City Council

City ofrtaunton :M.unicipa{Council:M.eetino :M.inutes City 1fa{{, 15 Summer Street, rtaunton, ~ In tli.e Chester~ :M.artin :M.unicipa{Council Cli.am6ers :M.inutes, :M.arc/i, 19, 2024 at 8:29 O'cCoc~/P.:M.. Cl'fed"IJe ofJl{{egiance CR.lgufar ;Meeting :Mayor Sfiaunna £. 0 'ConneClpresitfing Cl'rayer was offerea 6y tfie :Mayor Cl'resent at roClcaClwere: Councifors (J)ooner, ©uarte, Cl'oste[[, Quinta~ Sanders, Cl'ottier, :Martin, (}Jorges ana94.cCauC Record of March 12, 2024 meeting was read by title and approved. So Voted. Opportunity for input by the general public. No one spoke during public input. Hearing: On the petition of Taunton Municipal Lighting Plant proposing to place five (5) new sole manholes, associated conduits and transformer to be located on John Quincy Adams Road in the City of Taunton. The Assistant City Clerk stated that a map of the location has been included. Motion was made to open the hearing and invite the interested parties into the enclosure. So Voted. The party introduced himself as Chris Boucher, a representative from T.M.L.P. He stated that the first two hearings are a combined project to assist Amazon in the electrification of their fleet. He discussed that this is the oldest part of the Industrial Park and is in need of upgrades. He stated that the purpose of these two hearings are to extend their electrical duct banks from the radar tower in Myles Standish Boulevard heading north towards Bay Street to the intersection of John Quincy Adams past Amazon and connecting to their existing duct bank at the Taunton Water Tower. Motion was made to open public input on this public hearing. So Voted. No one spoke during public input. Motion was made to close public input and grant the petition. So Voted. On the petition of Taunton Municipal Lighting Plant proposing to place three (3) new sole manholes and associated conduits to be located on Myles Standish Boulevard in the City of Taunton. The Assistant City Clerk stated that a map of the location has been included. Motion was made to open the hearing. So Voted. Chris Boucher, T.M.L.P. representative, stated that this project is connected to the first hearing. He stated that the first hearing also calls for a transformer, which will allow them to upgrade the street lighting in the area. Councilor Pottier questioned whether the Taunton Development Corporation is aware of this project. Mr. Boucher confirmed that they are aware. Motion  2 was made to open public input on this public hearing. So Voted. No one spoke during public input. Motion was made to close public input and grant the petition. So Voted. On the proposed amendment to the City's Housing Development Incentive Program (MGL c. 40V) in accordance with 760 CMR 66.08 and requesting a discussion and vote on a TIE request. Motion was made to open the hearing and invite the interested parties into the enclosure. So Voted. The Assistant City Clerk stated that there is a communication from the Executive Director of the Office of Economic and Community Development regarding a vote and discussion on an amendment to the existing Housing Development Incentive Plan (HDIP) and zone map. The Assistant City Clerk stated that there is a map of the 2024 HDIP Zone Amendment and a map of the Weir District HD Zone. The Assistant City Clerk stated that there is a draft Resolution approving an amendment to the Housing Development Incentive Plan Zone and Map. The Assistant City Clerk stated that there is a communication from the Executive Director of the Office of Economic and Community Development requesting a vote be taken to approve a tax increment exemption for the development to be constructed at 1141 County Street. The Assistant City Clerk stated that there is a Draft Resolution authorizing a Housing Development Incentive Program Tax Increment Exemption Agreement for 1141 County Street. Motion was made to make the above listed communications a part of the record. So Voted. The parties introduced themselves as Jim Howland, Assistant Director of Economic & Community Development, Jay Pateakos, Executive Director of Economic & Community Development and Patrick Dello Russo, Chief Financial Officer. Mr. Dello Russo stated that they will be discussing some amendments to their HDIP zones, as well as a financial consideration for a TIE agreement at 1141 County Street that will bring economic and urban revitalization to the City. Mr. Pateakos stated that HDIP was created to provide a way for gateway cities and market-rate properties to have incentives. He stated that it is continuing to be difficult for construction and these are considered tax breaks from the state, which would be a maximum of two million dollars, which a developer of a market-rate property can obtain. He stated that there are certain things that must align before they can utilize HDIP, which includes a TIE agreement through the City, as well as being included in the HDIP map for the City. He stated that in 2015, Mr. Howland created the original HDIP map, which includes most of the downtown areas. He stated that most of the gateway cities have used HDIP, however, Taunton has not as of yet and the next one will be their first. He stated that this is their priority along with trying to increase the market-rate properties. Mr. Pateakos used a slide presentation to display the existing HDIP inquiries. Mr. Dello Russo discussed that the project taking place at 74 Weir Street is included in this opportunity. Mr. Pateakos used a slide presentation to display the proposed new zone along Route 140 on County Street, which includes the recently approved MBTA-TOD. He stated that they are including this because of the 275 unit alliance development that is being proposed behind the commuter rail station. Mr. Pateakos discussed an additional new zone that they are proposing in the area of the former Bacon Felt in the Weir District. Mr. Pateakos stated that the proposed motion is to adopt the order approving an amendment to the Housing Development Incentive Plan Zone and Map, as presented. Councilor Pottier stated that this would be a way to increase their portfolio and have housing in areas away from other residences so it is less obtrusive. He stated that this housing would be attractive to young professionals who are going to work by train. He stated that he appreciates the efforts by the administration to drive more market-rate housing to the City of Taunton. Councilor Duarte questioned whether the project where the previous Baron Brother's Furniture  3 Store on Winthrop Street had applied for HDIP. Mr. Howland stated that they were granted the City relief, however, when they went to apply for HDIP, there was no funding at the time. Mr. Pateakos stated that developers were waiting for years for this funding. He stated that there will be three (3) rounds of HDIP funding this year. Councilor Duarte stated that this program has been overstretched for many years and the legislature just recently increased the allocation after much lobbying from gateway cities in particular. He stated that Mayor O'Connell was very involved in advocating for the increase in those funds. He stated that this is particularly helpful for building rental units. Councilor Borges questioned whether there would ever be an interest in the Whittenton area. Mr. Dello Russo stated that although it is not out of the question, it is premature. Mr. Howland stated that in 2021, the last amendment added two zones in the Whittenton area that were on the map, which includes all three of the major mills, therefore, they are already part of an HDIP package. Councilor Borges questioned what the eligibility requirements are. Mr. Pateakos stated that it is new construction and there is a minimum of eight (8) apartments. Mr. Howland stated that it will allow new construction or massive renovation, as long as it is creating new units. Councilor Sanders stated that he is not clear, as his understanding is that there are for-profit developers, who wish to build market-rate homes and apartments, which means they will sell or rent them for the most amount of money they can and they need an incentive in order to do this. Mr. Dello Russo stated that this is the construction marketplace at this time. He stated that the proposed motion that they have put in place is identifying the area of which companies could come in and work with the Mayor's Office, the Finance Department and the Office of Economic and Community Development to identify the potential options to bring forward. He stated that the second part of the presentation will discuss the incentive, which is tax increment exemption proposal. He stated that their recommendation at this time is to adopt two additional zones to make Taunton marketable in a very competitive revitalization field. Councilor Sanders discussed that this feels like TIFs to him. Mr. Pateakos discussed that the cost of construction has increased significantly and as a result they are not seeing as much market-rate and they do need incentives now more than ever to get these projects off the ground. Councilor Sanders stated that there is nothing in this that will help the average person trying to become a homeowner or a young person trying to pay their rent. He stated that he has read studies indicating that the rent rates in HDIP projects are higher than everywhere else, the homes sell for higher than everywhere else and the cost of housing in the entire community than in any other community that does not have HDIPs. Mr. Pateakos stated that this will provide housing that is needed. Councilor Martin questioned whether every property that falls under this must come before the Council once this is approved. Mr. Dello Russo stated that the zone allows the opportunity for people to come and ask for a TIE agreement and it will be a collaborative approach by multiple City Departments as well as the Council, then the State will need to approve it as well. Councilor Pottier stated that although they can build a development that can sell for a certain amount, doesn't mean that there is a market for that. He discussed that this will be a tool for us to have market-rate housing in the City. Motion was made to open public input. So Voted. Janet Cooke, 22 Crane Avenue North, Taunton, expressed concern that there was supposed to be affordable housing at the property near the railway, however, the Planning Board voted to not require subsidized housing. She stated that she is concerned that this proposal will not include subsidized housing and that the City should make sure that the people who will be building homes in Taunton are caring about what they do in this City. Mr. Dello Russo stated that the Zoning Board put a restriction on the variance afforded to 1141 County Alliance Realty  4 Group that stipulates that over $1,600,000 will be going into the Affordable Trust for a future affordable housing initiative. He stated that a vote yes will put $1,600,000 into the Affordable Trust to further advance affordable housing needs in the City. Mayor O'Connell stated that there are several affordable housing projects going on in the City currently. Motion was made to close public input and adopt the order approving an amendment to the Housing Development Incentive Plan (HDIP) Zone and Map, as presented. On a roll call vote, nine (9) Councilors were present, eight (8) Councilors voted in favor. Councilor Sanders was opposed. The motion passes. Mr. Dello Russo stated that the next part of the presentation is in regards to the TIE opportunity for the newly adopted zones. He stated that this opportunity will have immediate impacts on housing, economic development, the Affordable Housing Trustand the City's finances. He discussed that a TIE is a real estate tax exemption for economic development inside housing development zones. He stated that it must be approved by the Mayor, the City Council and the Department of Housing and Community Development. He stated that pursuant to Chapter 59, Section SM, Certified Housing Projects can qualify for a real estate tax exemption. He stated that a TIE agreement for 1141 County Street would mean over $800,000 in new growth, as well as $5,000,000 in new taxes. He stated that it would mean $1,600,000 to $2,300,000 in fees to reinvest back into our CIP. He stated that there would be an infusion of over $1,000,000 into the Affordable Housing Trust. He stated that there would be additional revenue for local restaurants, grocery stores and other retailers, as well as additional sales and other taxes for the City. He discussed that in total, this would be $8,800,000 in new dollars to the City of Taunton and a parcel expansion of approximately 1000% over ten years. He stated that the proposed motion is to adopt the order authorizing a Housing Development Incentive Program Tax Increment Exemption (TIE} Agreement Pursuant to M.G.L. c.40V for premises at 1141 County Street (Parcel l.D. 118-7), as presented. Mayor O'Connell stated that the Massachusetts Mayor's Association advocated very hard for the increase in the State HDIP funding that is available. Councilor Sanders questioned what the negotiation in the proposed order means. Mr. Dello Russo explained that the TIE amount will be $2,500,000 and the new City tax dollars will be $3,900,000. He stated that not everything is about money and that this is about an urban revitalization opportunity. Councilor Sanders stated that this was meant to be affordable housing for the work force. Mr. Dello Russo stated that there will be $1,600,000 going into the Affordable Trust Fund to further expand affordable housing in the City of Taunton. Mr. Pateakos stated that when looking at other gateway cities, market-rate housing is found next to the railways. Mayor O'Connell questioned whether there would be other developments in this zone. Mr. Pateakos stated that there is a 35- acre lot down the street that could potentially be housing. Councilor Pottier stated that there are multiple affording housing units being built around the City, however, there are not currently any incentives to build market-rate housing. He stated that this will encourage young professionals and others who will commute into Boston to live on the railway and at a more affordable price point. Councilor Duarte questioned whether there was a requirement for affordability under the MBTA Communities Act. Mr. Pateakos stated that he is not sure and will have to look into it. Councilor Duarte stated that he is under the impression there is not and they put that in the City's ordinance, which was going above and beyond the requirements of the actual MBTA Communities Act. Councilor Duarte stated that he agrees with Councilor Sanders concerns that this is similar to discussions that have been had regarding TIFs, however, they have had many of those discussions and they typically come around to the same point, which is that they are a necessary evil. He stated that he does not particularly want to subsidize large  5 corporations that are opening companies and will be profitable nor does he want to charge rent that people in the area are unable to afford, however, the alternative is that these sites will go undeveloped and then we will not have any additional housing nor financial benefits for the City. Motion was made to open public input. J.P. Marcoux, Jr., 40 Summer Street, Taunton, questioned how low-income families will be able to afford the market-rate housing. Motion was made to close public input and adopt the order authorizing a Housing Development Incentive Program Tax Increment Exemption (TIE) Agreement Pursuant to M.G.L. c.40V for premises at 1141 County Street (Parcel I.D. 118-7), as presented. On discussion, Councilor Borges stated that it states that it may be, but is not required to be affordable. Motion was made to close public input and adopt the order authorizing a Housing Development Incentive Program Tax Increment Exemption (TIE) Agreement Pursuant to M.G.L. c.40V for premises at 1141 County Street (Parcel I.D. 118-7), as presented. On a roll call vote, nine (9) Councilors were present, eight (8) Councilors voted in favor. Councilor Sanders was opposed. The motion passes. Communications from the Mavor: Mayor O'Connell stated that this week's communications are listed in the agenda packet. Mayor O'Connell expressed gratitude to everyone who worked on the Free Waste Disposal Day. She stated that it was a huge success. Mayor O'Connell stated that City offices will be closed in observance of Good Friday on Friday, March 29, 2024. Mayor O'Connell stated that there will be a free veteran's lunch tomorrow at the Elks. Door will open at 11 :OOam and lunch will be served at 12:00pm. Appointments: NONE. Communications from City Officers: Com. from the Human Resources Director stating that the City is responsible to pay for medical costs of Police and Fire Disability Retirement. The Disability Retirement Account currently has a negative balance of $28,701.92. Invoices from February to June will need to be processed for payment before the end of Fiscal Year 2024. The current monthly average expenditure is $17,730.38. Based upon the recommendation of the City Auditor, she is requesting the amount of $100,000.00 be transferred out of the reserve account into the Disability Retirement Account to process the medical bills that by law they are required to pay per the M.G.L. Chapter 41, Section IOOB. 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 94 Winthrop St. for the existing building to be used as retail (1,234.8 sq. ft.) and existing filling station (eliminating the auto repair use) submitted by TRA Realty LLC. The Development Impact Review Board (DIRB) will review this proposal on Tuesday, March 26, 2024 at 9:00 AM in the Planning Board Office, 141 Oak St. and then the Planning Board will review this  6 proposal on Thursday, April 4, 2024 at 5:30 PM at 15 Summer St., Taunton, Ma. Motion was made to receive and place on file. So Voted. Communications from Citizens: NONE. Petitions: Claim Claim submitted by Stephaney Costa, 17 Pine Street, Apt. 2, Taunton seeking reimbursement for damages to her automobile from hitting a pothole on Pine Street near the Pine Street Pre-School. The Assistant City Clerk stated that they already referred to the City Solicitor and DPW. Mayor O'Connell stated that this was information only. Sewer Extension Petition submitted by Brad Fitzgerald P.E., SFG Associates, Inc. on behalf of his client Antonio Bairos, Trustee of A.LE. Realty Trust requesting approval for a sewer extension on Mulvaney Street, Map 38, Lot 128 and Map 31, Lot 363-364, Taunton. Motion was made to refer to the Committee on the Department of Public Works. So Voted. Committee Reports: Motion was made for Committee Reports to be read by title and approved. So Voted. Councilor Pottier motioned for recommendations to be adopted to reflect the votes as recorded in Committee Reports. On discussion, Councilor Dooner requested that the motion made in the Committee on Ordinances and Enrolled Bills is pulled out regarding spaying and neutering dogs for a Class II license. Councilor Pottier retracted his motion. Recommendations adopted to reflect the votes as recorded in Committee Reports for the Committee on Finance and Salaries, the Committee on the Department of Public Works, the Committee on Public Property, the Committee of the Council as a Whole and for the Committee on Ordinances and Enrolled Bills for items #1, #3 and #4. So Voted. Councilor Dooner was opposed. Councilor Pottier referred to the Chairman of the Committee on Ordinances and Enrolled Bills item #2 for discussion for a separate vote. Councilor Sanders stated that the item Councilor Dooner is referring to came under item #4 that Councilor Dooner would like to be able to vote in opposition to which comes under the discussion around modification of the kennel license ordinance, the Committee voted two (2) to one (1) to ask the Law Department to amend the Ordinance to include a requirement that people with a Class II and Class III Kennel License will also be required to have all of the dogs either spayed or neutered. He stated that this item passed, with Councilor Dooner voting in opposition. Councilor Pottier stated that he made a mistake the first time. Councilor Pottier motioned to approve item #2 of the Committee on Ordinances and Enrolled Bills. So Voted. Motion was made to approve item #4 of the Committee on Ordinances and Enrolled Bills. On a roll call vote, nine (9) Councilors were present, seven (7) Councilors voted in favor. Councilors Pottier and Dooner were opposed. The motion passed. Unfinished Business: NONE.  7 Orders, Ordinances and Resolutions: Ordinance (or a first reading to be passed to a second reading AN ORDINANCE ARTICLE III. STOPPING, STANDING AND PARKING Sec 405-53. Prohibited parking places. Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-53 of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by adding thereto the following: Bradley Ave., east side of the Street for the entire length of the Street. James Street, both sides, from the intersection with Broadway for 125'. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Motion was made to pass to a second reading. So Voted. New Business: NONE. List of Documents and Other Exhibits: • Agenda • Mayor's List of Upcoming Community Events-March 19, 2024 • Hearing III- PowerPoint Presentation on the Housing Development Incentive Program (HDIP) Zone Amendment Meeting adjourned at 9:24 P.M. A true copy: Attest: Krystal L. Rebelo Assistant City Clerk KLR/MAT  8 City of Taunton HECEIVED Municipal Council CITY C:LCFKS OFFICE March 19, 2024 2ff24 MAR 2b A 10• 4 b The Committee on Finance and Salaries TAUHTOH. MA The meeting was held at Taunton City Hall, 15 Summer Street, Taunton,.MA-Q~~8'() frl-fiJ~K Chester R. Martin Municipal Council Chambers. Members Present: Councilor Phillip Duarte, Chairman Councilor Estele Borges Councilor Scott Martin The meeting was called to order at 5:30 PM. 1. Approve minutes from March 12, 2024. Motion by Ms. Borges and seconded by Mr. Martin to approve. So voted. 2. Meet to review the weekly vouchers and payroll for City departments. Motion by Ms. Borges and seconded by Mr. Martin to approve the payroll warrant in the amount o/$4,348,010.40. So voted. Motion by Ms. Borges and seconded by Mr. Martin to approve the accounts payable warrant in the amounto/$5,619,503.34. So voted. Motion by Ms. Borges and seconded by Mr. Martin to adjourn at 5:31 P.M So voted. List ofDocuments and Other Exhibits Used: The Committee on Finance and Salaries Meeting Minutes from 3/12/24 Payroll Warrant #149 Bill Invoice Warrant #148 List of items over $100,000 CITY OF TAUNTON Respectfully submitted, MAR 19 2024 ~e.~ IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~L~f:Ju-- CITYCLERK  9 City of Taunton RECEIVED CITY CLEPK'S OFFICE Municipal Council March 19, 2024 7flZQ MAR 2b A IQ: ~ b The Committee on the Department of Public Works TAUNTON. MA The meeting was held at Taunton City Hall, 15 Summer Street, Taunton;-MA:-0278-Cfill tliI LE RK Chester R. Martin Municipal Council Chambers. Members Present: Councilor John McCaul, Chairman Councilor Lawrence Quintal Councilor Barry Sanders Councilor Scott Martin Councilor Jeffrey Postell Also Present: Fred Comaglia, DPW Commissioner Tony Abreau, DPW Assistant Commissioner Brian Gillis, Eversource Craig DeMoura, 1 Sabbatia Lane Matthew Costa, City Solicitor Christine Clymens, Treasurer/Collector The meeting was called to order at 5:35 PM. 1. Approve minutes from October 3, 2023. Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. 2. Meet to discuss the request from Eversource for excavation of multiple locations under moratoriums. Motion by Mr. Quintal and seconded by Mr. Postell to invite the parties in. So voted. The Clerk of Committees read a letter from Eversource dated March 6, 2024 requesting to open roads under moratorium. Motion by Mr. Sanders and seconded by Mr. Postell to make that part of the record So voted. Mr. Gillis of Eversource explained the projects and his request. He stated that they are looking to start in April. Mr. Abreau noted that Eversource has agreed to pave from curb to  10 curb for all roads they disturb and bring roads up to original state upon completion. Mr. Cornaglia clarified that any striping that is disturbed will be replaced as well. Mr. Postell stated that they take road repairs very seriously as this is the most common complaint that they receive. He noted that coming into the downtown the aesthetics are important. Mr. Sanders referenced the schedule and Mr. Gillis stated that he believes these are conservative estimates. Mr. Sanders asked ifthere is an agreement in writing and Mr. Cornaglia stated that this is part of the permit. Mr. Abreau further noted that all the projects with the gas company are bonded and that throughout the years Eversource has completed projects in a timely manner and have maintained a good rapport. Mr. Martin asked ifEversource is responsible for repairing the sidewalks and Mr. Gillis confirmed that anything that they disturb must be repaired. Motion by Mr. Quintal and seconqed by Mr. Postell to grant the request. Mr. Postell asked ifthe roads will be inspected by DPW at the conclusion and during construction and expressed concern for safety issues at the end of the day. Mr. Abreau confirmed. So voted. Mr. Abreau noted that there some letters from the gas company regarding work that the DPW did ahead of Eversource. He stated that a vote of the Council is needed for Eversource to pay for that work. Motion by Mr. Postell and seconded by Mr. Sanders to refer to a future scheduled and posted meeting. So voted. 3. Meet to discuss the abatement request of Craig DeMoura for parcel 23-23 5. The Clerk of Committees read a letter from Mr. DeMoura dated November 6, 2023 explaining the situation. Motion by Mr. Quintal and seconded by Mr. Sanders to make this part of the record So voted. Mr. DeMoura explained that he purchased the land in 2003 and when sewer was going in they were putting a sewer stub on his property. He told the contractor at that time that the lot was not buildable and he contacted city officials who said it was a mistake. Mr. DeMoura filed for an abatement for his own property but was told not to worry about the stub. 20 years later he received a bill. Mr. DeMoura stated that he did not file paperwork for an abatement because he was told not to. Committee on the Department ofPublic Works March 19, 2024 Page2 of5  11 Mr. Postell asked if he only received a bill recently and Mr. DeMoura indicated that on 10/19/23 he first received the bill for this. Mr. Postell asked why the lot is not buildable and Mr. DeMoura stated that it is not buildable based on the lot size. Mr. Clymens clarified that he has paid his taxes on the property from 2006 to the present. The Clerk of Committees read a letter from Matthew Costa, City Solicitor dated December 4, 2023. Motion by Mr. Sanders and seconded by Mr. Postell to make that part of the record So voted. The Clerk of Committees read a follow-up letter from Matthew Costa dated February 26, 2024. Motion by Mr. Sanders and seconded by Mr. Postell to make that part of the record So voted. Mr. Quintal stated that it seems everyone agrees that a stub was installed at a non-buildable lot and that Mr. DeMoura has never been behind on his land taxes and has not been hiding from the City. Mr. DeMoura stated that he was repeatedly told not to worry about it. Mr. Sanders asked if any of the facts or timeline are in dispute and Attorney Costa stated that the only question might be on the date and that the stub might have been installed earlier than stated. The betterment assessment predates Mr. DeMoura's ownership. Mr. Sanders asked Mr. DeMoura ifhe continued to ask the City about this and Mr. DeMoura indicated that he brought it up every time he came into City Hall for about five to seven years. Mr. Sanders asked Mr. Costa if his legal position is that there is a statutory timeline and, as such, the City Council cannot act on this or should not act on this. Mr. Costa stated that his opinion is that the Council cannot act on this simply due to the timeframe. Mr. Sanders asked what would happen if they did act on this and Mr. Costa stated that he is not sure that it would be a legally valid vote. He also expressed his concern that entertaining an untimely abatement application would encourage others to do the same. Mr. Costa quoted MGL Chapter 80 regarding betterment assessments and stated that no city or town has the power to follow a different procedure. He noted that his legal advice is that there is a strict procedure and, although this might not seem fair, the law constrains the options. Mr. Sanders suggested that Mr. DeMoura might not have filed a formal request for an abatement but he sought assistance from the City and was given assurances that there would be some remedy. Mr. Costa noted that tax bills include the betterment assessment. Mr. Quintal asked for the original assessment amount and it was stated to be $4000. Motion by Mr. Quintal that Mr. DeMoura pay $4000. Ms. Dooner asked if, when it was deeded, Mr. DeMoura had a title insurance policy because, if so, this might resolve the issue. Committee on the Department ofPublic Works March 19, 2024 Page 3 of5  12 Seconded by Mr. Martin. Mr. Martin asked ifthe Council is allowed to waive the interest and Mr. Costa stated that he might need to do some research on this matter. Mr. Clymens clarified that, currently, the total owed is $11,118.17 of which $2,894.27 is actual taxes which includes the sewer betterment and $7,098.90 is interest. Mr. Quintal withdrew his motion. Motion by Mr. Quintal and seconded by Mr. Sanders to grant the abatement. Mr. Martin asked ifthe interest can be frozen going forward. Mr. Costa did not believe that to be possible. Mr. Postell noted that mistakes happen but there are statutory laws. He expressed concern with setting a precedent and his desire to prevent something like this in the future. Ms. Borges asked how it is determined where a stub is placed. Mr. Cornaglia indicated that the engineers were there every day and the stub was installed to serve the lot. Mr. Abreau noted that if combined with the lot next door, perhaps there could be a building there at some point. Ms. Borges asked if the land is even big enough with two lots and Mr. Abreau noted that there could be a variance granted. Ms. Borges stated that she believes that in this case there was a mistake made and that there needs to be a look taken at the sewer stub that was installed that probably shouldn't have been on that lot. However, she also noted that she can see Attorney Costa's point about precedent setting. She asked ifthere are other stubs on non- buildable lots. Mr. Abreau explained that current projects go through a process where the engineer sends letters, meets the owners onsite, and marks the stubs. There is also a clear process for filing for an abatement. However, he clarified that he wasn't around in 2003. Currently, the six month period is always what is used. Ms. Borges asked if Sabbatia Lake was properly recorded with the Registry of Deeds and Mr. Costa confirmed that it was as he had done the research. She suggested this be tabled for more research. Mr. DeMoura stated that there is a sewer stub on the adjacent lot as well. Mr. Postell asked if, since this lot is considered unbuildable by the City's interpretation, it could be capped and not incur additional fees. Mr. Postell said that perhaps it could be noted that this could never be used. Mr. DeMoura stated that he would never build on the lot. Mr. Sanders asked if there could be a legal agreement between the parties that the stub is not to be used. Mr. Costa suggested that he would need to look into this a little further. Mr. Sanders stated that he doesn't want to put the City in jeopardy but would like to find a resolution that is legal, defensible, and justifiable. Perhaps, essentially, the stub could legally be capped. Ms. Clymens suggested that the Law Department and CFO have a call with the Commissioner of Revenue and the DOR to see what can be done. Committee on the Department ofPublic Works March 19, 2024 Page4 o/5  13 Ms. Borges suggested that perhaps the Law Department work on this a little more. Mr. Quintal withdrew his motion. Motion by Mr. Sanders and seconded by Mr. Postell to table this matter for two weeks and ask that the Law Department and CFO reach out to the Commissioner ofRevenue and the DOR and, if appropriate, sit down with Mr. DeMoura to see if some negotiated agreement can be reached and bring it back to the DPW Committee in two weeks. So voted. Motion by Mr. Postell and seconded Mr. Quintal to excuse the parties and adjourn the meeting at 7:00 PM So voted. List of Documents and Other Exhibits Used: Meeting minutes from the DPW Committee from 10/3/23 Letter from Eversource dated 3/16/24 Letter from Craig DeMoura dated 11/6/23 Letter from Matthew Costa dated 12/4/23 Letter from Matthew Costa dated 2/26/24 CITY OF TAUNTON MAR 1 9 2024 Respectfully submitted, IN MUNICIPAL COUNCIL ~f.~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~E~R~ ~~LERK Committee on the Department ofPublic Works March 19, 2024 Page 5 o/5  14 City of Taunton f\ECElVED Municipal Council Cll Y CLEF'.i'<.'S OFFICE March 19, 2024 'l01£1 MAR 2b A IQ: Lib The Committee on Ordinances and Enrolled Bills The meeting was held at Taunton City Hall, 15 Summer Street, Tauntrn±,-MA-~&f ili thGLERK Chester R. Martin Municipal Council Chambers. Members Present: Councilor Barry Sanders, Chairman Councilor Kelly Dooner Councilor Phillip Duarte Also Present: Richard Conti, Chairman, Board of Assessors Manuel Massa, Animal Control Officer Dina Walsh, Assistant Animal Control Officer Kevin Gracia, Assistant Animal Control Officer The meeting was called to order at 7:04 PM. 1. Approve minutes from March 12, 2024. Motion by Mr. Duarte and seconded by Ms. Dooner to approve. So voted. 2. Meet with the Office of the Assessors to discuss the request that Assessors be given the annual right to an interior inspection of cannabis facilities. Mr. Sanders indicated that he is apprehensive about treating one kind of business different from another kind of business. Mr. Conti agreed. He explained that he thought this was a great idea after hearing it from another community but after further consideration realized that he cannot treat one class differently from others. Motion by Mr. Duarte and seconded by Ms. Dooner to remove from the file. So voted. 3. Meet to discuss revising relevant cannabis ordinances. There was no update. 4. Meet for a review of and possible modifications to the kennel ordinance.  15 Mr. Sanders asked for input from the animal control officers on the ordinances around kennel licenses. Mr. Massa indicated that the Class III license is probably not necessary. It was explained that Class I is for 4-6 dogs and Class II is for 7-12 dogs. Class ill is 13 dogs and up. Mr. Sanders stated that the lot size concerns him and noted that some communities do not have a lot size requirement. He asked if Mr. Massa believes this is necessary and he stated that he does not. Mr. Sanders asked ifhe thinks a fence should be required and Mr. Massa stated that he thinks a fence would be a good idea. Ms. Walsh mentioned appropriate housing. Mr. Gracia indicated that he believes big dogs should have a half acre lot. Ms. Dooner stated that she agrees with removing the lot size requirement as different dogs have different temperaments and different needs. It is subjective and based on what people do with their dogs. Mr. Duarte agreed with Ms. Dooner and noted that it varies from breed to breed and how people care for their dogs. He suggested that the language in condition #6 in all three sections of the Ordinance referencing the animal being "kept" should be stricken. He also referenced subsection #9 on Class II which states that no more than three of the dogs shall be kept in a residential dwelling and suggested that this be removed. Ms. Borges noted that MGL requires a kennel license. Mr. Sanders summarized the conversation and changes suggested: include a requirement for a fence sufficient to keep the dogs on the property, dispense with the requirement for a lot size, if the dogs are kept outside that they must be appropriately housed, the requirement that they be "kept" 150' from a residential dwelling be changed to housed, and strike the part about not being able to be kept inside a dwelling. Mr. Sanders asked Mr. Massa ifhe is permitted inside for an inspection and he confirmed. He asked Mr. Massa for his thoughts on requiring dogs to be spayed and neutered. Mr. Massa suggested that this could make sense for class II and III. Mr. Dooner asked that this be a separate motion. Mr. Sanders further suggested that the City Clerk notify people of the Kennel licensing requirement for those with four or more dogs with every dog license application. Mr. Martin asked if the language might include mention that the fencing must adhere to zoning requirements. Mr. Sanders noted that the Law Department might include that. Mr. Gracia asked about the height of fences and Mr. Sanders stated that he would be comfortable with it stating that it must be of sufficient height to keep the dog on the property. Motion by Mr. Duarte and seconded by Ms. Dooner to refer to the Law Department to draft language for an ordinance change and come back in one month. Changes to include: • A requirement/or afence sufficient to keep the dogs on the property • Removal of the lot size requirement • Jfthe dogs are kept outside that they must be appropriately housed • The language in subsection 6 to be "kept" JOO' (Class I), 150' (Class 11), 250'(Class 111) be removed so it only references housed and sheltered Committee on Ordinances and Enrolled Bills March 19, 2024 Page 2of3  16 • Strike subsection 9 under Class II and Class III regarding dogs being kept in the residential dwelling So voted. Motion by Mr. Duarte and seconded by Mr. Sanders to refer to the Law Department a change to the Ordinance to require Class II and Class III to be spayed and neutered. Councilors Duarte and Sanders voted yes. Councilor Dooner voted no. So voted. Motion by Mr. Duarte and seconded by Ms. Dooner to refer to the City Clerk to include language about kennel licensing requirements with all dog license applications both on paper and online moving forward So voted. Motion by Mr. Duarte and seconded Ms. Dooner to excuse the parties and adjourn the meeting at 7:34 PM So voted. List o(Documents and Other Exhibits Used: Meeting minutes from the Committee on Ordinances and Emolled Bills from 3/12/24 CITY OF TAUNTON MAR 19 2024 Respectfully submitted, IN MUNICIPAL COUNCIL ~C-~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED FOR ITEMS #1, #3 AND #4. COUNCILOR POTTIER REFERRED TO THE CHAIRMAN OF THE COMMITTEE ON ORDINANCES AND ENROLLED BILLS ITEM #2 FOR DISCUSSION FOR A SEPARATE VOTE. COUNCILOR SANDERS STATED THAT THE ITEM COUNCILOR DOONER IS REFERRING TO CAME UNDER ITEM #4 THAT COUNCILOR DOONER WOULD LIKE TO BE ABLE TO VOTE IN OPPOSITION TO WHICH COMES UNDER THE DISCUSSION AROUND MODIFICATION OF THE KENNEL LICENSE ORDINANCE, THE COMMITTEE VOTED TWO (2) TO ONE (1) TO ASK THE LAW DEPARTMENT TO AMEND THE ORDINANCE TO INCLUDE A REQUIREMENT THAT PEOPLE WITH A CLASS II AND CLASS ill KENNEL LICENSE WILL ALSO BE REQUIRED TO HAVE ALL OF THE DOGS EITHER SPAYED OR NEUTERED. HE STATED THAT TIDS ITEM PASSED, WITH COUNCILOR DOONER VOTING IN OPPOSITION. COUNCILOR POTTIER STATED THAT HE MADE A MISTAKE THE FIRST TIME. COUNCILOR POTTIER MOTIONED TO APPROVE ITEM #2 OF THE COMMITTEE ON ORDINANCES AND ENROLLED BILLS. SO VOTED. MOTION WAS MADE TO APPROVE ITEM #4 OF THE COMMITTEE ON ORDINANCES AND ENROLLED BILLS. ON A ROLL CALL VOTE, NINE (9) COUNCILORS WERE PRESENT, SEVEN (7) COUNCILORS VOTED IN FAVOR. COUNCILORS POTTIER AND DOONER WERE OPPOSED. THE MOTION PASSED. Committee on Ordinances and Enrolled Bills · . March 19, 2024 ' Page 3 of3 . NNIFE . LEGER CITY CLERK  17 f1ECEIVED City of Taunton CITY CLEf?K'S OFFICE Municipal Council March 19, 2024 'l01Q MAR 'lb A IQ: l\h TAUNTON. MA The Committee of the Council as a Whole ------ C!TY CLEHK The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. Councilors Present: Council President David Pottier Councilor John Mc Caul Councilor Estele Borges Councilor Scott Martin Councilor Barry Sanders Councilor Lawrence Quintal Councilor Jeffrey Postell Councilor Phillip Duarte Councilor Kelly Dooner Also Present: Manuel Massa, Animal Control Officer Dina Walsh, Assistant Animal Control Officer Kevin Gracia, Assistant Animal Control Officer Chris Carmichael, Superintendent of Buildings Patrick Dello Russo, CFO Matthew Parent, Energy Consultant The meeting was called to order at 7:36 PM. 1. Approve miriutes from March 12, 2024. Motion by Mr. Duarte and seconded by Mr. McCaul to approve. So voted. 2. Meet with the Animal Control Officer and the Assistant Animal Control Officers to discuss the needs of the Animal Shelter. Mr. Dello Russo stated that $100,000 was allocated for certain repairs and upgrades to the Animal Shelter. He indicated that Mr. Carmichael had worked with the Animal Control Officer to identify needs. Mr. Carmichael stated that he did an assessment and determined that the following should be addressed: roof replacement, remodel of the existing 18 x 8 walk in area, existing office improvements, an extension for new office area, new front door, mechanical upgrades, electrical upgrades, tile the bathroom floor, and updated cat room. If  18 there is remaining funding, exterior areas would be enclosed since kennels will be used for the new office area. Mr. Massa expressed his thought that the spot where the office is intended to go is not a good idea. Ms. Walsh stated that the office can't just be extended and including the two kennels willnot be enough space. She noted that tiling of the bathroom is not necessary and that money could be used elsewhere. Mr. Massa stated that the cat room needs a lot of work including the ceiling. Mr. Gracia also noted that the kennels are in rough shape. Mr. Gracia emphasized that there is no room for the public to be in the little room with the staff. Mr. Dello Russo emphasized that $100,000 will make some improvements and there is a process if more funds are needed. Mr. Pottier stated that hopefully $100,000 will be a start and the first of capital improvements at the shelter. Ms. Borges questioned the location of the office space and Mr. Carmichael described the area. Ms. Borges suggested the group regroup and prioritize and perhaps make it a five year plan. Mr. Dello Russo stated that the Animal Control unit can participate in the capital program just like every other department. Mr. Massa stressed that the animal needs should come before an office. Mr. Sanders asked about the current capacity at the shelter for animals and Mr. Massa stated that the capacity is about 24 dogs and 30 cats and they have been at full capacity the last couple weeks. Mr. Mass agreed there is adequate capacity. Mr. Quintal stated that he believed that the Shelter needed office space. He has two construction companies willing to donate half of their labor and materials if they ever-added on. He also suggested that they regroup. He wants to see it workable for the animals and for the workers. Mr. Dello Russo stated that the Finance department will make a concerted effort to get this moving and referenced the capital stabilization account which could be used ifthe projects go over the $100, 000 that has been allocated. Mr. Postell suggested that the department needs to evaluate strengths and areas for improvement. They should create a list of priorities and should not be afraid to ask for what they need. Mr. Postell also noted some safety concerns. Mr. Duarte suggested a five year plan be generated which would feed into the Capital Improvement Plan. 3. Meet with the Finance Department for a discussion on energy efficiency initiatives. Mr. Dello Russo stated that Mr. Parent was asked to put together some information and giv~ some assistance identifying some available cost savings for folks. Mr. Parent noted ways to Committee of the Council as a Whole March 19, 2024 Page2of3  19 reduce the cost of electricity and the cost of heating homes and discussed creating an outreach program with information on savings as other communities have done. There are aggressive incentives to do basic upgrades. He touched on MassSave and TMLP rebate incentives available as well as 0% financing options. He also mentioned EV charging station incentives and financing for heat pumps and other projects. Ms. Dooner noted the importance of educating people on what MassSave can do. Mr. Duarte expressed his support for establishing an outreach program as he believes it's often those who need it the most who do not access such programs. He noted that often multi-family rental units are inefficient so it will be important to reach out to landlords. Mr. Sanders noted that he has been working with the Clean Water Fund and they will be working on outreach. They are on the agenda in the Committee on Public Health and Environmental Affairs in the next couple weeks. Ms. Borges suggested a small sub-committee be created to work on the initiatives and outreach. Motion by Mr. Postell and seconded by Mr. Sanders to adjourn at 8: 12 PM. So voted. List o(Documents and Other Exhibits Used: Committee of the Council as a Whole meeting minutes of 3/12/24 CITY OF TAUNTON Respectfully submitted, MAR 19 2024 IN MUNICIPAL COUNCIL ~?.~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. NNIF L.L~E~ CITY CLERK Committee of the Council as a Whole March 19, 2024 Page 3 o/3  20 r;,'ECEIVED City of Taunton CITY CL[f.'.!\'S OFFICE Municipal Council March 19, 2024 1024 HAR 2b A [): 4b The Committee on Public Property __________ en y [_:LEFK The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. Members Present: Council President David Pottier, Chairman Councilor Kelly Dooner Councilor Jeffrey Postell Councilor Phillip Duarte Councilor Scott Martin Also Present: Patrick Delio Russo, CFO Andrew Sukeforth, Director of Procurement The meeting was called to order at 8: 14 PM. 1. Approve minutes from March 12, 2024. Motion by Mr. Duarte and seconded by Mr. Martin to approve. So voted. 2. Meet for an update on the Leonard School Request for Proposals. Mr. Sukeforth reported that this property was declared surplus in July and that they had used the Bacon Felt RFP as the standard for this RFP and added some project goals. They are looking for senior housing development and will be going out in April. Mr. Dello Russo stated that the focus is on the senior housing component. Mr. Duarte asked if the intention was for the entire project to be senior housing and Mr. Sukeforth stated that they are looking for at least 25%. Mr. Duarte asked if the RFP is specifically calling for restoration and Mr. Sukeforth stated that they are looking for restoration and for it to be deed restricted for historical preservation. If there are no responses, it can be reissued under different circumstances. Mr. Duarte stated that he would like to see this restored if possible. Mr. Martin stated that he is glad to see the focus on how it will impact the community and the neighbors.  21 Ms. Borges stated her high hopes for restoring the building and asked about the evaluation process. Mr. Sukeforth stated that they are requiring senior housing to be 25% or more, and will be evaluating on a City of Taunton preference, compatibility with project goals, the fmance and project team, the proposed use and the proposed schedule. Motion by Mr. Duarte and seconded by Ms. Dooner to approve. So voted. Motion by Mr. Duarte and seconded by Ms. Dooner to adjourn the meeting with thanks at 8:24 PM Sovoted. List o(Documents and Other Exhibits Used: The Committee on Public Property Meeting Minutes of 3/12/24 Leonard School RFP CITY OF TAUNTON MAR 19 2024 Respectfully submitted, IN MUNICIPAL COUNCIL ·~f.~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ,.,._,.,,._~i..,.L'\../EJ!R ~ "71ll"" ... Committee on Public Property March 19, 2024 Page2of2