City Council

City of'Taunton :M.unicipa{Council:Meeting :Minutes City 1fa{{, 15 Summer Street, 'Taunton, ~ In tne Chester~ :Martin :M.unicipa{CounciC Cham6ers :Minutes, Septem6er 12, 2023 at 7:23 O'cfoc~/P.:M.. (J'(etfge offl.lCegiance ~guCar :Meeting :Mayor Sfiaunna £. O'Conne{{presitfing (J'rayer was offerea 6y tli.e :Mayor fl. moment of siCence was offereafor <Bi{{ (]QJogiero, a Cong time eaucator in tne City. Jle taugnt at Coyfe Cassitfy, 'l'C!MS ana Saint :Mary's. Jle toucli.ea tli.e Cives of countCess youtn in tli.e community anawi{{ 6e missea 6y many. (!'resent at ro{{ ca{{were: Councifors ©ooner, ©uarte, <Borges, :M.cCau~ Cl'ottier, Coute, Sanders, Quintalana(J'oste{{ Record of preceding meeting was read by title and approved. So Voted. Motion was made to go out of the regular order of business to Communications from the Mayor. Communications from the Mavor: Mayor O'Connell invited the members of the POW/MIA as well as the City's Veterans Director, Ally Rodriguez, to the podium. Dennis Proulx stated that this coming weekend they are having a vigil. He stated that they have not had a vigil in about three (3) years due to Covid, however, they have been doing this for almost four (4) decades. He stated that they do not want to forget the soldiers that are still missing and that there are still 81,000 soldiers still missing since World War II. He stated that they want the government to continue to fund the search for these missing people. He stated that weather permitting, they are planning to start at noontime on Saturday and end at noontime on Sunday, however, they will keep the public posted. He stated that Ally Rodriguez will be the main speaker on Sunday. He stated that they are hoping to reach as many people as possible to continue the work that has been done. He encouraged the younger veterans to join the veteran groups as there is strength in numbers. Mayor O'Connell expressed gratitude to the POW/MIA for educating the community and their commitment to bringing the missing soldiers home for over forty (40) years. Mr. Proulx stated that they will be updating the community of the plans for the vigil on their Facebook page. Mayor 0' Connell expressed gratitude to everyone who attended the Honor Our Military Event and to everyone who attended the 9/11 Remembrance Ceremony.  2 Mayor 0' Connell stated that Ride 22 9th Annual Ride and Barbecue will be Saturday, September 16, 2023 at the Pines at the Lafayette Club. This event will be rain or shine. The rider registration will take place at 10:30am and kickstands will go up at 12:00pm. The full event at the Lafayette Club will take place l:OOpm to 5:00pm. Tickets will be $25 per person, proceeds will go to the support and education of veteran and military suicide. Mayor O'Connell stated that the Downtown Taunton Foundations 11th Annual Fall Fest Block Party will take place on Saturday, September 16, 2023 from 6:00pm to lO:OOpm at Trescott Street. This will be a 21 + event and tickets will be $3 0 per person, which includes food, music and entertainment. This event is rain or shine. Mayor O'Connell stated that on Saturday, September 23, 2023, there will be a free, one day household waste drop off from 7:00am to 3:00pm located at 330 East Britannia Street. Information about what is accepted is on the City's website and Facebook page. Residents are also welcome to call the Department of Public Works or the Mayor's Office to get this information. Proof of residency will be required. Motion was made to go out of the regular order of business to Unfinished Business. So Voted. Unfinished Business: Continued from September 5, 2023: Vote on Solar Lease Agreement at Taunton Land Fill. Motion was made to invite the TMLP representatives into the enclosure. So Voted. The TMLP representatives introduced themselves as Kim Holmes, General Manager of TMLP, Attorney Chris Pollart, KP Law/Counsel for TMLP, and Sonja Britland, Sustainability and Commercial Development Department. Mayor O'Connell stated that she was not aware that the TMLP representatives were here this evening and that Patrick Dello Russo, CFO, will also be coming down to join them. Ms. Holmes stated that they do not have anything to present and were asked to be here to answer any questions. Mayor O'Connell stated that her understanding was that the Council would be voting to send this matter to the Committee on Public Property. Councilor Coute inquired as to who invited them. Ms. Holmes stated that Councilor Borges invited them. Mayor O'Connell questioned Attorney Costa as to whether this matter should be sent to the Committee on Public Property. Attorney Costa stated that the City Ordinance states that the City will lease property on a recommendation from the Committee on Public Property, therefore, it would be appropriate to have a referral to the Committee on Public Property regarding the lease before the Council has its final vote. Motion was made to refer to the Committee oil Public Property. On discussion, Councilor Borges stated that last week she asked questions of the TMLP and contacted the TMLP representatives to be here this evening to answer any questions that the Council may have had regarding the Power Purchase Agreement and any Interconnection Agreement before the Council made any decision. She stated that during this time she has read the City Ordinance and found out that the process was not followed and before it was sent out for an RFP, the City Ordinance clearly stated that this needed to be sent to the Committee on Public Property to have a discussion, and at that point it would be referred to the RFP process. She stated that these were the concerns she had last week when she requested to table this discussion. She stated that she only found out today that it should have been sent to the Committee on Public Property and she had already asked the TMLP representatives to be  3 here tonight and the representatives were not aware that it would now need to be sent back to the Committee on Public Property. Councilor Borges stated that since they are here, it may be worth asking the representatives some of the questions she had regarding this proposal. Attorney Costa stated that the legal requirement is that the City will not enter into a lease or other disposition of property without a recommendation from the Committee on Public Property, which is in the City Ordinance. He stated that there is no legal requirement to go to the City Council before issuing an RFP, the requirement is before a lease is approved, the Council is supposed to get a recommendation from the Committee on Public Property. He stated that nothing inappropriate nor contrary to the Ordinances has occurred. He stated that as it stands today, the Ordinance indicates for the Council to approve a lease, it should be on a recommendation from the Committee on Public Property and nothing inappropriate transpired with the RFP. Councilor Coute apologized to the TMLP representatives for taking the time to come this evening and that anyone invited to the meeting should go through the chair of the meeting. Councilor Borges called for a point of order and stated that she had the floor before Mayor 0' Connell gave the floor to Councilor Coute. Mayor 0' Connell stated that the ruling of the chair is that Councilor Borges no longer has the floor. Councilor Pottier stated that he will defer his comments until later as he may have an additional comment based upon the comments of Councilor Borges. Councilor Borges stated that last week they had a discussion and this week they were voting on a tabled lease agreement. She stated that she invited the TMLP representatives to be in the audience so that if there were questions they could be invited into the enclosure. She stated that she does not understand why this is a problem. She stated that she would like to hear from Attorney Costa as the Ordinance clearly states that this matter needs to go to the Committee on Public Property and does not understand how it got out to an RFP before going to the Committee on Public Property. She stated that she has an issue with this process and that she invited the representatives from the TMLP as guests and there is nothing wrong with this. Attorney Costa stated that he will reiterate that the Council's approval is not legally required in order to put out an RFP. He stated that the Council approves lease agreements and the City Ordinance states that it will be on the recommendation of the Committee on Public Property, therefore, nothing inappropriate has happened. He stated that the correct step would be to get that recommendation. Councilor Pottier stated that this matter is listed under Unfinished Business on the agenda as a vote, but not with a discussion. He questioned Attorney Costa as to whether they can have a discussion on this matter even though it is not listed on the agenda. Attorney Costa stated that the rule is that the agenda item has to give notice of the subject matter and if it was strictly interpreted, it would only be a vote, but there may be some discussion within the scope of the matter. Councilor Coute stated that he had no idea the representatives from TMLP were going to be present and when people are invited it should come from the chair of the meeting and the next step will be to refer it to the Committee on Public Property. Councilor Postell stated that he was not present last week, however, he did watch the meeting. He stated that his understanding was to have this matter referred to this week's meeting for some discussion. He stated that if the decision is to move this to the Committee on Public Property for discussion then he will support that, however, he would enjoy having the opportunity to have a bit more of discussion on this and to give this matter the support it deserves. Councilor Borges stated that last week they were prepared to take a vote and yesterday she made a phone call to the Chief Financial Officer and the City Solicitor that regarding the Ordinance to make them aware that this matter had not been referred to the Committee on Public Property. She stated that this is why they are here today and that  4 they are not voting on this because there is a process and the process was not followed. She stated that if they are going to continue on these discussions regarding this lease agreement and the Solar Array, then it is wrong to not have representatives from TMLP present. She stated that the vote last week was tabled because the vote went down and with Councilor Postell being absent it was tabled again. Councilor Borges stated that she went through the last two (2) years of minutes and did not find any record of a discussion in the Committee on Public Property of having this matter referred. She stated that she is not against renewable energy nor solar arrays, but she is against not following the process. Mayor O'Connell stated that nothing was tabled last week, it was continued to this week due to Councilor Postell not being able to be present. Mayor O'Connell stated that it is correct that a lease agreement should be referred to the Committee on Public Property and there have been presentations on this with the entire Council and there have been numerous meetings with TMLP and they have a great partnership together working on this project. She stated that the process has been followed, however, it was a mistake that they didn't realize that this matter needed to go to the Committee on Public Property. She stated that it would go to the Committee on Public Property and there would be a discussion and from there it would be referred to the Committee of the Council as a Whole. Councilor Coute stated that if anyone would like to have a discussion with the TMLP about renewable energy or any other issue, the proper procedure would be to put it on the agenda and refer it. Councilor Quintal stated that they need to gain control of this meeting. He confirmed with Mayor O'Connell that this matter will be in the Committee on Public Property and that they will have the opportunity to invite the TMLP. Councilor Quintal stated that nothing was done maliciously and that they are all human and there was an error and it was caught, however, it is not productive to keep going back and forth. Councilor Duarte stated that this referral to the Committee on Public Property is purely a formality and they will be having the same discussion that they had last week. He stated that to imply that there are some nefarious shenanigans going on just because of a procedural step that has not happened is ridiculous because they will end up in the same place that they are now. He stated that he was also surprised to see TMLP here this evening and if people had questions for the TMLP representatives that a motion would have been made last week to invite them to this week's meeting. Councilor Borges stated that for her colleague to minimize the process is ridiculous. She stated that she attempted to make motions last week on the floor under New Business, which are now on the agenda for this week. She stated that there is a Committee on the Needs of TMLP, which the Councilor to the right of her is the chair of (Councilor Duarte), and she has not heard any of the initiatives nor what is happening at the TMLP through this Committee. She stated that to have the representatives from TMLP present this evening and not be able to ask them questions is ridiculous to her. She expressed gratitude to the representatives of TMLP for coming in this evening and for answering the questions she has had over the last few weeks regarding the solar array. Motion was made to excuse the parties with the Council's thanks. Mayor O'Connell stated that no one said that they were not able to ask questions. Attorney Costa stated that the agenda item last week states "Vote on Solar Lease Agreement at Taunton Land Fill" and does not say anything about the Power Purchase Agreement with TMLP nor electricity regulations, therefore, from an open meeting law standpoint, there is no notice that those items will be discussed this evening. He stated that the Solar Lease Agreement is separate from those items, therefore, it would not be appropriate to discuss them this evening as they are not on the agenda. Councilor Borges presses the motion. On a roll call vote, nine (9) Councilors were present, four Councilors voted in favor (Quintal, Sanders, McCaul and Borges), five (5)  5 Councilors voted in opposition (Postell, Coute, Pottier, Duarte and Dooner). The motion does not pass. Councilor Dooner echoed Councilor Duarte's comment that referring this matter to the Committee on Public Property is a formality and she hopes there are no predetermined votes made for that Committee and she looks forward to it being pulled out for a full vote of the Council next week. Motion was made to refer to the Committee on Public Property and invite the TMLP to discuss the Power Purchase Agreement and the Interconnection Agreement. On a roll call vote, nine (9) Councilors were present, nine (9) Councilors voted in favor. Councilor Coute asked the TMLP representatives if they would like to return next Tuesday. Ms. Holmes stated that they will return if there are questions they can help clarify. She stated that the Purchase Power Agreement is separate from the RFP and are only tied together by the building of the solar array. Motion was made to excuse the parties and revert to the regular order of business. On discussion, Councilor Coute requested that Councilor Borges wait to be recognized by the chair before speaking. Mayor O'Connell stated that Councilor's do need to be recognized before speaking, but it is helpful if they say "Madam Mayor" as it can be difficult to see Councilor's hands raised. Motion was made to excuse the parties and revert to the regular order of business. So Voted. Opportunity for input by the general public. No one spoke during public input. Hearing: Upon the joint petition submitted by the Taunton Municipal Lighting Plant and Verizon New England, Inc. proposing to relocate one (1) joint pole location; EL58 25 feet on Broadway (Route 138), Taunton. Motion was made to open the hearing and invite the representative into the enclosure. So Voted. The party introduced himself as Tyler Arruda, Engineer at TMLP. Mr. Arruda stated that he is here to propose a joint pole position with Verizon that will relocate EL58 on Broadway twenty-five (25) feet north towards the intersection of Washington Street and Broadway due to the new gas station at 223 Broadway. Councilor Pottier inquired if there will be any impact to the sidewalk or handicapped access to the sidewalk. Mr. Arruda confirmed this will be ADA compliant. Councilor Duarte stated that this is within the project area for Broadway Phase II and questioned whether MassDOT has any issues with this project. Mr. Arruda stated that when they are ready to place the pole, they will use dig safe to make sure there are no utilities nor markings in the way. Councilor Postell questioned whether this would cause an implication to any new sidewalks being put in. Mr. Arruda stated that he is not aware of any implication. Motion was made to open public input for this hearing. So Voted. No one spoke during public input. Motion was made to close public input and grant the petition. So Voted. Continued Hearing from August 29, 2023: On the petition submitted by Mary Barchard, 120 Christine Lane, Taunton, MA 02780 for the issuance of a personal Kennel License per City Ordinance Section 3-24 to allow a Grade 1 (4-6 Dogs) Kennel License for personal use/dogs, not business use, at 120 Christine Lane, Taunton. Motion was made to invite the interested parties into the enclosure and open the hearing. So Voted. Com. from the Animal Control Officer stating that she visited Mary Barchard' s residence to assess the condition of her home for a personal kennel license. She found the dogs to be in good health and her home a suitable environment for their health and wellbeing. She stated that improvements ·are being made to enhance the yard with stockade fencing around the property. Motion was  6 made to make the above listed communication a part of the record. So Voted. Ms. Barchard introduced herself and spoke about her four dogs and how they are like children to her. She stated that she has a Golden Retriever, Yorkshire Terrier, Shih Tzu, and a Miniature Poodle. She stated that she has three (3) small breed dogs and one large breed dog. She stated that one of her small dogs is fifteen (15) years old and has cancer, so she is not sure how much longer he will be around. She stated that she walks her large breed dog twice daily on a leash. She stated that she has lived in her home for approximately two (2) years. She stated that her large dog has escaped twice but has come right back to the house. Councilor Postell stated that he understands how dogs are a part of the family. He questioned whether the dogs are currently registered with the City. Ms. Barchard confirmed that they are registered with the City and up-to-date on their vaccinations. She stated that all of her dogs are spayed and neutered, with the exception of her Yorkshire Terrier, who will soon be spayed by Abington Animal Hospital. Ms. Barchard stated that she is having stockade fencing placed around her entire property as she recently had a pool installed on her property. She stated that there are also baby gates on her farmer's porch to keep her dogs safe. Councilor Postell confirmed that the woods abut to the rear of the property. Councilor Postell stated that he appreciates pet owners who are responsible and reasonable and register their pets with the City. Councilor Postell confirmed with Ms. Barchard that she is planning to use her kennel license for personal use and not a business use. Councilor Quintal confirmed with Ms. Barchard that she installed an inground pool on her property and that the stockade fence will be installed around the entire property in addition to a safety fence directly around the pool. Councilor Pottier questioned Ms. Barchard as to whether she would be comfortable with a stipulation on the license that she will not be operating any business activity regarding the dogs whether it be boarding or breeding. Ms. Barchard confirmed that she would be comfortable with this. Councilor Pottier questioned Ms. Barchard as to whether she would be building an outdoor kennel for the dogs. Ms. Barchard stated that she would not be building an outdoor kennel and that her dogs are indoor pets. Motion was made to open public input for this hearing. So Voted. The City Clerk read a communication from Larry Wallace, 30 Victoria Circle, Taunton, stating that he is in opposition to this license. He stated that this family moved into the neighborhood approximately two (2) years ago and has attempted to mold the neighborhood into a mixed residential/commercial zone, starting with a variance request to park a commercial vehicle weighing over 7,OOOlbs overnight. He stated that the family continued to park commercial vehicles overnight even though they did not have the variance yet. He stated that once the variance was denied, the parking was still occurring on a regular basis. He stated that he feels that allowing this license request to move forward will only allow this family further opportunity to abuse the rules and disregard common courtesy to their neighbors who have been in the neighborhood for over twenty-five (25) years. The City Clerk read a communication from Heather and Gerard Boehme, 78 Christine Lane, Taunton, stating that they are concerned that this kennel license will allow for breeding or to kennel dogs in addition to the pets that are owned by the Barchard family. They stated that they do not oppose the family owning four (4) dogs as family pets, but they are concerned that the license allows for up to six (6) dogs and the potential for breeding and housing dogs that are not owned by the Barchard family. She stated that they have a quiet neighborhood with many children and having a kennel would be very intrusive to all surrounding neighbors. They stated that they are also concerned because the Barchard family has shown no respect for their neighbors and that they are not capable of following the laws of the City. They explained that the snow plow, the school buses and  7 the mail carrier all have difficulties accessing the street due to the family having their vehicle parked on the street. They stated that if the use of this license is strictly to have more than three (3) dogs personally owned, then they are not opposed, however, if this is for a kennel business use then they strongly oppose in an effort to keep their neighborhood quiet, safe and purely residential. Motion was made to make the above listed communications a part of the record. So Voted. Steve Krockta, 108 Christine Lane, Taunton, stated that he is not opposed to the Barchard family having their four (4) dogs for personal use and not business use. He stated that his issue is the concerns that have been addressed by his neighbors in their letters. He stated that if she would like her license then she should get along with her neighbors. He stated that they will move a vehicle and then replace it with another. He stated that sixteen (16) houses in the neighborhood have been able to get along very well. He stated that he has pictures and videos of the school bus, recycling truck and snow plow unable to access the street due to the vehicle they have parked in the street. He stated that he does not want a structure, breeding nor boarding. He stated that her husband became angry with him and put a box on his front lawn on their property line because his truck was being towed and suspected him of being the reason for this. He stated that he is afraid of an altercation with this family. Steve Roberts, 101 Christine Lane, Taunton, stated that he would like clarity as to whether the fence would be placed around the entire perimeter and if that is the case if it can be put in writing. He stated that the Barchard family had a surveyor come out and they only surveyed Mr. Krockta's property line and he does not want the fence to end up on his property if they are doing the full perimeter. He stated that he has no objection to the dogs as long as there is no structure. He stated that he has seen the actions that have been described by his neighbors. Motion was made to close public input for this hearing. So Voted. Ms. Barchard stated that her husband has nothing to do with her dogs. Ms. Barchard stated that she has no issue with Mr. Krockta, however, she has had disagreements with his wife. Ms. Barchard stated that her husband got a box to put his motorcycle in and was intending to put it away from Mr. Krockta's property, however, the Conservation Commission would not allow it to go where they were intending and stated that it had to go in the location they placed it. Ms. Barchard explained that she will never, get along with her neighbors but would like to live in peace and that her intention is not to have her dogs outside in a structure and to not breed them. Councilor Coute stated that he views Ms. Barchard and her husband as a package deal as they are married. He stated that he watched the Zoning Board hearing and remembers her husband being belligerent to everyone in the room, which included a member of the Zoning Board who was also a Police Officer who said that there was almost an altercation at their home. Councilor Coute questioned the City Solicitor as to whether character is part of the decision when granting any license. Attorney Costa read the standard under the City Ordinance for a Class I Kennel License, which states that the Municipal Council may authorize the issuance of a Class I license after a public hearing and upon the applicants written certification of the following: the premises upon which the dogs are kept contains 0.5 acres or more, that each dog being kept on the premises has received all required shots/vaccinations, each dog subject to the license is disease free, adequately nourished and otherwise in good health, that the keeper of the dog subject to the license will obey the leash law, that the keeper of the dogs under the license will obey the laws related to excessive barking, that the dogs will be housed/sheltered or kept at a minimum of 100 feet from the nearest residential dwelling and that the premises upon which the dogs shall be kept shall be open to inspection by the Chief of Police or the Animal Control Officer at any time in accordance with Massachusetts General Laws, and if it is a business, that  8 there is a special permit, but this is not being represented as a business. He stated that it is a bit different from other licenses, for example, a Class II Used Car Dealer License has an appropriate person standard. He stated that the testimony that the Council has heard goes to the credibility of the applicant and the question about whether or not they will obey the laws. Councilor Coute stated that they will have to have an assumption that the laws will be obeyed. Councilor Coute stated that he has a concern about obeying the rules and he would like to invite the Building Inspector and Zoning Enforcement Officer next week to continue this hearing as he knows this particular property has been a concern for the neighbors and he is leery to grant a special approval with the current history of the property. Councilor Quintal stated that one of the questions from the abutters was in regards to the fence. Councilor Quintal stated that he asked Ms. Barchard if the fence would be going all the way around the property. Ms. Barchard stated that the fence will be going all the way around the property so that the dogs are unable to get out. Councilor Quintal questioned Ms. Barchard as to when the fence would be completed. Ms. Barchard stated that the fence would be completed within the next three (3) weeks. Councilor Quintal stated that Animal Control gave a positive recommendation. Councilor Quintal asked Ms. Barchard if she would mind if he came by her property in about one (1) month to check in with her as well as her neighbors. Ms. Barchard confirmed that this would be fine and that any of the Councilors are welcome at any time. Councilor Sanders stated that he would like to be able to look at this as two (2) separate issues, however, Councilor Coute makes a good point that there are some rules and they have to trust that Ms. Barchard is going to follow them. He stated that the City Solicitor went through what it takes to be granted a kennel license and it seems to him that Ms. Barchard meets those requirements. Councilor Sanders confirmed with Attorney Costa that a kennel license is renewed annually. He stated that if she is granted the kennel license today, and they are back here in a year from now, and there are abutters stating that the kennel license is being misused, they will pull the kennel license. He stated that there are other issues that need to be addressed at this residence, however, if she is going to be in charge of the dogs and she will follow all of the rules and there will be no issues with the neighbors calling about barking, smell, sickly dogs, dogs running around the neighborhood, the fence not being installed, then he is comfortable voting on this license this evening. Councilor Postell stated that it is all about being neighborly and getting along. Councilor Pottier stated that to the credit of the two (2) people who came in this evening and one (1) of the letters, they are not opposed to Ms. Barchard getting a kennel license, however, their frustration rang true. He stated that it sounds like the Zoning Board of Appeals is starting to address these long standing issues. He stated that he is not opposed to her getting a kennel license, however, the Council will be taking the concerns of the neighbors seriously. Councilor Borges questioned the City Solicitor as to whether there is anything that prevents the Council from authorizing the license for ninety (90) days and having Ms. Barchard return. Attorney Costa stated that the Ordinance states that the Municipal Council may suspend, revoke or reinstate any kennel license at a hearing for due process if the licensee fails to comply with any item required under the section. Attorney Costa stated that the best procedure would be to bring it back in front of the Council if it becomes an issue. Councilor Borges confirmed that they can bring them back in at any time if it becomes an issue. Councilor Borges stated that there have been a lot of questions raised this evening regarding this neighborhood which is concerning to her. She stated that she supports Councilor Coute's suggestion to continue the hearing as she would like to hear from the Police Department to see if they have been called to this neighborhood. She stated that this is a tough situation as Ms. Barchard is here to discuss a  9 kennel license and these issues aren't related to the kennel license, however, addressing these concerns could be a way to bring the neighborhood back together. Ms. Barchard questioned Councilor Borges about whether or not they could take her license away if her husband and the neighbors have a fight. Councilor Borges stated that the license goes with the address and if there are issues they would bring the petitioner back in and see where the Council wants to go. Attorney Costa stated that he does not want to speculate about what may or may not happen in the future. Councilor Dooner stated that the consensus she got from the neighbors was that they are not opposed to Ms. Barchard having four (4) pets, they are opposed to operating a kennel out of her home. She stated that she is comfortable keeping the issues separate, although the other issues do need to be addressed. Councilor Duarte stated that he would lean toward keeping the issues separate as there is a fine line between assessing the applicant's suitability and leveraging the conditions of two (2) different situations. He stated that these issues remind him of when they tried to help out the disputes occurring at 46 Harrison Street and eventually there was some improvement in that situation. He stated that holding this license up due to those issues would cross a line of using leverage from one situation to hold up another, therefore, he would advocate that they move forward with this license and if they want to address the other issues that the Council refer the matter to a discussion with the Zoning Enforcement Officer at a later date. Councilor Coute state that he would urge the Council to watch the Zoning Board hearing to see the behavior of Mr. Barchard. Councilor Coute stated that they would be doing their due diligence to get feedback from the City officials who have had interaction with the Barchards in order to make a determination that the rules will be followed. Motion was made to continue this hearing until next week and invite the Zoning Enforcement Officer and a representative from the Police Department. On a roll call vote, nine (9) Councilors were present, four (4) Councilors voted in favor (Coute, Pottier, Borges and Dooner), five (5) Councilors were opposed (Postell, Quintal, Sanders, McCaul and Duarte). The motion does not pass. Councilor Sanders stated that he does want to keep these issues separate as he does feel there are issues that need to be dealt with in a separate forum, but he is concerned with the potential for the rules not being followed. Motion was made to grant the petition for the kennel license with the conditions that this is for private use only, no more than four (4) dogs, no breeding of the. dogs, no outside boarding of the dogs and no kennel structure being built on the property without prior approval of the Council, the Animal Control Officer visit the home and report back to the home in ninety (90) days, and installation of the fence as described. So Voted. Councilor Coute voted in opposition. Motion was made to close the hearing and excuse the party. So Voted. Motion was made to recess at 8:49pm. So Voted. Motion was made to go out of the regular order of business to Appointments. So Voted. Appointments: Reappointment of Judith Chambers, 332 Dighton Avenue, Taunton to serve on the Golf Course Commission for a term of one (1) year expiring April 2024. Motion was made to approve. So Voted. On discussion, Councilor Borges stated that on August gth a few appointments were tabled, one of which was Nick Tabak. She inquired whether or not he would be appointed to serve. Mayor O'Connell stated that he is not on the agenda to be  10 appointed this evening. Councilor Borges stated that he was on the agenda on August 8th along with Seth Turner, who is on the agenda this evening, and at that time those appointments were tabled. Councilor Borges confirmed with Mayor O'Connell that Nick Tabak would not be appointed. Reappointment of Warren Offley, 60 Weir Street, Taunton to serve on the Golf Course Commission for a term of three (3) years expiring April 2026. Motion was made to approve. So Voted. Appointment of Seth Turner, 25 Logan Drive, Taunton to serve on the Golf Course Commission to fulfill the unexpired term of Rolland Robillard expiring in July 2024. Motion was made to approve. So Voted. Appointment of John-Paul Thomas, 98 County Street, Taunton to the Airport Commission to fulfill the unexpired term of Craig Foley which expires August 2025. Motion was made to approve. So Voted. Councilor Postell voted in opposition. Motion was made to revert to the regular order of business. So Voted. Hearing: On the petition of Scott Rubin, Esq., 71 Legion Parkway, 3rd Floor, Brockton, MA 02301 on behalf of his client Philip C. Nessralla, Jr., 1063 North Main Street, Brockton, MA 02301 to allow a Special Permit for a 2,100 sq. ft. retail marijuana dispensary at 284R Winthrop Street, Taunton, located in the Highway Business District. Com. from the City Planner stating that the petition will require a Site Plan Review approval. Com. from the Fire Inspector stating that he has reviewed the site plans for the proposed 2100 sq.' ft. retail marijuana dispensary and determined that sufficient fire department access exists. As a matter of public safety, the Taunton Fire Department strongly recommends permanently changing this address to a Joseph Warner Boulevard address as a condition of this approval. Com. from the City Engineer stating that the property was once part of the parcel with the address of 284 Winthrop Street. (CVS Pharmacy). The property was subdivided and this parcel was given the address of 284R Winthrop Street. In an effort to organize the street addresses throughout the City, in conjunction with the Fire Department and Emergency Responders, the address would be more informative if it was changed to 180 Joseph E. Warner Boulevard. The parcel's frontage and main entrance is on Warner Boulevard. There is no objection to the permit, just a preference in an address change. Com. from the Board of Health stating that all applicable Board of Health permits must be obtained prior to approval. Com. from the Water Superintendent stating that the City Water services the existing building on 284R Winthrop Street; DPW permits are required including: City licensed contractor, road opening, and/or trench; the City reserves the right to change these terms and conditions at any time. Motion was made to make all of the above listed communications a part of the record. So Voted. The parties introduced themselves as Scott Faria, Holmgren Engineering, Philip C. Nessralla, Attorney Scott Rubin, Jose Guzman and Sonny Aroustamian. Attorney Rubin stated that the business name is Herbal Logic, LLC and is pleased that there is no opposition by any of the City Departments in the comments. Attorney Rubin stated that his client has no objection to changing the address of the business and that the access point of the business is actually on Joseph Warner Boulevard. Attorney Rubin stated that they are not planning to amend the water service for the building as retail marijuana has very limited water use  11 so they will not be pulling any permits related to any additional water service. Attorney Rubin expressed gratitude to the City Planner and the Building Department for reviewing their application and providing constructive comments. Attorney Rubin explained that Mr. Nessralla is in possession of a Host Community Agreement and has formed a team to get this retail marijuana establishment up and running. Attorney Rubin stated that this establishment will be in a very busy Commercial District and they have provided the Council with a traffic report suggesting that this intersection would not be affected in any way by this particular use as it is a properly signaled intersection. He stated that the establishment is approximately 2,100 sq. ft. with a first floor and a basement, and they are intending to build out both floors. Attorney Rubin stated that he is working with an establishment that is building out an almost identical location in Brockton. Attorney Rubin stated that they will not need to make any substantial modifications to the parking lot as they have sufficient parking as required by the zoning requirements. Attorney Rubin stated that at the recommendation of Mr. Scanlon, they reallocated the entrance to the right side of the building and will be putting handicapped parking closest to this entrance and the delivery entrance will be placed in the rear of the building. Councilor Sanders stated that their letter in the agenda indicates that their Host Community Agreement has expired. Attorney Rubin stated that their Host Community Agreement has not expired yet, but will expire on September 30, 2023. Councilor Sanders asked for clarification from the City Solicitor and the City Clerk. Councilor Duarte stated that he requested the Law Department send him a copy of the executed amendment that extended the original agreement, which was signed on September 20th and executed on September 20th, but the language only extends the commence operations date by a year from what it was in the original agreement, which was August 19, 2022, therefore, the commence operations date was only extended until August 19, 2023. Attorney Rubin stated that he was not sure about that, which is why he had August in his original letter, and then upon review of the executed amendment, it indicated it was effective the date the Mayor had signed it, which was September 30, 2022 and they have placed a letter on file requesting to extend the agreement. Councilor Sanders questioned the City Solicitor on how this impacts their ability to move forward on this request. Attorney Costa stated that underthe requirements of the City Ordinance Chapter 222, no person shall operate a marijuana establishment unless there is a license issued by the Municipal Council, there is an executed Host Community Agreement with the City of Taunton, and all required Special Permits, Site Plan Reviews and Variances required under the City of Taunton Zoning Ordinance have been obtained. Attorney Costa stated that the customary process is that the HCA is in place, and the special permit comes next, and the license is the last part of the process, however, according to the City Ordinance, in order to be eligible for a Special Permit, the HCA does not have to be in place. Councilor Sanders inquired what their current status is with the Cannabis Control Commission and their permitting and licensing process with them. Attorney Rubin stated that they are unable to obtain a provisional license without a properly cited establishment in a city or town. He stated that they could have filed their application, however, the CCC would have requested a certification through the City Solicitor's Office that they are properly located, therefore, it has been his experience that they should wait to obtain the local permits before embarking on that process. He stated that obtaining a provisional license is only taking about sixty (60) days and in his experience the CCC does not tum down a license application as long as they have received a response from the city or town. He stated that they would prefer to start with being granted an extension on the HCA, get the Special Permit and the Site Plan Approval, and then would move to getting their provisional  12 license. Attorney Rubin stated that they held a community outreach meeting in March in anticipation of getting that provisional license filed, however, they had some delays in getting their architectural plans together. Council Sanders questioned the City Solicitor regarding whether the applicant would need to have a Special Permit in order for the City to report to the Cannabis Control Commission that they are properly cited, as he thought an HCA would be sufficient for this. Attorney Costa stated that the question the City usually receives is whether the company is in compliance with the City's requirements, and if they are not operational, then they would answer the question in the affirmative because there are no violations and would only say no if there was an actual violation. Councilor Pottier stated that a previous Council used an expired HCA to deny a license. Attorney Costa stated that this would be valid grounds to deny a license as they are required to have a Special Permit in place in order to obtain the license. Councilor Pottier stated that the applicant submitted a resume, a timeline, product offerings, a security plan, a listing of vehicle policies and buildout costs. Councilor Pottier motioned to make the documents submitted by the applicant a part of the record. So Voted. Mr. Nessralla spoke about the steps he took for another site on Winthrop Street and had almost completed that process and appeared before the Council when a commercial enterprise that was neighboring the site approached him and expressed that he was against the establishment. He stated that he respected the neighbor and backed out of that location. He explained that he viewed other locations for this establishment on Broadway and finally found this property which he feels is ideal. He explained that the mistakes he made during his process were handling a lot of this himself, which is why he engaged Attorney Rubin who has had a wealth of experience in this business. He stated that he specifically remembered a question from Councilor Sanders when he initially appeared before the Council of how long it would take for him to open his establishment, which he told Councilor Sanders approximately six (6) months. He stated that Councilor Sanders reached out to him after that meeting to inform him of how involved this process is. He stated that he regrouped and continued working with Mr. Faria and was introduced to Mr. Guzman. He stated that Mr. Aroustamian has the number one facility in Brockton and is one of the top retailers in the state of Massachusetts. He stated that he is not where he would like to be but he believes that with this team he will be able to achieve what was promised to the Council in the past. Councilor Pottier questioned when the public outreach meeting was held. Attorney Rubin stated that it was held on March 29, 2023 at the Taunton Eagles and no one appeared. Attorney Rubin explained that they have to file with the City Clerk and the Planning Board so the City is aware of the meeting and they send certified mail to the abutters which are provided by the Assessor's Office. Councilor Pottier inquired if it is a full basement or if it is just the base to change the oil. Mr. Guzman stated that it is the sufficient height to meet the building code requirements. Councilor Postell stated that on the timeline the applicant provided, they indicated that they received their HCA on August 19, 2021. Councilor Postell stated there is no mention of the HCA amendment that was approved in their timeline and questioned what the amendment was for. Attorney Rubin stated that it was for an extension of their HCA and is dated September 30, 2022, but approved by the Council on August 30, 2022. Councilor Postell stated that the 30th is a Friday and is questioning how the Council could have approved this as they wouldn't have taken a vote to approve this on a Friday. Councilor Postell confirmed with Attorney Costa that an HCA is not necessarily required in order to obtain a Special Permit. Attorney Costa confirmed that the Ordinance does not state the HCA is required for a Special Permit and that the precedence is what is in the City Ordinance. Councilor Postell stated that the Council has been focused on establishments  13 that have become before the Council having HCA's in place first and that should be the process. He stated that they need to get more clarity on this process as he sees the HCA is expired and now we are discussing a Special Permit. He stated that he does not have an issue with the applicant nor the business, but wants to make sure the process is followed. Councilor Postell questioned the City Clerk as to whether records are kept of community outreach meetings. The City Clerk explained that they are stamped in when they are received, they are posted and a copy is kept in their folder. Councilor Postell questioned whether the amendment was only to extend the HCA an additional year and there were no other changes. Attorney Rubin stated that the amendment extends the HCA until August 19, 2023 and there are no other changes. Councilor Duarte stated that the original date to commence operations was August 19, 2022, the City Council approved a one (1) year extension of that date, which would put it out to August 19, 2023, which was approved by the Municipal Council on August 30, 2022, which was a Tuesday, and Attorney Nessralla signed it in front of a notary on September 20, 2022, and Mayor O'Connell signed it on September 30, 2022. Councilor Duarte stated that as far as he is concerned, the agreement is expired and was a part of the previous Council that voted to deny an HCA when it was expired. He stated that everyone is aware of the expectations for these HCA's and renewing them in a timely manner, however, they have a policy that as long as they have submitted a request for an extension by the date it expires they will hear it. Councilor Duarte stated that Councilor Sanders had questioned the applicant at the previous meeting as to whether they had obtained a provisional license with the State, to which they indicated that they had applied for it, which was not the case. Councilor Duarte spoke about whether or not the CCC will find them properly cited and explained that this question revolves around whether the establishment is located in the proper zoning, and does not see this as an issue that would have prevented an application from being filed with the CCC. Councilor Duarte questioned the City Clerk as to whether she has a copy of the community outreach meeting on file. The City Clerk stated that she will need to check the file to confirm. Councilor Duarte stated that Councilor Borges made a motion on August 29, 2023 in preparation for this hearing as to whether the community outreach meeting transpired, and that the City Clerk did check promptly after that and sent the Council a follow up email stating that she reviewed her records and do not have documentation that the meeting was conducted. Councilor Duarte stated that whether the details of the Ordinance specifically indicate it or not, the practice that has been followed for every applicant consistently is that an HCA is required to be maintained in good standing as they go through to process for a Special Permit and licenses. Councilor Duarte stated that he will be voting present on this Special Permit hearing until the HCA issue is resolved. Councilor Postell stated that he is referencing to the document sent by City Clerk to the Council yesterday at 2:14pm indicating that the First Amendment approved by the Council for this HCA as September 30, 2022. Councilor Postell stated that he just asked the City Clerk if this applicant's community outreach meeting is recorded in the Clerk's Office and now he is being told that they do not have record of it. Attorney Rubin stated that he has a copy of the notice of the meeting stamped in. Councilor Coute stated that he agrees that the precedent that has been set to have a valid HCA before voting on a Special Permit. He stated that the best course of action would be to continue the hearing to further discuss the HCA and get it straightened out in order to keep their process consistent. Councilor Borges stated that although it is not in the ordinance, they need to continue the precedence and get the HCA under control and continue the hearing. Motion was made to continue the hearing to Tuesday, September 19, 2023. So Voted. Motion was made to excuse the parties. So Voted.  14 Communications from City Officers: Com. from the Superintendent of Public Buildings requesting a transfer of $120,600 from Repairs of Public Building HV AC Contracted Service to Repairs of Public Building Payroll Miscellaneous Employees account, due to the company retiring and closing. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from the Assistant Executive Director of Retirement notifying of the retirement for Superannuation of Richard S. Carreiro, Jr., an employee of the Taunton Police Department on December 31, 2023 under the provisions set forth in Section #5 of Chapter 32 of the General Laws of Massachusetts. Motion was made to approve and send the appropriate scroll. So Voted. Com. from the Chief Financial Officer stating that the Finance Department would like the opportunity to have a vote and discussion on M.G.L. Ch. 60 Sec. 3D which is a voluntary donation for the purpose of establishing elderly and disabled taxation fund for the purpose of defraying the real estate taxes of elderly and disabled persons of low income. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from the Building Department notifying of a buyout for Keith Cwiekowski in the amount of $10,029.13. Com. from the Chief Financial Officer stating that due to a vendor bill error the Police Department has asked that they seek permission to pay a prior year invoice for $2,032 to Broadway Quick N' Clean Car Wash Inc. out of Fiscal year 2024. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from the Chairman, Taunton Planning Board stating that the Taunton Planning Board is in receipt of a Site Plan Review for property at 74 Weir Street to allow an addition to an existing one-story building for the construction of a mixed use building with 36 residential units and 1,938 sq. ft. of commercial space, submitted by Denise Asack. The next scheduled meeting for this petition will be on Tuesday, September 26, 2023 at 8:30am in the Taunton Planning Board Office, 141 Oak Street, at which time the application shall be reviewed by the DIRB again on Thursday, October 5, 2023 at 5:30pm at 15 Summer Street, where this petition will be reviewed by the Planning Board. Motion was made to receive and place on file. So Voted. Com. from the Chief Financial Officer stating that the Finance Department is requesting that the City adopt MGL Ch. 60 § 3C which is a City Scholarship or Education Fund. Residents will have the ability to voluntarily contribute to this account. The Mayor will form a Scholarship/Education Committee which will consist of the Superintendent of Schools and four (4) members of the community. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from the Director of Elections stating that he has been asked to weigh in on how the Charter Question will appear on the November 7, 2023 Municipal Election Ballot. He stated that as of this writing, he does not have the full text that will appear on the ballot. Once the ballot is received from the City Solicitor, he will be able to determine if the Question and Summary can fit on the front of the ballot, under the races. This is the ideal  15 setup. Likely, the full text will not fit on the front of the ballot. The most likely scenario is the ballot question and summary will be on the back of the ballot. They will not utilize a separate ballot for this question. As far as the question on the absentee ballot and early voting ballots: There is only one ballot style. Election Day ballots are typically white, while ballots used for alternative methods of voting (in-person early, absentee, vote by mail) have a yellow header. Motion was made to receive and place on file. So Voted. 3:53 Communications from Citizens: Com. from Father Edward Murphy, St. Andrew the Apostle Church, 19 Kilmer Ave., Taunton stating that on Friday, September 15, 2023 at 5:30pm the parishioners of St. Andrew the Apostle Parish will be having a procession starting at the Eagles Soccer Club at 29 Oak Street and processing to St. Andrew the Apostle located at 19 Kilmer Avenue. Motion was made to refer to the Mayor's Office and the Police Department. So Voted. (I'he City Clerk also notified the Fire Department and Ambulance Service). Com. from Jillian Woods, 1106 Cohannet Street, Taunton expressing gratitude to Kevin Garcia of the Taunton Animal Control and Tyler Nichols of the Taunton Police Department for their service during a personal incident. Motion was made to receive and place on file and put this in their personnel files and send a letter of appreciation and invite Kevin Garcia, Office_r Tyler Nichols and Jillian Woods to next Tuesday's meeting to be recognized. So Voted. Mayor O'Connell stated that a letter of appreciation has been sent and placed in their files. On discussion, Councilor Quintal stated that he spoke to Jillian Woods today and she is very grateful and requested that the Council invite Kevin Garcia, Officer Tyler Nichols and Jillian Woods to next Tuesday's meeting to be recognized. Com. from Attorney Scott Rubin, 71 Legion Parkway, 3rd Floor, Brockton, MA on Behalf of his Client Herbal Logic, LLC requesting an 18-month extension of their Host Community Agreement. Motion was made to refer to the Committee of the Council as a Whole for next week. So Voted. Petitions: NONE. Committee Reports: Motion was made for Committee Reports to be read by title and approved. So Voted. Recommendations adopted to reflect the votes as recorded in Committee Reports. So Voted. Orders. Ordinances and Resolutions: NONE. New Business: Councilor Pottier requested to bring up CCC new rules and regulations and their effect on Taunton. Motion was made to refer to the Committee on Ordinances and Enrolled Bills. So Voted.  16 Councilor Pottier requested to bring up Marijuana related businesses licensing procedure and number. Motion was made to refer to the Committee of the Council as a Whole. So Voted. Councilor Pottier brought up extending an invitation to members of the TMLP to attend a Council Meeting to discuss their successes and their plans for the future. Motion was made to refer to the Committee of the Needs of TMLP, invite the TMLP Commission and General Manager to the meeting. On discussion, Councilor Borges requested to add to this motion, item #9 under new business which is to discuss initiatives and item #10 which is to discuss the TMLP's plan to achieve net zero emissions by 2050 as required by state law. So Voted. Councilor Pottier requested to bring up a municipal payment error for a north of Boston community. Motion was made to the Committee on Finance and Salaries. So Voted. Councilor Pottier requested to bring up the intersection of Burt Street and Route 44. Motion was made to refer to the Safety Officer, the Department of Public Works and the MassDOT for a letter explaining what the situation is at that intersection. So Voted. On discussion, Councilor Sanders stated that an Ordinance was recently passed for a stop sign at this intersection. Councilor Pottier stated that the residents are requesting a light at this intersection. Councilor Borges requested a motion to invite the Law Department and HR Director to an Executive Session to discuss 1144B employees without a contract. Councilor Borges withdrew her motion as there is a meeting already scheduled for September 14, 2023. Councilor Borges motioned to refer the Solar Ray RFP to the Inspector General for the review of the RFP process. On discussion, Councilor Borges stated that her motion stems from the recent conversations regarding the RFP and was hoping to have the full support of the Council in sending a letter to the Inspector General with a letter from the Council. Mayor O'Connell stated that their team of professionals have followed all of the City's procurement process and the State law's procurement process and that this has been a very transparent process. Councilor Coute stated that he would strongly urge voting against this as it calls the integrity of the Finance Team into question. Councilor Duarte stated that at last week's meeting, the Chief Procurement Officer, who only began with the City after the RFP was executed, stated that he went back and reviewed all of the documentation associated with this procurement and found it to be in order. Councilor Sanders stated he recalls the Aeries Gasification RFP process which got the attention of the Inspector General's Office, therefore, if there is any possibility that the Inspector General would have any feedback on the process this time, it would make sense to get that information earlier then later. Mayor O'Connell stated that they have many RFP's and sending them all to the Inspector General's Office wouldn't be advisable. On a roll call vote, nine (9) Councilors were present, four (4) Councilors voted in favor (Borges, McCaul, Sanders and Quintal), and five (5) Councilors voted in opposition (Dooner, Duarte, Pottier, Coute and Postell). The motion does not pass. Councilor Borges requested a motion to refer the Zoning Ordinance to the Committee on Ordinances and Enrolled Bills for a discussion and invite Kevin Scanlon. On discussion, Councilor Coute stated that he spoke to Councilor Borges and would request that they  17 focus on the specific concerns and obtain a letter from Kevin Scanlon regarding the items that need to be addressed. Councilor Borges stated that the Ordinance regarding reader board signs is outdated and does not make sense with today's technology. Councilor Borges stated that she had a discussion with Mr. Scanlon regarding the potential need for different items in the Ordinance to be updated, therefore, they would look at the entire Zoning Ordinance. Councilor Sanders requested that Mr. Scanlon provide specifics as to what should be placed on this Committee's agenda regarding this topic before it is scheduled. Motion was made to refer the Zoning Ordinance to the Committee on Ordinances and Enrolled Bills and obtain a letter from the City Planner related to this issues that he has determined need to be updated. So Voted. Councilor Coute motioned to refer to next week's agenda for a discussion regarding 120 Christine Lane, Taunton and the issues that the neighbors are having with this property. So Voted. Meeting adjourned at 10:11 P.M. List of Documents and Other Exhibits • Agenda Kennel License Hearing • Letter from Larry Wallace • Letter from Heather and Gerard Boehme III Special Permit Hearing • Community Outreach Meeting Notice • HCA • Resume • Timeline • Product Offerings • Security Plans • List of Vehicle Policies • Buildout Costs A true copy: Attest: JLL/MAF  18 F:ECE!YEO City of Taunton CIT f CL[f?t'\'S OFFICE Municipal Council September 12, 2023 2023 SEP IS A 8: 21 The Committee on Finance and Salaries TA.UHTON. HA -· ________ C:iTY 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 Phillip Duarte, Chairman Councilor David Pottier Councilor John Mc Caul Also Present: Patrick Delio Russo, CFO Christine Clymens, Treasurer/Collector Ally Rodriguez, Director of Veterans Services Julie Venerus, Assistant Treasurer/Collector Ian Fortes, City Auditor The meeting was called to order at 5:35 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, 690, 144. 86. So voted. Motion by Mr. Pottier and seconded by Mr. McCaul to approve the accounts payable warrant in the amount o/$8,646,422.83. So voted. 2. Meet to discuss the request 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 by Mr. Pottier and seconded by Mr. McCaul to invite in the interested parties. So voted. Mr. Delio Russo explained that adopting this section of law will allow for a donation option on tax bills which will go into this fund. Ms. Rodriguez explained that there are veterans who are homeless or suffer the cliff effect where they make too much money to receive government assistance but still can't make ends meet. This fund will allow for direct assistance to veterans. Ms. Clymens explained that there will be a box to check online or on the insert with the tax bill. This will be available with both paper payments and online payments. Mr. Dello Russo further explained that this will allow for the solicitation of funds.  19 Mr. Duarte asked if this would be included with property tax or excise or both. Ms. Clymens confirmed it would be with everything. Mr. McCaul thought that this sounds like a great idea and asked about the success rate in other communities. Ms. Rodriguez indicated that this has been implemented in other communities such as Easton, Bridgewater, and North Andover. She can report back on the success rate. Mr. Pottier shared asked about the logistics of payment and Ms. Clymens explained that they will be requesting that donors send a separate check payable to the assistance fund. They can also pay online. Mr. Pottier further asked if this would be tax deductible and Mr. Della Russo suggested donors consult with their tax attorney or CPA. Mr. Pottier suggested that they try to get an answer to that. Mr. Della Russo stated that Ms. Rodriguez and her team will need to establish rules and regulations controlling this program. They will come back to the Council and go over the established parameters. Mi. Pottier asked ifthe 3% charge for credit card payments would apply and Ms. Clymens confirmed that the 2.95% charge would apply. Mr. Sanders indicated that he believes the tax deductible question should be investigated and perhaps include words such as "may not be tax deductible". He asked ifthere are other similar programs that the state would allow the City to opt into. Mr. Della Russo explained ,that there are two letters on the agenda this evening to be referred to Finance and Salaries that are just that. One is for seniors and elderly individuals and the other is for students and adults with literacy issues. These will require committees to be established. Ms. Borges brought up the senior trash bag program where there are some seniors who do not qualify but could use the assistance. Mr. Dello Russo stated that the Mayor's Helping Hand Fund will be looking at this and will be on the agenda for next week. Motion by Mr. McCaul and seconded by Mr. Pottier to recommend to the full council that M G.L. Ch. 60 §3F be adopted So voted. Motion by Mr. Pottier and seconded by Mr. McCaul to excuse the parties with thanks. So voted. 3. Meet for a discussion on stipends for boards, committees, and commissions. Mr. Pottier explained that some stipends haven't been looked at or updated in a long time and some receive no stipend. He suggested looking at each stipend based on the frequency of the board's meetings relative to the Council's. He would like information on the volume of meetings for each board, whether they are appointed or elected, who appoints them (City or State), how many members, and if there are City officials. Further, the impact to the budget will need to be reviewed. Mr. Dello Russo suggested that the Council will need to determine ifthere is a value to being elected vs. appointed and set the overall goal. Committee on Finance and Salaries September 12, 2023 Page2of3  20 It was clarified that the current stipend chart is found in Ordinance Chapter 105. Motion by Mr. Pottier and seconded by Mr. McCaul to adjourn at 6:02 PM So voted. List o{Documents and Other Exhibits Used: Payroll Warrant #41 Bill Invoice Warrant #40 Letter from Patrick Della Russo dated August 31, 2023 Ordinance Chapter 105 - Personnel - Stipend Chart List of uncompensated boards, committees, and commissions CITY OF TAUNTON Respectfully submitted, SEP 12 2023 ' IN MUNICIPAL COUNCIL Mag. Clerk of Council Committees REPORTSACCEPTED. RECOMMENDATIONSADOPTED. ~If~ Committee on Finance and Salaries September 12, 2023 Page3of3  21 City of Taunton RECEiVED Ci TY C!.FFK 'S OFFICE Municipal Council September 12, 2023 2023 SEP I S A 8: 21 The Committee on the Department of Public Works Tt..UNTON. M.6. The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, -:rvr.A:-027801.H 1th~ CLEF: K 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: Amy Kazlauskas, Director of Human Resources David Enos, Sealer of Weights and Measures Anthony Abreau, Assistant DPW Commissioner The meeting was called to order at 6:04 PM. 1. Meet to discuss the approval of the candidate for the position of Sealer of Weights and Measures. The Clerk of Committees read a letter from Commissioner Comaglia recommending Craig Barter for the position of Sealer of Weights and Measures. Motion by Mr. Coute and seconded by Mr. Postell to make the letter part of the record So voted. Motion by Mr. Coute and seconded by Mr. Quintal to invite the DPW staff in. So voted. Mr. Abreau explained that they had interviewed candidates and recommend Craig Barter. Mr. Enos stated that he has been the Sealer with the City for over 25 years. There previously was a deputy sealer who resigned. Now, he was promoted at his fulltime job and now doesn't have time for the sealer position. This is a full time position. It was posted, there were 10 applicants, 4 were interviewed and one withdrew. The first round of interviews were with Mr. Enos, HR, and Mr. Abreau. The second round was with Mr. Comaglia. Motion by Mr. Quintal and seconded by Mr. Postell to approve Mr. Barter.  22 Mr. Postell asked Mr. Enos ifhe is comfortable with the selection and Mr. Enos confirmed. He stated that Mr. Barter has started getting training. Mr. Coute asked ifthere will be any overlap and Mr. Enos stated that he will be on for a short period of time and will be checking in with Mr. Barter. Mr. Sanders asked ifthe City might pursue credentialing for other personnel. Mr. Enos explained that the state only allows this for those who have been appointed. Mr. Pottier asked for some details on the work of the Sealer of Weights and Measures. Mr. Enos explained that every device must be certified once a year. They also do spot checks. So voted. Motion by Mr. Coute and seconded by Mr. Postell to excuse the parties and adjourn at 6:20 PM So voted. List o(Documents and Other Exhibits Used: Letter from DPW Commissioner Fred Comaglia dated 8/16/23 CITY OF TAUNTON Respectfully submitted, SEP 12 , 2023 IN MUNICIPAL COUNCIL ~[.·~ Maggie E. Clarke Clerk of Council Committees RE ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ITYC ERK'!~ Committee on the DPW September 12, 2023 Page2of2  23 RECEIVED City of Taunton CIT'i' CLFr~K 'S OFFICE Municipal Council September 12, 2023 2023 SEP I S A 8: 21 The Committee on Ordinances and Enrolled Bills Tt,UNTON. MA . was h eId at Taunton City The meetrng . Ha11, 15 Summer Street, Taunton, '1\-x-x---o--181/\- ivlft 2 •Vint Cl'h"ye CLERK Chester R. Martin Municipal Council Chambers. Members Present: Councilor Barry Sanders, Chairman Councilor John McCaul Councilor Kelly Dooner Christopher Costa, Plumbing and Gas Inspector Kevin Duquette, Environmental Enforcement Officer, Board of Health Adam Vickstrom, Assistant Director, Board of Health Joe Federico, BETA Group, Sewer Consultant Tony Abreau, DPW Assistant Commissioner Amy Kazlauskas, Human Resources Director Lisa Bond, Assistant City Solicitor The meeting was called to order at 6:22 PM. 1. Meet for a discussion on having the Plumbing Inspector present for all DIRB meetings. Motion by Mr. McCaul and seconded by Ms. Dooner to invite the parties in. So voted. Ms. Borges explained that there have been issues with certain petitions and they thought that ifthe plumbing inspector were present this might have prevented some of the issues that occurred. However, she's concluded that it's probably not particularly beneficial for him to be at every meeting. She would like to see all department heads, however, respond to communications from Mr. Scanlon. She referenced the rest of the agenda this evening and indicated that many restaurants have had to go through many hoops for grease traps. She thinks that it is time to revisit these rules. Some businesses are required to install two grease traps when that is really not necessary. Mr. Coute indicated that he doesn't think this is needed for residential projects but it would be helpful for some commercial jobs. He does not believe this has been an issue, however, since the plumbing inspector generally attends or is available for questions. Motion by Ms. Dooner and seconded with Mr. Mc Caul to dispense of the matter and remove from the agenda. So voted.  24 2. Meet to discuss ordinance change for grease interceptors. Mr. Sanders asked for some background on this issue and said that it seems everyone needs to have grease interceptors. Mr. Vickstrom stated that the Board of Health works with the DPW. Every restaurant needs a grease trap at the sink and an exterior trap. Alternatively, they can seek a variance and install a secondary. Mr. Abreau explained that some businesses where not much grease is generated can receive a variance. However, if much grease is generated, a trap is required. He referenced a 2006 consent order from the state as well as an administrative federal order. He stressed that the goal is to keep grease out of the sewer lines. Mr. Sanders asked for information on obtaining a variance. It was explained that the applicant would go to the Board of Health who would ask them to send a letter to the DPW. Mr. McCaul asked about food trucks. Mr. Abreau stated that as long as they are not tied into the sewer, his department is not involved. Mr. Federico referred to the NPDES permit from the EPA and Mass DEP that spells out the discharge limit. He explained how grease builds up in the sewer system and that there is significant money spent on maintenance. Grease can clog a pipe in the street. Mr. Costa explained that in certain instances, a second containment is not really necessary or there are other options. He has some proposed changes and stressed that the plumbing code will be changing. When the new code is adopted, this may be in conflict with current ordinance. His proposal would categorize businesses based on their grease production level. Mr. Costa has come up definitions for low, medium, and high grease producers. He would like to consider other ways to remove grease for smaller businesses. He suggested that they all work together, DPW, Board of Health, and himself, to come up with some plans going forward. Mr. Abreau stressed the importance of staying within the state and federal guidelines to avoid any sort of fines. Ms. Dooner asked how long on average people wait for a variance. Mr. Abreau indicated it is usually just a couple of days. The process usually begins with the Board of Health and then a letter is submitted to the DPW. Mr. Sanders asked about the plumbing inspector's authority ten feet off a building. Mr. Costa stated that an external grease trap is a dedicated system so is under his authority. Ms. Borges suggested that she would like to have them back in 45 days and give a report. She asked about how applications for variances are evaluated. Mr. Abreau indicated it is based on size restraints and the type of food being prepared. He talked about other options such as the "trapzilla". Ms. Borges asked if the Council could be emailed a copy of the variance form. Mr. Coute explained his personal experience where he's installed 4 grease traps and 2 trapzillas. 99.9% of his work was with Mr. Costa. He believes that the person who handles 99.9% of these issues (inspections, review, sizing) should have some authority over the matter per ordinance. As long as the result is that the same amount of grease is removed they Committee on Ordinances and Enrolled Bills September 12, 2023 Page 2 of4  25 can make it easier for n~w businesses. Mr. Costa stressed that there are sometimes other options as alternatives to the secondary external grease trap such as 50-75% larger traps or grease removal systems. He suggested three tiers based on the amount of grease produced. Mr. Pottier asked for more information about food trucks. Mr. Abreau indicated that there is one example where the truck tapped into the sewer line. Mr. Pottier suggested that this committee bring up a discussion on brick and mortar vs. food truck requirements. Mr. Duquette suggested that this is an unusual program that crosses over multiple departments. The goal is to protect the sewer. Ms. Borges asked what food trucks do with their grease. Mr. Duquette explained that they use a commissary. Ms. Dooner suggested they work with the Law Department but Mr. Sanders suggested this could be down the road once the plumbing code is finally adopted. Motion by Ms. Dooner and seconded by Mr. McCaul to table for 45 days and have the parties continue their discussions and come back to the Committee. So voted. 3. Meet to discuss ordinance change for gas and oil separators/interceptors. Mr. Costa explained that the regulations are based on old plumbing code and require an oil separator for any commercial building with an opening large enough for a vehicle. Motion by Mr. McCaul and seconded by Ms. Dooner to have the group come together, suggest some changes, and come back in 45 days. So voted. 4. Meet to discuss revision of back water valve ordinance. Mr. Costa explained that there is language in the ordinance that is in conflict with the plumbing code. Additionally, he suggested that part of the ordinance has not been enforced whereby a correction should be made upon the sale or transfer of a property. Basically it is only being done for new construction which is a violation of the plumbing code. He believes that the plumbing code should handle this issue. Motion by Ms. Dooner and seconded by Mr. McCaul to table the discussion on back water valve ordinances for 45 days. So voted. Motion by Ms. Dooner and seconded by Mr. McCaul to dismiss the parties. So voted. 5. Meet to discuss amending or repealing ordinance requiring pre-employment physicals. Committee on Ordinances and Enrolled Bills September 12, 2023 Page 3 of4  26 Ms. Kazlauskas indicated that the current Ordinance which requires pre-employment physicals is antiquated, there may be violations involved, and costs the City money. She stressed that the City cannot deny someone from being hired because of their physical. Mr. Sanders asked if there is anything that would show up on a physical that would be a disqualifying physical condition. Mr. Kazlauskas indicated that there is not. Ms. Kazlauskas stated that this does not apply to civil service and only applies to civilian employees. Mr. Sanders read a draft from Attorney Bond. Motion by Ms. Dooner and seconded by Mr. McCaul to refer to the Full Council for a first reading. So voted. Motion by Ms. Dooner and seconded Mr. McCaul to adjourn the meeting at 7:16 PM So voted. List of Documents and Other Exhibits Used: Draft - An Ordinance Repealing the Ordinance Regarding Physical Examination Respectfully submitted, CITY OF TAUNTON ~f.~ SEP 12 2023 Maggie E. Clarke Clerk of Council Committees IN MUNICIPAL COUNCIL REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ITYCE RK >{ ~ Committee on Ordinances and Enrolled Bills September 12, 2023 Page4 of4