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Taunton Municipal Council · 2018–2019 Council · Regular meeting

September 11, 2018

45 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Present: John McCaul, Jeffrey Postell, Jeanne Quinn, Estele Borges, Deborah Carr, David Pottier, Donald Cleary, Barry Sanders, Gerald Croteau

Absent: None

Every vote, in order

So Voted.

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

To go out of the regular order of business to Communications from the Mayor and then to Communications

From the minutes

“Motion was made to go out of the regular order of business to Communications from the Mayor and then to Communications, So Voted..”

Read it in the official minutes, page 1 (PDF)

ProceduralPassed · Voice vote, names not recorded

To go out of the regular order of business to Pg. 12

From the minutes

“Motion was made to go out of the regular order of business to Pg. 12. So Voted..”

Read it in the official minutes, page 2 (PDF)

ProceduralPassed · Voice vote, names not recorded

To go out of the regular order of business to Appointments

From the minutes

“Motion was made to go out of the regular order of business to Appointments. So Voted..”

Read it in the official minutes, page 2 (PDF)

Com. from Hank Mello, Secretary/Recorder, Taunton Area Vietnam Veterans Association stating that they will be holding their 36" annual POW/MIA Remembrance Vigil starting at noon on Saturday, September 15" and concluding at noon o

Minutes, page 2

ApprovePassed · Voice vote, names not recorded

To make part of the record

From the minutes

“Motion was made to make part of the record. So Voted..”

Read it in the official minutes, page 2 (PDF)

The fountain will be lit all night this weekend.

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

To recess at 7:29 P.M

From the minutes

“Motion was made to recess at 7:29 P.M. So Voted..”

Read it in the official minutes, page 2 (PDF)

Motion was made to recess at 7:29 P.M. So Voted.

Minutes, page 2

Adopt orderPassed · Voice vote, names not recorded

To call the meeting back to order at 9:08 P.M

From the minutes

“Motion was made to call the meeting back to order at 9:08 P.M. So Voted..”

Read it in the official minutes, page 2 (PDF)

Com. from Hank Mello, Secretary/Recorder, Taunton Area Vietnam Veterans Association stating that they will be holding their 36" annual POW/MIA Remembrance Vigil starting at noon on Saturday, September 15" and concluding at noon o

Minutes, page 3

ApprovePassed · Voice vote, names not recorded

To make part of the record

From the minutes

“Motion was made to make part of the record. So Voted..”

Read it in the official minutes, page 3 (PDF)

Reappointment of Anthony Abreau, Assistant Department of Public Works Commissioner for a term of three (3) years expiring September 2021.

Minutes, page 3

Confirm appointmentPassed · Unanimous, 9 present

To approve

From the minutes

“Motion was made to approve. On a roll call vote, nine (9) Councilors present, nine (9) Councilors voting in favor..”

Read it in the official minutes, page 3 (PDF)

Reappointment of Anthony Abreau, Assistant Department of Public Works Commissioner for a term of three (3) years expiring September 2021. Motion was made to approve. On a roll call vote, nine (9) Councilors present, nine (9) Councilors voting in favor.

Minutes, page 3

ApprovePassed · Voice vote, names not recorded

To invite Mr

From the minutes

“Motion was made to invite Mr. Abreau into the enclosure. So Voted..”

Read it in the official minutes, page 3 (PDF)

Hearing came up by assignment on the petition of the Andrew Gesner, 6 Harvest Road, Rehoboth, MA 02769 for a new Class II License for Gesner Auto, Inc. to be located at 445 Winthrop St., Taunton, MA.

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

To open the hearing and invite the parties into the enclosure

From the minutes

“Motion was made to open the hearing and invite the parties into the enclosure. So Voted..”

Read it in the official minutes, page 3 (PDF)

There was nobody present to speak in favor or in opposition of the petition.

Minutes, page 5

ApprovePassed · Voice vote, names not recorded

To grant the petition and remove Condition #8 with replacing the existing asphalt

From the minutes

“Councilor Borges made a motion to grant the petition and remove Condition #8 with replacing the existing asphalt. Councilor Quinn added to the motion that rather than removing the condition, to just add to the condition that it can be done in the spring of 2019. Councilor Borges stated that she agrees with Councilor Quinn's amendment. So Voted..” (Motion: Borges)

Read it in the official minutes, page 5 (PDF)

Com. from Chairman, Taunton Planning Board notifying that they have received a Site Plan Review for property at 16 Mozzone Boulevard for the renovation of the existing building (19,955 sq

Minutes, page 5

Accept and place on filePassed · Voice vote, names not recorded

To receive and place on file

From the minutes

“Motion was made to receive and place on file. So Voted..”

Read it in the official minutes, page 5 (PDF)

Accept and place on filePassed · Voice vote, names not recorded

To receive and place on file

From the minutes

“Motion was made to receive and place on file. So Voted..”

Read it in the official minutes, page 5 (PDF)

Com. from City Engineer stating that regarding the Traffic Signal Permit Acceptance at Washington Street at Court Street and Washington Street at Frederic R

Minutes, page 5

ApprovePassed · Voice vote, names not recorded

To approve the Final Traffic Control Signal Permit as presented

From the minutes

“Motion was made to approve the Final Traffic Control Signal Permit as presented. So Voted..”

Read it in the official minutes, page 5 (PDF)

Com. from City Solicitor regarding the Neighborhood of Affordable Housing, Inc

Minutes, page 5

ApprovePassed · Voice vote, names not recorded

To move to the end of the meeting

From the minutes

“Motion was made to move to the end of the meeting. So Voted..”

Read it in the official minutes, page 5 (PDF)

ApprovePassed · Voice vote, names not recorded

To move to the end of the meeting

From the minutes

“Motion was made to move to the end of the meeting. So Voted..”

Read it in the official minutes, page 6 (PDF)

Hours of Operation 1. LM Taco MA, Inc. -dba- Taco Bell Store #34608 to be located at 700 County St., Taunton

Minutes, page 6

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the Committee on Police and License and the Chief

From the minutes

“Motion was made to refer to the Committee on Police and License and the Chief. So Voted..”

Read it in the official minutes, page 6 (PDF)

Petition submitted by William Barefoot, 603 Newhall St., Fall River for a new Second Hand Article License for Pangolin Books to be located at 519 Weir St., Taunton.

Minutes, page 6

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the Committee on Police and License and the Chief

From the minutes

“Motion was made to refer to the Committee on Police and License and the Chief. So Voted..”

Read it in the official minutes, page 6 (PDF)

Petition submitted by Kenneth Ferreira, 58 Stevens St., E. Taunton requesting to transfer his Second Hand Article, Old Gold License, Junk Dealer License and Pawn Broker License for Money Tree located at 49 Weir St., Taunton to Kevin Sousa, 67 James Luther Dr., Taunton.

Minutes, page 6

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the Committee on Police and License and the Chief

From the minutes

“Motion was made to refer to the Committee on Police and License and the Chief. So Voted..”

Read it in the official minutes, page 6 (PDF)

Petition submitted by Kenneth Ferreira, 58 Stevens St

Minutes, page 6

Send to committee or departmentPassed · Voice vote, names not recorded

To also refer to District 5, MassDOT

From the minutes

“Motion was made to also refer to District 5, MassDOT. So Voted..”

Read it in the official minutes, page 6 (PDF)

Kennel License Application (Personal) Petition submitted by Brian Haskell, 100 Codding Dr., Taunton seeking a new Personal Grade 1 Kennel License for 4-6 Dogs to be located at 100 Codding Dr., Taunton.

Minutes, page 6

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the City Clerk to schedule a public hearing

From the minutes

“Motion was made to refer to the City Clerk to schedule a public hearing. So Voted..”

Read it in the official minutes, page 6 (PDF)

Committee reports

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

For Committee reports to be read by Title and Approved

From the minutes

“Motion was made for Committee reports to be read by Title and Approved. So Voted..”

Read it in the official minutes, page 7 (PDF)

Councilor Borges stated that they had a meeting of the Committee of the Whole this evening and there was discussion regarding whether or not certain engineering projects had to be sent out to bid.

Minutes, page 7

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the Law Department to report to the Council as to what the proper procedure is and to research the law

From the minutes

“Motion was made to refer to the Law Department to report to the Council as to what the proper procedure is and to research the law. So Voted..”

Read it in the official minutes, page 7 (PDF)

Councilor Sanders stated that he mentioned this once before and wanted to bring it up again. He stated that the Council worked really hard to develop new Rules of the Council, He knows that they are sitting with the Law Department who is working diligently on many projects.

Minutes, page 7

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the Law Department to report back to the Council next week with a projected date when that ordinance change will return to the Council so they can enact some of the changes that they all agreed to as part of the new rules

From the minutes

“Motion was made to refer to the Law Department to report back to the Council next week with a projected date when that ordinance change will return to the Council so they can enact some of the changes that they all agreed to as part of the new rules. So Voted..”

Read it in the official minutes, page 7 (PDF)

Petition submitted by Brian Haskell, 100 Codding Dr

Minutes, page 7

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the Safety Officer to take action as quick as possible on this to correct the issue

From the minutes

“Motion was made to refer to the Safety Officer to take action as quick as possible on this to correct the issue. So Voted..”

Read it in the official minutes, page 7 (PDF)

He stated that he sent out e-mails to all of the commissioners and he has received no response.

Minutes, page 7

ApprovePassed · Voice vote, names not recorded

To ask the Airport Commission to appear before the Council to explain why it is so difficult to provide a list of people who run a business at the airport

From the minutes

“Motion was made to ask the Airport Commission to appear before the Council to explain why it is so difficult to provide a list of people who run a business at the airport. So Voted..”

Read it in the official minutes, page 7 (PDF)

This Ordinance shall become effective immediately upon passage.

Minutes, page 11

Ordinance: second readingPassed · Voice vote, names not recorded

To approve the second reading and move to a third reading

From the minutes

“Motion was made to approve the second reading and move to a third reading. So Voted..”

Read it in the official minutes, page 11 (PDF)

Ordinance: second readingPassed · Voice vote, names not recorded

To approve the second reading and move to a third reading

From the minutes

“Motion was made to approve the second reading and move to a third reading. So Voted..”

Read it in the official minutes, page 13 (PDF)

Strike "$115,057.28" and replace with "125,500.00". SECTION 2. All ordinances or parts thereof inconsistent herewith are hereby repealed. SECTION 3. This ordinance shall become effective on January 1, 2019.

Minutes, page 13

ApprovePassed · 5–4

To move approval

Yes: Borges, Croteau, Pottier, Quinn, SandersNo: Carr, Cleary, McCaul, Postell

From the minutes

“Motion was made to move approval. On a roll call vote, nine (9) Councilors present, five (5) Councilors voting in favor, four (4) Councilors voting in opposition. Councilors Quinn, Borges, Pottier, Sanders and Croteau voting in favor. Councilors McCaul, Postell, Carr and Cleary voting in opposition..”

Read it in the official minutes, page 13 (PDF)

Ordinance for a third reading to be ordained on a roll call vote AN ORDINANCE Chapter 105 - Personnel Section 105-9 Salary of Mayor Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: SECTION 1

Minutes, page 13

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the Zoning Enforcement Officer

From the minutes

“Motion was made to refer to the Zoning Enforcement Officer. So Voted..”

Read it in the official minutes, page 13 (PDF)

Councilor Pottier stated that on Friday, the Bureau of Indian Affairs came out with a ruling, a very lengthy ruling.

Minutes, page 13

ApprovePassed · Voice vote, names not recorded

For the City Council to be provided with the ruling and that it is posted on the City's website along with any other communication haying to do with the tribal casino

From the minutes

“Motion was made for the City Council to be provided with the ruling and that it is posted on the City's website along with any other communication haying to do with the tribal casino. So Voted..”

Read it in the official minutes, page 13 (PDF)

Ordinance for a third reading to be ordained on a roll call vote AN ORDINANCE Chapter 105 - Personnel Section 105-9 Salary of Mayor Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: SECTION 1

Minutes, page 14

ApprovePassed · Voice vote, names not recorded

To put more action on this and also in his opinion it is disrespectful to the Police Department if they are fining them and they keep on parking there and he thinks that they should increase the fining

From the minutes

“Motion was made to put more action on this and also in his opinion it is disrespectful to the Police Department if they are fining them and they keep on parking there and he thinks that they should increase the fining. He stated that he will submit the address to the City Clerk to have the Police Chief take stronger action on the situation. So Voted..”

Read it in the official minutes, page 14 (PDF)

Mayor Hoye stated that there are two (2) Executive Sessions based on the letters that were read on Pages 10 and 11 of the agenda and we will not be meeting back in open session.

Minutes, page 14

ApprovePassed · Unanimous, 9 present

To go into Executive Session

From the minutes

“Motion was made to go into Executive Session. On a roll call vote, nine (9) Councilors present, nine (9) Councilors voting in favor..”

Read it in the official minutes, page 14 (PDF)

COUNCILOR DEBORAH CARR, CHAIRMAN AND COUNCILORS CROTEAU AND CLEARY. ALSO PRESENT WERE CITY AUDITOR ANN HEBERT AND ASSISTANT CITY AUDITOR IAN FORTES MEETING CALLED TO ORDER AT 5:36 P.M. 1. MEET TO REVIEW THE WEEKLY VOUCHERS & PAYROLLS FOR CITY DEPARTMENTS

Minutes, page 15

ProceduralPassed · Voice vote, names not recorded

To move approval of the payroll warrant in the amount of $1,296,044.42

From the minutes

“MOTION: MOVE APPROVAL OF THE PAYROLL WARRANT IN THE AMOUNT OF $1,296,044.42. SO VOTED..”

Read it in the official minutes, page 15 (PDF)

SO VOTED.

Minutes, page 15

ApprovePassed · Voice vote, names not recorded

To move approval of the invoice warrant in the amount of $2,537,101.09

From the minutes

“MOTION: MOVE APPROVAL OF THE INVOICE WARRANT IN THE AMOUNT OF $2,537,101.09. SO VOTED..”

Read it in the official minutes, page 15 (PDF)

FY 2018 Budget to Actual - This report is a snapshot as to how the General Fund, Water, Sewer, Golf and Nursing Home Enterprises ended their budgeted appropriations as of June 30, 2018.

Minutes, page 15

ApprovePassed · Voice vote, names not recorded

To letter to be part of the record

From the minutes

“MOTION: LETTER TO BE PART OF THE RECORD. SO VOTED..”

Read it in the official minutes, page 15 (PDF)

This money could have been used in the general budget somewhere else.

Minutes, page 16

ApprovePassed · Voice vote, names not recorded

To move approval of the year end transfers for fiscal year 2018

From the minutes

“MOTION: MOVE APPROVAL OF THE YEAR END TRANSFERS FOR FISCAL YEAR 2018. SO VOTED..”

Read it in the official minutes, page 16 (PDF)

The Assistant City Auditor said he would get that breakdown for Councilor Croteau.

Minutes, page 16

ApprovePassed · Voice vote, names not recorded

To move approval of the year end encumbrances for fiscal year 2018

From the minutes

“MOTION: MOVE APPROVAL OF THE YEAR END ENCUMBRANCES FOR FISCAL YEAR 2018. SO VOTED..”

Read it in the official minutes, page 16 (PDF)

There are some spaces that will have air conditioning including the media center, the offices, cafeteria and things of that nature located in the building.

Minutes, page 19

ApprovePassed · Voice vote, names not recorded

THAT THE PRESENTATION BE MADE PUBLIC AND ALSO UPDATED ON THE CITY'S WEBSITE. ALSO, THE PRESENTATIONS SINCE DECEMBER, 2017 BE POSTED ON THE WEBSITE AS WELL. Councilor Carr asked if it has been determined if the school is going to remain as the James L. Mulcahey School or are they going to change it to include both schools

From the minutes

“Councilor Postell made the following motion: MOTION: THAT THE PRESENTATION BE MADE PUBLIC AND ALSO UPDATED ON THE CITY'S WEBSITE. ALSO, THE PRESENTATIONS SINCE DECEMBER, 2017 BE POSTED ON THE WEBSITE AS WELL. Councilor Carr asked if it has been determined if the school is going to remain as the James L. Mulcahey School or are they going to change it to include both schools. Councilor Quinn said with the Building Committee it was really pushed to the School Committee to begin to think about what the final name would be for the school, so ; nothing has been decided yet. MOTION WAS VOTED ON AND SO VOTED..” (Motion: Postell)

Read it in the official minutes, page 19 (PDF)

2. MEET FOR A PRE-REVIEW HEARING FOR A SPECIAL PERMIT FOR AN 11 UNIT MULTI-FAMILY DEVELOPMENT AT 15 LAWTON AVENUE Councilor Quinn said that she has a conflict of interest concerning this matter and asked to be excused from the discussion.

Minutes, page 19

ProceduralPassed · Voice vote, names not recorded

To excuse councilor quinn

From the minutes

“MOTION: TO EXCUSE COUNCILOR QUINN. SO VOTED..”

Read it in the official minutes, page 19 (PDF)

It was also said that there are no conservation issues on the site.

Minutes, page 20

ProceduralPassed · Voice vote, names not recorded

To excuse the parties

From the minutes

“MOTION: TO EXCUSE THE PARTIES. SO VOTED..”

Read it in the official minutes, page 20 (PDF)

MOTION: TO EXCUSE THE PARTIES. SO VOTED.

Minutes, page 20

ProceduralPassed · Voice vote, names not recorded

To recess this meeting (7:13 p.m.)

From the minutes

“MOTION: TO RECESS THIS MEETING (7:13 P.M.) SO VOTED..”

Read it in the official minutes, page 20 (PDF)

MOTION: TO EXCUSE THE PARTIES. SO VOTED. MOTION: TO RECESS THIS MEETING (7:13 P.M.) SO VOTED.

Minutes, page 20

Adopt orderPassed · Voice vote, names not recorded

To call the meeting back to order (7:31 p.m.)

From the minutes

“MOTION: TO CALL THE MEETING BACK TO ORDER (7:31 P.M.) SO VOTED..”

Read it in the official minutes, page 20 (PDF)

There are some spaces that will have air conditioning including the media center, the offices, cafeteria and things of that nature located in the building.

Minutes, page 26

Send to committee or departmentPassed · Voice vote, names not recorded

To refer to the committee on the department of public works for a status on the existing work on the 39 pump stations

From the minutes

“Councilor Postell made the following motion: MOTION: TO REFER TO THE COMMITTEE ON THE DEPARTMENT OF PUBLIC WORKS FOR A STATUS ON THE EXISTING WORK ON THE 39 PUMP STATIONS. SO VOTED..” (Motion: Postell)

Read it in the official minutes, page 26 (PDF)

Councilor Carr then made the following motion:

Minutes, page 28

ApprovePassed · Voice vote, names not recorded

To allow beta to proceed with the preliminary design for the wastewater treatment plant. councilor mccaul seconded the motion

From the minutes

“MOTION: TO ALLOW BETA TO PROCEED WITH THE PRELIMINARY DESIGN FOR THE WASTEWATER TREATMENT PLANT. Councilor McCaul seconded the motion. … MOTION CARRIES.”

Read it in the official minutes, page 28 (PDF)

From the official minutes kept by the Taunton City Clerk (agendas and minutes). From the Taunton Municipal Council’s official minutes, posted in the city’s Agenda Center. Most items pass by voice (“So voted”), and the minutes record only the result for those; how each councilor voted is shown for roll calls. MassVoter never grades officials; votes and attendance are shown exactly as the minutes record them. MassVoter never grades officials; votes and attendance are shown exactly as the minutes record them. Councilor photos: City of Taunton Municipal Council page (taunton-ma.gov). Former councilors show initials.

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