City Council

City of <Taunton :M.unicipa{Council :M.eeting :M.inutes City 1fa{{, 15 Summer Street, <Taunton, :M.)I In the Chester~ :M.artin :M.unicipa{Counci{ Cham6ers :M.inutes, January 23, 2024 at 7:06 O'cCoc~,CP.:M.. CJ'Cetfge ofJUCegiance <R§guCar :M.eeting :M.ayor Snaunna £. O'Conneffpresiding <Prayer was offerea 6y tne :M.ayor )l moment of siCence was offerea for P.ugene Lavigne, Coving nus6ana of )Inn ana fatner of eignt, incCuding Pire Cnief Steve Lavigne. P.ugene was retirea from tne :M.assacnusetts State <Police ana a CifeCong 'Tauntonian. <Present at roff ca{[were: CounciCors (])ooner, <PosteCC, QuintaC Sanders, <Pottier, :M.artin, <Borges ana:M.cCauC. CounciCor (})uarte was a6sent. Record of January 16, 2024 meeting was read by title and approved. So Voted. Opportunity for input by the general public. No one spoke during public input. Motion was made to go out of the regular order of business to Communications from the Mayor. So Voted. Communications from the Mayor: Mayor O'Connell stated that there is a presentation this evening for special recognition of the Taunton Police Officers and the staff of the Morton Hospital Emergency Department. Mayor O'Connell spoke about the nobility of these professions. She stated that on September 26, 2023, the Taunton Police Department responded to a critical incident that resulted in the stabbing and assault of numerous officers. She spoke about how their skillful and brave response led to no fatalities that night. She stated that the staff at Morton Hospital took care of the Police Officers with urgency and everyone was able to go home to their families that night. Mayor 0' Connell invited State Representative Carol Doherty to the podium. Ms. Doherty shared a story about her encounter with Nick at the State House after being injured. She expressed gratitude to the Officers for their care of the residents of the City of Taunton. Mayor O'Connell invited Chief Walsh to the podium. Chief Walsh spoke about the challenges of this profession and the pride he has for the Officers. Mayor O'Connell presented a citation and plaque to the Officers. State Representative presented a citation from the House of Representatives to the Officers. The Officers recognized were Officer Nicholas Garnett, Officer Ruben Cruz, Officer Michael Flynn, Officer Elizabeth Morrison, Officer Denzel Santos and Chief Ed Walsh.  2 Mayor O'Connell invited Heidi Taylor, President of Morton Hospital, and Amy Vaz, Director of Emergency Services, to the Podium for recognition. Mayor O'Connell presented a citation recognizing the Morton Hospital Emergency Department. State Representative Carol Doherty presented a citation recognizing the Morton Hospital Emergency Department from the House of Representatives. Motion was made to recess at 7:21pm. So Voted. Motion was made to resume the meeting at 7:33pm. So Voted. Communications from the Mayor: Mayor O'Connell stated that there is a Warming Center at Our Daily Bread that is open Monday through Friday from 9:00am until 4:00pm through the winter months. They are in need of volunteers in the afternoon from 1:OOpm until 4:00pm. If interested, they can be reached at (508) 824-1788 to volunteer. Hearing: NONE. Appointments: NONE. Communications from City Officers: Com. from the Chief Financial Officer stating that the Finance Department would like the opportunity to discuss the need for loan repayments derived from the small business and economic development loans given out from the Taunton Revitalization Fund being repaid back into this account to provide for City-wide investment. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from the Chief Financial Officer stating that the Finance Department would like the opportunity to present the results of Fiscal Year 2024 Quarter Two budgetary and capital positions. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Com. from the Chief Financial Officer informing of State aid cuts made by Governor Healy and her Administration. These cuts are publicly being attributed to lower-than- expected revenue collections statewide. The reality of the situation is that these cuts will affect certain programs our residents benefit from which are not included in the City's operational budget. They are grateful the Healy Administration did not make a reduction to local aid which helps fund school and city budgets. Motion was made to refer to the Committee on Finance and Salaries. So Voted. Communications from Citizens: NONE. Petitions: NONE.  3 Committee Reports: Motion was made for Committee Reports to be read by title and approved. So Voted. Recommendations adopted to reflect the votes as recorded in Committee Reports. So Voted. Unfinished Business: NONE. Orders, Ordinances and Resolutions: Order to be accepted on a roll call vote Ordered That, That the City of Taunton shall establish a Mayor's Worthy Cause agency I gift account in accordance with M.G.L. c. 44 §53A which shall be a separate interest-bearing account established by the Treasurer. The City is hereby authorized to accept monetary donations for purposes of the account and such donations shall be deposited into said account. The account will be assigned its own general ledger number from the City Auditor. These funds will not be general fund receipts and the specific use of said funds will be determined with an amended order for authorization of expenditures. Motion was made to approve. On a roll call vote, eight (8) Councilors were present, eight (8) Councilors voted in favor. So Voted. Councilor Duarte was absent. New Business: Councilor Borges stated that on November 22, 2023, the City Council met regarding the Charter and there was a motion made to have the Law Department and the Chief Election Officer cure some of the challenges of some of the sections of the Charter. Councilor Borges motioned to invite the Law Department and the Election Officer in to give the City Council an update during the Committee of the Council as a Whole as to where they are with those challenges and where the ballot question is. So Voted. Councilor Dooner was opposed. List of Documents and Other Exhibits: • Agenda • Mayor's List of Upcoming Community Events - January 23, 2024 Meeting adjourned at 7:38 P.M. A true copy: Q k l/ >tt, , Attest: 1 ,; JI (Ufk~7J~L. Leger City Clerk r JLL/MAT  4 ...·. --r'fi\iF"Q I'\ c.._: ·_ ·, ...~--\,-.-.1 r-F 1rc- City of Taunton r1_,. 11 "'1· ·•·I i · '· ~ • · '"'. .-- 1., r 'J '- Municipal Council January 23, 2024 'l1J2~ JMJ. 25 A\\: 15 The Committee on Finance and Salaries c1; Y CL[f<K The meeting was held at Taunton City Hall, 15 Summer Street, Taunfon, MA 02780 in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Estele Borges, Vice Chainnan Councilor Scott Martin Members Absent: Councilor Phillip Duarte The meeting was called to order at 5:32 PM. 1. Approve the minutes from January 16, 2024 Motion by Mr. Martin and seconded by Ms. Borges to approve. So voted. 2. Meet to review the weekly vouchers and payroll for City departments. Motion by Mr. Martin and seconded by Ms. Borges to approve the payroll warrant in absentia. So voted. Motion by Mr. Martin and seconded by Ms. Borges to approve the accounts payable warrant in the amount o/$4,929,397.98. So voted. Motion by Mr. Martin and seconded by Ms. Borges to adjourn at 5:34 P.M So voted. List ofDocuments and Other Exhibits Used: The Committee on Finance and Salaries Meeting Minutes from 1/16/24 Payroll Absentia Letter Bill Invoice Warrant # 116 List of items over $100,000 CITY OF TAUNTON Respectfully submitted, JAN. ,.2 3 2024 IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. NNIFE ITYCLERK .LEG~  5 City of Taunton Municipal Council January 23, 2024 102Q JAN 'ZS A I\: 15 The Committee on Police and License •• O ,,, '(. f" C C• r The meeting was held at Taunton City Hall, 15 Summer Street, Tauntem,-MA- oz78b hl'th1r ' Chester R. Martin Municipal Council Chambers. Members Present: Councilor Jeffrey Postell, Chairman Councilor Estele Borges Councilor Larry Quintal Also present: Detective William Rutherford The meeting was called to order at 5:37 PM. 1. Approve minutes from January 16, 2024. Motion by Mr. Quintal and seconded by Ms. Borges to approve. So voted. 2. Meet on an application for a Class III license renewal for Automotive Recovery Services, Inc., dba Insurance Auto Auctions, at 580 Myricks Street, East Taunton (Also a change of corporate officers). Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted. Motion by Ms. Borges and seconded by Mr. Quintal to adjourn the meeting at 5:38 PM So voted. List o(Documents and Other Exhibits Used: The Committee on Police and License meeting minutes from January 16, 2024. CITY OF TAUNTON JAN.·2 3 2024 Respectfully submitted, IN MUNICIPAL COUNCIL ~t-~ REPORTS ACCEPTED. Maggie E. Clarke RECOMMENDATIONS ADOPTED. Clerk of Council Committees ,,.Y,A,n-E L. LE~ ITYCLERK  6 City of Taunton Municipal Council January 23, 2024 1DZ4 J~N '2 S A ll: I 5 The Committee on Ordinances and Enrolled Bills ;-,, ;' CLUY The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 62780-in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Barry Sanders, Chairman Councilor Kelly Dooner Members Absent: Councilor Phillip Duarte Also Present: Amy Kazlauskas, Human Resources Director Matt Costa, City Solicitor The meeting was called to order at 5:40 PM. I. Approve minutes from January 9, 2024. Motion by Ms. Dooner and seconded by Mr. Sanders to approve. So voted. 2. Meet with the Human Resources Director and Law Department to review policies and procedures related to hiring, employment, and termination of "at-will" employees. Attorney Costa explained that, based on the common law, the standard of an "at-will" employee is such that the employer or the employee are able to terminate the relationship at any time without cause for any reason or for no reason. Both can change the relationship at any time. He further indicated that there are some exceptions to this including anti- discrirnination laws. However, generally, both the employee and the employer have the right to separate when they deem necessary. Mr. Costa stated that there are different types of employment that exist including union employees, civil service employees, and those who are appointed for a specific term. Those who do not fall into one of those categories are considered at-will. Ms. Kazlauskas indicated that when the City makes hiring decisions, HR handles the onboarding, recruitment, and training and the department manager handles the day to day expectations. Ms. Dooner asked if all at-will employees are given the same guidelines when hired and Ms. Kazlauskas stated that everyone, upon hiring, receives a copy of the employee handbook which includes the Code of Conduct.  7 Mr. Sanders asked who the at-will employees are in the City and how many there are. Ms. Kazlauskas stated that there are 349 with police and frre. There are many categories but some are poll workers, Park and Rec seasonal employees, civilian traffic controllers, a GIS position, and trash pickup positions. Mr. Sanders asked if there are written policies and procedures on hiring and separation of at-will employees. Ms. Kazlauskas indicated that there are hiring and separation procedures but these are more mechanical. Mr. Sanders asked ifthere is anything in writing about job expectations and Ms. Kazlauskas indicated that it depends on the position and typically that information is explained in the job posting. If a uniform is required, that would be communicated by the department manager as would other department-specific requirements. Mr. Sanders asked ifthere is a personnel file for each employee and Ms. Kazlauskas stated that every employee fills out paperwork whether part time or full time. Mr. Sanders asked what the rights are for an at-will employee and Attorney Costa stated that there are many different statutes including Federal Laws, State Laws, and local laws and the City has to follow all of those rules. Ms. Kazlauskas stated that, in Taunton, employees are terminated based on business needs, due to funding, or due to performance management. She stressed that each situation different and individualized. Mr. Sanders asked Ms. Kaslauskas if, after termination, she would invite a conversation and she indicated that she would. She further stated that she trusts her department managers. Mr. Sanders stated that he is a proponent of having things in writing and asked about a written policy when there is a complaint. Ms. Kazlauskas clarified that there is a discipline policy. She further explained that generally the department manager brings the situation to her and she may speak to the employee and she often brings in the Law Department. Mr. Sanders asked how a decision to terminate is communicated. Ms. Kazlauskas explained that the recommendation comes from the department head, they review, agree, it's executed, and a letter comes from the HR Department. She stated that if someone requests a meeting she will meet with them and stressed that it is a different process for union employees. Mr. McCaul asked if the City has ever reversed a decision to terminate an at-will employee based on facts and circumstances. Mr. Costa indicated that he did not think they could answer that question not knowing the whole history of the City but stressed that these decisions are carefully considered and are intended to be the decision. Ms. Kazlauskas also stressed that these types of decisions are not taken lightly. Mr. McCaul asked them to take him through the process of an at-will employee being fired. Attorney Costa indicated that each situation is unique. Mr. McCaul stated that it seems that a person who is at-will has no rights at all and Mr. Costa stated that there are all the protections of Federal, State, Local Laws as well as City procedures. Mr. McCaul asked ifthe practice is to document an incident before someone is frred and Mr. Costa stated that it depends on the situation and that incidents are verified. Mr. McCaul asked if it is the Department head or HR who makes the final decision to terminate. Ms. Kazlauskas explained that the department manager assesses the performance and if they see egregious act or a pattern of behavior, they have to decide if this is a person who fits in their department. The manager comes to HR who verifies some of the information and discusses with Attorney Costa. The original recommendation comes from the department manager and Ms. Kazlauskas stated that usually they get it right. Mr. McCaul questioned the documentation and Mr. Costa stated that it can be just one incident. Committee on Ordinances and Enrolled Bills January 23, 2024 Page2of3  8 Ms. Borges asked if at-will employees receive a 1099 or are taxed. Ms. Kazlauskas stated that taxes are taken out of their paychecks and they are regular employees. Part time employees are covered under the City's Worker's Compensation Policy. She further explained that there are part time employees and there are part time per diem employees. Mr. Quintal asked ifthe Mayor is involved. Ms. Kazlauskas stated that she and Attorney Costa are the Mayor's subject matter experts and they explain to the Mayor why they are doing what they are doing. She further explained that sometimes department managers come with a recommendation of termination and they don't agree. She and Attorney Costa don't just rubber stamp the decision. Mr. Quintal asked about he said/she said situations and Mr. Costa stated that generally things are verified by the department manager and typically they've witnessed the performance problem. Ms. Kazlauskas stressed that they are not trying to be non-transparent but that they have to be very cautious when dealing with personnel matters. Motion by Ms. Dooner and seconded Mr. Sanders to adjourn the meeting at 6:24 PM So voted. List o(Documents and Other Exhibits Used: Procedures for Hiring and Separation of Employment CITY OF TAUNTON Respectfully submitted, JAN. 2- 3 2024 IN MUNICIPAL COUNCIL ~f-~ Maggie E. Clarke Clerk of Council Committees RE ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~lA'l-"'.,,,--L. !G~ Committee on Ordinances and Enrolled Bills January 23, 2024 Page3 o/3  9 City of Taunton Municipal Council January 23, 2024 wzq JAN 2s A 11: I b The Committee of the Council as a Whole The meeting was held at Taunton City Hall 15 Summer Street Taunton MA-·02780 ~the r;[_ lT K ' ' ' Chester R. Martin Municipal Council Chambers. Councilors Present: Council President David Pottier Councilor John Mc Caul Councilor Estele Borges Councilor Scott Martin Councilor Barry Sanders Councilor Lawrence Quintal Councilor Jeffrey Postell Councilor Kelly Dooner Councilors Absent: Councilor Phillip Duarte Also Present: Manuel Massa, Animal Control Officer Kevin Gracia, Assistant Animal Control Officer Lisa Bond, First Assistant City Solicitor The meeting was called to order at 6:29 PM. 1. Remarks from the Chair Council President Pottier announced a shared Council calendar that he set up to be used to communicate events and other scheduling with the Council. He further discussed the Mass Municipal Association conference which was held January 19 and 20. He mentioned the Healey Municipal Bill and suggested that perhaps the City would invite DLS to explain some of the Healey/Driscoll plan to see what the City could implement and perhaps get behind. He reminded everyone that next week would be the joint discussion with the School Committee on the Coyle project. 2. Approve minutes from January 16, 2024 Motion by Ms. Borges and seconded by Ms. Dooner to approve. So voted. 3. Meet with the Director of the Animal Shelter to discuss Class I and Class II Kennel Licenses.  10 Motion by Ms. Borges and seconded by Mr. McCaul to invite in the parties. So voted. Mr. Pottier gave his thanks to the Animal Shelter and explained that the Council has seen a number of kennel licenses come before them and he would like to better understand the process. Mr. Massa explained that typically he gets a call from the City Clerk and from the Clerk's office he receives the names and addresses. He has a State form that he fills out and he completes an outside home inspection. Mr. Pottier asked how often these licenses are renewed and Mr. Massa explained that they are renewed yearly but he goes out usually only if there are reported issues. Ms. Borges mentioned that lot sizes were decreased not long ago and asked Mr. Massa for his opinion on changing the Ordinance to allow for small lot sizes. Mr. Massa indicated that he thinks that it depends on the size of the dog but he feels that anyone should to be able to have four dogs. She asked him if they have ever issued a Class I or Class II License where he's had to go back to the home and he stated that has never happened. Attorney Bond explained this came up when it was realized that the acreage was not on the form that the Council saw. The application form is not seen by the Council. She stated that the plan is to update the application form to be consistent with the current Ordinance and that, going forward, the Council will receive both the application and the State form used by theACO. Mr. Martin asked if Class I and II licenses are a requirement ofMGL and ifthat can be changed. Ms. Bond confirmed and, as such, the City would not be able to lessen MGL. Mr. Sanders stated that he is grateful to hear the discussion on lot size and agrees that this should depend on the size of the dog. He suggested that there should be some way to quantify that. He further suggested that a word other than kennel be used as he believes this makes neighbors think it is going to be a business. Mr. Postell asked about the ACO being called out on complaints received by the Police. Mr. Massa indicated that when that happens the police department calls him and offers assistance if needed. Ms. Dooner stated that she is in favor of reducing the Yz acre lot size requirement. Mr. Quintal stated that he would like to ensure that the ACOs and all who come before the Council are compensated. He would also like to schedule a walkthrough of the Animal Shelter. He would like to see an addition to the Animal Shelter and stressed that the ACOs provide such a service to the City. Motion by Mr. Sanders and seconded by Mr. Postell to refer the Kennel Ordinance to the Committee on Ordinances and Enrolled Bills for review and modification. So voted. Committee of the Council as a Whole January 23, 2024 Page 2of3  11 Motion by Mr. Postell and seconded Ms. Dooner to excuse the parties and adjourn the meeting at 6:58 PM So voted. List ofDocuments and Other Exhibits Used: The Committee of the Council as a Whole Minutes from 1/16/24 CITY OF TAUNTON Respectfully submitted, JAN. 2 3 2024 IN MUNICIPAL COUNCIL ~~c.~~ Maggie E. Clarke Clerk of Council Committees REPORTSACCEPTED. RECOMMENDATIONSADOPTED. - K0~ RL.LEG~7 Committee of the Council as a Whole January 23, 2024 Page 3 of3