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City Council

Regular Meeting

Taunton, MA · August 15, 2023

AgendaMinutes

Minutes

City ofrtaunton !M.unicipa{Council!M.eetin9 !M.inutes City Jfa{{, 15 Summer Street, rtaunton, !il(ft In tne Cnester ~ !M.artin !M.unicipaCCouncif Cnam6ers !M.inutes, ftuaust 15, 2023 at 7:01 0 1cfoc~/P.!M.. <PfediJe of.ft_D:egiance c.R§gufar ;Meeting ;Mayor Sliaunna £. O'ConneClpresiding <Prayer was offtrea 6y tne ;Mayor <Present at roCl caClwere: Councit:ors (])ooner, (])uarte, (JJorges, :M.cCau' <Pottier, Coute, Sanders, Quintalana<PosteCl Record of preceding meeting was read by title and approved. So Voted. Opportunity for input by the general public. J.P. Marcoux, 40 Summer Street, Taunton, spoke about the crosswalk signal at the intersection of Church Green and Summer Street. He stated that after pressing the button, there is a significant delay before it signals pedestrians to cross and would like to know what can be done to fix it. Motion was made to refer to the Safety Officer and the Department of Public Works. So Voted. Peg Conte, 57 Lakeview Place, Taunton, spoke about her appreciation for the feedback that is being received regarding the concerns at Lake Sabbatia. She stated that the City did put a lot of work into the lake, however, she is offended that the residents have not been acknowledged for the effort they put into cleaning up the lake for the last two (2) years. She stated that she would also like to particularly acknowledge herself, the previous Chief of Staff, Ed Correira, Lisa Potter, Councilor John Mc Caul and Craig DeMoura for their work on the lake as well. She stated that everyone should be acknowledged. Mayor 0' Connell stated that not everyone can be acknowledged, however, a few people were addressed at the State of the City Address this year. Craig DeMoura, 1 Sabbatia Lane, Taunton, expressed gratitude to everyone for their work on the lake. He stated that he has seen a huge difference as far as weed control on the lake. He stated that there have been some issues with out-of-towners. Judy Wein, 1601 Bay Street, Taunton, expressed gratitude to the Administration for listening to their concerns. She stated that there was a significant improvement this 2 weekend. She stated that the lake was quiet, there was no parking on Bay Street and there was a police presence in the area. Motion was made to go out of the regular order of business to Communications from the Mayor. So Voted. Communications from the Mayor: Mayor O'Connell invited Police Chief Walsh and his staff into the enclosure for the Lake Sabbatia Presentation. Chief Walsh stated that the biggest issue they have had is with parking. He discussed that there is limited signage at the boat ramp and there is no non- trailer parking. He also stated that visitors of Watson's Pond will often park at the Lake Sabbatia boat ramp in order to avoid paying the parking fees at the Watson's Pond parking lot. He discussed that they have implemented some changes in order to resolve these issues, which includes the placement of a kiosk at the Lake Sabbatia boat ramp. He stated that they have approximately two-hundred (200) people paying per month currently. He stated that they are working with the Commonwealth in order to put new pavement markings at the boat ramp, which will state trailer/kayak parking only. He stated that they are now closing the gate regularly at dusk and opening it at dawn. He stated that they are working with the State and the Department of Public Works to replace the gate and fencing. He stated that over the last three (3) weeks, they have issued over eighty (80) citations. He stated that they have no authority to tow a car off of Bay Street because under ordinance 405-64, Bay Street is not a designated tow zone, however, he has drafted an ordinance with the Law Department to change this and hopes to have it to the Council in about three (3) weeks. Chief Walsh stated that the issues on the lake include irresponsible boaters, speeding, recklessness, safety violations, jet skis and noise. In November 2022, he made six (6) suggestions of areas to review for the lake including recommending reducing the speed limit on the lake to 30mph, as it is currently 45mph, changing the definition of power boats to watercraft in Chapter 202, placing buoys to identify wake zones, setting a horsepower limit on the lake (he discussed the horsepower limits in some of the other communities) and banning jet skis. He stated that the Police Department will continue enforcement efforts during high usage times for the next month, which will include parking enforcement, boat checks and on water enforcement. He discussed the island, which is not a private island and is owned by the City of Taunton. He stated that if the island is a public place, alcohol consumption is illegal and should be so posted and enforced. He stated that if the island is not public, then the City should take steps to address trespassing. Councilor Borges motioned to refer the draft of the ordinance from the Law Department and the Police Chief to the Committee on Ordinances and Enrolled Bills. So Voted. Council President Dooner expressed gratitude to the Police Chief and the Police Department for their work with the lake. Councilor McCaul inquired if all of the lakes listed in the presentation with their horsepower regulations are the same size. Councilor Pottier inquired if cars can be tagged for parking on Bay Street. Chief Walsh stated that they are able to and that they have been. Councilor Coute motioned to refer the island to the Committee on Public Property. So Voted. Councilor Sanders clarified with Chief Walsh that if someone is not launching a boat, they should not be parking at the boat ramp. Councilor Quintal stated that he does not recommend changing the limit on the horsepower, but would suggest setting the speed limit to 25mph. Chief Walsh said the Committee can take that into consideration during the discussion. Mayor O'Connell confirmed with Chief Walsh that the Environmental Police and the Taunton Police Department have the same authority. A 3 resident in the audience inquired if Lake Sabbatia can be made accessible to residents of Taunton only. Mayor O'Connell stated that that will be a discussion during the Council Meeting when they take up these issues. Mayor O'Connell stated that the Taunton Public Library will have their End of Summer Celebration this Thursday, August 17, 2023 from 2:00pm to 4:00pm at the library. Mayor O'Connell stated that the City of Taunton Summer Celebration will be on Friday, August 25, 2023 from 5:00pm to 9:00pm at Hopewell Park. There will be live music, kid's activities, food trucks and a firework display. Motion was made to revert to the regular order of business. So Voted. Hearing: Upon the petition of Brianna Correira, Esq., Correira Law Office, PLLC., 123 Broadway, Taunton, MA 02780 on behalf of her client BD Management, LLC, 50 Partridge Circle, Taunton, MA 02780 to allow a new flammable storage license to store a total of 19,050 gallons Regular Gasoline (Class IB), 9,525 gallons Super Gasoline (Class IB), and 9,525 gallons Diesel Gasoline (Class II), for a total of 38,100 gallons of flammable liquids all to be stored in aboveground storage tanks at the location of 1925 & 1939 Bay Street, Taunton, MA at which time and place all persons, parties, or corporations interested therein may appear and be heard in relation thereto. Motion was made to open the hearing and invite the interested parties into the enclosure. So Voted. Com. from the Fire Inspector stating that he has reviewed the site plans, tank specifications, and applicable codes for the proposed fueling station and would make a positive recommendation for a storage license. Motion was made to receive and place on file the above listed communication. So Voted. The parties introduced themselves as Attorney Brianna Correira, Bruce Thomas, owner, and Huseyin Sevincgil, Greenman- Pedersen Inc. Attorney Correira stated that the proposal for 1925 and 1939 Bay Street pertains to a gas station with a drive thru, convenience store and restaurant within the Highway Business District. She stated that this project conforms to all zoning requirements, therefore, it did not require any Zoning Board filings. She stated that their first filing and hearing was before the Planning Board on June 1, 2023 for the Special Permit for the gas station and the drive thru use. She stated that the other uses of the convenience store and the restaurant are permissible in this district. She stated that they were also in front of the Planning Board for a Site Plan Review. She stated that this proposal consists of a 5,186 sq. ft. building, of that building 4,000 sq. ft. will be for the convenience store and about 1,186 sq. ft. will be for the restaurant. Attorney Correira used a slide presentation to discuss the proposed layout. She stated that there are sixteen (16) seats total, eight (8) seats inside and eight (8) seats outside, and twenty-four (24) parking spaces, including two (2) accessible spaces, which exceeds the minimum requirement of twenty-one (21) parking spaces for this use. She stated that landscape buffers were also requested for the front side, the left side and the rear, which were approved by the Planning Board. She stated that they did not ask for any on the right side, which is closest to the residential abutters. She stated that there would be five (5) fuel dispenser islands. She stated that the above ground fuel tanks will be located behind a six (6) foot privacy fence and arborvitae screening and that part of the Planning Board decision was for the arborvitae screening to be on the sides. At their meeting with the Planning Board, all five (5) members that were present voted in favor of the Special 4 Permit and the Site Plan Review. She has a petition signed by eighty-nine (89) members of the community supporting this project. Mr. Sevincgil stated that there are four (4) tanks that are 9,925 gallons, two (2) of which would be containing regular fuel, one would be super and the other would be diesel. He stated that after this, they would have to get self-serve approval from the State Fire Marshall. Councilor Pottier inquired ifthere were any views available of what the above ground structure would look like. Councilor Pottier inquired if they know of any other gas stations in Taunton that have above ground fuel tanks. Mr. Thomas stated that he is not aware of any gas stations, but there are above ground tanks located on Longmeadow Road that W.H. Riley's had for many years. Councilor Pottier discussed the safety of their confinement system and the need for a gas station in this part of town. Councilor Pottier inquired if there will be signage on Route 495 to indicate gas is available, which Mr. Thomas confirmed. Councilor Pottier stated that his only concern is traffic coming in and out of that area, however, he has confidence that they will be taking every precaution to keep the area safe. Councilor Sanders asked if the tanks will be above ground or below ground. Mr. Sevincgil stated that the tanks will be above ground and the piping to the retail fuel dispensers will be underground. Councilor Sanders stated that having the tanks above ground seems to make more sense as it will be easier to detect a leak. Councilor Sanders asked that in the event of a catastrophic leak, would the containment system be able to handle that. Mr. Sevincgil discussed the structure of the tanks and the pads around them. He discussed that if there were a spill, the containment tanks can hold up to 20,000 gallons. He stated that the tanks themselves are 9,500 gallons and are filled to ninety (90) percent capacity. He stated that there are two (2) alarms on the tanks. Councilor Sanders inquired about damage to the tanks, whether it is accidental or deliberate, and how it will be set up to prevent this. Mr. Sevincgil stated that the above ground tank requires that a six (6) foot chain link fence be placed around the perimeter of the tanks and that there are two (2) locked gates. Councilor Quintal inquired if above ground tanks are preferred. Mr. Sevincgil stated that that is not necessarily the case and there are positives and negatives to both. Councilor Borges stated that she is pleased that Captain Bastis was in full approval of this project. Motion was made to open public input for this hearing. So Voted. Dot Morrissey, 14 Field Street, Taunton, stated that she is not excited about this project as the tanks will be close to her backyard. She stated that she finds it odd that there wasn't a more recent traffic study for this area. She stated that the entrance and exit of Field Street is not a ninety (90) degree angle, which could cause an accident for the potential increased traffic. She stated that it is an inappropriate place to put a gas station. She stated that she has medical issues and is uncomfortable with the thought of different chemicals in the air. She stated that in Canada this would not be allowed as the gas station will be located next to a medical center. She stated that her property value is going to decrease, the noise level will increase as well as the trash near her property. She stated that there are elderly people in the area who could be exposed toxins. She stated that her neighbor, Paula Calhoun, is the most affected by this but is not here this evening. Attorney Correira discussed the most recent traffic study that was conducted and it was found that the traffic in the un-signalized intersection of Bay Street and Field Street would only increase by up to three (3) vehicles and they did not see the need for any changes to that intersection. Attorney Correira stated that Paula Calhoun was at the Planning Board meeting and her concerns were addressed and there will be an arborvitae fence along her property. Attorney Correira stated that a restaurant and convenience store are allowed here by right as it is a Highway Business District. Councilor Postell inquired what the hours of operation will be. Attorney Correira stated that they were approved to be open 5 for twenty-four (24) hours a day with conditions to address the noise, such as the drive thru speaker being reduced by fifty (50) percent at 9:00pm and a restriction on fuel deliveries from 7:00am to 7:00pm. Councilor Sanders asked the parties to address Mrs. Morrisey's concerns for the airborne chemicals that could emanate from the property. Mr. Sevincgil stated that the tanks are vented and when a fuel delivery trucks delivers fuel, they have a vapor connection and a fill connection. Motion was made to close public input, close the petition, close the hearing and excuse the parties. So Voted. Appointments: Reappointment of Daniel Lebrun, 681 Norton Avenue, Taunton to serve on the Municipal Affordable Housing Trust Fund Board of Trustees for a Term of Three (3) Years Ending July 2026. Motion was made to approve. So Voted. Communications from City Offi,cers: Com. from the Asst. Executive Director, Board of Health requesting authorization to pay June 2023 employee travel reimbursements. Motion was made to move approval. So Voted. Com. from the Budget Director stating that on behalf of the Taunton Golf Commission, they are requesting to pay a prior year invoice in the amount of $7,060.32 to reimburse Keyes Golf LLC. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from Andrew Sukeforth, Director of Procurement stating that the Procurement Department is requesting additional funds in the amount of $25,000.00 in the advertising line item within the Department of Procurement Budget. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Communications from Citizens: Com. from Antonio Pina, Our Lady of the Holy Rosary Church, 80 Bay Street, Taunton stating that Padre Pio Charities is requesting permission to conduct a Walk-A-Thon on Sunday, September 10, 2023 from 1:OOpm until 2:30pm. Motion was made to approve and to refer to the Public Safety Departments. Voted. Com. from Chirag Patel, CEO, Founder, GTE Taunton, LLC dba Botera, 297 Broadway, Taunton stating that GTE Taunton LLC is requesting to amend their hours of operation to Monday-Sunday from 9:00am until 1O:OOpm. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. Com. from Cheryl Medeiros, ODB Care Coordinator, Our Daily Bread, P.O. Box 149, 111 High Street, Taunton stating that they are extending an invitation for the 6th Annual Beer & Wine "Tasting for a Cause" Fundraiser on Friday, September 22, 2023 from 6:00pm to 9:00pm at Fore Kicks in Taunton. Motion was made to refer to the Facebook Page for the City of Taunton. So Voted. Com. from Attorney Richard E. Burke, Jr., Law Office of Beauregard, Burke & Franco, 32 William Street, New Bedford on Behalf of his Client Bask, Inc. stating that they are requesting an amendment to the Host Community Agreement extending the date it is 6 required to commence operations by six (6) months to March 13, 2024. Motion was made to refer to the Committee of the Council as a Whole. So Voted. Com. from Attorney William Rounds, 115 Broadway, Taunton stating that his client, East Coast Kali, LLC, owner of property located at 354 Winthrop Street, is requesting an amendment to the City of Taunton Zoning Ordinance to allow Marijuana Establishments in the Highway Business District by Special Permit from the Municipal Council. Motion was made to refer to the City Planner to follow the appropriate process. So Voted. Petitions: Hours of Operations - RENEWALS 1. CVS Pharmacy, Inc. dba CVS Pharmacy #41, 1 CVS Drive, Woonsocket, RI Located at 284 Winthrop Street, Taunton. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. 2. Creative Fitness Solutions, Inc., Located at 225 Cape Highway, East Taunton. Motion was made to refer to the Committee on Police and License and the Police Chief. 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. So Voted. Unfinished Business: NONE. Orders, Ordinances and Resolutions: NONE. New Business: Councilor Borges motioned to refer to the Committee on Economic Development and Technology for a discussion on the Weir Water District. So Voted. Councilor Coute motioned to refer to the Building Commissioner, the Building Superintendent and the Office of Economic and Community Development for a discussion regarding the closed businesses downtown due to the construction project. So Voted. Councilor Postell motioned to refer to the Safety Officer for parking issues with blocking fire hydrants in the area of 17 Whitehill Street and a report back to the Committee on Police and License on September 5, 2023. So Voted. Meeting adjourned at 8:05 P.M. 7 A true copy: Attest: JLL/MAF 8 RECF! VEO City of Taunton I • ,,1 ::~·. K. r·, Of ncf ('\ Municipal Council August 15, 2023 7023 AUG 11 A q: 50 The Committee on Finance and Salaries _C ITY CLE.Rt( The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, M~ 02780 in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Phillip Duarte, Chairman Councilor David Pottier Councilor John McCaul The meeting was called to order at 6: 14 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$1,687,0JJ.90. So voted. Motion by Mr. Pottier and seconded by Mr. McCaul to approve the accounts payable warrant in the amount of $6, 696, 106. 77. So voted. 2. Meet for a discussion on stipends for boards, committees, and commissions. Mr. Pottier indicated that he would like to come up with some rationale as to the dollar amounts paid to each board and commission relative to the number of meetings or the amount of work involved. He discussed the Ordinance that was passed in June which codified the amounts but he would like to look at these. For example, the Planning Board and Zoning Board meet approximately as frequently but do not receive the same stipend. He suggested that it might be helpful to have the CFO present for the discussion. Mr. Pottier would like for the Chair to schedule this again at a future date when the CFO could be present. He further suggested that if any board or chairman wished to submit information to be considered they would be welcome to do so. Mr. Duarte indicated that this likely would be scheduled for September 5. Motion by Mr. Pottier and seconded by Mr. McCaul to adjourn at 6:20 PM So voted. CITY OF TAUNTON Respectfully submitted, AUG 15 2023 Jrvt~~ e. (}ftdA-C IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. Ml/U//IVUn' ERK '4ft 9 CITY OF TAUNTON ORDER#7 FY2024 ~ ~ <JOtUZCii. . ._. . . . . . . .~~~-~~~--~.?.:..~~~-~ ...................... 20.............. The sum of two hundred seventy two dollars and two cents ($272.02) be and hereby is transferred: · From: Board of Health Expense Account No. 01-510-5200-5710 To: Board of Health Account. No. 01-510-5520-5999 - Prior Year ................................................................ ~k£.

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