City Council

City of rtaunton 9dunicipalCouncil9deetin9 9dinutes City Jfa[{, 15 Summer Street, rtaunton, ~ In tne Cnester ~ 9dartin 9dunicipalCouncil Cnam6ers - 9dinutes, 9day 21, 2024 at 7:02 0 1 cCoc~/P.9d. Cl'f.etfee ofJl{{egiance ~guCar ;Meeting Counci{Cl'resid"ent Cl'ottier presiding Cl'rayer was offerea 6y CounciC Cl'resid"ent Cl'ottier Cl'resent at roCl caClwere: Councifors 9rf.cCau~ :Martin, Cl'ottier, Sanders, Quinta~ Cl'ostef4 (J)uarte ana(J)ooner CounciCor <Borges was a6sent. Record of May 14, 2024 meeting was read by title and approved. So Voted. Opportunity for input by the general public. Tavheedah Mateen, Public Affairs Specialist with the U.S. Small Business Administration, stated that she is here to speak about what is available to constituents in Massachusetts. She stated that homeowners, renters, nonprofit organizations and businesses are submitting their application to the SBA. She stated that FEMA and the SBA do work together, however, there is no longer a referral process with the FEMA reform. She stated that survivors who were injured with the flooding last September are recommended to apply with FEMA and at the same time with the SBA. She stated that the deadline is July 17th and businesses have until February 18, 2025 to submit an application for a working capital. She stated that she will supply a digital fact sheet. Council President Pottier asked that Ms. Mateen give her information to our Economic Development Team. Rick Murray, 10 Woodlawn Street, East Taunton, stated that he is presenting a petition from the residents of Woodlawn Street requesting that the City Council overrule the decision to change all of the house address numbers on Woodlawn Street as they feel it is unnecessary and would cause hardship on the residents. He discussed that residents will need to change their deeds, their insurance, their licenses and other documents. Mr. Murray submitted the petition to the City Clerk. Motion was made to make the petition a part of the record. So Voted. Kim Dorsey, 44 Woodlawn Street, East Taunton, stated that her parents built her house in 1968, therefore, she has been in this neighborhood for a while. She stated that it is ridiculous to change the house numbers and that this is a huge inconvenience. She discussed that the GPS system brings people to the correct house.  2 Eileen MacKinnon, 10 Woodlawn Street, East Taunton, stated that she has lived at her residence for 18 years and that her house has been number "1 O" for 124 years. She discussed that changing the house numbers will cause a major inconvenience and hardship to the residents. Phillip David, 88 Woodlawn Street, East Taunton, stated that he has lived at his residence for 13 years. He stated that he reached out to City Hall and was transferred to someone on the Planning Board. He stated he was told that this is happening because it is a safety issue and that the Fire Department and the Police Department all agreed. He stated that he has two close friends that are firefighters and two close friends that are cops who have said that it is not an issue. He discussed that this will cause issues with his insurance policy and mortgage. He stated that if this moves forward, he will be involving his lawyer and expects compensation or road improvements. Steven Simmons, 17 Woodlawn Street, East Taunton, stated that he holds five (5) different licenses in Massachusetts that will have to be changed. He stated that he spoke with the Mayor's Office and they advised that he speak with the City Engineer. He stated that the City Engineer discussed that this is safety driven. He stated that he called his insurance company to inform them and they advised him to reach out to his mortgage company. He stated that when he spoke to his mortgage company, he was told that his deed will need to be changed. He stated that he called William Galvin's Office and they agreed that changing an address can cause astronomical expenses. Councilor Sanders motioned to refer this matter to the Mayor's Office, the Law Department and the Committee of the Council as a Whole, and asked that the administration provide a response and additional information to the Council for next week, and will refer to the Council President to schedule this matter with the Committee of the Council as a Whole. So Voted. Phillip David, 88 Woodlawn Street, East Taunton, was allowed to approach the podium and stated that he was informed by his friend who is a firefighter that Oakland Street has placard's listing the street numbers and perhaps this could be a compromise for their street. Councilor Pottier stated that the Fire Department does provide these to residents, however, there is a charge. Steven Simmons, 17 Woodlawn Street, East Taunton, was allowed to approach the podium and stated that the City already has the numbers determined and that his number will be "90". He stated that he will need to know in advance if this is moving forward as he needs to start the process of changing his licenses right away as this could put him out of work. Hearing: On the petition submitted by the City of Taunton to allow: Proposed Changes to the Taunton Zoning Ordinance dated April 2, 2024 Section 440, Attachment 3 Intensity of Use Table §440-201 Definitions §440-602 Bulk and Dimensional Requirements §440-702 Landscaping  3 §440-702 B Parking Lots §440-703 Corner Lots §440-704 Off Street Parking §440-711 Accessory Structures Article XV Site Plan Review §440-1501 Purpose and Authority §440-1502 Site Plan Review Thresholds §440-1503 Basic Requirements §440-1504 Application and Review Procedure §440-1505 Specific Findings Required §440-1506 Conditions, Limitations and Safeguards §440-1705 Density and Dimensional Requirements §440-1707 Other Design Requirements Motion was made to open the hearing and invited the City Planner into the enclosure. So Voted. The City Clerk read a com. from the Chairman, Taunton Planning Board stating that on May 2, 2024, the Taunton Planning Board held a public hearing on the proposed changes to the City of Taunton Zoning Ordinance dated April 2, 2024. The Planning Board voted (5 members in favor, 1 member opposed, 1 member absent) to send a positive recommendation to the Municipal Council on the following: Section 440, Attachment 3 Intensity of Use Table, Section 440-201 Definitions, Section 440-602 Bulk and Dimensional Requirements, Section 440-702 Landscaping, Section 440-703 Corner Lots, Section 440-704 Off Street Parking- under A (4) Residential Units, Section 440-711 Accessory Structures, Article XV Site Plan Review - Section 440- 1501 thru 1506- Purpose and Authority, Section 440-1705- Density and Dimensional Requirements. The Planning Board voted (4 members in favor, 2 members opposed, 1 member absent) to forward a positive recommendation to the Municipal Council on the foHowing: Section 440-1707 - Other Design Requirements. The City Clerk stated that the complete red- lined proposed changes to the City of Taunton Zoning Ordinance dated April 2, 2024 were included. Council President Pottier confirmed with Mr. Scanlon that this matter went before the Committee on Zoning and was discussed in detail. Council President Pottier confirmed with Mr. Scanlon that the changes were put forward unanimously. Mr. Scanlon stated that they went through this during the Committee and the full Council was present to hear the presentation, then it was referred from the Council for the hearing process, then referred to the Planning Board for their recommendations and now they are back this evening for the hearing for adoption. Council President Pottier stated that this was long overdue as it has been many years since changes were made. Motion was made to open public input for this hearing. So Voted. No one spoke during public input. Motion was made to close public input. So Voted. Motion was made to approve the petition on a roll call vote. On a roll call vote, eight (8) Councilors were present, eight (8) Councilors voted in favor. Councilor Borges was absent. The motion passes. Motion was made to close the hearing. So Voted. On the petition of Attorney Daniel F. de Abreu, BRCSM, 174 Dean Street, Unit B, Taunton, MA 02780 on behalf of his client SAN Holdings, LLC, 21 Second Street, Taunton, MA 02780 for the issuance of a Special Permit to allow a 1,953 sq. ft. Marijuana Retailer at 235 Hart Street (Parcel 94-215 and 94-152), Taunton located in an Industrial District. Motion was made to open the hearing and invite the interested parties into the enclosure. So Voted. The parties introduced themselves as Emily Buck,  4 representing Bowman, who completed the traffic study for the project; Brian Dunn, Principal of MBL Land Development, located at 5 Bristol Drive, Easton, who are the Civil Engineers and Land Surveyors of record; Tracy Duarte, Director of Engineering for MBL Land Development; Attorney Daniel de Abreu, BRCSM, representing the petitioner; Jacques Barbour, 9 Greystone Avenue, Taunton, MA, a principal member of SAN Holdings, LLC; Sandra Nasrawi, 30 Clarks Cove, South Dartmouth, MA 02748, a member of SAN Holdings, LLC; Tanios Barbour, 21 Second Street, Taunton, MA 02780. The City Clerk read a com. from the City Planner regarding a Special Permit request for a 1,023 sq. ft. marijuana dispensary with 930 sq. ft. of offices at 235 Hart Street located in the Industrial District. The petition has received a Site Plan Review approval, which is attached. A modification will not be necessary unless the special permit is granted with conditions that alter the site layout. He has no recommended additional conditions. The City Clerk began to read the Development Impact Review Board approval submitted by the City Planner, which states that on April 23, 2024, the Development Impact Review Board met to review the application of San Holdings LLC, 21 Second Street, Taunton, MA 02780 for a Site Plan Review for 1,023 sq. ft. marijuana retail dispensary with 930 sq. ft. office space on parcel 94-215 and 94-152, 235 Hart Stneet, which requires a Site Plan Review from the Planning Board. In considering the petition, the DIRB familiarized itself with the premises and examined the location, layout and other characteristics. After reviewing the petition, plans and testimony, the DIRB finds that the petition was formally sufficient and submitted and reviewed in accordance with the procedures set forth in the Zoning Ordinance and that proper notice was given. Motion was made to forego the reading of the conditions. So Voted. The following conditions were listed: 1. The plans dated April 3, 2024 shall govern with the following additional conditions; 2. Lighting shall not illuminate any portion of abutting properties; 3. The site shall be kept clean and clear of debris; 4. Two sets of as-builts shall be submitted upon occupancy for all work on site and shall include design engineer and land surveyor certification notes stating the development has been built according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks, etc.; 5. Two sets of updated plans shall be provided that conforms to this decision prior to Building Permit; 6. Compliance with a Conservation Commission Order of Conditions #3077 for this project; 7. Parcels shall be combined via a recorded 81X plan and new deed prior to Building Permit; 8. Extend the stockade fence on the easterly side to a point 25 feet off the front property line; 9. Trim the tree line back west of the entrance to the existing guardrail back 10 feet; 10. A landscape plan conforming to section 440-702 for interior and perimeter landscaping shall be provided; 11. Dumpsters shall be kept closed at all times, be located on a concrete pad, be emptied regularly and be enclosed in a fenced area with a 6 foot stockade fence or equivalent; 12. Close off the curb cut on parcel 94-215. Notes: 1. DPW Permits are required including City licensed contractor, road opening and trench permits. Plans shall be submitted to the DPW for water services, fire service line, gate valves and curb stops; 2. DPW specifications shall apply including backflow devices, pressure testing, materials, installation, inspection and approval and prior notice is required before any City water work is to be performed and inspections are required prior to backfilling; 3. Compliance with the letter from the Commission on Individuals with Disabilities dated April 21, 2024 regarding this project. The City Clerk stated that there is a copy of the Planning Board Site Plan Review Decision. Motion was made to forego the reading of the conditions. So Voted. The City Clerk began to read a com. from the Chairman, Taunton Commission for Individuals with Disabilities stating that the Taunton Commission for Individuals with Disabilities has reviewed the following site plan with  5 comments as follows. Motion was made to forego the reading of the conditions. So Voted. The following comments were listed: All AAB/ADA regulations be followed for both interior and exterior; entrance door on an accessible route; handicapped parking provided per code (signage, location); signage for accessible parking spaces (International Symbol of Accessibility) per 521 CMR 41.00; meet all AAB/ADA requirements for accessible bathrooms: turning radius, location heights of toilet, sink, paper towels, toilet paper, mirrors, etc. Location height and length of grab bars per AAB; meet all AAB/ADA requirements for interior of retail store including: access between aisles, counter height and length for accessibility for checkout. She questioned if the second floor is open to the public or staff only. If it's open to the public, stairs need to meet all AAB/ADA requirements and there needs to be access to the second floor for individuals with mobility impairments by elevator. The City Clerk read a com. from the City Engineer stating that the Engineering Office has reviewed the plans submitted as part of the Special Permit for property at 235 Hart Street and has no additional comments from the comments submitted as part. of the Site Plan Review. The City Clerk began to read a com. from the Water Superintendent stating that City water is available from the existing 12" City water main that ends on 235 Hart St. Water main needs to be extended on Hart St. with the 12" to the proposed property; plans are required and need to be submitted to the DPW for water services, hydrants, fire service line, gate vales and curb stops; DPW permits are required including: City licensed contractor, road opening, and/or trench. Motion was made to forego the reading of the conditions. So Voted. The following additional comments were listed: DPW specifications apply including: Pressure testing, fire flow test, materials, installations, new water meter with an updated radio frequency unit, inspection, and approval; DPW specifications apply including: any backflow devices must be inspected by the Plumber Inspector or City Inspector; Prior notice is required before any city water work is to be performed, and inspections will be required before backfilling; City reserves the right to change these terms and conditions at any time. The City Clerk read a com. from the Fire Inspector stated that he has reviewed plans for the proposed marijuana retail facility and determined sufficient fire department access exists. The City Clerk stated that two maps of the location have been included. Motion was made to make the above listed communications a part of the record. So Voted. Attorney de Abreu stated that they are here for a Special Permit for a retail only marijuana establishment at 235 Hart Street and parcel 94-215. He stated that the Municipal Council has previously granted a Special Permit for an establishment at the immediately adjacent location. He stated that there is nothing about this new proposal that, in his opinion, should cause the Council to come to a different conclusion then it did when it considered the petition the first time around. He stated that after receiving the Special Permit and Site Plan Approval for the former proposal, it was determined that the amount of fill that was required to bring that site up to spec was cost prohibiting. He stated that they were determined to succeed and therefore the petitioners purchased the immediately adjacent parcel, and on that parcel is an existing single family home. He stated that the proposal is to combine those two lots, 235 Hart Street and parcel 94-215 into a 2.14 acre parcel, on which will be a 1,953 sq. ft. establishment, with 1,023 sq. ft. of retail and 930 sq. ft. of office area. He stated that this project is in the Industrial District. He stated that this is a significantly smaller establishment than what was previously proposed and approved. He stated that the prior project was a total of 7,000 sq. ft., with 3,500 sq. ft. being retail space and 3,500 sq. ft. being cultivation. He stated that this proposal is for retail only and there is no cultivation being proposed at the site. He stated that the traffic study from the original proposal determined that the traffic projected to be  6 generated would not have a significant impact. He stated that they will be presenting updated data this evening to reflect the new proposal and as the new proposal is evening smaller, there will be even less of an impact. He stated that the site lines are adequate and are actually improved from the original proposal as the entrance is slightly eastward of where it was before. He stated that this proposal has already gone before the Planning Board for a Site Plan Review and the Planning Board advised that there be separate access points for the entrance and the exit, therefore there is a revised plan that will be presented during the presentation this evening from what was originally submitted. He stated that the existing structure will be renovated and will comply with all setbacks and all other dimensional requirements. He stated that the current revised plan shows eleven (11) parking spaces, which is more than what is required under the Ordinance. He stated that the hours of operation will be from 10:00 AM until 7:00 PM daily. He stated that the establishment will not be open during the morning commute and therefore will have no effect on the morning commute traffic. He stated that customers will be served by reservation only and will check online for an available time slot, which will regulate the amount of traffic coming to the site at any time. He stated that there will be tasteful and conservative signage, otherwise the building will blend seamlessly into the neighborhood and to a large extent maintain the appearance of the house that is there now. He stated that the petitioner does have social equity status. He discussed that in terms of the Host Community Agreement, he has submitted a request to the City that the Council amends the existing Host Community Agreement to reflect the new site, which will no longer include cultivation, as well as an extension of the date to operate. He discussed that the Special Permit is one more step towards the ultimate goal of opening the establishment. He stated that the petitioners have reached out to the neighbors, in particular the neighbors who are immediately next door to the proposed establishment, and have reached an agreement to extend the existing fence that separates the two properties further towards the street, to a point that is twenty-five (25) feet away from the street in order to afford more privacy to those individuals. He stated that there will also be plantings to be provide additional screening all year round, subject to the approval of the Cannabis Control Commission. He stated that another concern of the neighbors was that the security cameras would not be pointed at their property, which is in fact the case. He stated that they were previously before the Planning Board and the project has also been presented to the Conservation Commission by his colleagues. He stated that the establishment meets the required buffer zone with respect to Bristol Plymouth Regional Technical School and is located on the other side of Route 24, which he submits is deemed an impassable barrier. He stated that the security for the establishment is strictly regulated by the Commonwealth. He stated that no entry is permitted without a valid identification and no one under the age of 21 is admitted into the establishment. He stated that a larger project has been approved at virtually the same location. Jacques Barbour used a slide presentation to discuss the members of SAN Holdings, LLC, which include himself, Tanios Barbour and Sandra Nasrawi. Ms. Duarte discussed that the original Special Permit was issued on June 7, 2022 to allow a 7,000 sq. ft. marijuana cultivation and retail facility. She stated that the current proposal is for a 1,953 sq. ft. marijuana retail only facility. She stated that they recently received a Planning Board approval on May 8, 2024 and a Conservation Commission approval on April 23, 2024. She used a slide presentation to display Map 94, Lot 215, which is where they were previously approved, as well as Lot 152, which is 235 Hart Street, which will be converted into the facility. She stated that they are proposing the combine both parcels and the internal property line between them will be removed and that will be recorded prior to obtaining the building  7 permit. She displayed the site layout that was submitted to the Planning Board, which shows the site entrance, ten (10) parking spaces and a twenty (20) foot gravel drive in the rear of the property for fire and dumpster access. She stated that the red portions of the display are what will be demolished, as well as the deck and the shed in the back of the property. She stated that they are proposing a low impact drainage system for the site and all storm water run-off will be infiltrated on site. She displayed the grading plan, which includes the recommendation of the Planning Board to have a separate one-way entrance and one-way exit and noted that this allowed them to gain an additional parking space, making the total eleven (11) parking spaces. She displayed that the site has adequate maneuvering capability for firetrucks and delivery trucks. She displayed the proposed landscaping plan, which was designed per the zoning landscaping requirements and noted that there is a buffer around the front and sides of the site. She displayed the existing fence, which is located on the right of the site, and discussed that the fence will be extended until twenty (20) feet from the property line as per the Planning Board decision. She discussed that the site distance is adequate. She displayed a lighting photometric plan, which shows that there is no lighting from the site going onto the street nor to the abutters. She displayed the current site and the abutter who would have the biggest impact. She displayed a zoning slide to show that their project is in the Industrial Zone. She displayed some renderings done by the architect. She discussed that the garage doors will be removed and the public entrance will be moved to the side of the building. She displayed and discussed the proposal for the first floor, which shows that the current garage area will be where the retail operation will be. She stated the left-side of the existing house will be converted into a break room, office space and restroom for employees. She displayed and discussed that the second floor will be converted into 180 sq. ft. of office space. Ms. Buck discussed that the traffic study was completed and submitted in March of 2022. She stated that they collected turning movement counts in March of 2021 during weekday school dismissal hours of 1:OOPM until 6:00PM and midday on Saturday. She stated that they applied a COVID adjustment to those numbers by looking at 2019 data and from there projected the volumes to a seven year project horizon. She stated that their study used the trip generation associated with the original site. She displayed the capacity analysis, which indicates minor project impacts to the study area. She stated that the site lines did meet the requirements based on the operating speeds along Hart Street. Attorney de Abreu stated that he has the original traffic study and a business plan. Council President Pottier stated that he can submit these items to the City Clerk for the record. Councilor Dooner stated that she would like to clarify that the petitioners understand that they are required to replace and extend the seven-foot stockade fence along the property line. Mr. Dunn stated that this is what the decision states from the Planning Board and that they are replacing and extending the fence to about twenty-five (25) feet from the right of way. Jacques Barbour stated that they are working with the neighbor to try to match the fence and told them that they will do some cost-sharing and do have an agreement with them. Attorney de Abreu stated that they intend to fully abide by the condition listed in the Site Plan Review. Councilor Duarte stated that he respectfully disagrees with Attorney de Abreu and that this is significantly different. He stated that he voted for this project last time because that parcel was as far away from the residences as they could get on this side of the highway, the proposal where the actual structure would be was located farther back and off of the road and there would have been a tree line to block its view from the roadway and was not as meshed into the neighborhood as this proposal. He stated that he does not view this as being in conformity with the rest of the neighborhood and will not be supporting the project this  8 evening. Councilor Postell asked for clarification on the number of parking spaces. Ms. Duarte stated that there will be eleven (11) parking spaces. She stated that the plan that was submitted at the Site Plan Approval had ten (10) parking spaces, however, at the meeting they requested that the layout be revised to include a separate entrance and exit, which created an additional parking space. She stated that the updated plan will be submitted. Councilor Postell asked for clarification regarding the separate entrance and exit. Ms. Duarte displayed the revised plan showing the separate entrance and exit. Councilor Quintal stated that it seems they have done everything they could to satisfy the neighborhood and that he will be supporting this project. Councilor Sanders questioned what tpeir current status is with the CCC. Attorney de Abreu stated that in order to move forward, the HCA needs to be amended to reflect the new parcel as proposed and then it can be revived. Councilor Sanders noted that he appreciated the street visual that is proposed. Councilor Sanders questioned how they intend to repair the lot that has been cleared. Attorney de Abreu stated that there are thoughts of future development of the lot, however, there is nothing solid but in the interim they can take steps to make it look nicer. Mr. Dunn stated that when they initially got Site Plan Approval for the property next door, they started clearing and constructing for the plans that were approved. He stated that the trees were cut down as part of that process, however, they were not stumped and over some period of time will start to revegetate. He stated that they have been discussing the next steps with Jacques Barbour and will expect that something will be placed there. Jacques Barbour stated that there are two parcels, one of the parcels is one (1) acre that is associated with this project and the other is twelve (12) acres that they are intending to use for non-cannabis related use. Councilor Martin stated that he wants to ensure that the neighbor's site line has clearance to make sure that they can get out of their driveways safely. He stated that the main concern of the residents in that area is the traffic. He stated that the intersection of Poole Street and Hart Street is the 5th most accident prone in the City. He discussed that the cars will be stopping into the business, which will cause more traffic. He stated that the speed limit in that area is 40 mph and that residents already have a difficult time getting out of Old Hart Street and Williams Street. He stated that the concern from residents is that they are creating a bottle neck. Attorney de Abreu stated that he heard at the Planning Board meeting that in conjunction with the construction of the new high school, there will be some changes that should help that traffic situation. He stated that the impact of this project is projected to be minimal and they are operating by appointment only, therefore, there should not be car after car pulling in and pulling out. Councilor Martin stated that these are the concerns of the residents who live in that area and although they did not create the traffic, this project will be adding to it. He discussed that the train will also be adding to that traffic. Ms. Duarte stated that traffic studies are required to be conducted based on the total square footage of the building, however, this business will be conducted by appointment only. Councilor Martin discussed that this is a very congested area. Councilor McCaul stated that they have done their homework and it seems that the neighborhood has no issues with the business being there. He stated that they have received positive recommendations from the Planning Board and the DIRB. He stated that he would like to see this move forward and that this project has his support. Councilor Postell applauded their efforts to factor in the impact of COVID on their traffic study. He questioned if the traffic study is conducted based on the square footage of the building in terms of what they are getting for clients coming in for appointments. Ms. Buck discussed how the numbers are generated and that the trip generation data is based on square footage, taking into account the need for office space and that the appointment only factor is a unique  9 aspect of this project. Councilor Postell discussed that the appointment only status could change at any time and that the Council only has the authority to approve the hours of operation. He questioned whether the traffic study is based on appointment only or on the retail factor. Ms. Buck stated that it is based on the total square footage of the whole building. Councilor Postell stated that most people will not know, unless they visit the website, that this is not an open retail establishment and it is by appointment only and as a result the traffic could be impacted. He stated that he understands the concerns of the residents. He questioned if the community outreach only included the immediate abutters. Attorney Abreu stated that they have reached out to a few other residents in the neighborhood. Jacques Barbour stated that they had a regular community outreach meeting and then they went on foot to the neighbors. Councilor Postell asked what the response of the neighbors was. Jacques Barbour stated that overall this was a positive experience. He stated that some residents expressed traffic concerns, however, it was primarily directed at the construction of the Bristol Plymouth Regional High School. He stated that there were concerns expressed about security and the type of clientele. He stated that they are aiming for an upscale establishment. He stated that they are using an appointment system as they would like to take the time to explain the products to people. Councilor Postell questioned whether there are any plans for expansion. Jacques Barbour stated that there are no other options for cannabis use at this site. Councilor Postell stated that this is not a creation, but an addition to the already existing traffic challenges in that area. Councilor Postell confirmed with Mr. Barbour that they will have all of the required security measures. Attorney de Abreu stated that it is pertinent that the Council did approve this before and that this project will have even less traffic than the project that was previously approved. Councilor Postell stated that the Council did support the project, but it was not a unanimous vote. Council President Pottier questioned whether this is properly zoned and an accepted use at that site. Attorney Gay stated that as it is in the Industrial Zone, it is properly situated. Council President Pottier questioned whether Ms. Buck and her firm are accredited to perform traffic studies and in her best opinion, these numbers represent their analysis. Ms. Buck confirmed that this is correct. Council President Pottier questioned what the basis is for the social equity. Jacques Barbour stated that he earns social equity by being certified and that Taunton is identified as having economic development impact. Council President Pottier stated that in regards to the buffer zone, Greatest Hits had a similar issue and that the river separates their business from Taunton High School. Motion was made to open the hearing for public input. So Voted. J.P. Marcoux, 40 Summer Street, Taunton, expressed concern about people going into the dumpster looking for marijuana. Motion was made to close public input. So Voted. Councilor Sanders motioned to approve the Special Permit, understanding all of the required conditions and that the assurances made to the neighbors are a part of the conditions. On a roll call vote, eight (8) Councilors were present, five (5) Councilors voted in favor (Councilors McCaul, Pottier, Sanders, Quintal and Dooner), three (3) Councilors were opposed (Councilors Martin, Postell and Duarte). Councilor Borges was absent. The motion does not pass. Attorney Gay stated that since Councilor Borges was not present, she will need to watch the full hearing and sign the form. Motion was made to reconsider on May 28, 2024. On a roll call vote, eight (8) Councilors were present, eight (8) Councilors voted in favor. Councilor Borges was absent. The motion passes. Council President Pottier thanked the applicants for coming in this evening and apologized that all nine (9) Councilors were not able to be present this evening. Attorney de Abreu asked whether they would be expected to re-present their petition. Council President Pottier stated that they will re-  IO open the hearing and any further questions from the Council will be welcomed. Motion was made to excuse the parties. So Voted. Communications from the Mavor: Com. from Mayor O'Connell stating that as the weather begins to warm, the City has been working hard to prepare for the boating season at Lake Sabbatia. An annual pass for the boat ramp parking lot has been approved by the Parking Commission and the MA Department of Fish & Game. The cost of the annual pass is $50 and can be purchased at the Taunton Police Department Monday-Thursday from 8am until 4pm, and Friday from 8am until 12pm. The sonar treatment dates for Lake Sabbatia are scheduled for July 1st, July 22nd and August 12th. (Please note these dates may be subject to change.) As in previous years, access to the lake will be restricted on these days with notice being posted on the City website, City Facebook page and on an electronic sign at the boat ramp. Harvesting of water chestnuts at the lake is tentatively set to occur between July gth and July 31st. Buoys have been purchased and will be installed in the coming weeks to mark the "no wake" zones at the lake. The Procurement Department has been working with the Conservation Commission to purchase an electronic gate which will allow more efficient opening and closing of the boat ramp parking lot. Parking enforcement is in full effect on the weekends to ensure that the boat ramp parking lot is utilized only by vehicles with watercraft and in accordance with all parking requirements. Following the start of the boating season after Memorial Day, Taunton Police will be patrolling out on the lake on the weekends. The Environmental police will hopefully supplement their efforts as manpower allows. Motion was made to receive and place on file. So Voted. Council President Pottier expressed gratitude to the administration and stated that there have been many great improvements on the lake. Councilor McCaul expressed gratitude to the administration for moving this forward and that there have been many great improvements on the lake. Councilor Quintal apologized to the administration as he was not aware this was in the works when he brought this item up under new business last week. Council President Pottier stated that the community update is listed in the agenda packet. He discussed that the Memorial Day parade will take place on Monday, May 27, 2024. Appointments: Appointment of Richard Griffith, 10 Sheridan Street, Taunton to the Airport Commission to fulfill the unexpired term of Ken Gibson which expires in June 2024. Motion was made to approve. So Voted. Appointment of Lawrence Silvia, 75 Joshua Lane, East Taunton to the Taunton Redevelopment Authority (TRA) for a term of two years expiring May 2026. Motion was made to approve. So Voted. Communications from Citv Officers: Com. from the Chairman, Taunton Planning Board stating that the Taunton Planning Board is in receipt of a Roadway Improvement Plan for Wilmarth Street. The proposal is to extend the existing roadway approximately 100 feet towards Cohannet Street for frontage for one lot (property I.D. 77-253 & 77-252). The new asphalt will be 24 feet wide matching the existing asphalt within the layout. The existing sewer main will be  11 extended for approximately 80 feet and the water main will be extended approximately 65 feet and a new fire hydrant will be installed at the end of the water main. A new drainage basin is proposed within the remainder of the current layout and designed to hold 100-year storm event, submitted by Scott McCone, 559 Cohannet Street and Brian Silveira, 4 Wilmarth Street, Taunton, MA. The Planning Board will hold a public meeting on this proposal on Thursday, June 6, 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 Chairman, Taunton Planning Board stating that the Taunton Planning Board is in receipt of a Modification of a Definitive Inclusionary Subdivision - Massasoit Estates - creating 16 lots. Modification is to provide a revised low-impact drainage design & a revised utility design utilizing the future sewer force main in Middleboro Avenue instead of a shared septic system at 945 Middleboro Avenue, Prop. l.D. 111-112, E. Taunton, MA, submitted by Figueiredo Builders Group, Inc., 306 Winthrop Street, Taunton, MA. The Planning Board will hold a public hearing on this proposal on Thursday, June 6, 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. Communications from Citizens: NONE. Petitions: Junk Dealers License - RENEWAL 1. Burnhams Converter and Scrap Metals located at 12 Railroad Avenue, Taunton Motion was made to refer the above listed petitions to the Committee on Police and License and the Police Chief. So Voted. Second Hand Article License - RENEWAL 1. PRF located at 46 Yz Davis Street, Taunton 2. The King's Court located at 386-388 Bay Street, Taunton Motion was made to refer the above listed petitions to the Committee on Police and License and the Police Chief. 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.  12 Orders, Ordinances and Resolutions: Order to be adopted on a roll call vote Ordered That, All election officers appointed pursuant to M.G.L. ch. 54 Sections 11, 1 lB, and 14 shall be deemed "Special Municipal Employees" for the purposes of the Conflict of Interest Law, M.G.L. ch. 268A Motion was made to adopt on a roll call vote. On a roll call vote, eight (8) Councilors were present, eight (8) Councilors voted in favor. Councilor Borges was absent. The motion passes. New Business: NONE. List of Documents and Other Exhibits: • Agenda • Mayor's List of Upcoming Community Events-May 21, 2024 • Petition submitted by Rick Murray regarding Woodlawn Street • Hearing # 1- Traffic Study and Business Plan submitted by Attorney de Abreu Meeting adjourned at 8:28 P.M. A true copy: Attest: JLL/MAT  13 City of Taunton RECEIVED Municipal Council CITY CLERK'S OFFICE May 21, 2024 1024 HAY 2~ A q: 5 f · The Committee on Finance and Salaries TAUNTON. HA The meeting was held at Taunton City Hall, 15 Summer Street, Taunton;-M:A--O~q.&@lli'th~LERK Chester R. Martin Municipal Council Chambers. Members Present: Councilor Phillip Duarte, Chairman Councilor Scott Martin Councilors Absent: Councilor Estele Borges Also Present: Andrew Sukeforth, Director of Procurement The meeting was called to order at 5:33 PM. 1. Approve minutes from May 14, 2024. Motion by Mr. Martin and seconded by Mr. Duarte to approve. So voted. 2. Review the weekly vouchers and payroll for City departments. Motion by Mr. Martin and seconded by Mr. Duarte to approve the payroll warrant in the amount of$1,578,609.28. So voted. Motion by Mr. Martin and seconded by Mr. Duarte to approve the accounts payable warrant in the amount of $8, 023,284.41. So voted. 3. Meet to discuss the request for a transfer of $7,500.00 from the reserve fund to the Procurement Advertising line item (account number 01-132-5200-5784). :Mr. Sukeforth explained that he is requesting additional funds since there have been quite a few bids the last few months and there will be more before the end of the fiscal year. Motion by Mr. Martin and seconded by Mr. Duarte to approve the transfer from the Reserve Fund to the Procurement Advertising line. So voted. Transfer $7500 from 01-132-5200-5784 (Reserve Account) to 01-138-5200-5346 (Procurement Advertising).  14 Motion by Mr. Martin and seconded by Mr. Duarte to adjourn at 5:36 P.M So voted. List of Documents and Other Exhibits Used: The Committee on Finance and Salaries Meeting Minutes from 5/14/24 Payroll Warrant #185 Bill Invoice Warrant #184 List of items over $100,000 CITY OF TAUNTON MAY. 21 2024 Respectfully submitted, IN MUNICIPAL COUNCIL ~€_.~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~-tit;;; ~~!~ Committee on Finance and Salaries May21, 2024 Page 2 oj2  15 City of Taunton RECEIVED Municipal Council CITY CLERK'S OFFICE May21, 2024 'l!Jzq HAY 24 A q: 5 I , The Committee of the Whole TAU!-1TON. MA The meeting was held at Taunton City Hall, 15 Summer Street, Taunmrr,-MA.~'8trm tllifRK. Chester R. Martin Municipal Council Chambers. Councilors Present: Council President David Pottier Councilor John McCaul Councilor Scott Martin Councilor Barry Sanders Councilor Lawrence Quintal Councilor Jeffrey Postell Councilor Phillip Duarte Councilor Absent: Councilor Estele Borges Councilor Kelly Dooner Also Present: Patrick Della Russo, CFO Manuel Massa, Animal Control Officer Christopher Carmichael, Superintendent of Public Buildings The meeting was called to order at 5:39 PM. 1. Remarks from the Chair Council President Pottier reported on the quarterly Taunton Development Corp meeting that he attended and noted that he is looking to bring them in this summer. He also stated that the US Census for 2023 shows Taunton's population to be up 1.7%. Finally, he reminded the Council that Taunton Public Schools will be coming in on June 11 to report on ideas and plans for FY25 and beyond. 2. Approve minutes from May 14, 2024. Motion by Mr. Postell and seconded by Mr. McCaul to approve. So voted. 3. Meet for an update on the Animal Shelter.  16 Motion by Mr. Postell and seconded by Mr. Quintal to invite in the interested parties. So voted. Mr. Della Russo reported that they met ·and went over the next Capital Improvement Program which begins in August. They will work with the Animal Control Officer and his team to address the needs through the CIP. Mr. Massa stated that there is a lot of work on the inside that needs to be done. Mr. Della Russo stated that Mr. Carmichael has been looking at this to provide an assessment and that this will be a phased approach. They are looking to build this into the CIP beginning in August. Mr. Quintal thanked them for the update and encouraged Mr. Massa to keep moving this forward. Mr. McCaul asked what the square footage is for the Animal Shelter and what it will be after the improvements. Mr. Carmichael stated that the intent is not to change the footprint. They are taking some kennel space and turning it into office space. They will then take canopy area out back and enclose that to add more kennels. He also noted that the roof and AC system were priorities. Mr. Massa stated that they need the cat room to not be attached to the dog room. Mr. Mccaul suggested that they need a bigger space and they need to look at the next phase. Mr. Della Russo stated that this will be assessed and addressed at the appropriate time and Mr. Massa indicated that this can go in steps. Mr. McCaul stressed the importance of more heated space. Mr. Della Russo stated that he expects the already appropriated $100,000 to be exhausted by early fall and the CIP will go to the department managers the first week of August. Submissions will be due by November - December and they will meet with departments who submitted requests. In December the Council will receive their books. Mr. Carmichael stated that they :finished the roof and he has a design professional coming. Mr. Duarte asked if this is going through the standard Capital Improvement process and Mr. Della Russo confirmed. Mr. Postell applauded the administration for taking care of neglected capital projects and he appreciates the Animal Control Officer for working within his needs. Mr. Postell believes the current location is a good location. Mr. Quintal suggested that they come back to the Committee in a couple of months with an update and noted that they may need new equipment as well. Motion by Mr. Postell and seconded by Mr. Sanders to adjourn at 6:04 PM with thanks. So voted. Committee of the Whole May21. 2024 Page2of3  17 List ofDocuments and Other Exhibits Used: Committee of Whole meeting minutes of 5/14/24 CITY OF TAUNTON Respectfully submitted, MAY. 21 2024 IN MUNICIPAL COUNCIL ~~[_-~~ Maggie ~.()Clarke Clerk of Council Committees REPORTSACCEPTED. RE€0MMENDATIONSADOPTED. ~.lCG~ CITY CLERK Committee of the W'hole May21. 2024 Page 3 o/3  18 RECEIVED · City of Taunton CITY CLERK'S OFFICE Municipal Council May 21, 2024 102Q MAY 21..t A q: SJ i . ; The Committee on Police and License TAWHOtt HA . CITY CLERK The meeting was held at Taunton City Hall, 15 Summer Street, Taunton-;MA.-·u11so in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Jeffrey Postell, Chairman Councilor Larry Quintal Members Absent: Councilor Estele Borges Also present: Detective William Rutherford Detective Peter MacDougall Jennifer Leger, City Clerk The meeting was called to order at 6:07 PM. 1. Approve minutes from May 7, 2024 Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. Motion by Mr. Quintal and seconded by Mr. Postell to invite the detectives in. So voted. 2. Meet on Petitions for Billiard Table License (renewal) a. Entertainment One Stop Shop, LLC dba Platinum City Gaming at 294 Winthrop Street (1 table) b. Italian Naturalization Club, fuc. of Taunton dba Italian Naturalization Club at 46 Wales Street (2 tables) c. Pioneer Flying Club, fuc. at 330 Whittenton Street (1 table) d. Weir Atlantic Cafe LLC dba Atlantic Cafe at I 0 Plain Street (2 tables) e. Will-0-Bee, fuc. dba Willy J's Pub at 599 Winthrop Street (3 tables) Detective MacDougall stated that all are in good standing and gaye a positive recommendation. Motion by Mr. Quintal and seconded by Mr. Postell to approve the list as read So voted.  19 3. Meet on petitions for Junk Collector License (renewal) a. Automotive Recovery Services, Inc. dba Insurance Auto Auctions at 580 Myrics Street, East Taunton b. Ducharme Trucking, Inc. dba Liberty Scraps & Recycling at 720 West Water Street Detective MacDougall stated that they are both in good standing and gave a positive recommendation. Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. 4. Meet on petitions for Junk Dealer License (renewal) a. Ducharme Trucking, Inc. dba Liberty Scraps & Recycling at 720 West Water Street b. One Way Recycling, Inc. at 22 Fifth Street c. Scrap Bros. Recycling at 56 Fiddlers Way, East Taunton Detective MacDougall gave a positive recommendation on all. Motion by Mr. Quintal and seconded by Mr. Postell to approve all three. So voted. 5. Meet on petitions for Livery License (renewal) a. Luxor Limo and Transportation Company dba Luxor Limo at 23 Trescott Street (1 vehicle) Detective MacDougall stated that they currently have no vehicles registered to the company. Motion by Mr. Quintal and seconded by Mr. Postell to approve once they show their proper insurance and registration. So voted. b. Taunton Cartage Co. Ltd. dba Checker Cab and dba Cozy Cab at 295 Broadway Lot 2 (1 vehicle) c. Taunton Motorized Carriage Co. Inc. at 295 Broadway Lot 2 (19 vehicles) Detective MacDougall stated that they have an agreement with the City on some tax issues with plans to finish payment. Motion by Mr. Quintal and seconded by Mr. Postell to approve pending the agreement with the City. So voted. 6. Meet on petitions for Old Gold License (renewal) a. Perry Jewelers, Inc. at 400 Broadway Detective MacDougall gave a positive recommendation. Committee on Police and License May21, 2024 Page 2 of5  20 Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. 7. Meet on petitions for Second Hand Article License (renewal) a. Bowsers Basement, LLC at 239 Broadway Detective MacDougall gave a positive recommendation. Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. b. Society of Saint Vincent DePaul Taunton District, Inc. dba Pennies from Heaven at 141 Washington Street (Requesting waiver of fee) Detective MacDougall gave a positive recommendation. Motion by Mr. Quintal and seconded by Mr. Postell to approve and to waive the fee. So voted. c. The Salvation Anny at 636 County Street Detective MacDougall stated that they are in good standing. Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. d. SS&K at 404 Winthrop Street Detective MacDougall stated that they are in good standing. Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. e. Vars World at 437 Somerset Avenue Detective MacDougall reported that they are in good standing. Motion by Mr. Quintal and seconded by Mr. Postell to approve. So voted. 8. Meet on petitions for Temporary Fixed Vendor License (renewal) a. Cook in a Box located at 577 Winthrop Street b. Entertainment One Stop Shop, LLC dba Platinum City Gaming at 294 Winthrop Street c. Kinfolks Award Winning BBQ, LLC at 3 Cape Road d. Mity Pups, Inc. dba Dandi-Lyons at 648 County Street e. Streamliner at 44 7 Broadway Detective MacDougall reported that they are all in good standing. Committee on Police and License May21, 2024 Page 3 o/5  21 Motion by Mr. Quintal and seconded by Mr. Postell to approve all as read So voted. 9. Meet to discuss the license renewal process. Motion by Mr. Quintal and seconded by Mr. Postell to invite in the City Clerk. So voted. Detective Rutherford explained that tonight's licenses expired May 1. So, while there is a desire to be business friendly, he asked how long they should let someone run a business without a license. He further suggested that the process be looked at to see if there could be some changes so that licenses are renewed on time. He suggested that applications be due a month in advance. Mr. Postell requested that the Clerk of Committees locate minutes from a meeting with a similar discussion. Ms. Leger stated that currently the renewals are sent out 30 days in advance. Mr. Postell suggested that there be a 60 day notice which would allow 30 days for the applicant to get the paperwork in and 3 0 days to put it on the agenda. He further suggested allowing 15 days beyond the date. Motion by Mr. Quintal and seconded by Mr. Postell to refer to the Law Department and the City Clerk to research to see if there are any ordinances or General Laws on this including looking at late fees and put back on the agenda in two weeks ifpossible. The Clerk of Committees is to locate the minutes from a previous discussion on this topic. Mr. Sanders suggested that the Council might consider a late fee when not submitted by the established deadline. Mr. Postell asked if the issue is with different licenses and Detective Rutherford stated that it is one company in particular. Mr. Postell suggested, therefore, that generally the process is working. So voted. Motion by Mr. Quintal and seconded by Mr. Postell to adjourn the meeting at 6:30 PM and excuse the parties. So voted. List o{Documents and Other Exhibits Used: The Committee on Police and License meeting minutes from May 7, 2024 Committee on Police and License May21, 2024 Page 4 of5  22 CITY OF TAUNTON Respectfully submitted, MAY. 21 2024 IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. fA;t:_L.lG~ CITY CLERK Committee on Police and License May21, 2024 Page 5 o/5  23 CITY OF TAUNTON ORDER#27 FY 2024 Siv ./~ (]~---··················~~t~!.:..:.~:.~............................ 20.............. &~.YM The sum of seven thousand five hundred dollars and zero cents ($7 ,500.00) be and hereby is transferred as follows: From: 01-132-5200-5784 (Reserve Account) To: 01-138-5200-5346 (Procurement Advertising) · ................................................................ ~k£..