City Council

City of'Taunton 9dunicipa{Council9deeting 9dinutes City 1la{{, 15 Summer Street, 'Taunton, !il(ft In tne Cnester ~ 9dartin 9dunicipa{Counci{ Cfiam6ers 9dinutes, Septem6er 5, 2023 at 7:18 O'cCoc~/P.9d. Cl'CediJe offl.{{egiance ~gufar !Meeting !Mayor Snaunna £. O'Conne{[presitfing <Prayer was offerea 6y tfie !Mayor <Present at ro{[ca{[were: Councit:ors <Dooner, <Duarte, QJorges, !M.cCau~ Cl'ottier, Coute, Santfers, Quinta[ant!Cl'oste{[ 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 Mavor: Mayor 0' Connell stated that there will be a presentation and vote this evening regarding the Solar Lease Agreement at the Taunton Land Fill. Mayor O'Connell invited the parties into the enclosure. Councilor Borges stated that the Council received a detailed copy of the Lease Agreement on Thursday and does not feel they have had enough time to thoroughly review it due to a funeral and the long weekend. Councilor Borges motioned to hear the presentation this evening and postpone the vote until next Tuesday. On discussion, Councilor Coute stated that he is capable of taking a vote on this matter this evening and has had adequate time to do his research, however, he will make his determination after he hears the presentation if he needs more time. Councilor Sanders called for a point of order and stated that a motion to table is not debatable. Mayor O'Connell stated that out of respect for all of the Councilors, they should allow the presentation to go forward and then Council can make a decision. Councilor Dooner inquired if they are tabling the entire presentation or just the vote. Mayor O'Connell stated that Councilor Borges should consider withdrawing her motion until the Council has heard the presentation and at that point the Council can decide whether or not they will need more time and refer the vote to another evening. Councilor Borges stated that she is not asking to not have the presentation this evening, but is asking that the vote is tabled until next week. She stated that this is a lengthy Lease Agreement with an extensive RFP and she did not receive the RFP that was responded to until today. She stated that this matter has been a discussion since 2022 and does not understand why one (1) week will make a difference. Mayor O'Connell stated that they should listen to the  2 presentation and decide from there if they have enough information. Councilor Coute stated that he does not want his ability to make a judgement about the proposal removed before he even hears the presentation. Mayor O'Connell stated that they are going to move forward with a motion to press. Councilor Sanders called for a point of order and stated that there is a motion to table, and that there is no need to have a motion to press, because the motion to table should have been heard and voted on immediately without debate and would respectfully ask Mayor O'Connell to enforce the Roberts Rules of Order and move directly to the motion to table. Motion was made to the table the vote. On a roll call vote, four (4) Councilors voted in favor (Quintal, Sanders, McCaul, and Borges), four (4) were opposed (Coute, Pottier, Duarte, and Dooner). Councilor Postell was absent. The motion does not pass. Mayor O'Connell asked the parties to begin the presentation by introducing themselves. They introduced themselves as Christine Clymens, City Treasurer/Collector, Matthew Parent, Energy Consultant, Patrick Dello Russo, CFO, Gill Enos, Budget Director and Andrew Sukeforth, Director of Procurement. Mr. Dello Russo stated that they are here to present a Lease Agreement on Solar Panels at the Taunton Landfill. He stated that on November 1, 2022, the Council asked them to move forward with this process. He stated that it took the team twenty (20) months to get here and that this plan will reduce the tax burden in the City of Taunton by ten million dollars ($10,000,000). Mr. Dello Russo discussed the timeline of the events that have transpired and the departments involved. Mr. Parent spoke about the benefits of adding solar on the Taunton Landfill. Mr. Dello Russo stated that the benefits will be going to the LMI (low and moderate income) housing. Mr. Parent discussed the design and layout of the panels on the landfill. Mr. Parent discussed the revenue over the next twenty-five (25) years from the landfill. Mr. Dello Russo stated that a vote in favor of this project will result in a reduction of the tax burden by 9.8 million dollars over the course of this lease agreement and will make Taunton a green city. Councilor Sanders inquired about the term of the lease agreement. Mr. Parent stated that it is a term of twenty-five (25) years. Councilor Sanders confirmed that the electricity generated would target low and moderate income households. He inquired how they determine which households would receive that electricity. Mr. Parent explained that the energy being produced on the landfill goes to the grid wires and they can allocate that energy to whoever they want. He explained that it is paperwork that shows who that energy should be credited to, in this case low and moderate income households, because there are tax benefits for the developer, which in turn gives Taunton a higher revenue stream. Councilor Sanders inquired about the relationship between this project and our existing T.M.L.P. Mr. Dello Russo stated that they were informed that T.M.L.P. Commissioners decision lies with Kim Holmes, General Manager. He stated that they have taken the necessary steps to work with Ms. Holmes. Mr. Parent explained that they have spent the last year working with T.M.L.P. on a few aspects of this landfill, including the size of this project, where the energy will go and the price per kilowatt. He stated that they negotiated to find an acceptable rate that both the developer and T.M.L.P. will accept, which is 8 Yz cents. Councilor Sanders confirmed that the City will be buying electricity from a private company instead of T.M.L.P. producing electricity and providing it to the community. Mr. Parent stated that T.M.L.P. has been buying electricity from other producers for years. Councilor Sanders inquired what the going rate is to buy energy, which Mr. Parent stated is between five to seven cents. Councilor Sanders asked Mr. Dello Russo why we are paying more than what the going rate would be. Mr. Dello Russo stated that they are locking in a price point for the next twenty-five (25) years, as the cost of electricity generation in the coming years will be much higher than 8 Yz cents. He stated that  3 T.M.L.P, their attorneys, and our attorneys all agreed to these terms and were pleased with the outcome of this deal. Mr. Parent clarified that he is a consultant and stated that they had an RFP and NextGrid won the bid based on their credentials, their experience, their expertise and their funding. Mr. Dello Russo stated that this project is not costing the City any money. Mr. Dello Russo stated that last November when this project was initially presented, all of the Councilors were very enthusiastic about it. Councilor Sanders stated that not everyone was excited about it and he had a lot of questions. Councilor Sanders stated that he likes that this will help low to moderate income households, that it went out to bid, and that T.M.L.P. is on board. Councilor Pottier stated that they keep mentioning a twenty-five (25) year term, however, the cash flows show from 2024-2053, which would be thirty (30) years. Mr. Parent stated that there are extensions to the term. Councilor Pottier inquired about the RFP process and if it was publicly advertised. Mr. Dello Russo stated that it was a public ad for thirty-three (33) days from December 7 to January 10, with an extension of an additional two (2) weeks. Mr. Dello Russo stated that seventeen (17) individuals pulled the RFP. Councilor Pottier confirmed with Mr. Delio Russo that this was the only respondent. Mr. Dello Russo stated that some of the individuals who had conversations with them expressed concerns about the shape of the landfill. Councilor Pottier inquired what the definition of low income is, Mr. Dello Russo stated that he will get back to him with a response on this. Councilor Pottier inquired if the billing would be through T.M.L.P. Mr. Parent stated that they have had a discussion with T.M.L.P. regarding allocating it to low and moderate income households. Councilor Pottier inquired if non-low income rate payers receive benefit, to which Mr. Delio Russo stated a direct portion is applied to them. Councilor Pottier stated that he will make a motion later for the Committee on the Needs of T.M.L.P. to meet and invite the T.M.L.P. General Manager to discuss their successes and how energy is generated. Councilor Quintal stated that it was mentioned that the panels that would be used are fully recyclable. He stated that someone shared with him that there are different panels you can use that have a chemical in them that are considered hazardous waste. Mr. Parent stated that years ago they used those type of panels, now they only use the type of panels that are folly recyclable. Councilor Duarte stated that the lease agreement indicates the low and moderate income housing requirement as 200 percent of the federal poverty line or less than 80 percent of the area median gross income for that person's respective family size. Councilor Duarte inquired that in regards to the extension listed in the lease agreement, if this is a standard condition that no action necessary to extend. Mr. Parent confirmed that this is typically a standard condition. Councilor Duarte stated that in regards to Section 10 of the lease agreement, the intention appears to be to sell the recs, however, there is a statement that is unclear regarding who the owner of the recs are. Mr. Parent confirmed that the City owns the recs. Councilor Duarte inquired where in that section that is clarified. Mr. Parent stated that he does not have this in front of him but he will get that clarification. Councilor McCaul inquired if the PPA increases, will the rates will go up as well. Mr. Parent stated that the rates will stay the same and the payments will go up by two (2) percent over the next 25 to 30 years. Councilor Mccaul inquired if an engineering study has been conducted yet. Mr. Parent stated that a preliminary study has been performed. Councilor Mccaul stated that he wants to confirm that this is structurally sound before it is voted on. Councilor McCaul confirmed with Mr. Parent that there were seventeen (17) bidders, however, only one (1) that returned. Mr. Parent stated that the headquarters for the company is in California, however, they have hundreds of projects in Massachusetts. Councilor McCaul stated that the name of the leasee is Roseberry Energy LLC per the lease agreement, however, they  4 are stating that it is NextGrid. Mr. Delio Russo stated that NextGrid is the DBA name of Roseberry Energy LLC. Councilor McCaul stated that they are proposing a one million dollar insurance policy for a ten million dollar project. Mr. Delio Russo stated that this is a typical insurance requirement and that the City doesn't own the solar panels, NextGrid owns the solar panels and leases the space and maintains any issues. Councilor McCaul confirmed with Mr. Parent that he is an energy consultant and does not work for these companies. Mayor O'Connell stated that Councilor Postell has requested to hold the vote as he had to leave unexpectedly. Councilor Borges stated that T.M.L.P. and NextGrid representatives are not present. She stated that the vote tonight is in regards to the lease agreement and the questions are not focused on that. Councilor Borges stated that she does not understand why they are voting on a lease agreement when the Power Purchase Agreement has not been signed yet by T.M.L.P according to the General Manager of T.M.L.P. Councilor Borges stated that the Power Purchase Agreement still has to go another step for approval. Mr. Delio Russo stated that the Power Purchase Agreement is between the developer and T.M.L.P. She stated that the Power Purchase Agreement still needs to go to ISO before it enters the grid. She stated that nowhere in the contract are there provisions that state what happens if this doesn't get signed by T.M.L.P. or goes to ISO and doesn't get approved and they enter into the lease. Councilor Borges also stated that Roseberry Energy is not registered with the Massachusetts Secretary of State's Office as an LLC. Mr. Delio Russo stated that if any of the steps mentioned didn't happen, then the developer wouldn't develop and that the lease vote is independent of a PPA vote. He stated that T.M.L.P. confirmed with them in writing that they have agreed to terms with NextGrid, which is why the City is moving forward. Mr. Dello Russo clarified that tonight's vote is not regarding the PPA, it is in regards to the Lease Agreement for solar panels on the Taunton Landfill. Councilor Borges stated that eighteen (18) people inquired about the landfill, some of which are reputable solar companies and she connected with some of them to find out what their issues were with the RFP. She stated that they expressed concerns with the interconnection agreement, the PPA was not listed on the RFP, and other concerns. Councilor Borges stated the City's current Procurement Officer has nothing to do with this and was not even here when this happened. Councilor Borges stated that she has questions regarding page 7 of the RFP which discusses the interconnection agreement. Mr. Delio Russo stated that this is not on the agenda. Councilor Borges stated that this causes her to question Chapter 30B, the procurement process and whether this was done fairly. Mr. Dello Russo stated that there were addendums issued in accordance with the proper procurement procedures under Chapter 30B. Mr. Delio Russo stated that when people ask questions, they issue an RFI. The City Solicitor stated that it is not appropriate to have testimony about an unnamed person and making comments that aren't verified about a procurement process that is beyond the scope of this discussion. He stated that this discussion is about the proposed lease agreement and the procurement process is independent of this agreement. Mayor O'Connell stated that comments and questions should be about this Lease Agreement. Councilor Borges stated that she has looked into other communities for comparison, like Marshfield. Mr. Dello Russo stated that there is a difference between Marshfield and Taunton due to the relationship with T.M.L.P. Councilor Coute discussed the positives of this project which include the clean energy, lowering the tax burden, helping low income families and the use of a difficult site that doesn't have many uses. Councilor Coute inquired if Attorney Costa's office has had the opportunity to review the lease agreement, which he confirmed that they had reviewed it and found it to be in appropriate form. Mr. Sukeforth stated that he feels everything was done correctly. Motion was made to  5 continue the vote to next week. On discussion, Councilor Dooner stated that she did speak with some reputable solar companies who prefer to do business with privately owned businesses versus a municipality, so she was pleased to hear that someone was interested in doing business with the City. Councilor Borges stated that she would like the opinion of Attorney Costa regarding the PPA not being signed and needing to go before ISO for approval and the City of Taunton entering into a lease agreement in that situation. Attorney Costa stated that it is important point that the lease agreement is separate from other permits and approvals and that it is referenced in the lease agreement that there are other pieces of this that the developer will proceed with to put the whole deal on their end together. Mr. D~llo Russo stated that the City is protected in this project and that this is the next step in the process. Councilor Pottier stated that it is a standard practice for a developer to have an LLC to protect the corporate head. Councilor Dooner stated that a memorandum of lease gets recorded with a certificate of good standing establishing the entity and showing their good standing, which is also going to be recorded with it. Councilor Duarte stated that the LLC could also be registered in a state outside of Massachusetts. He inquired of Mr. Parent if there is a usual order to this process. Mr. Parent confirmed that this is the usual order and there are many steps to follow after this. He stated that the developer needs a commitment from the City before they will continue to spend the money on the project. Councilor Duarte stated that at the meeting in November, the Finance Team explained that T.M.L.P. is a business and for them this is a business transaction and does not see an issue with them not being here for this presentation. Councilor Duarte expressed gratitude to the Finance Team and Mayor O'Connell's administration for taking a proactive approach to the issue of solar energy. Councilor Coute inquired that if someone makes a point of order, should they wait to be called on or should they continue speaking. Attorney Costa stated that if someone makes a point of order, they should wait to be called on by the chair, in this case it would be the Mayor, before they continue speaking. Motion was made to continue the vote on the lease agreement to next week. On a roll call vote, eight (8) Councilors were present, eight (8) Councilors voted in favor. Councilor Postell was absent. So Voted. Motion was made to excuse the parties. So Voted. Mayor 0' Connell stated that the Honor Our Military Event will take place on Saturday, September 9, 2023 from 11 :OOam to 3 :OOpm located behind City Hall. They will be celebrating veterans and military members. There will be family activities and service providers for veterans. Mayor O'Connell expressed gratitude to Karen Pemberton, T.M.L.P., volunteers and the generous sponsors for making this event possible. Mayor O'Connell stated that this Monday, September 11, 2023, will be the 9/11 Remembrance Ceremony located at Memorial Park at 11 :OOam. Appointments: Appointment of Virginia Johnson, 8 Summer Street, Taunton to serve on the Taunton Cultural Council for a term of three (3) years expiring in August 2026. Motion was made to approve. So Voted. On discussion, Councilor Borges stated that last week she requested to have the resumes for any future appointments, however, they know Ms. Johnson from the Taunton Public Library so she is comfortable with this appointment.  6 Communications from City Officers: Com. from the Executive Director, Contributory Retirement System stating that the Taunton Retirement Board recently held nominations for an election to fill one of the elected members terms on the board. As of the deadline on August 14, 2023, there was only one candidate to file a nomination paper, incumbent Dennis M. Smith. The Board voted by declaration to re-elect Mr. Smith to a new 3-year term from December 1, 2023 to November 30, 2026 at its regular meeting on August 23, 2023. Motion was made to receive and place on file. So Voted. Com. from the Safety Officer regarding the concern expressed by J.P. Marcoux about the crosswalk signal at the intersection of Spring Street, Summer Street and Church Green. He stated that he checked the pedestrian button and discovered that two of the buttons were not working correctly. He spoke with Joe Fernandes from T.M.L.P. and he had both buttons replaced. Motion was made to receive and place on file with thanks to J.P. Marcoux, Officer Chaves and Mr. Fernandes. So Voted. Com. from the Chief Financial Officer stating that the Finance Department and the Director of Veterans Services would like the opportunity to discuss and request a vote to adopt M.G.L. CH.60 § 3F, which is a voluntary donation to municipal veterans assistance fund by designation on municipal property tax or motor vehicle excise bills. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from the Director of Elections stating that at the Election Commission meeting held on Tuesday, August 29, 2023, the Election Commission voted unanimously to recommend the City Council approve early voting for the period of October 30th- November l5\ in the Silver City Conference Room, Second Floor, for the November 7, 2023 Election. The in person, early voting schedule, recommended by the Commission, is as follows: Monday, October 30th, 8am-4pm; Tuesday, October 31st, 8am-7pm; Wednesday, November 1st, 8am-4pm. Motion was made to approve and refer to the Director of Elections for an extended time frame for voting to include Thursday, Friday and Saturday. So Voted. On discussion, Councilor Pottier stated he received a message from a concerned citizen as to why an extended time frame is not being offered for voting to include Thursday, Friday and Saturday. Councilor Sanders stated that Halloween will not likely be well attended night for voting, and would suggest putting the evening hours on that day towards some hours on Saturday. Com. from the Director of Elections stating that at the Election Commission meeting held on Tuesday, August 29, 2023, the Election Commission voted unanimously to request a police detail be appointed at City Hall during the in person, early voting period of October 30th-November 1st for the November 7, 2023 City Election. Having a police detail during the early voting period has been standard practice in the past anytime early voting was held in Taunton. However, due to the new legislation passed under the VOTES Act, the procedure has been modified to require this appointment be made by the Council at the request of the Commission. Additionally, this new statue requires the Council to act as the appointing authority for the police detail coverage for Election Day. Motion was made to approve the request and add that the Council will approve to have a detail on Saturday if the Commission chooses to have early voting hours at that time as well. So Voted.  7 Com. from the Assistant City Solicitor stating that the Law Department in collaboration with the Department of Human Resources is recommending the repeal of Taunton City Ordinance Chapter 105 § 105-2 requiring a pre-employment physical for City Employees. Motion was made to refer to the Committee on Ordinances and Enrolled Bills and invite the Director of Human Resources and Attorney Bond next week. So Voted. Com. from the Human Services Director expressing gratitude to the administration for embracing the Taunton TRIAD program after the Sheriffs Office transferred fiscal oversight back to each municipality this summer. The Human Services Department is very proud of the fact that Robert Cammarata, their former Director, founded the Taunton TRIAD with former Police Chief Raymond Oberg. The Human Services Department and Council on Aging operate multiple programs that lead to the safety and wellbeing of not just the elder community, but the community as a whole. As the leader of the Elder Community Crisis Intervention Team, they are faced daily with many seniors who are victims of financial exploitation, neglect, abuse and lack of supports. Motion was made to receive and place on file with thanks to Ms. Bonenfant. So Voted. On discussion, Councilor Duarte stated that he spoke to Ms. Bonenfant and that this statement was put together to dispel a mischaracterization that was made during the Committee on Finance and Salaries meeting that the Council on Aging was not willing to take on the administration of the TRIAD program. Communications from Citizens: NONE. Petitions: Hours of Operation License - RENEWALS 1. Bobby's Place, Inc., located at 60 Weir Street, Taunton. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. 2. E-Z Clean Laundry Center Inc., located at 11 Tremont Street, Taunton. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. 3. E-Z Clean Laundry Center Inc., located at 89 Winthrop Street, Taunton. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. 4. E-Z Clean Laundry Center Inc., located at 173 Broadway. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. 5. Broadway Quick & Clean Car Wash, Inc., located at 175 Broadway, Taunton. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. Flammable Storage License Transfer of Ownership Petition submitted by Clarissa Gorrie-President, 362 East Street, Brockton, MA 02302 requesting approval of a change of ownership of her Flammable Storage License to 94 Winthrop Street LLC located at 94 Winthrop Street, Taunton. (DEED ON FILE). Motion was made to approve. So Voted.  8 Committee Reports: Motion was made for Committee Reports to be read by title and approved. So Voted. Recommendations adopted to reflect the votes as recorded in Committee Reports noting that Councilor Duarte excused himself from item #1 on the Committee of the Council as a Whole. So Voted. Unfinished Business: NONE. Orders, Ordinances and Resolutions: Order to be accepted on a roll call vote Ordered That, The City of Taunton shall establish a Taunton Triad agency I gift account in accordance with M.G.L. c. 44 §53A which shall be a separate interest-bearing account established by the Treasurer. The Mayor's office in conjunction with the Taunton Triad Administrators are hereby authorized to accept monetary donations for purposes of the account and such donations shall be deposited into said account. The account will be assigned its own general ledger number from the City Auditor. These funds will not be general fund receipts and the specific use of said funds will be as followed: • Prevention of Fraud, Cons and Scams • Fire Safety • Self Defense • Prescription Drug Safety • Silver Alert • Senior Neighborhood Watch • Senior Mental Health • Driving Techniques • Caregiver Support and Education I Dementia Friendly Initiatives On a roll call vote, eight (8) Councilors were present, eight (8) Councilors voted in favor. Councilor Postell was absent. So Voted. New Business: Councilor Coute stated that during the Committee of the Council as a Whole there was a discussion regarding new business and per the advice of the City Solicitor, anything that is brought up during new business, unless emergent, should be referred to the following week's agenda. Councilor Borges requested to meet with Kevin Scanlon regarding ordinance §440-706 Signs. Motion was made to refer to the Committee on Ordinances and Enrolled Bills. So Voted.  9 Councilor Borges motioned to refer to the Law Department to determine whether the City of Taunton has adopted M.G.L. Chapter 53 Sec. 18B, which would allow the City of Taunton to provide a booklet regarding the charter vote coming up on November 7th that explains what a yes vote would mean and what a no vote would mean. On discussion, Councilor Coute requested that this matter be placed on next week's agenda so that the Council has the opportunity to research the law. On a roll call vote, five (5) Councilors voted in favor (Borges, McCaul, Pottier, Sanders and Quintal), three (3) voted in opposition (Dooner, Duarte and Coute). Councilor Postell was absent. The motion passes. ) Councilor Borges motioned to refer to the Director of Elections to report back to the Council regarding how the ballot question for the charter will happen on November 7th with the absentee ballot in the early voting, whether or not that will be two (2) different ballots and how that process is going to work. On discussion, Councilor Coute requested that this matter be placed on next week's agenda so that the Council has the opportunity to research this matter and the Council received legal guidance that this is not best practice. Councilor Pottier stated that he would be willing to vote on this matter next week, however, since they only discussing adopting these new guidelines this evening he is comfortable voting on the matter this evening. Councilor Dooner stated that she would request that the Council does not violate the Council rules and follow the procedure that was given to them by the Law Department. Councilor Duarte stated that some of these questions can be answered by reaching out to the Departments directly. Councilor Borges stated that she made her motion because these are questions being asked by many constituents. On a roll call vote, five (5) Councilors voted in favor (Quintal, Sanders, Pottier, McCaul and Borges), three (3) Councilors voted in opposition (Coute, Duarte and Dooner). Councilor Postell was absent. The motion passes. Meeting adjourned at 8:53 P.M. A true copy: Attest: JLL/MAF  10 RECEIVED City of Taunton CITY CLERK'S OFFICE Municipal Council September 5, 2023 2023 SEP - 8 A 8: 21 The Committee on Finance and Salaries TAUNTON, MA CITY CLERK The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA--0278"0 in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Phillip Duarte, Chairman Councilor David Pottier Councilor John McCaul Also Present: Patrick Della Russo, CFO Gill Enos, Budget Director The meeting was called to order at 5:35 PM. I. 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 amountof$4,018,492.60. So voted. Motion by Mr. Pottier and seconded by Mr. McCaul to approve the accounts payable warrant in the amount o/$2,568,349.30. So voted. 2. Meet to discuss the request on behalf of the Golf Commission to pay a prior year invoice. Motion by Mr. Pottier and seconded by Mr. McCaul to invite in the interested parties. So voted. Councilor Duarte read the letter from Mr. Enos on behalf of the Golf Commission as well as the letter from Attorney Thomas Gay regarding the purchase of a computerized cash register. Motion by Mr. Pottier and seconded by Mr. McCaul to make these part of the record. So voted. Mr. Pottier indicated that he understands that there was a point of sale system previously installed and wonders what happened to that system. He suggested that this be investigated further to ensure that it is a valid bill. Motion by Mr. Pottier and seconded by Mr. McCaul to refer to the administration to investigate to ensure that this is a valid bill. Mr. Enos suggested that the Committee might like to invite the Commission.  11 Ms. Borges stated that she has received many calls regarding this system and has heard that the system was not there when the new commissioner took over. She would like some more information. Mr. Coute, the Golf Course Commission Representative, referenced the contract. He believes that there was a system that needed upgrade and encouraged further investigation. Mr. Pottier added to his motion. Amended motion: Refer to the administration to investigate to ensure that this is a valid bill. Return in 30 days and invite the Golf Course Commission. So voted. 3. Meet to discuss the request from the Fire Department to pay prior year invoices. Mr. Duarte read a letter from the Chief detailing the bills. Motion by Mr. McCaul and seconded by Mr. Pottier to approve and transfer as follows: $3,990.86 from 01-220-5200-5301 $1,340.85 from 01-220-5200-5301 $150. 71 from 01-220-5200-5301 $2, 176. 72 from 01-220-5200-5254 $645.58from 01-220-5200-5442 $1, 655. 08 from 01-220-5200-5480 $18.16 from 01-220-5200-5442 $209. 40 from 01-220-5200-5230 $150. 00 from 01-220-5200-5588 $150. 00 from 01-220-5200-5588 $150. 00 from 01-220-5200-5588 $125. 00 from 01-220-5200-5588 To: 01-220-5520-5999-Prior Year. So voted. Motion by Mr. Pottier and seconded by Mr. McCaul to adjourn at 5:45 PM So voted. CITY OF TAUNTON Respectfully submitted, SEP 0 5 2023 )~ta_?f' 0~ c CJt4 ~ ~ . \ IN MUNICIPAL COUNCIL Maggie Clarke Clerk of Council Committees PORTS ACCEPTED. RECOMMENDATIONS ADOPTED. Committee on Finance and Salaries September 5, 2023 Page 2 o/2  12 f-\ECEIVED City of Taunton CITY CLERK'S OFFICE Municipal Council September 5, 2023 2023 SEP -8 A s~ 28 The Committee on Police and License TAUHTOH. MA CITY CLERK The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA-02780 in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Jeffrey Postell, Chairman Councilor Barry Sanders Councilor Estele Borges Also present: Detective Sergeant Joseph Balmain Public Safety Officer Arsenio Chaves The meeting was called to order at 5:47 PM. 1. Meet to discuss tow truck companies cleaning streets and surrounding areas after responding to an accident scene. Motion by Ms. Borges and seconded by Mr. Sanders to invite in the interested parties. So voted. Mr. Postell explained that this has been an ongoing concern when debris is sometimes left behind at the scene of an accident. Detective Sergeant Balmain stated that emails went out to the department asking them to reach out to him if any issues come up. However, he has not personally received any complaints regarding cleanups. The tow companies have their contract and they should clean up. Mr. Postell asked about the details of the contracts and the Detective Sergeant Balmain indicated that there is a rotation of 6 tow companies with 2 weeks on call. Mr. Postell asked if there has been any correspondence with the tow companies and Mr. Balmain indicated that he verbally called and spoke to them about a year ago. Mr. Postell asked ifthere have been any recurring issues and Mr. Balmain said that there were 2 companies with issues back then but now he is not sure. Mr. Postell asked about the contracts. Mr. Balmain did not know who established the contracts and who inspected the equipment or if there were any inspections at all. He expressed concern that the tow companies do not have the proper equipment as outlined in their contracts.  13 Ms. Borges suggested that the Committee needs the Chief and other representatives to talk about these tow contracts. She hasn't heard any complaints in 6 months. Mr. Sanders asked if the contracts expire at the same time and Detective Sergeant Balmain indicated that he believes they all expire on 9/30/25 and were signed 10/1/22. Mr. Sanders asked ifthere is language about the City having an opportunity to inspect the equipment and Detective Sergeant Balmain confirmed that is what he is planning to do. Mr. Sanders asked how long these inspections would take and 6 weeks was suggested. Mr. Sanders asked if there is any sort of official complaint log. Detective Sergeant Balmain indicated that it is primarily verbal so Mr. Sanders requested that a log be created. Ms. Borges suggested that a letter be sent as some tow companies do not email. Mr. Pottier stated that he often sees the obvious remnants of an accident and is concerned that this could be dangerous for a motorcycle rider. Mr. Coute suggested that the Chief and the Law Department write a memo within a couple weeks to the tow trucks with the expectations and begin inspection of equipment. Ms. Dooner suggested that a 6 week time frame might not be enough time if there are companies with dozens or even 5 0 trucks, for example. Mr. Postell suggested that at the minimum the companies should have a broom, shovel, and trash can. Detective Sergeant Balrnain stated that sometimes the tow companies are not called if there is an accident that just happens. Ms. Borges indicated that she spoke to Captain Santos and understands that sometimes there are accidents that happen in the middle of the night when no one is called and debris is left behind. Motion by Mr. Sanders and seconded by Ms. Borges that Detective Sergeant Ba/main complete the inspections of the tow trucks and report to the Committee in 45 days. A complaint log is to be created to track compliance with contract expectations. The Police Department should work with the Law Department to send a memo to the tow truck companies reminding them of the expectations as outlined in the contract. So voted. Motion by Ms. Borges and seconded by Mr. Sanders to excuse Detective Sergeant Balmain. So voted. 2. Meet with the Safety Officer to discuss parking issues near fire hydrants in the area of 17 Whitehill Street. Committee on Police and License September 5, 2023 Page2oj3  14 Mr. Postell explained the issues. There are concerns with commercial vehicles parking for a long time and leaving debris, oil, etc. behind. But the biggest concern is parking that obstructs fire hydrants. Officer Chaves stated that almost every day that he's worked since this came to his attention he has gone by that area at different times of the day. He issued one ticket for a vehicle blocking the hydrant. Since then the hydrant has not been blocked. He encouraged anyone who sees a vehicle blocking a hydrant to call the Police Department. He did see some people parking in a no parking zone which made the road tight. Officer Chaves issued tickets and this stopped after a week and a half. Motion by Mr. Sanders and seconded by Ms. Borges to dismiss the party and to adjourn the meeting at 6: 13 PM So voted. CITY OF TAUNTON Respectfully submitted, ~ r Wt'-i'-<-- SEP 0 5 2023 IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees RE ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. </ ~ Committee on Police and License September 5, 2023 Page3 oj3  15 City of Taunton ;=-;;ECE\VED CITY CLEF!K.'S OFFICE Municipal Council September 5, 2023 ZOZ3 SEP -8 A 8: 28 The Committee on Public Property TAUNTOH. MA The meeting was held at Taunton City Hall, 15 Summer Street, Taunton;--MA--m7fJ~:d_ t~~ERK Chester R. Martin Municipal Council Chambers. Members Present: Councilor Christopher Coute, Chairman Councilor John McCaul Councilor Kelly Dooner Councilor Lawrence Quintal Councilor Estele Borges Also Present: Patrick Dello Russo, CFO Richard Conti, Chief Assessor The meeting was called to order at 6: 14 PM. 1. Meet to discuss the request to amend the vote taken on August 1, 2023 to move Map 92 Lot 279 near 103 East Water Street into the abutters program. Motion by Ms. Borges and seconded by Ms. Dooner to invite in the interested parties. So voted. Mr. Conti explained why this property is not appropriate for the abutters program. · Ms. Borges asked if the abutter who had expressed interest had been notified. Mr. Conti said that he will contact them. Motion by Ms. Borges and seconded by Ms. Dooner to declare as surplus. So voted. Motion by Ms. Borges and seconded by Ms. Dooner to excuse the party and adjourn the meeting at 6:16 PM So voted. CITY OF TAUNTON Respectfully submitted, SEP 0 5 2023 )),~__, f . C&!JLL IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees ~/~~~~~CCEPTED. RECOMMENDATIONS ADOPTED. V:::::7t:., ~··  16 RECEIVED City of Taunton CITY CLCnK 'S OFFICE Municipal Council September 5, 2023 ZD23 SEP -8 A 8: 28 The Committee on the Department of Public Works TAUNTOH. HA · · .. __ i.ITY CLERK The meetmg was held at Taunton City Hall, 15 Summer Street, Taunton, MA~D278Tfm the Chester R. Martin Municipal Council Chambers. Members Present: Councilor John McCaul, Chairman Councilor Lawrence Quintal Councilor Phillip Duarte Councilor Christopher Coute Councilor Jeffrey Postell Also Present: Brad Fitzgerald, SFG Associates, Inc. The meeting was called to order at 6: 18 PM. 1. Sewer Extension on Marvel Street - Continued Hearing In accordance with Chapter 375-1 of the City of Taunton Ordinance and on the petition of Senna Fitzgerald Gilbert Associates, 28 Main Street, Lakeville, MA on behalf of Eduardo Almeida, owner of property on Marvel Street known as 0 Marvel Street, Assessors Map 91 Lots 170 & 192, Taunton, MA, 02780, a hearing will be held before the Taunton Municipal Council Committee on the Department of Public Works for a proposed sewer extension on Marvel Street. The project will consist of the installation of approximately 121' of a 2" force main sewer pipe running from an existing sewer manhole in Marvel Street to a proposed sewer manhole to be installed in Marvel Street. The force main must meet City of Taunton Sewer Department specifications. The proposed sewer manhole in Marvel Street will include a 2" stub running 5' northeasterly from the proposed sewer manhole, for future connection. The job will also include coring into the existing sewer manhole in Marvel Street, at the elevation indicated. The job must meet all standards of the City of Taunton Department of Public Works including, but not limited to, trench work and permits, road openings, and sewer installation. The Contractor will be responsible to contact Dig-Safe and all appropriate utility companies prior to the start of the project. There will be no betterment assessments since no City funding is involved. Plans and specifications for the project can be viewed in the Office of the Department of Public works, 90 Ingell Street, Taunton, MA.  17 The Clerk of Committees read a letter from Anthony Abreau approving this sewer extension with conditions. Motion by Mr. Coute and seconded by Mr. Postell to make that letter part of the record So voted. Motion by Mr. Postell and seconded by Mr. Coute to invite the interested parties in. So voted. Mr. Fitzgerald indicated that Mr. Abreau's letter summarizes the project. Motion by Mr. Coute and seconded by Mr. Postell to open public input. So voted. Motion by Mr. Quintal and seconded by Mr. Postell to close public input. So voted. Motion by Mr. Coute and seconded by Mr. Quintal to approve the project in accordance with the letter and specifications from the DPW Office. So voted. 2. Meet to discuss the request to open the road at 6 Wilson which is under a moratorium. The Clerk of Committees read a letter from Anthony Abreau approving the road opening at 4-6 Wilson Ave. with conditions. Motion by Mr. Postell and seconded by Mr. Quintal to make that letter part ofthe record So voted. Motion by Mr. Quintal and seconded by Mr. Duarte to approve with the conditions outlined in the letter. So voted. Motion by Mr. Coute and seconded by Mr. Postell to adjourn at 6:23 PM So voted. CITY OF TAUNTON Respectfully submitted, SEP 0.5 2023 ·1t~ e-c~.J~c- IN MUNICIPAL COUNCIL Maggfi¥. Clarke Clerk of Council Committees ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~RKX'o/ Committee on the DPW September 5, 2023 Page2 oj2  18 RECEIVED City of Taunton CITY CLEHK'S OFFICE Municipal Council September 5, 2023 ZOZ3 SEP -8 A 8: 2q The Committee of the Council as a Whole TAUNTON. HA --,~------CITY CLERK The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. Councilors Present: Council President Kelly Dooner Councilor Phillip Duarte Councilor Estele Borges Councilor John McCaul Councilor David Pottier Councilor Christopher Coute Councilor Barry Sanders Councilor Lawrence Quintal Councilor Jeffrey Postell Also Present: Chapman Dickerson, Bask, Inc. Tim Keough, Bask, Inc. Andrew Sukeforth, Director of Procurement Patrick Dello Russo, CFO Christine Clymens, Treasurer-Collector Richard Conti, Chief Assessor Attorney Matt Costa, City Solicitor The meeting was called to order at 6:26 PM. 1. Meet to discuss an HCA extension for Bask, Inc. at 400 Winthrop Street. Motion by Mr. Pottier and seconded by Ms. Borges to invite in the parties. So voted. Councilor Duarte noted that he is recused from this matter. Ms. Dooner asked for an update and Mr. Dickerson stated that they are in construction now. Paving is expected on Monday and Tuesday. The electrical and plumbing are roughed. Ms. Borges asked for the anticipated opening date. Mr. Keough stated that they are on target for construction to be complete by November 7. Then they will have inspections and seek a Certificate of Occupancy but he is optimistically hoping to be open by the end of the year. He reported that they are making good headway.  19 Motion by Mr. Coute and seconded by Ms. Borges to extend.for 6 months. So voted. Motion by Ms. Borges and seconded by lYlr. Postell to excuse the parties. So voted. 2. Meet with the Finance Department for a report on Tax Title and Land Court parcels. Ms. Clymens gave a presentation that explained the tax title and foreclosure process and showcased sevel'al properties that may end up in foreclosure. The properties that she highlighted that might go into foreclosure were 53 Berkley Street, 20 Grand Avenue, 472 Richmond, 16 Benefit Street, and 56 Turner Street. She stressed that the City tdes to avoid foreclosure and Mr. Delio Russo noted that payment plans at·e available. a. Discuss the request to declare 21 Weir Street as surplus. 21 Weir Street was discussed. This is a City owned property that was taken ove1· in 2020 and the request was to declare this surplus through the marketable pmperties program. Ms. Dooner asked about the six month process. Ms. Clymens explained the notification process, Mr. Coute asked if there was any research on the mortgage debt. Ms. Clymens indicated that there are no mortgages on these properties. Mr. Coute asked about the mindset for 21 Weir Street and Mr. Dello Russo stated that this would go out as an RFP like the other marketable properties and be handled by the RFP committee. He asked how the City came to own this property and Mr. Della Russo stated that there was a deed transfer in 2020 but he did not have the specifics. Mr. Coute asked for the size of the building and Mr. Conti stated it is approximately 25,000 sq. ft. Mr. Pottier inquired as to research on finding heirs. Ms. Clymens stated that the land court does that. Mr. Pottier asked if the City reaps the entire benefit from the sale and Mr. Della Russo confirmed it would be treated as sale of real estate proceeds. Mr. Pottier asked if the net proceeds go to the general fund. Mr. Dello Russo stated that they pay back taxes and apply cleanout costs. Of the net proceeds, 50% would go into sale of real estate proceeds. The other 50% would go into the downtown development initiative account for the marketable ptoperties program. Mr. Pottier would like to alleviate the concern that there are inside deals and suggested that they return to the Council with success stories of sales. Ms. Borges asked about 21 Weir Street. She indicated that this property had been purchased by the City for $150,000 for the Galligan Lot. Mr. Dello Russo stated that this is no longer part of the plan. Ms. Borges indicated that she would like to hear from the Parking Conunission to understand what changed. She asked why this prncess takes so long and Ms. Clymens said that land court is significantly backed up. Ms. Borges asked how many properties there are in tax title and he mid Mr. Dello Russo did not know for sure. He indicated that they can request for these discussed tonight to be expedited. Comml/lee of the Co1111clf (IS a Whole September S, 2023 Page2of4  20 Mr. Sanders asked about the City retaining the proceeds from the sale of foreclosed property and referenced a Supreme Court case that seems to suggest that cities and towns are entitled to only what it is owed. He asked the Law Department to review that ruling and provide the Council and the administration with some advice. Ms. Dooner stated that she deals with land court on a daily basis and there is a rigorous process to find an heir to a property. Mr. Della Russo stressed that in Massachusetts there is the right of redemption for one year. Motion by Mr. Pottier and seconded by Mr. Coute to declare 21 Weir Street surplus. So voted. Motion by Mr. Coute and seconded by Mr. Postell to excuse the parties. So voted. 3. Meet to discuss the rules for placing new business items on the agenda. Motion by Mr. Coute and seconded by Mr. Postell to invite in the City Solicitor. So voted. Mr. Coute stated that he believes that it is best practice to post new business on the agenda. He thinks that the Council has gotten in the habit of bringing things up under new business that could have been placed on the agenda. Attorney Costa agreed that it is best practice to place things on the agenda. Ms. Dooner suggested that safety issues might be an exception. Attorney Costa stated that the preference is to put items on the agenda if at all possible. Mr. Postell indicated that he believes that public safety matters that need immediate attention have been allowed in the past. Ms. Borges indicated that she believes that this topic was brought up because of the presentation in the Committee on Economic Development a couple weeks ago and she's not sure why this is being discussed tonight. Ms. Dooner stated that she does not believe this is specific to any particular event and is about new business. Mr. Coute stressed that if something is going to be referred it should be placed on the agenda so that the Council is in compliance with the Open Meeting Law. Mr. Pottier suggested that there has been a creep where an emergency has become less of an emergency. He suggested having items on the agenda is helpful to the councilors as it gives everyone a chance to better understand the issue. Ms. Sanders expressed his understanding that the Open Meeting Law would not preclude the Council from bringing something up if it's just to be referred. Committee of the Council as a Whole September 5, 2023 Page3 of4  21 Mr. Duarte stated that this issue has been going on for a long time. When he was the Council President he wrote a memo asking as a professional courtesy that new items be placed on the agenda. He believes the Council should deliberate whether a matter warrants the attention of the City Council's committees. Issues that warrant the attention of the City do not necessarily warrant the attention of a committee. Motion by Ms. Borges and seconded Mr. Sanders to adjourn the meeting at 7: 13 PM and excuse the party. So voted. Respectfully submitted, CITY OF TAUNTON SEP 05 2023 ·'fl~· C'. C{;i/'-cv._ Maggie "E. Clarke IN MUNICIPJ·L COUNCIL Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. COUNCILOR DUARTE USED HIMSELF FROM ITEM #1 Committee of the Council as a Whole September 5, 2023 Page 4 of4  22 CITY OF TAUNTON ORDER#9 FY 2024 s;b ~ <Jotuzcd. . . . . . . . . . . ~.~.~.~~.~.?..~.~.~.:?~~·~················· 20.............. The sum of ten thousand seven hundred sixty two dollars and thirty six cents ($10,762.36) be and hereby is transferred as follows: $3,990.86 from Fire Department Expense Account 01-220-5200-5301 $1,340.85 from Fire Department Expense Account 01-220-5200-5301 $150.71 fr()m Fire Department Expense Account 01-220-5200-5301 $2,176.72 from Fire Department Expense Account 01-220-5200-5254 $645.58 from Fire Department Expense Account 01-220-5200-5442 $1,655.08 from Fire Department Expense Account 01-220-5200-5480 $18.16 from Fire Department Expense Account 01-220-5200-5442 $209.40 from Fire Department Expense Account 01-220-5200-5230 $150.00 from Fire Department Expense Account 01-220-5200-5588 $150.00 from Fire Department Expense Account 01-220-5200-5588 $150.00 from Fire Department Expense Account 01-220-5200-5588 $125.00 from Fire Department Expense Account 01-220-5200-5588 To: Fire Department Account 01-220-5520-5999 -Prior Year. IN MUNICIPAL COUNCIL SEPTEMBER 5, 2023 ADOPTED, JENNIFER LEGER, CITY CLERK PRESENTED TO THE MAYOR AND APPROVED, SEPTEMBER 12, 2023 SHAUNNA L. O'CONNELL, MAYOR. ································································ efk£..