NovusAGENDA


CITY COUNCIL CALENDAR Thursday, January 14, 2016 *************


CITATIONS


		1. CITATIONS, Councillor Martins, honoring Jessica Bregoli, Charles Hauck, Ryan McFee, Doug Motta, Todd "Woodzart" Woodard, Nicholas Greaves, Jeffrey Mendes, Lea Morgan, James Defuria, Joselyn Feliciano, Sigute Meilus, Meagan "Meaggsy" Borges and Thomas "TomBob" Bobrowiecki, in recognition of their artistic contribution to the “Love the Ave” Project.

		2. CITATION, Councillor Martins, honoring Community Economic Development Center of SE MA, in recognition of their organizing and contributing to the “Love the Ave” Project.


RESOLUTIONS


		3. RESOLUTION, Councillor Martins, Council President Morad and Councillor Lopes, honoring MEIGHREAD DANDENEAU, Miss New Bedford's Outstanding Teen 2015.


HEARINGS


		4. COMMUNICATION, Pursuant to City Council Order dated December 17, 2015, First Assistant City Solicitor Jane Medeiros Friedman, submitting to City Council, the proposed ORDER for the ACCEPTANCE OF EASTLAND TERRACE, 50 feet wide, from Rockdale Avenue, westerly 565.81 feet to terminus. 4a. AN ORDER,


MAYORS PAPERS


		M1. COMMUNICATION, Mayor Mitchell, to City Council, submitting a LOAN ORDER in the amount of $520,000.00 to pay the costs of improving Hazelwood Park for recreational purposes including new pedestrian entrances and walkways, enhanced lighting, benches, table and other amenities and all other costs incidental and related thereto (the “Project”) for which project the City has been awarded a grant from the Commonwealth of Massachusetts in the amount of $24,500 for design costs and $339,500 for construction costs. M1a. LOAN ORDER,

		M2. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER authorizing the Mayor to execute a new five year rental contract with the winning bidder Avis/Budget for the car rental concession at the New Bedford Regional Airport; the terms of this agreement are considerably more favorable than the expiring contract. M2a. AN ORDER,

		M3. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $20,000.00 from LIBRARY, SALARIES & WAGES, to LIBRARY, CHARGES & SERVICES in the amount of $10,000.00 and LIBRARY, CAPITAL OUTLAY in the amount of $10,000.00. M3a. AN ORDER,

		M4. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER amending the order adopted by the City Council on June 25, 2015, and signed by the Mayor on June 30, 2015, which in accordance Massachusetts General Laws Chapter 44, Section 53E ½, authorized the revolving fund under the control of the Inspectional Services Department known as the VACANT BUILDING REVOLVING FUND whose purpose is to provide salary expense for two full-time building inspectors, one full-time Administrative Specialist, one part-time clerk (25 hours), office supplies, survey expenses, tipping fees, purchase materials and reimburse labor costs for emergency board-up of vacant buildings, and monitor vacant buildings, whose revenues and amount limited at $230,000.00 is hereby authorized to provide salary expense for two full-time building inspectors, one full-time Administrative Specialist, one part-time clerk (35 hours), office supplies, survey expenses, tipping fees, purchase materials and reimburse labor costs for emergency board-up of vacant buildings, and monitor vacant buildings, in the amount of $233,750.00 for FISCAL YEAR 2016. M4a. AN ORDER,

		M5. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of DR. RUSSELL OLSON, Westport, MA 02790 to the NEW BEDFORD REGIONAL AIRPORT COMMISSION; to fill the seat vacated by Sean Collins, this term will expire December 2019; and further requesting a WAIVER OF RESIDENCY to enable Dr. Olson to serve.

		M6. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of WILLIAM KING, New Bedford, MA, to the HISTORICAL COMMISSION; this term will expire February 2018.

		M7. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of COLLEEN DAWICKI, New Bedford, MA, to the PLANNING BOARD; this term will expire December 2018.

		M8. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of ARTHUR GLASSMAN, New Bedford, MA, to the PLANNING BOARD; this term will expire November 2018.

		M9. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of DEBRA TRAHAN, New Bedford, MA, to the ZONING BOARD OF APPEALS; this term will expire December 2020.

		M10. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of PATRICK RICHARD DUDDY, Swansea, MA as a CONSTABLE. M10. APPLICATION,


NEW BUSINESS


		5. WRITTEN MOTION, Council President Morad, requesting that DFFM Commissioner Kenneth Blanchard and CFO Ari Sky, review the feasibility and costs associated with the construction of a service elevator in City Hall in an effort to decrease the usage of the current antique and almost one-of-a kind elevator and that the review be presented to the Committee on Finance within 90 days.

		6. WRITTEN MOTION, Councillor Rebeiro, requesting, that the City Council approve Adoption of a Home Rule Petition – AN ACT authorizing the City of New Bedford to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises, pursuant to Section 15, Chapter 138 of the Massachusetts General Laws, to the establishment located at 801 Purchase Street, in the City of New Bedford currently known as Cuve Wine LLC - D/B/A Crush New Bedford, the licensing authority shall not approve the transfer of the license to any other locations; and further, that this matter also be referred to Representative Cabral for processing.

		6a. AN ACT,

		7. WRITTEN MOTION, Councillor Coelho, requesting, that as Acushnet Avenue is known as the International Marketplace, that the new pocket park at the corner of Acushnet Avenue and Nye Street be dedicated to and named in honor of all immigrants who have made New Bedford their home and have contributed to making New Bedford a better City overall. (To be Referred to the Mayor and the Special Committee on Memorials and Dedications.)

		8. WRITTEN MOTION, Councillor Gomes, requesting that the new pocket park located on Acushnet Avenue and Nye Street be named after long-time Community leader, Activist and former Chairperson and Member of Neighborhoods United, Suzanne Braga, in recognition of her 25 years or more of service in fighting crime, establishment of crime watch groups and being the eyes and ears of the entire City. (To be Referred to the Special Committee Memorials and Dedications and the Mayor’s Office.)

		9. WRITTEN MOTION, Councillor Gomes, requesting that our local State and Federal Delegations look into amending the American with Disabilities and Fair Housing Acts, pertaining to the location of sober or group homes, which would give Cities and Towns an appeal process to the location of such facilities, so that such a home is placed in an appropriate location; and further, that laws also be put in place to make sure that our City’s neighborhoods are not saturated with such homes in residential and/or business-zoned areas.

		10. WRITTEN MOTION, Councillors Winterson, Coelho, Lopes and Carney, requesting, that the surrounding Towns, Freetown, Acushnet, Dartmouth, Mattapoisett, Marion, Fairhaven and Wareham, inform the City Council what their current treatment plans are regarding the utilization of Town properties, or future site plans relative to the opioid crisis; and further, are there any treatment centers or plans for inpatient or outpatient services in these Towns, the resources of the City of New Bedford are being exhausted due to the influx of residents of these surrounding Towns coming to New Bedford and expending our services.

		11. WRITTEN MOTION, Councillors Winterson, Lopes, Abreu, Coelho, Bousquet, Carney and Martins, requesting, ONCE AGAIN, that the Department of Public Infrastructure consider the possibility of installing lighting on the east side of Brownell Avenue, from Hawthorn Street to the Fuller Memorial at Buttonwood Park, the asphalt pathway at the Fuller Memorial is frequently used by walkers and joggers and the darkness has become a safety issue. (To be Referred to the Department of Public Infrastructure.)

		12. WRITTEN MOTION, Councillor Rebeiro, requesting, on behalf of Geoffrey Smith, The Sightings, LLC, that the following street(s) be CLOSED: UNION STREET AND MACARTHUR DRIVE, proceeding along MacArthur Drive to Conway Street/right onto Hassey Street/right at Wright Street/left back to MacArthur Drive/proceed to Front Street, take a left onto Front Street, proceed along Front Street to Cove Street/right to the Traffic Light at the intersection of John F. Kennedy Highway, take a right turn on John F. Kennedy Highway/proceed along John F. Kennedy Highway to MacArthur Drive/take a right turn at the intersection of Potomska Street and another right turn onto MacArthur Drive, to finish at the Waterfront Park/Union Street area, ON SUNDAY, MARCH 06, 2016, FROM 8:00 A.M. TO 1:00 P.M., for the purpose of The Ireland, 5K Walk/Run.

		13. WRITTEN MOTION, Councillors Gomes, Rebeiro and Carney, requesting that former Veteran’s Agent for the City and Vietnam Veteran Donald DePina’s name be added to the Vietnam Veterans Memorial Plaque and to the Veteran monument outside of City Hall; Mr. DePina’s life was taken in the senseless act of violence; and his service to this Country and our City's Veterans warrants this request.

		14. WRITTEN MOTION, Councillor Gomes, requesting that the City reinstall the City’s white mailbox located in front of City Hall next to the United States mailbox and on Elm Street on the south side of the bus terminal, next to the United States mailbox, said boxes were convenient for taxpayers to pay their City bills this way.

		15. WRITTEN MOTION, Councillor Gomes, requesting that the City Council send a letter to our State Delegation, in support of the pending legislation making it mandatory that production of toy guns do not replicate real handguns, this legislation will serve to save lives and not put Police and law-enforcement agencies in situations where they are dealing with criminals using toy guns in criminal activity and to protect our Citizens against crime.

		16. WRITTEN MOTION, Councillor Winterson, requesting, that letters be sent to the Massachusetts Department of Conservation and Recreation, (under whose purview the State Pier falls under) and to our State Legislative Delegation, calling attention to the lack of refrigerated storage at the State Pier, cargo ships have recently been turned away for other ports that have adequate storage facilities; and further, the Waterfront is losing business due to the lack of storage for perishable cargo which is hurting New Bedford economically.

		17. COMMUNICATION/DEMOLITION, New Bedford Historical Commission, to City Council, re: BUILDING DEMOLITION REVIEW OF 255 RIVER ROAD, MAP 119, PARCEL 94 – advising that “a portion of the structure is the original barn associated with the abutting Captain Humphrey Hathaway House (circa 1795); the barn retains historical significance due to its association with the Hathaway family, Acushnet Village and the social and economic development of 19th century New Bedford; the original barn portion of the structure provides insight to the building materials and construction methods of early 19th century New England; the barn portion of the structure has been acutely altered, has experienced long-term deferred maintenance, and the level of rehabilitation required to meet current building code standards far exceeds the value of the property; "in light of these findings the New Bedford Historical Commission has determined that the structure at 255 River Road IS Historically Significant, but is not a Preferably Preserved structure.”

		18. COMMUNICATION/DEMOLITION, Anne Louro, Preservation Planner, acting on behalf of the New Bedford Historical Commission, to City Council, re: BUILDING DEMOLITION REVIEW OF ES RIVERSIDE AVENUE, MAP 100, PARCEL 82 – advising that “the structure is located within the Whitman Mills National Register District and is a fraction of the original boiler room of the Whitman Mill; the structure is of no notable historic significance either recorded or found with the existing condition of the structure; the structure has experienced long-term deferred maintenance, is in a dilapidated state and is a safety hazard, “in light of these findings the Preservation Planner has determined that the structure at ES Riverside Avenue is neither a Historically Significant nor a Preferably Preserved structure.”

		19. COMMUNICATION, DPI Commissioner Ronald Labelle, to City Council notifying that the sewer improvement project for Bristol Street has been completed and figures for betterment as well as the service connection construction cost to the property line have now been set; and further that the Council accept the betterment value and approve further processing to public and implement the betterment lien. 19a. AN ORDER,

		20. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Joseph Migliori, d/b/a JOE’S TRANSPORTATION, 99 David Street, New Bedford, MA 02744, hereby submits a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE, under the provisions of Massachusetts General Laws, Chapter 159A, Section 1, and amendments thereto, and M.G.L. Chapter 270, Section 22 (Smoke Free Workplace Law) and all other laws applicable to such operation to carry passengers for hire over the streets of New Bedford.

		21. COMMUNICATION, Councillor Martins and Council President Morad, submitting an email from Maria Fontes, Managing Member, Fontes Home Improvements, LLC, regarding the recent tax increase and submitting a petition signed by Taxpayers and Business Owners in New Bedford that are opposed to the Tax Increase.


TABLED BUSINESS


		10/22/2015 WRITTEN MOTION, Councillors Bousquet & Winterson, on behalf of the residents of Ward Three who agree that New Bedford already has its fair share of Charter School; requesting that a letter be sent to our State Delegation to place a moratorium on Charter School.

		11/24/2015 COMMUNICATION, Mayor Mitchell, to City Council, submitting a renewal of a SIX-MONTH WAIVER OF RESIDENCY for CITY AUDITOR, ROBERT EKSTROM, Tiverton, RI.