City Council

City of rraunton :M.unicipa{Council:M.eeting :M.inutes City Jfa{{, 15 Summer Street, rraunton, 5l{jI In tne Cnester ~ :M.artin :M.unicipa{Counci{ Cnam6ers :M.inutes, 1Vovem6er6, 2023 at 7:53 O'cCock.ft.:M.. <PCed'ge of)lCkgiance <J?.#guCar ~eeting ~ayor Snaunna £. 0 Conne[[presitfing 1 <Prayer was offerea 6y tne ~ayor <Present at ro[[ ca[[were: Councifors (])ooner, (])uarte, <Pottier, Coute, Sanders, Quinta{ ana <Poste[[ Councifors (]3orges ana ~cCauC were a6sent. Record of October 31, 2023 meeting was read by title and approved. So Voted. Opportunity for input by the general public. David Arruda, 11 Alger Avenue, Taunton stated that every weekend for the last four (4) years the restaurant located at 4 Alger Avenue in Taunton has consistently violated the noise ordinance. He stated that he calls the authorities to make a complaint and the officers that come out indicate that there is nothing they can do due to the establishment having a permit. He stated that he has a signed petition from ten (10) residents in the area with the same concerns. Motion was made to refer this matter to the Committee on Police and License and the Police Chief. So Voted. Hearing: Hearing to discuss the possible revocation of the Tow Service Contract between the City of Taunton and Scott Souza, Tony's Auto Wrecking located at 303 Broadway, Taunton under Section 2 of said contract. Motion was made to open the hearing. So Voted. Mayor O'Connell invited the interested parties into the enclosure. Corn. from the Police Chief stating that Under Section 2 of the Tow Service Contract with Tony's Auto Wrecking, he has suspended their ability to tow for the Taunton Police Department pending a hearing with the Municipal Council seeking to revoke the contract under Section 2. This decision is based upon many violations of the contract as articulated to him by Detective Sergeant Joseph Balrnain, most of which are identified in the attached suspension letter. As such, he is requesting a hearing on this matter. Corn. from the Police Chief addressed to Mr. Souza stating that he is suspending him under Section 2 of the current towing contract and recommending that the Municipal Council terminate said agreement. He is in violation of several of the provisions of the contract, to include Section 5, Tow Fee, Section. According to an inspection by Detective Sergeant Joseph Balrnain, the following discrepancies were identified: Specifications: Section 13 (a) one truck with a crane capable of lifting five (5) tons. They do not have such a vehicle.  2 Section 13 (a) one wheel lift truck. They do have such a vehicle. Contract: Section 5 requires them to pay the City within 30 days of service. They are over three months behind. Section 13, Records, require them to maintain a tow log. They have not. Section 14. Compliance with the Law. One of the requirements to operate a motor vehicle in Massachusetts is an active Driver's License. They have been in violation of this requirement. Section 14, Compliance with the Law, Failure to inspect motor vehicle as required by state law. Section 22. Compliance with Tax Law, Failure to produce updated/current insurance policy. Rear fence impound lot is down. Exhibit A Agreement for Towing and Storage of Motor Vehicles is attached. Section 2 is outlined which states that the term of the agreement will be for three (3) years commencing on October 1, 2022 and extending through September 30, 2025. If the Chief of Police determines that the Contractor is at any time in default of this Agreement or the terms of the Specifications, or has failed to comply with all applicable statutes, ordinances and regulations, the Chief of Police may suspend Contractor for a period of up to ten (10) days by providing a written notice of said suspension, specifying the reasons therefore. If the Chief of Police feels that the contract should be terminated, he may suspend the Contractor in accordance with this paragraph and forward that information, in writing, to the Municipal Council with a copy to the Contractor. The Municipal Council, may in its sole discretion, and after a hearing, terminate this Agreement should it find good cause to do so. Motion was made to make the above listed communications a part of the record. So Voted. Detective Sergeant Joseph Balmain stated that he received a communication that the hearing will not be taking place today. Councilor Sanders stated that the Councilors also received a communication requesting that the matter be continued until November 28, 2023. Motion was made to grant the request to continue the hearing until November 28, 2023. So Voted. Motion was made to excuse the parties. So Voted. Communications from the Mayor: Mayor O'Connell stated that Election Day is November 7, 2023. Polls will be open from 7:00am until 8:00pm. Ifresidents are unsure of their polling location, they can check with the Taunton Elections Department website for a list of all polling locations or call their office. Mayor O'Connell stated that City Hall will close at noontime on Thursday, November 9, 2023 and will be closed on Friday, November 10, 2023 in observance of Veterans Day. Mayor O'Connell stated that there will be a Veterans Day Pancake Breakfast, which is a memorial marker fundraiser, which will be held on Saturday, November 11, 2023 from 8:00am until 11 :OOam at the Ward Five. Tickets are $8 for those six years of age and older, $5 for three to five years of age, and children two years of age and under are free. Appointments: NONE. Communications from City Officers: Com. from the Safety Officer regarding concerns with the parking in the area of Turner Street and the limited parking that is available for Massasoit State Park. He is requesting that an ordinance be created to restrict parking on both sides of Turner Street from 13 Turner Street to 126 Turner Street. Motion was made to refer to the Committee on Ordinances and Enrolled Bills and to the Mayor's Office to communicate with the  3 relevant state agency regarding the parking situation in their own lot. So Voted. On discussion, Councilor Sanders requested that the Mayor's Office communicate with the relevant state agency about the parking situation in their own lot. Com. from the Safety Officer regarding concerns with the intersection of Fremont Street and Tremont Street. He is requesting an ordinance for a stop sign at the intersection of Fremont Street and Tremont Street. Motion was made to refer to the Committee on Ordinances and Enrolled Bills. So Voted. Com. from the Safety Officer regarding a motion made by Councilor Postell at the October 3, 2023 meeting regarding the area of Whittenton Street and Washington Street for a crash collision report as well as measures to increase safety. He stated that the intersection has a low crash history volume and does not believe any changes need to be made at this time. Motion was made to refer to the Committee on Police and License and the Police Chief for further discussion. So Voted. Communications from Citizens: NONE. 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 today's Committee Reports. So Voted. Councilor Pottier stated that the Committee on Police and License met on Thursday to conduct interviews and requested to defer to Councilor Postell on this Committee. Councilor Postell stated that the Committee on Police and License met on Thursday, November 2, 2023 at City Hall to conduct interviews for police positions with the Taunton Police Department. He stated during the meeting, a total of nine (9) candidates were interviewed. On June 6, 2023 the Council approved five (5) positions. He stated there is a request due to a need for an additional two (2) positions, for a total of seven (7) positions. Motion was made to refer to the Mayor's Office to increase the number of candidates for police officers from five (5) to seven (7) candidates, subject to the allocation of appropriate funds. So Voted. During the meeting, out of the nine (9) candidates, seven (7) names were put forward: Joshua McCarthy, James Harding, Jesue Pires Lopes, Jose Colon, Nicholas Bagge, Rude Elson Andrade and Chesed Turenne. Motion was made to refer these candidates forward to: 1) Passing an Initial Hiring Physical Examination approved by the Personnel Administrator ("Administrator) of the Human Resource Division within the executive office of administration and finance of the Commonwealth 2) Passing a psychological pre-screening 3) Passing of the Physical Agilities Test required by the Administrator 4) Successful completion of a Municipal Police Officer Course or approved equivalent, approved by the Massachusetts Police Training Committee ("MPTC"); as well as any prerequisites to include Taunton Police Department and MPTC entrance physical fitness test 5) Certification by the Massachusetts Police Officer Standards and Training Commission 6) Completion of the Taunton Police Department Field Training Program 7) Any other requirements ordered by the Chief of Police. On a roll call vote, seven (7) Councilors were present, seven (7)  4 Councilors voted to approve list as read. Councilors McCaul and Borges were absent. So Voted. Unfinished Business: NONE. Orders, Ordinances and Resolutions: NONE. New Business: NONE. List o[Documents and Other Exhibits: • Agenda • Petition submitted by David Arruda Meeting adjourned at 8:09 AM. A true copy: Attest ~ V( I/ CJi'y Clerk {tr · JLL/MAF II v  5 RECEIVED City of Taunton CITY CLEHK 'S OFFICE Municipal Council November 2, 2023 ZOZ3 NOV - 3 A II: 4Lt The Committee on Police and License TAUNTON. MA _____ CITY CLEHK The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Silver City Conference Room. Members Present: Councilor Jeffrey Postell, Chairman Councilor Barry Sanders Councilor Estele Borges Also present: Chief Edward Walsh Detective Sergeant Joseph Marques Detective Captain Daniel McCabe Councilor David Pottier Joshua T. McCarthy, Police Candidate· Joseph E. Schnupp III, Police Candidate James R. Harding, Police Candidate J esue P. Lopes, Police Candidate Jose B. Colon III, Police Candidate Nicholas M. Bagge, Police Candidate Rude E. Andrade, Police Candidate Chessed Turenne, Police Candidate Brady E. Nichols, Police Candidate The meeting was called to order at 6:10 PM. 1. Meet to interview police candidates. Mr. Postell explained that there were nine candidates being interviewed for, likely, six positions. Candidates Joshua McCarthy, Joseph Schnupp, James Harding, Jesue Lopes, Jose Colon, Nicholas Bagge, Rude Andrade, Chessed Turenne, and Brady Nichols were interviewed by members of the Committee. Councilors Postell, Borges, and Sanders asked questions of each about their experience and background. Joshua McCarthy has lived in Taunton for three years. He is a full time dispatcher in Lakeville. Prior to that he worked as a call firefighter in Lakeville. Joseph Schnupp served 13 years in the military and worked for 10 years with the Department of Corrections.  6 James Harding grew up in East Taunton and has military experience. Jesue Lopes was born in Cape Verde and attended Taunton High School before joining the military. Jose Colon has served four years in the military and currently works at Planet Fitness. Nicholas Bagge is active duty in the Air Force and holds an internship at TCP Boston. Rude Andrade was born in Cape Verde and moved here in 2006. He moved to Taunton in 2018 when he purchased a home. He currently works at Computershare as the facilities administrator. Chessed Turenne is of Haitian descent but has lived in Taunton for 11 years. He has held several different jobs including as a nursing assistant. Brady Nichols was born in Taunton and attended Taunton Public Schools. He played sports and has volunteered in the community. The Committee went through the candidates on the list one by one. Motion by Ms. Borges and seconded by Mr. Sanders to move Joshua McCarthy forward So voted. Motion by Mr. Sanders and seconded by Ms. Borges to bypass Joseph Schnupp. So voted. Motion by Ms. Borges and seconded by Mr. Sanders to move James Harding forward. Councilors Borges and Sanders voted yes. Councilor Postell voted no. So voted, 2-1. Motion by Ms. Borges and seconded by Mr. Sanders to move Jesue Lopes forward. So voted. Motion by Ms. Borges and seconded by Mr. Postell to bypass Jose Colon. After discussion, the motion was withdrawn. Motion by Ms. Borges and seconded by Mr. Sanders to move Jose Colon forward. So voted. Motion by Mr. Sanders and seconded by Ms. Borges to more Nicholas Bagge forward. So voted. Motion by Ms. Borges and seconded by Mr. Sanders to move Rude Andrade forward. So voted. Motion by Ms. Borges and seconded by Mr. Sanders to bypass Jessica Waitz on residency. So voted. Committee on Police and License November 2, 2023 Page2of3  7 Motion by Ms. Borges and seconded by Mr. Sanders to move Chessed Turenne forward. So voted. No action was taken on candidate Brady Nichols. Motion by Ms. Borges and seconded by Mr. Sanders to recommend to the full Council to make conditional offers of appointment as police officers, subject to the conditions outlined in the letter from Chief Walsh, to the following candidates to Joshua T McCarthy, James R. Harding, Jesue P. Lopes, Jose B. Colon III, Nicholas M Bagge, Rude E. Andrade, and Chessed Turenne. So voted. Motion by Mr. Sanders and seconded by Ms. Borges to adjourn the meeting at 9:52 PM So voted. List o(Documents and Other Exhibits Used: Employment Packet - Joshua McCarthy Employment Packet - Joseph Schnupp Employment Packet - James Harding Employment Packet - Jesue Lopes Employment Packet - Jose Colon Employment Packet - Nicholas Bagge Employment Packet - Rude Andrade Employment Packet - Chessed Turenne Employment Packet - Brady Nichols CITY OF TAUNTON Respectfully submitted, NOV O6 2023 IN MUNICIPAL COUNCIL ~r-~ Maggie E. Clarke Clerk of Council Committees Councilor Postell stated that the Committee on Police and License met on Thursday, November 2, 2023 at City Hall to conduct interviews for police positions with the Taunton Police Department. He stated during the meeting, a total of nine (9) candidates were interviewed. On June 6, 2023 the Council approved five (5) positions. He stated there is a request due to a need for an additional two (2) positions, for a total of seven (7) positions. Motion was made to refer to the Mayor's Office to increase the number of candidates for police officers from five (5) to seven (7) candidates, subject to the allocation of appropriate funds. So Voted. During the meeting, out of the nine (9) candidates, seven (7) names were put forward: Joshua McCarthy, James Harding, Jesue Pires Lopes, Jose Colon, Nicholas Bagge, Rude Elson Andrade and Chesed Turenne. Motion was made to refer these candidates forward to: 1) Passing an Initial Hiring Physical Examination approved by the Personnel Administrator ("Administrator) of the Human Resource Division within the executive office of administration and finance of the Commonwealth 2) Passing a psychological pre-screening 3) Passing of the Physical Agilities Test required by the Administrator 4) Successful completion of a Municipal Police Officer Course or approved equivalent, approved by the Massachusetts Police Training Committee ("MPTC"); as well as any prerequisites to include Taunton Police Department and MPTC entrance physical fitness test 5) Certification by the Massachusetts Police Officer Standards and Training Commission 6) Completion of the Taunton Police Department Field Training Program 7) Any other requirements ordered by the Chief of Police. On a roll call vote, seven (7) Councilors were present, seven (7) Councilors voted to approve list as read. Councilors McCaul and Bo ges were absent So Voted. Committee on Police and License November 2, 2023 . Page 5 of3 nnifer L er, Ci  8 City of Taunton Municipal Council November 6, 2023 The Committee on Finance and Salaries 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 1 CJ ~ --! Members Absent: Councilor John McCaul I ........ )> :z: -< ("):::u I I CJ c z: -1 c::> ..::: I r!'l Pl() ~'.3 _J The meeting was called to order at 7:31 AM. -i 0 z c.n< -< -0 of11 ('"') r- ri ~ ):> .. .,, -.,0 (.} 1. Approve the minutes from October 31, 2023. ;n w ::::i;: __. rrt Motion by Mr. Pottier and seconded by Mr. Duarte to approve. So voted. 2. Meet to review the weekly vouchers and payroll for City departments. Councilor Duarte read a letter from the City Auditor requesting that the payroll be approved in absentia. Motion by Mr. Pottier and seconded by Mr. Duarte to approve the payroll warrant in absentia. So voted. Motion by Mr. Pottier and seconded by Mr. Duarte to approve the accounts payable warrant in the amounto/$1,448,145.16. So voted. Motion by Mr. Pottier and seconded by Mr. Duarte to adjourn at 7:32 AM So voted. List ofDocuments and Other Exhibits Used: The Committee on Finance and Salaries Meeting Minutes from 10/31/23 Memo from Ian Fortes dated 11/6/23 regarding absentia payroll Bill Invoice Warrant #72 List of items over $100,000  9 CITY OF TAUNTON NOV O6 2023 Respectfully submitted, IN MUNICIPAL COUNCIL )~E'.~ Maggie E. Clarke Clerk of Council Committees ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. Committee on Finance and Salaries November 6, 2023 Page2 of2  10 City of Taunton Municipal Council November 6, 2023 I ~ :: The Committee on Police and License \\ ~- ~ c:::> ~rrrl ::D c: <= rio The meeting was held at Taunton City Hall, 15 Summer Street, Taunton,¥A.~278Q.in th~'; Chester R. Martin Municipal Council Chambers. :1 ~ ""() (./) ~ n ::t: ~o r ~ '...,, Members Present: Councilor Jeffrey Postell, Chairman r1 •• cf) :Al w rn Councilor Barry Sanders :;:s;: -' Members Absent: Councilor Estele Borges Also present: Detective William Rutherford Detective Sergeant Joseph Balmain The meeting was called to order at 7:37 AM. 1. Approve minutes from September 19, 2023 and November 2, 2023. Motion by Mr. Sanders, seconded by Mr. Postell to approve. So voted. 2. Meet to discuss the following petitions for renewal of Hours of Operation Licenses: a. Speedway LLC dba Speedway #2432 located at 943 County Street to stay open 24 hours, 7 days a week b. Red Shift Donuts, Inc. dba Dunkin Donuts located at 5 Washington Street to stay open 24 hours, 7 days a week Motion by Mr. Sanders, seconded by Mr. Postell to invite in Detective Rutherford So voted. Detective Rutherford reported that there are no issues with either of these applicants. Motion by Mr. Sanders, seconded by Mr. Postell to approve both items a and b. So voted.· 3. Meet for the continued discussion on tow truck companies cleaning streets and surrounding areas after responding to an accident scene. Motion by Mr. Sanders, seconded by Mr. Postell to invite in Sergeant Balmain. So voted.  11 Detective Sergeant Balmain reported that he had received no complaints since the last meeting. He spoke to all the tow companies about cleaning and completed inspections where he checked for proper equipment. Of the six companies, four had everything that they needed. The biggest issues were with Tony's Towing. He had asked to see insurance policies of each company when he was onsite and everyone was OK except for Tony's who said that it would be provided later. He requested to see the tow logs of each company and everyone was able to produce this except for Tony's. Mr. Balmain also reported that the fencing was down at Tony's yard but he has been told that has been corrected. There are some issues with the fencing at Armand's but those issues existed when the contract was signed. Both Tony's and Armand's had issues with their inspection stickers. Tony's also owed back fees at that time. Motion by Mr. Sanders and seconded by Mr. Postell to make the reports part ofthe record So voted. Mr. Postell stressed that this was not an effort to target tow companies but, rather, an attempt to safeguard the City since these are contracted services. Mr. Sanders said that it sounds like there could be some tightening up of our own procedures and some contract language may not be as important now as it was when written. Mr. Balmain indicated that with the next round of contracts, he suggests better inspections and some different language in the contracts. Motion by Mr. Sanders and seconded by Mr. Postell that the Law Department provide the Police and License Committee with copies ofthe tow contracts in three weeks. So voted. Motion by Mr. Sanders and seconded by Mr. Postell to dismiss the party and to adjourn the meeting at 7:50 AM So voted. List o(Documents and Other Exhibits Used: Committee on Police and License meeting minutes from 9/19/23 Committee on Police and License meeting minutes from 11/2/23 Petition for Hours of Operation License for Speedway LLC dba Speedway #2432 Petition for Hours of Operation License for Red Shift Donuts, Inc. dba Dunkin Donuts CITY OF TAUNTON NOV O6 2023 Respectfully submitted, IN MUNICIPAL COUNCIL ~C.~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. Committee on Police and License ~A/""(Df'r[J---- ~ November 6, 2023 Pagel of2