City Council

City ofrtaunton 9vf.unicipa{ Council9vf.eeting 9vf.inutes City 1fa{{, 15 Summer Street, rtaunton, 9rUI In tne Cnester ~ 9vf.artin 9vf.unicipa{Council Cnam6ers - 9vf.inutes, :Novem6er 12, 2024 at 7.·03 O'cfoc{<P.9vf.. Cl'f.ediJe ofJf.{{egiance <RJguCar :Meeting :Mayor Snaunna £. O'Conne{{presitfing CJ!rayer was offerea 6y tli.e :Mayor CJ!resent at ro{{ ca{{ were: Councifors ©uarte, CJ'oste{{, Quinta~ Sanders, Cl'ottier, :Martin, QJorges ana:McCauC Councifor ©ooner was a6sent. Record of November 4, 2024 meeting was read by title and approved. So Voted. Opportunity for input by the general public. No one spoke during public input. Hearing: NONE. Communications from the Mavor: Mayor 0' Connell stated that there is a list of community updates in the agenda packet. Mayor O'Connell stated that they will be having a dinner with Santa for Veterans on Thursday, December 12, 2024 at 5:00pm the VFW Adams Post #611 on Ingell Street. Appointments: NONE. Communications from City Officers: Com. from the City Solicitor regarding a response to the letter of Mr. Andy Jaffe concerning Colonial Estates. Motion was made to refer to the Committee on the Department of Public Works. So Voted. Com. from the City Solicitor stating that on July 2, 2024 the Committee on Public Property voted with respect to Assessor Parcel 75-76 Rocky Woods Street to "surplus the property and send it to the RFP". Said recommendation was adopted by the Municipal Council on the same night. The Commonwealth, through its Department of Fish and Gaine, has expressed interest in this parcel and has made an offer to purchase it for $101,000.00. The Commonwealth's interest in this parcel is to protect it as open space, along with other land in the same area, as part of its "Puddingstone Wildlife Management  2 Area". The O'Connell Administration is recommending that the City accept the Commonwealth's offer which will ensure that this parcel remains as open space. Motion was made to move approval. On discussion, Councilor Duarte asked if a restriction should be included in the deed for this purpose. Attorney Gay stated that it is their intention to add it to the Puddingstone Refuge and that is something that they have declared to be open space. He stated that this should be confirmed since they are purchasing it to make sure that this would not cause any issues for them. Councilor Sanders stated that a requirement should be included in the motion to ensure that it is used for the intention that they have suggested it would be used for. Mayor O'Connell suggested that before a motion is made, the Law Department speaks to them to ensure that it doesn't interfere with their plans. She stated that it will be a conservation property and is not sure if there will be any legal ramifications. Attorney Gay stated that he does not think there would be any, however, they should make sure that it will not impact them. He stated that the Law Department can speak to them and they can report back next week. Councilor Sanders withdrew his motion. Mayor O'Connell stated that this matter will be placed on the agenda again for next week. Com. from the City Engineer stating that the Earth Removal Board has received an application for earth removal from Mr. McCaffrey on October 28, 2024. The application is requesting a time extension of a previously approved and multiple time extensions granted for permit to removal sand and gravel mix associated with the construction of a cranberry bog farming operation. This is considered a minor change. Motion was made to refer to the Earth Removal Board. So Voted. Com. from the City Engineer stating that the Earth Removal Board has received an application for earth removal from Mr. Fasolo on November 5, 2024. The application is requesting a time extension of a previously approved and multiple time extensions granted for permit to remove sand and gravel mix associated with the construction of a cranberry bog operation. This is considered a minor change. Motion was made to refer to the Earth Removal Board. So Voted. Com. from the Board of Assessors stating that the FY2025 values for real and personal property are in the process of being approved by the Department of Revenue. They are requesting that the Municipal Council schedule a classification hearing in accordance with the provisions of Chapter 40 Section 56 of M.G.L. as amended by Chapter 369 of the Acts of 1982, to determine the percentage of the Local Tax Levy to be borne by each class of real and personal property. They have requested and recommended as a nomination for their discretion the date to be Tuesday, November 19, 2024. Motion was made to refer to the Committee of the Whole and for the information to be sent to the Council as soon as they have it available for consideration. On discussion, Mayor O' Connell asked if this needs to be with the full Council. The City Clerk stated that if they approve this to go on, they will post it for next week and place it on the agenda under hearings with the full Council. Motion was made to refer this matter to the full Council for November 19, 2024 and for the mformation to be sent to the Council as soon as they have it available for consideration. So Voted. Communications from Citizens: NONE.  3 Petitions: Class II License RENEWALS: 1. Autowise Car Sales, LLC -dba- Autowise, 397 Winthrop Street, Taunton 2. Borges Auto Center, Inc., 157 Dean Street, Taunton 3. Breno's Collision & Sales Inc., 408 Winthrop Street, Taunton 4. G. Lopes Construction Inc. -dba- Lopes Used Truck and Equipment Sales, 565 Winthrop Street, Taunton 5. Leonard's Auto Repair & Performance Inc., 265 Bay Street, Taunton 6. New England Auto, 157 West Water Street, Taunton 7. Prestige Auto Mart, Inc. -dba- Prestige 3, 288 Broadway, Taunton 8. Rouhana Trading LLC -dba- Rouhana Trading, 13 Cape Road, Taunton 9. TRMN8R Enterprises, LLC, 408 Tremont Street, Taunton Motion was made to refer the list as read to the Committee on Police and License and the Police Chief. So Voted. Hours of Operation License - RENEWALS 1. Red Shift Donuts, Inc. -dba- Dunkin Donuts, 5 Washington Street, Taunton 2. Speedway LLC -dba- Speedway #2432, 943 County Street, Taunton Motion was made to refer the list as read 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. Orders, Ordinances and Resolutions: NONE. New Business: Councilor Borges requests to refer to the Committee on Finance and Salaries to discuss with the City Auditor and Chief Financial Officer the $200,000.00 Grant that was given to the Taunton West Little League and discuss the total ARP A Funds that were given to the Taunton West Little League, Taunton East Little League, Taunton Youth Soccer, Taunton Youth Football and Cheer and Babe Ruth, along with all funds given to these organizations from the Mayor's Worthy Cause Fund. Motion was made to refer to the Committee on Finance and Salaries. So Voted. List o(Documents and Other Exhibits: • Agenda • Mayor's List of Upcoming Community Events-November 12, 2024  4 Meeting adjourned at 7: 17 P.M. A true copy: Attest: JLL/MAT  5 City of Taunton Municipal Council November 12, 2024 The Committee on Finance and Salaries The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Phillip Duarte, Chairman Councilor Estele Borges Councilor Scott Martin The meeting was called to order at 5 :3 5 PM. - --:"~ ~'f'::. ~ ---! ... '.~~~ 1. Approve minutes from Nov~mber 4, 2024. -···· .... 1., •• Motion by Ms. Borges and seconded by Mr. Martin to approve. So vofed. J> 2. Review the weekly vouchers and payroll for Cify departments. Motion by Ms. Borges and seconded by Mr. Martin to approve the payroll warrant in the amount of $4,470,484.95. So voted. Motion by Ms. Borges and seconded by Mr. Martin to approve the accounts payable warrant in the amount of $2, 579, 126. 03. So voted. Motion by Ms. Borges and seconded by Mr. Martin to adjourn at 5:37 PM So voted. List ofDocuments and Other Exhibits Used: The Committee on Finance and Salaries Meeting Minutes from 11/4/24 Payroll Warrant #77 Bill Invoice Warrant #76 List of items over $100,000 CITY OF TAUNTON Respectfully submitted, NOV 12 2024 IN MUN~CIPAL ~OUNCIL Maggie E. Clarke Clerk of Council Committees ~A{~RECOMMENDATIONS ADOPTED. ~~~~L.LE~~ CITY CLERK  6 ·/ ~--[~ ,_ -, - City of Taunton ,·,,!f:\LL Municipal Council November 12, 2024 \ 5 .A \O: 3Lt The Committee on Zoning ' : , r' '. f ~ i-< The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, Ml\_·· 0278ffin the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Estele Borges, Chairman Councilor John McCaul Members Absent: Councilor Kelly Dooner Also Present: Kevin Scanlon, City Planner Jay Pateakos, OECD Director Jim Howland, OECD Assistant Director The meeting was called to order at 5 :40 PM. 1. Approve minutes from August 27, 2024. Motion by Mr. McCaul and seconded by Ms. Borges to approve. So voted. 2. Meet to discuss proposed zoning changes. Mr. Scanlon reviewed the proposed changes to mixed use developments in the Highway Business Districts. The Highway Business District is where the services for the City are provided such as gas stations, restaurants, and other services. Large developments will put demand on these services. Mr. Scanlon stated that they had originally considered · recommending prohibiting mixed use entirely in the Highway Business District but ultimately settled on suggesting that 16 or more units be prohibited. There are lots that are smaller and some that have upper floors or the ability to have upper floors where housing units could be located. They also recommended prohibiting residential use on the 1st floor. Ms. Borges asked how they know what is available and that the area is saturated. Mr. Scanlon stated that saturated is a term that he is using to describe it. There are challenges in finding space. Mr. Pateakos stated that the area is a small area and they think this area is best left without an over-abundance of housing. Ms. Borges suggested that it would be easier to discuss if she knew the inventory. Mr. Scanlon stated that any site has the ability to redevelop and they don't want the . bottom floors to be eaten up by residences. Mr. Howland . stated that the intent behind the Highway Business zone is to encourage business  7 development as opposed to residential development. Ms. Borges suggested that they could have 16 or 24 units with retail on the first floor. Mr. Martin stated that he is in favor of doing as suggested in all four zones. Mr. Sanders clarified that they are looking to prohibit residential on the 1st floor and Mr. Scanlon confirmed. Mr. Sanders suggested that they would be inviting problems by putting things together that don't really belong together like a bar with music with a family of three living above. Mr. Scanlon stated that mixed use is by special permit, not by right. Mr. Duarte stated that he is not sold on the effectiveness ofthis approach. He agreed that it would be helpful to have more data about why this is an issue, how significant of an issue it is, and how this proposal would solve it and to what extent. He noted that other communities are more focused on creating multiuse areas where people can live and walk to their services. Ms. Borges said that she likes looking at things on a case by case basis and suggested that they come back with more data. Mr. Scanlon continued with the other suggested changes. In section 440-602, accessory dwelling units language was added. Section 440-710, Accessory Dwellings, was rewritten to comply with State law. Ms. Borges asked if 440-710 was approved by the Law Department and Mr. Scanlon confirmed. She asked about septic systems for ADUs and Mr. Scanlon stated that all utilities will be dealt with by the regulations of the specific utilities. Mr. Duarte asked when the compliance deadline is and Mr. Scanlon stated that the law goes into effect on February 2. Mr. Sanders asked how much of these changes were required by State law and Mr. Scanlon stated that all of it is required by State law. Mr. Pottier asked if there is a limitation on the number of units and Mr. Scanlon stated that this only applies to single family house lots and there can be no more than one ADU. Mr. Scanlon reviewed section "D", just before 440-70, and explained that clarifying language was added. Motion by Mr. McCaul and seconded by Ms. Borges to send section 440-602, Bulk and Dimensional Requirements, "D" to the public hearing process. So voted. Motion by Mr. McCaul and seconded by Ms. Borges to send section 440-710, accessory dwelling units, to the public hearing process. So voted. Committee on Zoning November 12, 2024 Page2of3  8 Motion by Mr. McCaul and seconded by Ms. Borges to send 440, Attachment One, Table of Use Regulations (just for the accessory dwelling change) to the public hearing process. So voted. Motion by Mr. McCaul and seconded by Ms. Borges to adjourn at 6: 18 PM So voted. List ofDocuments and Other Exhibits Used: The Committee on Zoning Meeting Minutes of 8/27/24 Proposed Zoning Changes CITY OF TAUNTON Respectfully submitted, NOV 12 2024 ~~£.~ IN MUNICIPAL COUNCIL Maggie E. Clarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. yf {(, //1 L.LEGE~J'- Committee on Zoning November 12, 2024 Page3 oj3  9 City of Taunton Municipal Council November 12, 2024 The Committee on Ordinances and Enrolled Bills The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. Members Present: Councilor Barry Sanders, Chairman r--> (") Councilor Phillip Duart~ = ~ ---·1 .,< '"t-1 ...... <::.? . ·--· ,,... ·",· ... --· ::· 1 -<C Members Absent: Councilor Kelly Dooner :.l·~ ·- : ,.......... ... ., r·., --··1 r-=-, .c ~- "'.~.' -·-· _., ; :J.: .... ; ...·........ Also Present: Lisa Bond, Assistant City Solicitor - ·o .. ; Pl r"·~ ... ' ;:-- -, ··-r·1 C• r."': l..,y ,.· .. • Co -::~: 0 ,-q The meeting was called to order at 6:22 PM. U1 1. Approve minutes from October 29, 2024. Motion by Mr. Duarte and seconded by Mr. Sanders to approve. So voted. 2. Meet to discuss the issue of motions that are technically passed or defeated due to absences of members of the respective Board or Committee. Mr. Sanders read a letter from Lisa Bond dated October 29, 2024. Motion by Mr. Duarte and seconded by Mr. Sanders to make that part of the record So voted. Mr. Sanders stated that the City Council is bound to a five vote minimum because of the City Charter. He also believes members cannot abstain unless there is a stated conflict. Mr. Duarte asked if they could put together an ordinance that requires the majority for all boards and commissions subject to any different requirements in State law. Attorney Bond confirmed. Councilor Duarte stated that he would be in favor of doing that. Mr. Sanders stated that requiring boards to pass matters with a majority of the entire body would raise the level to the way City Council's business is conducted due to the Charter.  10 Mr. Pottier stated that he thinks there should be something written that if all nine councilors are allowed to vote but all are not present, if there are not five votes in favor that there is an automatic reconsideration. He appreciates the benchmark of five votes on the Council. Mr. Sanders asked if a matter is defeated because there aren't nine councilors present, could that be an automatic reconsideration. Attorney Bond stated that she would need to do some research and the topic will be taken up in four weeks. Mr. Pottier asked if someone is not present, could votes be locked in from earlier weeks. 3. Meet to discuss the Kennel License Ordinance and the requirement for fences. Mr. Sanders stated that currently the Kennel Ordinance requires a fence of a sufficient height but there may be an opportunity to include invisible and/or electronic fences. Mr. Duarte noted that this language was added because someone with an electric fence had a dog that still got out and there were issues. He stated that the requirement can be waived with a 6th vote in the affirmative. If someone can make a case that the electric fence is sufficient than 6 people would likely vote of favor of the license. Mr. Quintal suggested that they should make it a level playing field and that electronic fences have been approved and effective. They are a little less expensive to install than traditional fences. Mr. Pottier noted that this is only for kennel licenses which is 4 or more dogs. Ms. Borges stated that she prefers to do this on a case by case basis. Motion by Mr. Duarte and seconded by Mr. Sanders to table until next week. So voted. List o[Documents and Other Exhibits Used: Meeting minutes from the Committee on Ordinances and Emolled Bills from I 0/29/24 Letter from Lisa Bond dated October 29, 2024 CITY OF TAUNTON Respectfully submitted, NOV 12 2024 IN MUNICIPAL COUNCIL ~(.~ Maggie E. Clarke Clerk of Council Committees Committee on Ordinances and Enrolled Bills ;{ -u . ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. November 12, 2024 Page2 o/2 NNIF R L. C'TTV C'T ,F.RK LEGE~