City Council

City of'Taunton 9dunicipa{Councif9deeting 9dinutes City 1fa{[, 15 Summer Street, 'Taunton, !Mft In tlie Chester~ 9dartin 9dunicipa{CouncifCliam6ers - 9dinutes,)f..pril16, 2024 at 7:56 O'cfoci.JP.9'. ~/VISPlD (CO'.M.9'.IfJ!I!E/E. ~~) ~tfae of.ft_fkgiance ~gular 9rf.eetina 9rf.ayor Sliaunna L. O'Connellpresitfina <Prayer was offtreti6y tlie 9rf.ayor <Present at rollca/Iwere: Councilors 9rf.cCaul, (}Jorges, 9rf.artin, (J'ottier, Santfers, ~inta' (J'oste( (})uarte anti(])ooner Record of April 9, 2024 meeting was read by title and approved. So Voted. Opportunity for input by the general public. The following residents spoke during public input regarding requested sewer extension for the Oak Hill Mobile Home Park and Colonial Estates: 1. Sandra McDonough, 56 Acom Drive, Taunton 2. Theresa Beal, 112 Mayflower Avenue, Taunton 3. Armand Provencal, 399 Lothrop Street, Taunton 4. Doris Hill, 5 Valley Forge Road, Taunton 5. Marcus Steen, 49 Holly Road, Taunton 6. Kathy Zorotheas, 22 Daisy Avenue, Taunton, provided a petition at the end of the public input to the City Clerk signed by residents of Oak Hill Mobile Home. 7. Nancy Fitzgerald, 12 John Alden Road, Taunton 8. Diane Correia, 14 Wampanoag Road, Taunton 9. Linda Rainey, 24 Hickory Road, Taunton 10. Lori Steward, 67 Mayflower Avenue, Taunton 11. Deborah Rivet, 61 Mayflower Avenue, Taunton 12. Patti Gregg, 22 Mayflower Avenue, Taunton 13. Linda Rogers, 231 Lothrop Street, Taunton 14. Dee Cantwell, 247 Lothrop Street, Taunton 15. Lionel Richard, 14 Wampanoag, Road 16. Mary Scarlett, 6 Settlers Road, Taunton 17. Rev. Michael Scarlett, 6 Settlers Road, Taunton 18. Diane Walsh, 11 Meeting House Road, Taunton, stated that she is the president of Colonial States and presented a petition signed by residents to the City Clerk. 19. Elizabeth Gagnon, 19 Valley Forge Road, Taunton  2 20. Amit Kataby, 7 Kurts Place, Taunton, did not present to speak during public input. Mayor O'Connell stated that they will have a formal response regarding this issue next week. Hearing: NONE. Communications from the Mavor: Mayor O'Connell stated that the communications are listed in the agenda packet. Mayor O'Connell stated that the Earth Day cleanup will take place on Saturday, April 20, 2024 from 9:00am until 12:00pm by the Taunton Ecology Awareness Movement. The check-in will be behind City Hall from 8:00am until 9:00am. Mayor 0' Connell stated that there will be a free spring yard waste collection from Monday, April 22nd through Friday, April 26th for residents serviced by the City's curbside program. Collection will be on the same day as the resident's regular trash pick- up day. Yard waste must be placed on the curb in paper bags or open barrels. Appointments: Appointment of Colleen Simmons, 25 Silverwood Dr., Taunton to the Taunton Redevelopment Authority to fulfill the unexpired term of Manuel Spencer expiring in February 2028. Motion was made to approve. So Voted. Councilor McCaul was opposed. Appointment of Jonathan Gray, 697 Cohannet St., Taunton to the Taunton Redevelopment Authority to fulfill the unexpired term of Jeff Pagliuca expiring in April 2026. Motion was made to approve. So Voted. Communications from City Officers: Com. from the Chief Financial Officer stating that the Finance Department is seeking to expand the allowable uses of the Sale of Real Estate Account. They are seeking approval to pay for Appraisals of Marketable Properties funds to be an allowable cost to the account. 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 0 Hart Street (Map 94, lot 215) and 235 Hart Street (Map 94, Lot 152) for the conversion of the existing single family dwelling into a 2 floor 1,023 sq. ft. marijuana retail facility and 930 sq. ft. of office space, site access, drainage, parking and utilities, submitted by San Holdings, LLC, Tanios Barbour. The DIRB (Development Impact Review Board) will meet on Tuesday, April 23, 2024 at 9:15 AM at the Planning Board Office at 141 Oak St. and then the Planning Board will review this on Thursday, May 2, 2024 at 5:30 PM at City Hall, 15 Summer Street, 2nd Floor, in the Chester R. Martin Municipal Council Chambers. Motion was made to receive and place on file. So Voted.  3 Com. from the Chairman, Taunton Planning Board stating that the Taunton Planning Board is in receipt of a Site Plan Review for property at 1141 County Street for modification to the previous approval for a multi-family development consisting of 275 units with 4,900 sq. ft. of retail. Changes are the approach to storm water design and the removal of the secondary access road, submitted by 1141 County Street, LLC & Alliance Realty Partners. The DIRB (Development Impact Review Board) will meet on Tuesday, April 23, 2024 at 9:30 AM at the Planning Board Office at 141 Oak Street and then the Planning Board will review this on Thursday, May 2, 2024 at 5:30 PM at City Hall, 15 Summer Street, 2nd Floor, in the Chester R. Martin Municipal Council Chambers. Motion was made to receive and place on file. So Voted. Com. from the City Engineer requesting that the Municipal Council approve the discontinuance of a portion of Sao Paulo Avenue. The reason for the request is to discontinue the portion of Sao Paulo Avenue that was created during the original subdivision. When the subdivision was extended, the need for the turnaround was no longer needed. The discontinuance of the unnecessary and unused portion of the street layout will then revert to the abutting properties. This will allow the lots to be configured in the same manner of the rest of the subdivision. Motion was made to refer to the Committee on the Department of Public Works. So Voted. Com. from the Director of Procurement stating that the Finance Department and the Office of Economic and Community Development (OECD) would like to present to the Municipal Council an update on the Nursing Home property and make a formal request for declaration for surplus of the property. They ask that the Director of Procurement, Chief Financial Officer, and Executive Director of OECD be allowed to present this update and request for the Nursing Home to the Committee on Public Property on April 23, 2024. Motion was made to refer to the Committee on Public Property on April 23, 2024. So Voted. Communications from Citizens: NONE. Petitions: Claim Claim submitted by N' Jie M. Roman, 59 Short Street, Taunton seeking reimbursement for damages to his automobile from hitting a pothole on Bay Street near the 7-Eleven Convenience Store. (Already referred to the City Solicitor and DPW) Antique Dealer License - RENEWAL 1. Memorable Memorabilia located at 45 Baylies Road, Taunton. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. Billiard Table License - RENEWAL 1. David F. Adams Post 611 Athletic Association Inc., located at 82 lngell Street, Taunton (I-Table). Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted.  4 Temporary Fixed Vendor License - RENEWAL 1. The Poutine Peddlers, LLC, located at 239 Broadway, Taunton to sell food and beverages. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. Temporary Fixed Vendor License-NEW Petition submitted by Elizabeth Gummow, 925 Pine Street, Raynham, MA 02767 for a NEW Temporary Fixed Vendor License for New Creations Coffee, LLC to be located at 225 Cape Highway, East Taunton to serve specialty coffee Tuesday-Friday from 7:00 AM - 3 :00 PM. Motion was made to refer to the Committee on Police and License and the Police Chief. So Voted. Class II License (NEW) Petition submitted by Andrew Saad, 49 Rogers Street, Unit 5, Boston, MA 02127 and Patrick Saad, 15 Hearthstone Road, Easton, MA 02375 for a NEW Class II License for Express Brothers Gas & Auto Repair, Inc. -dba- Express Brothers Gas & Auto Repair to be located at 146 Tremont Street, Taunton. Motion was made to refer to the City Clerk to schedule a public hearing. So Voted. Special Permit Petition submitted by Daniel F. de Abreau, Esq., BRCSM, 174 Dean Street, Unit B, Taunton, MA 02780 on behalf of his client SAN Holdings, LLC, 21 Second Street, Taunton, MA 02780 for a Special Permit to allow a 1,953 sq. ft. Marijuana Retailer to be located at 235 Hart Street, Taunton located in the Highway Industrial District. Motion was made to refer to the City Clerk to schedule a public hearing. So Voted. 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: Ordinance for a first reading to be passed to a second reading AN ORDINANCE Chapter222 Recreational (Non-Medicinal) Marijuana Establishments Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: SECTION 1: Chapter 222 of the Revised Ordinances of the City of Taunton, as amended, is hereby further amended by deleting said existing Chapter and replacing the same with the following:-  5 §222-1 License Requirements A. Purpose and intent. It is the purpose and intent of this section to expand the local scope over Marijuana Establishments within the City of Taunton under Massachusetts General Laws chapter 94G, and its implementing regulations at 935 CMR 500, and to enable the City to further regulate, improve compliance, deter illegal sales, impose reasonable safeguards to govern the time, place and manner of marijuana establishment operations to ensure public health and safety and well-being and deter illegal sale of marijuana to underage persons and to ensure that the marijuana establishment environment is strictly controlled to meet the requirements of state law. This ordinance is not intended to supersede any existing state laws and should be interpreted to operate in harmony with such laws. The authority for this Ordinance is in the Articles of Amendment to the Massachusetts Constitution, Art. 2, §6, General Laws c. 94G, §3, 935 CMR 500.170, and every other lawful authority. B. Definitions. Any word or phrase that is defined in G.L. c. 94G, § 1 or 935 CMR 500.002, as same may be amended from time to time, shall, when used in this ordinance, have the same meaning. 1. The Municipal Council shall serve as the Local Licensing Authority (hereinafter "LLA"), which shall refer all license applications to the Police and License Committee. C. In order to operate a Marijuana Establishment, an Applicant must: 1. Obtain a Host Community Agreement Waiver (hereinafter "Waiver") from theLLA. a. The number of Waivers granted to Marijuana Retailers by the LLA shall not exceed the number of Marijuana Retailer licenses allowed under this chapter. b. If an Applicant does not submit an application to operate a Marijuana Retail Establishment with the Massachusetts Cannabis Control Commission (hereinafter "CCC") within ninety (90) days ofreceipt of the Waiver, there is rebuttable presumption that the Applicant does not intend to move forward with a Marijuana Retail Establishment in Taunton and thereby relinquishes the Waiver and corresponding license. 2. Obtain a special permit from the LLA as the special permit granting authority for Marijuana Establishments under the Taunton Zoning Ordinance. a. The hours of operation of the Marijuana Establishment shall be set by the LLA in the special permit.  6 3. Upon being granted a final license by the CCC an Applicant shall submit a license application to the LLA through the City Clerk. a. All other zoning approvals, including site plan reviews and variances, required under the City of Taunton Zoning Ordinances shall be obtained prior to the LLA considering the license application. D. The total number of Marijuana Retailer licenses which may be issued pursuant to this chapter shall be nine. 1. Pursuant to 935 CMR 500.181(3)(c)(2), ifthe LLA later decides to allow additional Marijuana Retailers, at least 50% of those licenses, but no less than one license, above the previously established cap shall be reserved for: License Applicants that are Social Equity Businesses; License Applicants that have been designated as Social Equity Program Participants, Economic Empowerment Priority Applicants, or both; or individuals or entities verified or pre-verified pursuant to 935 CMR 500.101(7), including pre-verified individuals or entities that have already been designated as Social Equity Businesses, Economic Empowerment Applicants, or both. E. A new application must be submitted for any changes of ownership or control of the Marijuana Establishment and be subject to approval by the LLA. F. All licenses must be posted under glass or equivalent protective surface and shall be posted on the licensed premises in a clear and conspicuous manner so that the same may be easily observed by a local inspector from a publicly accessible space. G. License applications under this chapter shall be made on a form or forms prescribed by the LLA. The fee for said license applications shall be set by the LLA. 1. License applications shall include a copy of the Applicant's full application with the CCC and a copy of the Applicant's final license. H. Every license issued under this section shall expire annually on June 30, unless sooner revoked. I. Records that are required to be kept by state law or regulation of marijuana purchased and sold must be available when requested by members of the LLA, Police Department, local enforcement officer, or any other authorized person or entity. J. Within thirty (30) days ofreceiving a renewal license from the CCC, a Marijuana Establishment shall submit a copy to the LLA.  7 K. Authority to inspect Marijuana Establishments for compliance and to enforce this Ordinance shall be held by the Building Commissioner, Zoning Enforcement Officers, Taunton Police Department, Taunton Fire Department, the Board of Health, the LLA and its authorized agents, or any other agency designated by the Mayor. Every Marijuana Establishment must permit any such authorized person access for the purpose of lawful inspection as a condition of its license. L. Violations 1. Violation guidelines. In the event that a licensee violates, or permits a violation of a law of the Commonwealth related to recreational marijuana; this chapter or any other City of Taunton ordinance related to recreational marijuana; or any rules and regulations promulgated by the LLA hereunder, the LLA may take the following actions, respectively: a. First violation: warning to seven-day suspension. b. Second violation: warning to thirty-day suspension. c. Third violation: seven-day suspension to revocation. 2. Prior Violations. Violations which occurred more than two years prior to the date of a violation shall not be used in calculating the number of violations for purposes of these guidelines. 3. LLA Discretion. The LLA may use its discretion in determining whether the facts surrounding a violation warrant action different than that suggested by the guidelines. These guidelines shall not be construed so as to limit the LLA's authority to impose additional conditions on a license when warranted. M. There shall be a rebuttable presumption that a recreational marijuana establishment which has received a local license under this chapter and either: (1) has not commenced operations within one year of the LLA's approval of its license; or (2) has not generated revenue at the location of the licensed establishment within one year of the LLA's approval of its license; or (3) is not current on fees owed under applicable law shall be ineligible for renewal of its local license, but the Municipal Council, notwithstanding this, may, in its sole discretion, extend the time period for additional six-month increments in order to achieve compliance with the foregoing. § 222-2 Certain setback requirements. A. Pursuant to MGL c. 940, § 5(b)(3), the 500-foot buffer zone found within said section is reduced to zero feet with respect to only such parcels of property within the City of Taunton that are: (1) within a Highway Business Zoning District; (2) within 500 feet of the property line of the parcel of land (Assessor ID 67-119) that contains Taunton High School, Parker Middle School and Elizabeth Pole School; and (3) separated from said school buildings by the Taunton River.  8 B. The Municipal Council shall not issue a local license to any marijuana retailer for a premises within 1,000 feet of the premises of another marijuana retailer holding an existing license under this chapter which is also classified by the Cannabis Control Commission as either an Economic Empowerment Priority Applicant or a Social Equity Program Participant pursuant to the Cannabis Control Commission regulations codified at 935 CMR 500.001 et seq. For purposes of this chapter, said 1,000 feet shall be measured in a straight line from the geometric center of the marijuana establishment entrance, unless there is an impassible barrier within those 1,000 feet. In the event there is an impassible barrier within said 1,000 feet, the distance shall be measured along the center of the shortest travel path for pedestrians or automobiles from the geometric center of the marijuana establishment entrance. SECTION 2. 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: Councilor Borges motioned for this evening's public input to be referred to the Law Department, the Chief Financial Officer, the Committee on the Department of Public Works, and invite Beta Engineering and the DPW Commissioner for a discussion. So Voted. Councilor Quintal stated that he would like to recognize Manuel Massa as he received a phone call this morning from a construction worker on how well he handled a stray dog found on the Silver City Galleria Mall Project. List of Documents and Other Exhibits: • Agenda • Mayor's List of Upcoming Community Events-April 16, 2024 • Petition by the residents of Colonial Estates submitted by Diane Walsh • Petition by the residents of Oak Hill Mobile Home submitted by Kathy Zorotheas Meeting adjourned at 8:29 P.M. A true copy: Je 'f~ ~ero/- Attest: L. City Clerk JLL/MAT  9 City of Taunton Municipal Council April 16, 2024 s-= n --1 -< --I :t>- (""):::<J );>- c:: -0 ::0 r=-rri The Committee on Finance and Salaries ::; N •1"1() :::0 fT1 n a N ?::;......: -'! z en< The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA --027~ in~ of'l Chester R. Martin Municipal Council Chambers. µ- ::x>- - rri 9 ,,..,,o :::0 n :::-;:: N rri Members Present: Councilor Phillip Duarte, Chairman er Councilor Estele Borges Councilor Scott Martin The meeting was called to order at 5:32 PM. 1. Approve minutes from April 9, 2024. Motion by Ms. Borges and seconded by Mr. Martin to approve. So voted. 2. 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 of$4,227,132. 70. So voted. Motion by Ms. Borges and seconded by Mr. Martin to approve the accounts payable warrant in the amounto/$1,486,228.04. So voted. 3. Meet to discuss the request to transfer $1, 700,000 from the Capital Stabilization Fund (84- 3580-8027) to the School Department. Mr. Duarte read the letter from Mr. Delio Russo dated 4/2/24 requesting the transfer. Mr. Dello Russo stated that the request is to transfer $1,000,000 to account 01-3-2-99-000-3300- 1-4 and $700,000 to account 01-3-2-99-000-2305-1-1. He noted that there are several active projects ongoing within the School Department. Motion by Ms. Borges and seconded by Mr. Martin to transfer $1, 000, 000 and $700, 000 from the Capital Stabilization Fund to the School Department. So voted. Motion by Ms. Borges and seconded by Mr. Martin to adjourn at 5:37 P.M So voted.  10 List o(Documents and Other Exhibits Used: The Cominittee on Finance and Salaries Meeting Minutes from 4/9/24 Payroll Warrant #165 Bill Invoice Warrant #164 List of items over $100,000 Letter from Patrick Dello Russo dated 4/2/24 CITY OF TAUNTON Respectfully submitted, APR 16 2024 IN MUNICIPAL COUNCIL ~ (__ C/JM)u__ Maggie E. Clarke Clerk of Council Committees Committee on Finance and Salaries April 16, 2024 Page2of2  11 City of Taunton Municipal Council April 16, 2024 The Committee on Police and License - REVISED The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. ~ (J Members Present: Councilor Jeffrey Postell; Chairman Councilor Estele Borges I ~- :.:.. -; -< ::-:> :::v Councilor Larry Quintal I c :z -I -0 ::0 .--rn I ·~o ' I N 0 <fl :::0 fT'J :z ;:;x:: :__ Also present; Detective William Rutherford u)< Detective Peter MacDougall ~ )> c::;rri p Kevin Scanlon, City Planner .-. -riD ....,, Bob Pirozzi, Building Inspector .t::' er " ~ Andy Amaro, Amaro Family Auto Edward Walsh, Chief of Police Arsenic Chaves, Safety Officer Mike Patneaude, City Engineer Fred Comaglia, DPW Commissioner Tony Abreau, Assistant DPW Commissioner Tricia Fernandes, 142 Whittenton Street Diane Fernandes, 142 Whittenton Street Phyllis Sink, 378 Washington Street Dana Brundage, 685 Bay Street The meeting was called to order at 5:39 PM. 1. Approve minutes from January 23, 2024. Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted. 2. Meet on the petitions to renew Fortune Teller Licenses: a. Dawn Lorraine at 159 Silverwood Drive b. Bissie's Palm Reading at 103 Main Street Detective Rutherford stated that there is nothing to prevent the renewal of these licenses. Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted.  12 3. Meet on the petitions for renewal of Hours of Operation Licenses: a. Cumberland Farms, Inc. dba Cumberland Farms #6766 at 660 County Street to stay open 24 hours a day, 7 days a week b. DDO New England, LLC dba Taco Bell Store #40880 at 700 County Street to stay open Sunday through Thursday from 8:00am until 2:00am and Friday through Saturday from 8:00am until 3:00am Detective Rutherford stated that there have been no issues during their hours. Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted. 4. Meet on the petitions for new of Hours of Operation Licenses: a. Shahnaz, Inc. dba Quality Fuel at 31 Winthrop Street to stay open 24 hours a day, 7 days a week b. Taunton RU Two, LLC dba Planet Fitness at 690 County Street to stay open 24 hours Monday through Friday and Saturday and Sunday from 7am until 7pm c. Wendy's Properties, LLC dba Wendy's at 2089 Bay Street to stay open Sunday through Saturday from 6:30am until 2:00am d. Wendy's Properties, LLC dba Wendy's at 41 Taunton Depot Drive to stay open Sunday through Thursday from 6:30arn until 2:00am and Friday and Saturday from 6:30am until 3:00am Detective Rutherford stated that there have been no issues any to prevent the licenses but noted that Quality Fuel has been robbed a couple of times during these hours. Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted. 5. Meet on the petition to transfer the Class II License for Amorim Auto Sales, Inc. at 265 Longmeadow Road. Detective Rutherford indicated that he has no issues and the gentleman came in to have his background done. Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted. 6. Meet to discuss the change of ownership and control and approval of manager for LMCC, LLC, a marijuana retailer establishment at 83 County Street. Detective Rutherford noted that they are getting ready to be approved by the State for their final license and the manager meets the criteria. Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted. Committee on Police and License April 16, 2024 Page2 oj6  13 7. Meet to discuss the request from Andy Amaro of Amaro Family Auto located at 515 Middleboro Ave, East Taunton to extend their Class II License. Motion by Mr. Quintal and seconded by Ms. Borges to invite the parties in. So voted. Detective Rutherford stated that he has no issues and that any issues are with the planning and building departments. Mr. Postell read a letter from Mr. Amaro dated 3/26/24 requesting an extension of his license. Mr. Scanlon stated that they received their approval from the Planning Board on 9/11/23 but have done nothing with it. Mr. Pirozzi noted that the conditions have not been met but he understands that they are working on a new site plan. Ms. Borges indicated that she spoke to the applicant who is working on a new site plan and she has no problem moving this forward. Mr. Quintal agreed that Mr. Amaro is doing all that he can to make things right. Ms. Borges asked for a timeframe on the new site plan and Mr. Amaro stated that he is working with Zenith Engineering and he hopes to have it in 30 days. Mr. Postell noted that Mr. Amara's letter requested an extension of 150 days and asked if that is sufficient time. Mr. Quintal suggested that 150 days is not sufficient. Mr. Scanlon suggested that Mr. Amaro be given 120 days to get the permitting in place and submit a timeframe with benchmarks and a date certain for completion. Motion by Ms. Borges and seconded by Mr. Quintal to extend the license for 120 days to allow permitting to be put in place, followed by a date specific on the completion ofsuch project to include all the permits, as-built plans, and occupancy. So voted. Motion by Ms. Borges and seconded by Mr. Quintal to go out of order and move to number 9. So voted. 9. Meet to discuss the topic of panhandling throughout the City. Mr. Postell read a letter from the Police Chief explaining that there are currently no enforceable laws on this issue in Massachusetts. His letter included a copy of a recent related Court decision. Chief Walsh stated that the Law Department agrees with his assessment. Committee on Police and License April 16, 2024 Page3 o/6  14 Mr. Pottier stated that he sees it as a safety issue and suggested sending something to the legislative delegation. Mr. Duarte asked if there is any legislation pending and Chief Walsh did not know. Ms. Borges suggested that they find out ifthere is any legislation that is being worked on. Motion by Ms. Borges and seconded by Mr. Quintal to return to the regular order of business. So voted. 8. Meet for an update and discussion regarding the Washington Street area in the vicinity of Jackson Street and Whittenton Street due to the numerous accidents Officer Chaves gave out data from a recent speed study and noted that he does not believe there is a significant speed issue since the average speed was 31 mph. He also provided nearly two years of accident data which showed that there were 25 accidents at E. Britannia and Washington, 21 at Whittenton and Washington, and 26 at Jackson and Washington. Mr. Postell asked ifthe radar device is noticeable and Officer Chaves stated that it is discreet. The average speed was 31 and the posted speed limit is 30. Officer Chaves showed pictures of the intersections and noted that the sight lines are very difficult. Ms. Borges agreed that it is very difficult to see at those intersections. Mr. McCaul stated that he believes it is difficult to see and noted the telephone pole and other obstructions. He suggested speed bumps or traffic calming measures be put in place. Mr. Martin suggested that comer lot zoning laws need to be enforced. Mr. Sanders suggested enforcement of speeding. Ms. Borges noted that traffic calming measures have been discussed in the past and would be difficult with plowing. Mr. Postell stated that these intersections are some of the most dangerous in the area. Ms. Borges indicated that this is similar situation to other intersections where four way stops were ultimately installed. Mr. Pateaude stated that they had a Zoom meeting with MassDOT. He indicated that the Jackson Street intersection is 115th most dangerous in the State and E. Britannia is 34. They are in the top 20 in the SRPEDD region. He suggested that they do a comprehensive study from Broadway to Jackson and noted that it would be approximately $30,000 for BETA to complete the study. Mr. Comaglia agreed on the suggestion of a traffic study and believes Committee on Police and License April 16, 2024 Page 4 of6  15 that the money would be well-spent. While this might be at no cost through SR)?EDD, this would take longer to complete as they would be on the wait list. Mr. Postell noted that most accidents are during the daylight hours which may suggest that this is a sight line problem. He was concerned with waiting for a study as there have been 29 accidents since the beginning of the year. Ms. Borges asked what could be done immediately and Officer Chaves suggested enforcement. Mr. McCaul asked if it would be possible to put up any sort of flashing sign and Mr. Abreau suggested using the flashing speed signs. Motion by Ms. Borges and seconded by Mr. Quintal to open public input. So voted. Tricia and Diane Fernandes of 142 Whittenton Street explained that accidents have been an ongoing issue for most of Tricia's life as they have lived there for 34 years. They expressed concern for the safety of kids. They noted that while visibility is an issue, speed is also a concern. Phyllis Sink of378 Washington Street suggested that speed on Washington Street is a major issue as well as the slight curve at James. She further reported that she has had two cars hit on the street and both were hit and runs. Dana Brundage of 685 Bay Street explained that she is a runner and she is afraid to run down that street. Motion by Mr. Quintal and seconded by Mr. Borges to close public input. So voted. Mr. Quintal suggested the use of a flashing speed sign. Officer Chaves stated that they could be installed quickly. Ms. Borges suggested that this matter stay in the file. Motion by Ms. Borges and seconded by Mr. Quintal to increase enforcement in the area, to send the request for a study to the Mayor 's office for fonding, and send a message to the Zoning Enforcement Officer to start enforcing the corner lot zone Ordinance. So voted. Motion by Ms. Borges and seconded by Mr. Quintal to excuse the parties. So voted. Committee on Police and License April 16, 2024 Page5 o/6  16 Motion by Ms. Borges and seconded by Mr. Quintal to adjourn the meeting at 6:48 PM So voted. List ofDocuments and Other Exhibits Used: The Committee on Police and License meeting minutes from January 23, 2024 Letter from Andy Amaro dated 3/26/24 Letter from Chief Walsh dated 4/9/24 Traffic study CtTY OF TAUNTON APR 16 2024 Respectfully submitted, IN MUNICIPAL COUNCIL Maggie Clerk of Council Committees REPORTSACCEPTED. RECOMMENDATIONSADOPTED. ~~~ CITY CLERK Committee on Police and License April 16, 2024 Page 6of6  17 City of Taunton Municipal Council April 16, 2024 The Committee on the Department of Public Works 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 J obn McCaul, Chairman Councilor Lawrence Quintal Councilor Barrj Sanders Councilor Scott Martin Councilor Jeffrey Postell (") --\ Also Present: Tony Abreau, Assistant DPW Commissioner -< n::D Fred Comaglia, DPW Commissioner 11"'' f"\"1C· Brad Fitzgerald, SFG Associates :::::ir-·, :>:.-· • r'" Matt Costa, City Solicitor· ~.fl "'- _ r··, Christine Clymens, Treasurer-Collector ~.o Craig DeMoura, 1 Sabbatia Lane ··n Brian Gillis, Eversource The meeting was called to order at 6:50 PM. 1. Approve Minutes from March 19, 2024 Motion by Mr. Postell and seconded by Mr. Quintal to approve. So voted. 2. Sewer Extension - Mulvaney Street In accordance with Chapter 375-1 of the City of Taunton Ordinance and on the petition of Senna Fitzgerald Gilbert Associates, 28 fy1ain Street, Lakeville, MA on behalf of Antonio Bairos, Trustee of A.L.E. Realty Trust, owner of property on Mulvaney Street known as Assessors Map 38, Lot 128 and Map 31, Lot 363-364, Talinton, MA, 02780, a hearing will be held before the Taunton Municipal Council Committee on the Department of Public Works in the Municipal Council Chambers, City Hall, 15 Summer Street, Taunton, MA 02780 on Tuesday, April 16, 2024 at 5:30 p.m. for a proposed sewer extension on Mulvaney Street. The project will consist of the installation of an approximately 400' ex.tension of an 8" diameter gravity sewer main. The new main will tie into an existing manhole in Whittenton  18 Street, at the beginning of Mulvaney Street. The job must meet all standards of the City of Taunton Department of Public Works including, but not limited to, trench work and permits, road openings, and sewer installation. The Contractor will be responsible to contact Dig- Safe and all appropriate utility companies prior to the start of the project. There will be no betterment assessments since no City funding is involved. Plans and specifications for the project can be viewed in the Office of the Department of Public Works, 90 Ingell Street, Taunton, MA. The Clerk of Committees read a letter from Brad Fitzgerald requesting the extension. Motion by Mr. Postell and seconded by Mr. Sanders to make that part of the record So voted. Motion by Mr. Quintal and seconded by Mr. Postell to invite in the parties. So voted. Mr. Fitzgerald explained the details of the project which includes an 8" main, gravity fed. Mr. Comaglia and lVIr. Abreau expressed their satisfaction with the proposed plan. Motion by Mr. McCaul and seconded by Mr. Quintal to open public input. So voted. Motion by Mr. Quintal and seconded by Mr. Postell to close public input. So voted. Motion by Mr. Quintal and seconded by Mr. Sanders to approve. So voted. 3. Meet for the continued discussion on the abatement request of Craig DeMoura for parcel 23- 235. The Clerk of Committees read a letter from Attorney Costa dated 3/26/24. Motion by Mr. Quintal and seconded by Mr. Postell to make that part of the record So voted. Mr. DeMoura stated that he was only recently asked to file an abatement form. He previously was told he didn't need an abatement. Mr. Quintal asked about Mr. DeMoura's tax bill and asked where the assessment can be seen on the bill. Motion by Mr. Quintal and seconded by Mr. Postell to make the tax bill part of the record So voted. Mr. Quintal stated that he is not comfortable with the situation and that there must be something that can be done. Committee on the Department ofPublic Works April 16, 2024 Page2 of4  19 Mr. Sanders stated that while he is sympathetic, there does not appear to be a legal way to pay this or waive this. The challenge is finding a legally defensible action. Mr. Sanders suggested that Mr. PeMoura might need to sue the City. He confumed with Attorney Costa that his opinion is that there is no legal way to resolve this. Mr. Postell asked if there is a system in place to "stop the bleeding" now and moving forward and Mr. Costa stated that this is an assessment or lien against the property. Mr. Sanders asked if the City is confident that Mr. DeMoura was notified and Ms. Clymens said she is confident that he was notified going back to 2005. Motion by Mr. Quintal and seconded by Mr. McCaul to grant the abatement to Mr. DeMoura. Ms. Borges stated that the struggle in her mind is that he was told to file an abatement but there never should have been a sewer stub installed in the first place. Mr. Pottier stated that a betterment is for the benefit of the people. The stub was put in incorrectly so there was likely an error made by the contractor but the error is not due to the resident. He suggested that the City should try and find a way to remedy the situation. Mr. Sanders stated that he understands that an abatement is not the path forward but he believes it is on the City to remedy this situation Mr. Martin asked for the total of the bill and Ms. Clymens indicated that it is approximately $12,000. Mr. Martin asked, if Mr. DeMoura pays, this would go away and Ms. Clymens stated that the lien would go away. Ms. Borges asked what would have happened had he not filed an abatement and stated that the City should fmd a way to help this gentleman. Mr. Quintal withdrew !tis motion. Mr. Pottier suggested a motion to refer to the Mayor's Office and CFO Dello Russo. Motion by Mr. Sanders and seconded by Mr. Postell to refer this matter to the Law Department, the Mayor's Office, the CFO, and the Treasurer/Collector to meet with Mr. DeMoura and come up with a solution that could potentially avoid costly litigation and do right by Mr. DeMoura who appears to be on the hook for $12, 000 through no fault ofhis own. So voted. 4. Meet to discuss the request from the DPW to accept payment from Eversource in lieu of Agreement. Committee on the Department ofPublic Works April 16, 2024 Page3 o/4  20 Mr. Comalia and Mr. Abreau explained that in some situatlons, when roads were opened, Eversource did the binder course but not the top course. The City had paved these roads making it unnecessary for Eversource to pave the trench as agreed. In those cases, they calculated the financial equivalent and Eversource and the City came to an agreement on the amount. A vote of the Committee is necessary to accept the payment. Motion by Mr. Sanders and seconded by Mr. Postell to accept the check So voted. Motion by Mr. Quintal and seconded Mr. Postell to excuse the parties and adjourn the meeting at 7:50 PM So voted. List o(Documents and Otlter Exhibits Used: Meeting minutes from the DPW Committee from 3/19/24 Letter from Brad Fitzgerald dated 3/12/24 Letter from Matthew Costa dated 3/26/24 CITY OF TAUNTON APR 16 2024 Respectfully submitted, IN MUNICIPAL COUNCIL ~e-~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. '-Y...vi>\;IVVU".vLv. ~~ Committee on the Department ofPublic Works Aprill 6, 2024 Page 4 of4  21 CITY OF TAUNTON 0RDER#22 FY 2024 ~ ~ Co-tUZCii . . . . . . . . . . .~r..~~-~-!.?.?.~~.~~-·························· 20.............. &~:7£d The sum of one million seven hundred thousand dollars and zero cents ($1, 700,000.00) be and hereby is transferred as follows: · From: 84-3580-8027 (Capital StabilizationAccount) $1,000,000 to 01-3-2-99-000-3300-1-4 (School Department) $700,000 to 01-3-2-99-000-2305-1-1 (School Department) ................................................................ ~k£.