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City Council

Regular Meeting

Taunton, MA · October 29, 2024

AgendaMinutes

Minutes

City of'Taunton !M.unicipa{CounciC!M.eetina !M.inu'tes City 1fa~ 15 SummerStreet, 'Taunton, !ll(ft In tu Cliester ~ !Martin !M.unicipa{CounciCCliam6ers - !Minutes, Octo6er 29, 2024 at 7: 15 O' cfoc~/P.!M.. <Pletfae offl_fUgiance <J@guiar !Meeting !MayorSliaunna £. O'Conne{{presilfing <Prayer was offtretl 6y tli.e !Mayor <Present at ro{{callwere: Counci/Ors (J)ooner, <Duarte, awtetl, Q!tinta{, Sanli'ers, <Pottier, !Martin, (}Jorges anti!M.cCaui Record of October 22, 2024 meeting was read by title and approved. So Voted. Opportunity for input by the general public. No one spoke during public input. Hearing: Continued Hearing #1: On the petition submitted by Octavio and Keri Sousa, 85 Meaghan Circle, East Taunton, MA 02718 for the issuance of a personal Kennel License per City Ordinance Section 3-24 to allow a Grade 1 (4-6 Dogs) Kennel License for personal use/dogs, NOT BUSINESS USE, at 85 Meaghan Circle, East Taunton. The Assistant City Clerk stated that the Kennel License Application has been included. The Assistant City Clerk read a communication from the Animal Control Officer regarding a positive recommendation. The Assistant City Clerk stated that maps of the location have been included. Motion was made to continue the hearing and invite the applicant into the enclosure. So Voted. The applicants introduced themselves as Octavio and Keri Sousa, 85 Meaghan Circle, East Taunton, MA. Mr. Sousa stated that they currently have four (4) dogs. He discussed that they are looking to obtain a Kennel License for personal use, not for business use. Councilor Sanders read a communication from the Law Department stating that there is a discrepancy between the current Kennel License Application and the current Kennel Ordinance and that this is in the process of being remedied. The current application does not provide a place for the applicant to indicate whether they have a fence on the property of sufficient height in order to keep all of the dogs on the property. In the event that this is an issue for any of the upcoming hearings, the Council has the authority to grant a Kennel License with conditions. The finalized Kennel License Application will be placed on next week's agenda for approval by the Council. The Ordinance requires that an applicant maintain a fence of sufficient height, which contemplates a physical fence and updating the Ordinance to include an electric fence may be an issue the Council would like to discuss further. Motion was made to make this communication a part of the record. So Voted. Councilor Quintal stated 2 that he visited this property yesterday and it was very clean and that the dogs have plenty of room. He stated that in his opinion, the invisible fence is better than a physical fence as there is minimal upkeep required. Mayor O'Connell stated that this application has been approved by the Animal Control Officer. She stated that they have an electric fence, as well as a half-acre of land. Councilor Dooner asked the applicant to discuss the breeds and ages of the dogs. Mr. Sousa stated that all four (4) dogs are Golden Retrievers. He stated that the ages of the dogs are 10 months old, 4 years old, 5 years old and 7 years old. He stated that two (2) of the dogs were from traditional breeders and the other two (2) dogs were adopted from a rehome situation. Councilor Dooner confirmed with Mr. Sousa that he will not be using the dogs for breeding. Mr. Sousa stated that three (3) of the dogs have been spayed and that the youngest will be neutered when he is old enough. Councilor Pottier expressed concern that other animals can enter the yard with an invisible fence. Councilor Duarte asked the applicants if the Animal Control Officer has ever been called to their property. Mr. Sousa stated that the Animal Control Officer has never been called to their property. Councilor Duarte asked if they have had any issues with their invisible fence. Mr. Sousa discussed that it has worked very well for them. Councilor Duarte discussed that this was added to the Ordinance as there have been issues with dogs escaping through the invisible fences. He stated that if this becomes an issue in the future, the Animal Control Officer reserves the right to investigate this matter. Councilor Sanders discussed that whether it is a physical fence or an invisible fence, it will only work well if it is maintained. Motion was made to open public input. So Voted. Susan Sarsfield, 75 Meaghan Circle, East Taunton, stated that she and her daughter have watched the dogs for the family and they take excellent care of the dogs. She discussed that she lives adjacent to them and there have been no issues with the dogs coming into her yard. Scott Bailey, 80 Meaghan Circle, East Taunton, discussed that their dogs are very well trained and they are wonderful dog owners. He discussed that he is on the Board of Trustees for their development and there have been no complaints about the family nor their dogs. Motion was made to close public input and grant the license. So Voted. Continued Hearing #2: On the petition submitted by Taylor Brewer, 75 Plain Street, Taunton, MA 02780 for the issuance of a personal Kennel License per City Ordinance Section 3-24 to allow a Grade 1 (4-6 Dogs) Kennel License for personal use/dogs, NOT BUSINESS USE, at 75 Plain Street, Taunton. The Assistant City Clerk stated that the Kennel License Application has been included. The Assistant City Clerk read a communication from Taylor Brewer regarding Rabies Vaccination information. The Assistant City Clerk read a communication from the Animal Control Officer regarding his recommendation. The Assistant City Clerk stated that a map of the location has been included. Motion was made to reopen the hearing. So Voted. Mayor O'Connell invited the applicant into the enclosure. The applicant introduced herself as Taylor Brewer, 75 Plain Street, Taunton. She stated that she has five (5) dogs. Mayor O'Connell stated that application is undecided by the Animal Control Officer and that the applicant does not have a fenced in yard, however, she has a 6' x 6' dog kennel. Councilor Pottier asked the applicant to discuss the breeds of the dogs. Ms. Brewer stated that she has three (3) Yorkshire Terriers and two (2) German Shepherds. Ms. Brewer discussed that she has a 6' x 6' dog kennel in place that she feels should be far enough away from the adjacent residences. She discussed that when the dogs are outside, they will be in the kennel or on a runner. Councilor Pottier questioned how often they are on the runner. Ms. Brewer discussed that they are usually on the runner three to four times a day for about fifteen 3 minutes at a time. Councilor Pottier confirmed with Ms. Brewer that the dogs are never free roaming. Councilor Martin asked Ms. Brewer if one of the Yorkshire Terriers is pregnant and if she intends to keep the puppies. Ms. Brewer stated that she will not be keeping the puppies and she will be placing them in homes. Councilor Martin asked if this is a single family home or a multi-family home. Ms. Brewer stated that this is a two- family home and that she resides in the in-law apartment. Councilor Borges asked if she is running a business. Ms. Brewer discussed that this kennel license is for personal use only. Councilor Dooner asked if this breeding was accidental. Ms. Brewer stated that they were not expecting her to get pregnant. Councilor Dooner asked if Ms. Brewer has any intentions of spaying or neutering the dogs. Ms. Brewer discussed that all of the dogs are intact currently. She discussed that she has AKC paperwork on the two (2) German Shepherds and did want to breed at the time, however, about four years ago her father had a stroke and she was unable to move forward with breeding. She stated that she is working to move off of the property so that she can breed in the future. Councilor Pottier asked if she is the owner of the home. Ms. Brewer stated that she and her father own the home. Councilor Postell asked if the Animal Control Officer has ever been called to the property. Ms. Brewer stated that the Animal Control Officer has been called to the property due to the barking of the German Shepherds when they are outside. Councilor Postell asked how many times the Animal Control Officer has been called to her property. Ms. Brewer stated that in the last year, the Animal Control Officer has been called at least ten times. Motion was made to open public input. So Voted. John Bagnell, 72 ~ Plain Street, Taunton, expressed concern that the issues will only get worse. He stated that whenever the German Shepherds are outside, they are nonstop barking. He stated that the Police and the Animal Control Officer have been called to the property. He stated that he also spoke to her father about the issue, which did not help. He expressed concern that the kennel license could lead to more dogs and more barking. He stated that the dogs are sometimes outside before 7:00am and after 9:00pm. He stated that there are other neighbors in the area who have similar concerns. Motion was made to close public input and invite Mr. Massa into the enclosure. So Voted. Councilor Borges asked Mr. Massa to explain the calls received by Animal Control regarding this property. Mr. Massa stated that the Police will usually call him to notify him that there are complaints, of the dogs barking. He stated that by the time he arrives to the property, the dogs have already been brought in. He stated that he has left notices and there have been times where no one has called him back. He stated that he has gone over there quite a few times and that the Police have gone to the property themselves. Councilor Borges asked Ms. Brewer if she has received the notices. Ms. Brewer stated that she has received the notices and she has called him back the last few times. Ms. Brewer stated that when the dogs are outside before 7:00am or after 9:00pm, it is because she is working or the children have put them outside before school. She stated that she does her best to have them outside between 7:00am and 9:00pm. Councilor Borges asked Ms. Brewer who she spoke to when she did return the calls. Ms. Brewer stated that she spoke directly to Mr. Massa. Mr. Massa stated that the last three notices he left were due to the City Clerk sending him there to get the kennel license application moving forward. He discussed that he did receive a call back regarding these recent notices, however, he did not receive a call back for his prior notices. Councilor Borges asked Mr. Massa for his recommendation to the Council regarding this application. Mr. Massa expressed concerns that she will continue to breed and that there have been a number of complaints from the neighbors in regards to barking. Councilor Borges asked if Ms. Brewer has done anything to control the barking. Ms. Brewer stated that her only option is to place a muzzle on the 4 dogs, however, she feels she will be taking away their freedom. Councilor Martin commented that she does not have a fence. Ms. Brewer stated that she will be installing a fence and has already paid to have the land surveyed. Councilor McCaul stated that this is the first time he has seen the Animal Control Officer indicate that he is undecided. Councilor McCaul asked the Animal Control Officer to provide further information on why he is undecided. Mr. Massa expressed concern that he has visited the property, as well as the Police. He expressed concern that he has visited the property at night and has left notices regarding the Ordinance and had not received a call back. He stated that he empathizes with the neighbors. He stated that Ms. Brewer does take good care of the dogs. Councilor McCaul asked if she is planning to build a kennel in the backyard. Ms. Brewer stated that she already has a 6' x 6' kennel in the backyard and she is intending to have a fence installed. She stated that the kennel has a cover to protect the dogs from the elements. Councilor McCaul asked Mr. Massa if he felt the kennel was adequate or ifthe construction should be improved. Mr. Massa stated that the kennel is not appropriate for the large dogs, however, it is adequate for the small dogs. Councilor Dooner asked Ms. Brewer what type of fence she is intending to install. She discussed that German Shepherds are a high energy, working breed and does not think a chain-linked fence will stop the barking. Councilor Dooner asked if she would be willing to install a stockade fence. Ms. Brewer stated that their goal is to install a privacy fence for the front and the rest will be chain-linked due to the cost. She stated that she is not opposed to anything that will help, however, if the dogs hear noises on the outside of the fence, they are still likely going to bark at the noises. Councilor Postell asked Ms. Brewer to discuss the ages of the German Shepherds. Ms. Brewer stated that one of the German Shepherds is four years old and the other will be three in December. Councilor Postell expressed concern regarding the pregnant Yorkshire Terrier. Ms. Brewer stated that she already gave birth to three puppies, however, one of the puppies was stillborn. Councilor Postell asked Ms. Brewer what her intention is with the puppies. Ms. Brewer stated that she will be rehoming the puppies to family members. Councilor Postell asked Ms. Brewer if she intends to have a business. Ms. Brewer stated that she will be breeding in the future once she moves from the property. Councilor Postell stated that it will be an issue if she is breeding at this location. Councilor Postell asked Ms. Brewer if she has considered bark collars for the German Shepherds. Ms. Brewer stated that she has tried to use bark collars and expressed concerns regarding the control on their need to bark. Councilor Quintal discussed that a bark collar may be the only way to control their barking. Councilor Sanders stated that the installation of the fence is a step in the right direction and may help their disposition to improve. He expressed concern that there will continue to be breeding on the property. Mr. Massa stated that if Ms. Brewer has a fence installed the street will be blocked from the sight of the German Shepherds, which could help with the issue of barking. Councilor Borges asked Ms. Brewer when she is planning for the fence to be installed. Ms. Brewer stated this has not been determined as she will need to find a contractor willing to install the fence at this time of year and that has the availability. Councilor Borges suggested that they approve the Kennel License with the condition that they revisit this in 90 days and get an update at that time regarding the progress of the fence, the number of calls received by the Police Department and the Animal Control Officer, as well as any of the remedies that have been discussed this evening that were implemented. Mayor 0' Connell asked Ms. Brewer how long she has had more than three (3) dogs. Ms. Brewer stated that she has had five (5) dogs since January of last year. Motion was made to grant the kennel license with the petitioner coming back in 90 days to reevaluate with a report from the Police Department and the Animal 5 Control Officers, as well a report on the fencing and all of the other remedies that have been put into place, and that the Animal Control Officer report back to them immediately if there are any issues. So Voted. Hearing #3: On the petition of Attorney Edmund J. Brennan, Jr., Esq., 174 Dean Street, Unit B, Taunton, MA 02780 on behalf of his client Clarewood Homes, Inc., 55 Winthrop Street, Unit 5, Rehoboth, MA 02769 to allow a mixed use development consisting of 19 Residential Units and a total of 3,072 sq. ft. of Commercial Space in 4 units at Parcel 89- 188 Winthrop Street located in the Highway Business District. Motion was made to open the hearing and invite the interested parties into the enclosure. So Voted. The Assistant City Clerk read a communication from the City Planner stating that the petition will need a Site Plan Review filing. He has the following comments: 1. The freestanding sign should be shown on the plan. 2. Sidewalks shall be five feet wide exclusive of curbing and ADA curb cuts shown at the end of all sidewalks. 3. No recreation area or amenities are shown outside. 4. Is mail delivery central? If so, it should be shown on the plans. 5. The areas behind the units are labeled as gravel. Loam and seed with at grade patios would be more attractive. The Assistant City Clerk read a communication from the Conservation Agent stating that the plan incorrectly depicts an intermittent stream which, on the USGS Map, shows as perennial. The project also falls within NHESP (Natural Heritage Endangered Species Program) Priority Habitats of Rare Species and Estimated Habitats of Rare Wildlife. The Applicant will be required to file a Notice of Intent with the Conservation Commission and DEP, and file a copy of the plan with the NHESP. The status of the stream, which is a tributary to the Three Mile River, will need to be assessed as to whether it is intermittent or perennial per 310 CMR 10.58 (21)(a) l.d. The Assistant City Clerk read a communication from the Assistant Executive Director of the Board of Health stating that all dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. The Assistant City Clerk read a communication from the Water Superintendent stating that City water is available for the proposed 8" domestic main from the existing 12" City water main on Winthrop Street; Plans are required and need to be submitted to the DPW for water services, fire service, fire hydrants, gate valves and curb stops; DPW permits are required including: City licensed contractor, road opening, and/or trench; DPW Specifications apply including: Pressure testing, hydrant flow test, materials, installation, 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 Assistant City Clerk read a communication from the City Engineer stating that the Engineering Office has reviewed the plans and documentation submitted as part of the Special Permit for property on Winthrop Street (Parcel I.D. 89-188) and has no objection to the request. The Engineering Department reserves further comments for the Site Plan Review submittal. The Assistant City Clerk stated that a copy of the deed is on file. The Assistant City Clerk stated that maps of the location have been included. Motion was made to make the above listed communications and plans a part of the record. So Voted. Motion was made to recess at 8:04pm. So Voted. The meeting resumed at 8:09pm. The parties introduced themselves as Attorney Ed Brennan, 174 Dean Street, Unit B, Taunton, representing Clarewood Homes, as well as Andy Hopgood, the President of Clarewood Homes, and Nile Zieger, Civil Engineer from Zenith Engineering. Attorney Brennan stated that they 6 were before the Council a few weeks ago for the prehearing. He stated that he has provided the Council with a copy of the plans submitted in email format and that he has also submitted a supplemental filing last Thursday regarding the concerns that were raised by the Council at the prehearing. Attorney Brennan stated that the property is located on the north side of Winthrop Street between two businesses. He stated that the site is 2. 7 acres and complies with all of the zoning requirements for the City of Taunton, therefore, no variances are required. He stated that a Special Permit is required due to the fact that they are asking for a mixed use in a Highway Business District. He discussed that there are a total of 23 units in the project and indicated that 4 will be commercial and 19 will be residential. He stated that they will be sold as market-rate condominiums. He stated that they will be 3 bedroom, 2 Yi bathroom units. He stated that the common areas will be open space and that each unit will have a grass area behind it. He stated that one of the comments from the City Planner indicated that loam and seed would be preferred behind the units and that is what they are proposing. He stated that they have addressed snow storage. He stated that they have three (3) dumpsters on-site and that the drainage, which was designed by Zenith, is located on the north end of the lot and meets all of the design standards that are required. He discussed that the stream is shown on the topographical map as a perennial stream, which means there would be a river set back from that. He stated that the perennial status creates a presumption which is rebuttable by the property owner by filing certain information with the Conservation Agent. He stated that this was previously done and it was determined that the stream is intermittent and that information will be presented to the Conservation Commission when they file a Notice of Intent. He stated that if it is agreed that it is intermittent, that will shrink the setback from the stream that can be used for the development of the property. He stated that they will be filing a Notice of Intent with the Conservation Commission to address activity within the 100 foot buffer, however, nothing within the 50 foot buffer. He stated that they need to obtain a Site Plan Approval from the Planning Board, which will be their next step if they are approved by the Council. He stated that there were various issues raised by the Council in regards to his submission made on October 241h. He discussed that the owner of the residential units will have 15,000 sq. ft. of living space and 767 sq. ft. of unfinished basement and that the units will be individually owned through a condominium association and the association will be responsible for the maintenance of the common areas. He stated that there will not be anyone living on site for security purposes, however, the condominium trustees will be in charge of the property overall. He stated that they are proposing to put ring doorbell cameras on all of the units. He stated that the proposed units will be listed at a range of $450,000 to $470,000 per unit. He stated that 50 parking spaces are required, however, they provide 59 parking spaces. He stated that the surface water drainage has been designed to a very high standard. He stated that a small part of the project falls within the ACEC of the Three Mile River and they are prepared to address that and will file this with the Natural Heritage Endangered Species Program in conjunction with the Conservation Commission. He stated that the units will be constructed with R-49 ceilings, an R-30 basement, R-21 walls and energy-efficient windows and doors, as well as 98% efficient gas fire furnaces. He stated that a home energy certificate was submitted, which will show the rating that this will get if built according to the code. He stated that his client intends to break ground in the spring of 2025 and that it will take about 9 months to complete. He stated that a project rendering was submitted. He stated that the parking and sidewalks will be ADA compliant. He stated that water and sewer services are provided and that there is adequate capacity for both. He stated that a landscaping plan has been 7 submitted. He stated that there are four (4) buildings in total, with one building having 7 units, two buildings having 6 units and one building having 4 units. He stated that each unit will have a recreational area in the rear of the unit, which will be approximately 780 sq. ft. and maintained as common area by the association. Councilor Pottier stated that he appreciates the renderings that were submitted. Councilor Borges expressed gratitude for the detailed letter they have provided. Councilor Martin stated that he appreciates that they are offering van accessible parking. Councilor Martin asked for the location of the mailboxes. Mr. Hopgood stated that they will need to meet with the postmaster at the Site Plan Review to determine where they want the mailboxes located. Councilor Duarte asked if there is a reason they have decided to have one commercial unit in each of the buildings as opposed to having them all in one building. Mr. Hopgood stated that during his meeting with the City Planner, it was brought to his attention that it is a requirement that each one of the buildings have a commercial component added to it. Councilor Duarte stated that he would caution them to ensure that the commercial units have minimal impact to the residential units. Councilor Sanders asked what is currently on the property. Mr. Hopgood explained that there is a wood line towards the back of the property, as well as a gravel lot that has been used to store equipment. Councilor Sanders asked what the NHESP would require of them in order to minimize the impact to the endangered species and the stream. Attorney Brennan stated that if the stream is deemed to be perennial, they could impose a 200-foot setback from the center line of the stream. He stated that if it is deemed intermittent, the 200-foot setback will not apply and they will only have the Wetland Protection Act, which is 100-feet. He stated that the status of the stream was previously determined by a wetland scientists as intermittent based upon the observation of the stream not flowing four times within twelve consecutive months. Councilor Sanders questioned the impact the 200-feet will on the project. Mr. Zieger stated that there is no structure within 100-feet, however, there are the wetland basin, the infiltration basin, as well as site grading and clearing. He stated if the 200-foot setback is implemented, it will impact the two buildings in the rear. He stated that there is no work to be done within 100-feet, however, there are certain percentages of work that can be done within 200-feet depending on how much riverfront there is on the property. He discussed that if there is a predeveloped area, it can also be taken into account. He stated that the storm water basin is exempt from the order. Motion was made to open public input. So Voted. No one spoke during public input. Motion was made to close public input and grant the petition. So Voted. Communications from the Mayor: Mayor O'Connell stated that there is a list of community updates in the agenda packet. Appointments: NONE. Communications from City Officers: Com. from the City Planner stating that he has attached a set of proposed zoning changes for discussion with the Municipal Council. The changes primarily focus on the new state requirements for Accessory Dwelling Units. He also has a couple other changes to discuss that have been included. Motion was made to refer to the Committee on Zoning for the November 12, 2024 meeting. So Voted. 8 Com. from the Assistant Executive Director of Retirement regarding the retirement for Superannuation of Leonard J. Williams, an employee of the Taunton Fire Department on January 18, 2025. Motion was made to receive and place on file and to send the appropriate scroll to thank Mr. Williams for his years of service. So Voted. Communications from Citizens: NONE. Petitions: Class II License RENEWALS: 1. Bristol Motors, 147 Fremont Street, Taunton 2. Cambra Auto Sales, 117 Summer Street, Taunton 3. Gesner Auto Inc., 445 Winthrop Street, Taunton 4. Leo's Auto Sales & Service, 350 YzR Winthrop Street, Taunton 5. Loftus Auto City Inc., 450 Winthrop Street, Taunton Motion was made to refer the list as read to the Committee on Police and License and the Police Chief. So Voted. Class III License RENEWALS: 1. Arthur's Auto Junk Yard, 147 Fremont Street, Taunton 2. Automotive Recovery Services, Inc. -dba- Insurance Auto Auctions, 580 Myricks Street, East Taunton Motion was made to refer the list as read to the Committee on Police and License and the Police Chief. So Voted. Flammable Storage License - NEW Petition submitted by Eastern Propane & Oil, 11 Forge Pkwy, Franklin, MA 02038 on behalf of Bristol-Plymouth Regional Technical School for a NEW Flammable Storage License located at Bristol-Plymouth Regional Technical School, 207 Hart Street, Taunton, MA 02780 to add twelve (12) 1,000-gallon aboveground tanks of LP-gas, feeding six (6) temporary construction heaters, totaling 12,000-gallons of LP-gas. 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 for the Committee on Finance and Salaries, the Committee of the Council as a Whole, the Committee on Ordinances and Enrolled Bills, the Committee on Public Property and the Committee on Police and License for items #1 and #2. So Voted. Councilor Pottier stated that item #3 in the Committee on Police and License, which was an update on the Class II license for Amaro Family Auto located on Middleboro Avenue in East Taunton, was asked to be broken out and he will defer to Councilor Postell for a Council vote on their adoption. Councilor Postell stated that the Committee met this evening to discuss this item and the Committee voted unanimously to table the license until November 26, 2024, pending that all requirements are met from the Site Plan Review, the conditions from the Planning Board, as well as the as-builts being submitted to the City one week prior on November 19, 2024. Motion was made to endorse the vote on a roll call vote. On a roll call vote, nine (9) Councilors were 9 present, seven (7) Councilors voted in favor (Councilors McCaul, Borges, Pottier, Sanders, Quintal, Postell and Dooner), two (2) Councilors voted in opposition (Councilors Martin and Duarte). The motion passes. Unfinished Business: NONE. Orders, Ordinances and Resolutions: Ordinance (or a third reading to be ordained on a roll call vote AN ORDINANCE REGARDING THE GOLF COURSE COMMISSION CHAPTER 10. BOARDS, COMMISSIONS AND COMMITTEES Article IX Golf Course Commission Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: Article IX of Chapter 10 of the Ordinances of the City of Taunton, as amended, is hereby further amended by replacing Article IX in its entirety with the following: § 10-34 Membership. There shall be a Golf Course Commission (hereinafter referred to at times as the "Commission") consisting of seven Commissioners to be appointed by the Mayor and confirmed by the Municipal Council as hereinafter provided. § 10-35 Filling of positions; nominations. A. The positions on the Commission shall be filled in the following manner: (1) Five shall be from the Taunton community at large; and (2) One shall be season pass holders at John F. Parker Municipal Golf Course. (3) One Commissioner shall be a member of the Municipal Council § 10-36 Appointment; term of office. A. The appointment of each member shall be for two years; B. Should a Commissioner die, resign or otherwise become disqualified to serve before the expiration of his or her term, the Mayor shall appoint an individual to serve the remainder of the unexpired term, said appointment to take place in the manner above provided. C. The term of the Municipal Council Commission member shall concur with the inauguration for the City of Taunton. 10 § 10-37 Management and operation of John F. Parker Golf Course. The Commission shall oversee the management and operation of the John F. Parker Golf Course property and facilities and shall, from time to time as it deems advisable or at the Mayor's request, make recommendations to the Mayor relative to the management, operation, control, use, and development of the golf course property and its facilities. The CFO and Procurement Department with recommendations by the Commission shall draft an RFP for the management of the Golf Course for such term of years as the CFO and Procurement Department and Commission, deem in the best interest of the City. The Commission shall make recommendations on responses to the Mayor. The Mayor shall, with the assistance of the Commission, the CFO and Procurement, award the contract to a successful bidder with the approval of the Municipal Council. § 10-38 Meetings; duty to keep Mayor & Municipal Council informed; officers. A. The Commission shall meet monthly and at such other times as may be advisable or necessary to carry out its functions. All meetings of the Commission shall be conducted in accordance with Robert's Rules of Order, and full minutes shall be kept. B. The Commission shall keep the Mayor at all times fully informed about the operations of the golf course and about any proposals, developments or other factors which the Commission deems may or will affect or otherwise are relevant to the management, operation, control, use or development of the golf course property or its facilities. C. The Commission shall elect from its own members a Chairperson and a Secretary who shall serve for one year. D. The Commission will present an annual update to the Municipal Council on the status and operations of the golf course. § 10-39 Role of Commission; authority of Mayor. The Commission shall maintain daily oversight of the John F. Parker Municipal Golf Course operations and management and make recommendations to the Mayor; develop and implement capital improvement to be submitted to the Mayor and the CFO for review, comment and approval and other development plans for the golf course; set policy for the golf course, including course operation times and definition and implementation of a code of conduct for users of the golf course; and establish, maintain and report quarterly to the Mayor in reference thereto a budget sufficient to carry forth the duties of the Commission. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Motion was made to ordain on a roll call vote. On a roll call vote, nine (9) Councilors were present, eight (8) Councilors voted in favor, Councilor Sanders voted in opposition. The motion passes. New Business: NONE. 11 List of Documents and Other Exhibits: • Agenda • Mayor's List of Upcoming Community Events-October 29, 2024 • Hearing # 1- Communication from the Law Department • Hearing #3-PowerPoint Presentation Meeting adjourned at 8:37 P.M. A true copy: Attest: ~ Z.: ~ Krystal L. Rebelo Assistant City Clerk KLRIMAT 12 ...-- ..... -·-~ City of Taunton Municipal Council 'C ....., October 29, 2024 20~7fl'{ ll:JV ii~1 .• II Li D : J: Q4 The Committee on Finance and Salaries The meeting was held at Taunton City Hall, 15 Summer Street, Tauntop...__MA 02780 in the Chester R. Martin Municipal Council Chambers. - ·· - --- · · ..• :.( Members Present: Councilor Phillip Duarte, Chairman Councilor Estele Borges Councilor Scott Martin Also Present: Patrick Delio Russo, CFO Ian Fortes, City Auditor The meeting was called to order at 5:32 PM. 1. Approve minutes from October 22, 2024. Motion by Ms. Borges and seconded by Mr. Martin to approve. So vot.ed. 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 amountof$4,583,711. 79. So voted. Motion byMs. Borges and seconded by Mr. Martin to approve the accounts payable warrant in ihe amount of $1,836,890.65. So voted. 3. Meet for an update on the City Auditor's Internal Audit Program. Mr. Fortes and Mr. Dello Ru.Sso gave a presentation on the Internal Audit Program. Mr. Fortes explained that he audited every City department with the exclusion of the School Department and he shared statistics on purehase order creation, voucher submission :frequency, and receipt torn.over frequency. He gave information on receipts storage and record retention. Mr. Fortes reviewed some policy recommendations including improved tracking of cash and checks held in offices. Equipment recommendations included the suggestion of desktop scanners and locks for cabinets. He also made some training recommendations and reviewed the future of the program. Year 2 will start in January and the audit is to be completed with non-managerial employees. · Results will be compiled and 13 delivered to the administration. Proposed training included record retention training with the Secretary of State and training on COMMBUYS and State Bid Lists with the Operational Services Division. Ms. Borges asked if departments were done in a certain order and Mr. Fortes stated that it was a random sort. She asked how the response has been and Mr. Fortes indicated that everyone was kind, helpful, and open to suggestions. Ms. Borges asked how the educational piece would be rolled out and Mr. Fortes stated that he will work with the City Clerk to reach out to the Secretary of State for that training and also have someone from OSD come out to do some training. Mr. Martin asked if safes and the safety of money is a priority to address ASAP and Mr. Fortes confirmed. Mr. Martin asked about scanners and Mr. Fortes stated that they are not in a hurry and are waiting until new software is purchased. Mr. Duarte asked if the audits were with managers and Mr. Fortes stated that it was typically with the manager or an assieytant but sometimes they would consult others. Mr. Duarte asked if the City did not move forward with Munis and Mr. Dello Russo stated that Munis provides the payroll :functions for the Police and Fire Departments and that the City is looking for different software for financials and, potentially, collections. Mr. Postell stressed that a continuity of operations plan is important. Motion by Ms. Borges and seconded by Mr. Martin to excuse the parties and adjourn at 6:04 PM Sovoted. ListofDocu:me'nts and Other Exhibits Used: The Committee on Fill.an.ce and Sfllaries Meeting Minutes from 10/22/24 Payroll Warrant #69 Bill Invoice Warrant #68 List of items over $100,000 Presentation: Internal Audit Program Update C1TY OF TAUNTON OCT .2 9 2.024 Respectfully submitted, IN MUNICIPAL COUNCIL [,~ Maggie . Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. z~~Uk Committee on Finance and Salaries October 29, 2024 ~TG~ L. REBELO Page2of2 ASSISTANT CITY CLERK 14 City of Taunton RECEIVED CITY CLEf<K'S OFFICE Municipal Council October 29, 2024 102~ NOV ··W P J 05 The Committee on Police and License TA.UNTON. MA The meeting was held at Taunton City Hall, 15 Summer Street, Taunton;-MA·-o27so 'id1hb RK Chester R. Martin Municipal Council Chambers. Members Present: Councilor Jeffrey Postell Councilor Estele Borges Councilor Larry Quintal Also Present: · Detective Peter MacDougall Andy Amaro, Alllaro Fanlily Auto The meeting was called to order at 6:05 PM. 1. Approve minutes from October 8, 2024. Monon by Mr. Quintal and seconded by Ms. Borges to approve. So voted. 2. Meet on the following petitionsforrenewal of Hours of Operation Licenses: a. Bobby's Place_, Inc. at 60 WeirStreetto be open Sunday, Thursday, and Wednesday from 5:00PM until l:OOAM, Friday and Saturday from 5:00PM until 2:00AM. Detective MacDougall gave a positive recommendation. Motion by Mr. Quintal andseconded by Ms. Borges to approve. So voted. b. Creative Fimess Snlutions,.fuc. at 225 Cape Highway, East Taunton to be open 24 hours a day, 7 da.yS a week. Detective MacDougall gave a positive recommendation. Motion by Ms. Borges and seconded by Mr. Quintal to approve. So voted. 3. Meet for an update on the renewal of the Class II License for Amaro Family Auto located at 515 Middleboro Ave., East Taunton. 15 Motion by Ms. Borges and seconded by Mr. Quintal to invite Mr. Amaro and any interested parties into the enclosure. So voted. Mr. Postell stated that in August the license was extended with conditions to be met by September 30. Mr. Postell read a letter from Kevin Scanlon dated October 25, 2024 which stated that work is not complete and he has not received the required as built plan. Motion by Ms. Borges and seconded by Mr. Quintal to make the letter part of the record. So voted. Mr. Quintal stated that on Sunday he called Mr. Amaro and visited the site. Mr. Quintal stated that he met with the engineer on Monday. Much of the holdup has been due to delays in acquiring precast supplies., He reported that the engineer stated that the work should be complete in 3 weeks. Mr. Quintal showed pictures of the property. Monon by Mr. Qui'ntal and seconded by Ms. Borges to table for one month and to come back on November 19. Ms. Borges asked if Mr. Amaro about the as-builts and Mr. Amaro stated that he is confident that he can supply them to :Mr. Scanlon within a month. Ms. Borges asked if :Mr. Amaro applied for the sewer connection and Mr. Amaro stated that there had been a hold on the check. She asked when the gas trap and pilmp chamber arrived on site and Mr. Amaro stated that he did not recall. Ms. Borges stated that had Councilor Quintal not gone out, she likely would have ex.tended for 30 days and then, if not in compliance, revoked the license at that time. Mr. Postell stated that at some point the Committee will need to make a decision and execute a plan to revoke the license. He believes there needs to be a date specific for completion. Mr. Quintalmodi(ied.his motion: Motion • . to table for four weeks' to return on November 26 with I all conditions met. This was seconded by Ms. Borges. Mr. Quintal modified his motion: Motion. to table for four. weeks' to November 26 with the condition ofan as built sent to Kevin Scanlon prior to that. Ifall ofthat has not been met, the license will be revoked Ms. Borges askedfor a date certain for the as built to be provided Mr. Amaro agreed to have the as built to Kevin Scanlon by November 19. Mr. Postell asked if Mr. Amaro has a copy of the conditions and Mr. Amaro confirmed. Committee on Police and License October 29, 2024 Page2oj3 16 Ms. Borges asked Mr. Amaro if any of the issues are because of the engineer and Mr. Amaro stated that the issues have been supply chain issues. Mr. Duarte requested that this matter be broken out in the full Council because he believes the license should be revoked. Ms. Dooner asked Mr. Amaro to confirm that the engineer is confident this can be completed in this timeframe and Mr. Amaro confirmed. Mr. Postell summarized the motion: Table this matter to the November 26 meeting where all conditions will be met .and that all ~ .. .. . . . . . requiredas built plans will be· submittedto the Citv on or by T_uesdav. November 19, one week prior to the tabled discussion. So voted. Motion by Ms. Borges and seconded by Mr. Quintal to adjourn the meeting at 6:31 PM So voled. List o(Documents and Other Exhibits Used: The Committee on Police and License meeting minutes from October 8, 2024 Letter from Kevin Scanlon dated 10/25/24 CITY OF TAUNTON Respectfully submitted, OCT 2 9 2024 IN MUNICfPAL COUNCIL _. ~£.~ Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED FOR ITEM #1 & #2. ITEM #3 WAS ENDORSED ON A ROLL CALL VOTE. ON A ROLL CALL VOTE, NINE (9) COUNCILORS WERE PRESENT, SEVEN (7) COUNCILORS VOTED IN FAVOR (COUNCILORS MCCAUL, BORGES, POTTIER SANDERS, QUINTAL, POSTELL AND DOONER), TWO (2) COUNCILORS WERE IN OPPOSITION (COUNCILORS MARTIN AND DUARTE). THE MOTION PASSED. ~~~ KRYSTAL L. REBELO ASSISTANT CITY CLERK Committee on Police and License October 29, 2024 Page3of3 17 City of Taunton Municipal Council October 29, 2024 20214 NOV --W p ]: 05 The Committee of the Whole The meeting was held at Taunton City Hall, 15 Summer Street, Taunt0n;--MA . 02780inther.;;.,; Chester R. Martin Municipal Council Chambers. · - '- · ·' · Councilors Present: Council President David Pottier, Chairman Councilor John McCaul Councilor Estele Borges Councilor Scott Martin Councilor Barry Sanders Councilor Lawrence Quintal Councilor Jeffrey Postell Councilor Phillip Duarte Councilor Kelly Dooner Also Present: Patrick Dello Russo, CFO Chris Carmichael, Superintendent of Public Buildings John Cabral, Superintendent of Schools Greg DeMelo, School Committee Chairman The meeting was called to order at 6:35 PM. 1. Remarks from the Chair Mr. Pottier noted that early voting is ongoing. 2. Approve minutes from October 15, 2024. Motion by Mr. Postell and seconded by Ms. Dooner to approve. So voted. 3. Meet to discuss the request to transfer the property located at 2 Hamilton Street from the City of Taunton to the School Department. Mr. Dello Russo noted that the City Council voted to purchase the property at 2 Hamilton Street formerly known as Coyle and Cassidy and the School Committee took a vote to request that the property be transferred to the care and custody of the School Department. Mr. Dello Russo and Mr. Carmichael reviewed the cost estimates for work to be completed 18 to bring the building into code, totalling $5,255,059.00. Mr. Della Russo stated that, should the Council approve the transfer to the School Department, Mayor 0' Connell will put forward the funding required to complete this work. Mr. Carmichael discussed the improvements that are needed. When the use group is changed from business to education, there are certain requirements. Mr. Duarte asked if it has been decided what the school will be used for and Mr. Della Russo stated that they are bringing it to code compliance for K-12. Mr. Duarte asked if there are differences based on the age of the students. Mr. Carmichael stated that smaller plumbing fixtures are required for smaller children. Mr. Sanders asked about transitioning back from business use to educational. Mr. Carmichael stated that when the Diocese subleased to BCC it was considered business use. Mr. Sanders stated that he understands that once the City Council turns it over to the School Department, they can do what they want with it but he believes that BCC is an asset to the community and hopes that Bristol Community College continues there. Ms. Borges agreed that BCC should remain there. She asked if that could be a condition and Mr. Dello Russo stated that this is a legal issue. Motion by Mr. Duarte and seconded by Ms. Borges to invite the Superintendent to the table to provide an update on the status of the use. So voted. Mr. Duarte asked what the intended use is for the school. Mr. Cabral stated that the School Committee made a motion that they felt the best use would be 5-12. The five proposals were to centralize central office, to create an early childhood center, to create an 8th grade academy, to relocate central office extended day, and to establish an early college center. He stated that there are advantages to maintaining a strong relationship with BCC. The School Committee will be engaging stakeholders to determine which option makes the most sense. Mr. Postell asked about the increase in emollment by 300 students and Mr. Cabral stated that they have room at the Middle School but the High School is tight. This facility will provide flexibility. Ms. Dooner asked if the increase of 300 was as predicted and Mr. Cabral stated that is double what they have seen over the last two years. Mr. Pottier noted that Taunton's growth has been triple the State-wide growth. Mr. DeMelo stated that the lease with BCC expires in 2026 and that the School Committee and the Council might not be in their seats in 2026. He asked about phase 2 and Mr. Dello Russo stated that is still being evaluated. Mr. DeMelo stated that he wants to be sure that net school spending is not affected. Committee of the Whole October 29, 2024 Page2 oj3 19 Motion by Mr. Duarte and seconded by Ms. Borges to transfer the property located at 2 Hamilton Street.from the City a/Taunton to the Taunton School Department. So voted. Motion by Mr. Duarte and seconded by Ms. Dooner to adjourn at 6:58 PM So voted. List o(Documents and Other Exhibits Used: Committee of the Whole meeting minutes of 10/15/24 2 Hamilton Street Building Assessment Phase 1 Cost Estimate CITY OF TAUNTON OCT 2 9 2024 Respectfully submitted, IN MUNICIPAL 90UNCIL ~t-~ Maggie E. Clarke Clerk of Council Committees REPORTSACCEPTED. RECOMMENDATIONSADOPTED. ;~~z~ ~~~ L.-REBELO ASSISTANT CITY CLERK Committee of the Whole October 29, 2024 Page3 oj3 20 City of Taunton Municipal Council October 29, 2024 wzq NOV ·• l~ p 3: 0 s The Committee on Ordinances and Enrolled Bills The meeting was held at Taunton City Hall, 15 Summer Street, Taunton:,-MA.-02780 fu the'.. r ;: K Chester R. Martin Municipal Council Chambers. Members Present: Councilor Barry Sanders, Chairman Councilor Kelly Dooner Councilor Phillip Duarte The meeting was called to order at 7:00 PM. 1. Approve minutes from September 17, 2024. Motion by Ms. Dooner and seconded by Mr. Duarte to approve. So voted. 2. Meet to discuss the City Ordinance regarding snow and ice removal by property owners abutting sidewalks. Mr. Sanders read a letter from the Law Department dated 10/22/24 and reviewed the suggested changes. Mr. Duarte suggested that, in the proposed changes, a period be placed after sidewalk (removing "or at least four (4) feet wide, whichever is greater"). He stated that he would be comfortable moving this forward with that change. Motion by Mr. Duarte and seconded by Ms. Dooner to move to a first reading with the change in the sentence to end at "entire width ofsidewalk". So voted. 3. Meet to discuss removing matter from file: Ordinance amendments for terms of appointment. Mr. Sanders explained that this was brought forward some time ago and there was some pushback from the Unions who felt that this should be part of collective bargaining. The Law Department withdrew the request for further work. He spoke with Attorney Gay and it appears that this no longer needs the Committee's attention. Motion by Mr. Duarte and seconded by Ms. Dooner to remove from the file. So voted. 21 Motion by Mr. Duarte and seconded Ms. Dooner to adjourn the meeting at 7:07 PM So voted. List o{Documents and Other Exhibits Used: Meeting minutes from the Committee on Ordinances and Enrolled Bills from 9/17/24 Letter from Thomas P. Gay, Jr. dated 10/22/24 CITY OF TAUNTON Respectfully submitted, OCT2 9 2024 IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. /'?~:<.~ KR~ITAi, ·L·. REBELO ASSISTANT CITY CLERK Commmee on Ordinances and Enrolled Bills October 29, 2024 Page2of2 22 :- :.-- -::-·1\'EU r-1''~ City of Taunton l , . ,- .. .- , ,, r \_, t 1._.__,_ - _,. Municipal Council CIT October 29, 2024 1um NO~ ··'--1 P J os The Committee on Public Property . (' T ·.J r~ 1 L F~, f The meeting was held at Taunton City Hall, 15 Summer Street, Tuunton, Mr\' 02780 'ill the Chester R. Martin Municipal Council Chambers. Members Present: Councilor David Pottier, Chairman Councilor Kelly Dooner Councilor Phillip Duarte Councilor Scott Martin Councilor Jeffrey Postell Also Present: Patrick Delio Russo, CFO The meeting was called to order at 7:08 PM. 1. Approve minutes from September 24, 2024. Motion by Ms. Dooner and seconded by Mr. Postell to approve. So voted. 2. Meet to discuss the received Notice of Intent to Convert Forest Land for Residential Pmpose and the City's option to purchase land at 0 Glebe Street, a portion of Plan 72, Lot 4. Mr. Dello Russo explained that in this case the City has the right of first refusal. The administration has determined that there is no business interest for the City that private industry couldn't do better. Mr. Duarte noted that back taxes will be owed because the land is coming out of Chapter 61 and that money will be directed into the sustainability fund. Motion by Mr. Duarte and seconded by Ms. Dooner for the City to decline the right offirst refusal on the property. Mr. Martin asked how many houses could go on that land and Mr. Dello Russo indicated that is a question better answered by Planning and Zoning. So voted. 23 Motion by Mr. Postell and seconded by Ms. Dooner to adjourn at 7: 11 PM So voted. List o(Documents and Other Exhibits Used: The Committee on Public Property Meeting Minutes of 9/24/24 CITY OF TAUNTON Respectfully submitted, OCT 2 9 2024 /UA~f.~ IN MUNICIPAL COUNCIL .. Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~/UJAJ~~ ~~.. REBELO ASSISTANT CITY CLERK Committee on Public Property October 29, 2024 Pagel of2

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