444 Charlene Bonenfant Tracy Heger /Jirectnr !}/IS Program Coordinator Jennifer Deluca Nary Betit fnrsfraw Assistant Director Communily Relations Counselor Ke//eySyMa Jennifer Marlins fiscal Agent/Atlministrati11e Assistant I/ear/Cieri: (falo Portugues) Lint!a 8/ake-NcKenna PrincipalCled July 18, 2023 Honorable Mayor Shaunna O'Connell Members ofthe Municipal Council 15 Summer Street Taunton, MA 02780 Dear Mayor O'Connell and Members of the Munidpal Council: The Department of Human Services is requesting permission to pay a prior year's hill for postage to the Taunton Housing Authority. We further requestthat$112.l4 be transferred from 01-500-5200-5344to 01-500-5520- 5999 so that the payment can be facilltated. If you should have any questions or comments regarding this request, please feel free to reach out to me at 508- 821-1420. CITY OF TAUNTON OFFICE OF ECONOMIC AND COMMUNITY DEVELOPMENT JAY PATEAKOS EXECUTIVE DIRECTOR 15 SUMMER STREET TAUNTON, MA 02780 Tel: 508-821-1030 July 18, 2023 Honorable Mayor Shaunna O'Connell Members of the Municipal Council Finance Committee 15 Summer Street, Taunton, MA 02780 RE: Permission to pay FY23 invoice Dear Mayor Shaunna O'Connell and Members of the Municipal Council: The Office of the Economic and Community Department is requesting the Council's approval to pay one outstanding FY23 invoice to Conway Technology Group totaling $188.96. The invoice is for printer services that the office uses daily. The department has called and e-mailed Conway Technology in hopes of obtaining the June 2023 invoice as early as possible, however we have not received a response. If this invoice was received in a timely manner, it would have been paid in FY23 budget as this was a budgeted item. We are respectfully requesting $188.96 of our FY24 budget (account 01-182-5200-5349) to be transferred to 01-182-5520-5999. CITY OF TAUNTON MASSACHUSETTS Office of the Treasurer/Collector Christine M. Clymens 15 Summer Street Telephone (508) 821-1054 Treasurer/Collector Taunton, MA 02780 FAX (508) 821-1007 July 14, 2023 Honorable Mayor Shaunna O'Connell And Members of the Municipal Council City of Taunton 15 Summer Street Taunton, MA 02780 RE: Request to Pay Prior Year Bill Dear Mayor O'Connell and Municipal Councilors: I respectfully request that $845.75 be transferred from the FY24 GL 01-145-5200-5393 to FY24 GL 01-145-5520-5999. The City Hall Systems invoice in this amount was not received by the Treasurer's Office prior to fiscal year end as they changed their billing system and we were dropped from their email list. Thank you. Respectfully submitted, ~~~ Christine M. Clymens Treasurer-Collector cc: P. DelloRusso, Jr., CFO G. Enos, Budget Dfrector I. Fortes, City Auditor City of Taunton LAW DEPARTMENT 15 Summer Street Taunton, Massachusetts 02780 Phone (508) 821-1036 Facsimile (508) 821-1397 Shaunna O'Connell Peter F. Winters, Esq. MAYOR FIRST ASST. CITY SOLICITOR Matthew J. Costa, Esq. Thomas P. Gay, Jr., Esq. CITY SOLICITOR SECOND ASST . CITY SOLICITOR David T. Gay, Esq. SP. ASST. CITY SOLICITOR July 17, 2023 Mayor Shaunna O'Connell Council President Kelly Dooner Members of the Municipal Council City of Taunton/City Hall 15 Summer Street Taunton, Massachusetts 02780 Re: Donation to the Taunton Animal Shelter from the Lincoln Fund in memory of L. Ruth Lincoln and Letitia A. Lincoln Dear Mayor O'Connell, Council President Dooner and Members of the Municipal Council: I am pleased to advise you that the City has once again received an annual distribution in the amount of One Thousand ($1,000.00) from the Lincoln Fund . This donation has been coming to the City since 1997 and according to Attorney Richard Bentley, Jr., the Trustee, the City has received a total of $38,584.53. We ask that the Council once again vote to accept this donation to the Taunton Animal Shelter. If you have any questions please call me. Thank you. MJC:tmg City of Taunton Ligia M. Madeira, Esq. OFFICE OF THE MAYOR CHIEF OF STAFF City Hall Patrick D. Dello Russo, Jr. 15 Summer Street· Taunton MA 02780 CHIEF FINANCIAL (508) 821-1000 OFFICER Gill E. Enos MAYOR SHAUNNA O'CONNELL BUDGET DIRECTOR July 2P1 2023 Council President Kelly Dooner Members of the Taunton Municipal Council 15 Summer Street Taunton, MA 02780 Dear Council President Dooner and Members of the Municipal Council, The Finance Department would like the opportunity to showcase the next component of the Marketable Property Program (MPP) we have labeled Owner Unknown. We would like the opportunity to review this with the committee on public property August 1st 2023 . Thank you for your consideration. Patrick D. Dello Russo Jr. Chief Financial Officer City of Taunton July 17, 2023 City of Taunton Council Members: My name is Susan Peabody and, in acting as personal representative for the Estate of Esther H. Perry, I would like to gift an unused parcel of land to the City of Taunton. It has been In the family for three generations and the family has no use for it. lt is parcel43 ~77-0, Tremont St. consisting of 2.83 acres with no street frontage. Hopefully, you will accept this gift and find some good use for it. Sincerely, Susan Peabody 508-824~0597 157 Richmond St-1 Raynham {)1du5 tJd~ Cl-, CITY CLERK'S OFFICE I 6'11d ~ CITY OF TAUNTON 15 SUMMER STREET TAUNTON, MASSACHUSETTS 02780 TELEPHONE: 508 • 82 1 • 1 024 • FAX: 508 • 82 1 · 1 098 E ·MAIL: JLEGER@TAUNTON ·MA.GOV JENNIFER L. LEGER KRYST AL L. DION CITY CLERK ASSISTANT CITY CLERK July 19, 2023 Mayor Shaunna L. 0' Connell Council President Dooner and Members of the Municipal Council City Hall 15 Summer Street Taunton, MA 02780 Dear Mayor O'Connell, Council President Dooner and Councilors: At the Municipal Council meeting of July 11, 2023, a roll call vote was taken and MOL Chapter 138, §12 was adopted as requested by the License Commission. However, the License Commission intended to only adopt paragraph 14, which reads: "In any city or town which votes to accept the provisions of this paragraph, a common victualler, who holds a license under this section to sell wines and malt beverages may, upon written approval, also sell liqueurs and cordials pursuant to said license, subject, however, to all other licensing provisions of this chapter. " Therefore, after consultation with the City Solicitor, I am requesting that the Municipal Council clarify the vote taken to specifically adopt only the aforementioned paragraph of this law. Should you have any further questions please let me know. t;;l f.;.;.} ··\ l,,J <- ~..., :'.'.!) J.·· c::: g;;~ r·'. rrl July 25, 2023 C'J '-·I d ··-· N rT\ (") ::o 1'11 ::.;i;: _ ~ x ,,,,;< Honorable Shaunna L. O'Connell, Mayor -< :t )> o i"l Council President Kelly A. Dooner (J r > .,,o ....,, !"Tl 9 And Members of the Municipal Council ~ :;JI; 0 ,. , Cl w The following committee meetings have been scheduled for Tuesday, July 25, 2023 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 payroll for City departments. 2. Meet to discuss the necessary transfers for the purchase of the Coyle and Cassidy property at 2 Hamilton Street: $2,440,556.35 from the Mulcahey School Project (31-3590-3590) $2,500,000.00 from ARPA (20-3510-6035) $1,059,443.65 from Capital Project Stabilization (84-3580-8027) TO Coyle Cassidy Purchase (34-3590-3590-4) 3. Meet for the Fiscal Year 2023 End of Year Report and Capital Program Update. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C 30A, §18 may occur concurrently with this committee meeting. THE COMMITTEE ON POLICE AND LICENSE 1. Meet to discuss the renewal of a marijuana license for Freshly Baked Company, a marijuana manufacturer and microbusiness with delivery endorsement at 144 West Britannia Street. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C 30A, §18 may occur concurrently with this committee meeting. Page 1 of 2 THE COMMITTEE OF THE COUNCIL AS A WHOLE 1. Meet to discuss the proposed amended Host Community Agreement for Commonwealth Alternative Care at 30 Mozzone Boulevard. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 30A, §18 may occur concurrently with this committee meeting. Respectfully, ·~~- Maggie E. Clarke Clerk of Council Committees Page 2 of2

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