CITY COUNCIL CALENDAR
Thursday, April 14, 2016
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OPENING OF SESSION BY
CITY COUNCIL PRESIDENT LINDA M. MORAD
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PRAYER LED BY:
REVEREND PAMELA J. COLE, GNB CHAPTER OF CHURCH WOMEN UNITED
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HEARINGS

1.         HEARING, on NSTAR Electric Company d/b/a Eversource Energy for location of one (1) 4” Conduit and two (2) Handholes in COUNTY STREET, North of South Street.

 

1a.        AN ORDER,

2.         HEARING, on NSTAR Electric Company d/b/a Eversource Energy for location of one (1) 2” Conduit in OCEAN STREET, North of Maple Street.

 

2a.        AN ORDER,

MAYORS PAPERS

M1.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a copy of the City’s “Complete Streets Policy” and associated resolution, said program provides funding over and above Chapter 90 and MassWorks, explicitly for projects that provide safe and accessible transportation options for all travel modes and for people for all ages and abilities.

 

M1a.    COMPLETE STREETS POLICY, Principles that call for the design and operation of roadways, in such a manner as to create safe, comfortable and accessible streets for all users.

 

M1b.    RESOLUTION, Endorsing the City of New Bedford’s Complete Streets Policy.

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDINANCE amending Chapter 10 Finance; Taxation; Property, Article III regarding demand fees for tax bills.

 

M2a.    AN ORDINANCE,

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER updating the New Bedford Fire Department’s Fee Schedule.

 

M3a.    AN ORDER,

M4.      COMMUNICATION, Mayor Mitchell to City Council, submitting AN ORDER for the TRANSFER of $15,000.00 from TOURISM, SALARIES & WAGES, to TOURISM, CHARGES & SERVICES.

 

M4a.    AN ORDER,

M5.      COMMUNICATION, Mayor Mitchell to City Council, submitting AN ORDER for the TRANSFER of $11,500.00 from HEALTH, CAPITAL OUTLAY, to HEALTH, CHARGES & SERVICES.

 

M5a.    AN ORDER,

M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, the revolving fund under the control of the Fire Department known as the COMMUNITY TRAINING FUND whose purpose is to provide digital and print media for training purposes and class advertisements, nonperishable training equipment and supplies, perishable training equipment, subscriptions, training  DVDs, AHA student course manuals and completion cards, salary expenses, office supplies and office equipment, whose revenues and amount limited to be spent estimated at $1,000.00 is hereby authorized for FISCAL YEAR 2016.

 

M6a.    AN ORDER,

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT for MARIO FERREIRA, 848 Belleville Avenue, New Bedford, MA, Account Number 1027982 in the amount of $610.05.

M8.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT for JOSE RAPOSO, 247 Cedar Street, New Bedford, MA, Account Number 1019309 in the amount of $103.75.

M9.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT and WAIVER OF RESIDENCY for DR. PATRICIA L. ANDRADE, South Dartmouth, MA 02748 to the Board of Health; this term will expire February 2019.

M10.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of CYNTHIA WALLQUIST, New Bedford, MA, to the COMMISSION FOR CITIZENS WITH DISABILITIES, this term will expire April 2017.

M11.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of REVEREND KEVIN HARRINGTON, New Bedford, MA, to LIBRARY BOARD OF TRUSTEES; this term will expire April 2019.

M12.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of DIANA HENRY, New Bedford, MA, to the LIBRARY BOARD OF TRUSTEES; this term will expire April 2019.

M13.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of LEE BLAKE, New Bedford, MA, to the LIBRARY BOARD OF TRUSTEES; this term will expire April 2019.

M14.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of DIANE BERUBE, New Bedford, MA as the Board of Parks Representative to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2017.

M15.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of TIM WALSH, New Bedford, MA as the New Bedford Housing Authority representative to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2018.

M16.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of COLLEEN DAWICKI, New Bedford, MA as the Planning Board Representative to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2018.

M17.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of PAUL PACHECO, New Bedford, MA as the Conservation Commission representative to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2019.

M18.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of JANINE DASILVA, New Bedford, MA as the Historical Commission representative to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2019.

M19.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of ROSS NUNES, New Bedford, MA to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2017.

M20.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of ARTHUR MOTTA, New Bedford, MA to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2017.

M21.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of SYLVIA GOMES, New Bedford, MA to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2018.

M22.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of JESSICA BAILEY, New Bedford, MA to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2019.

M23.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of JAMES M. ANDRE, JR., Acushnet, MA 02743 as a CONSTABLE.

 

M23a.  APPLICATION, 

NEW BUSINESS

3.     REPORT, Committee on Ordinances, recommending to the City Council APPROVAL of the ORDINANCE, amending  Chapter 9 of the City Code, Relative to Body Art Establishments regarding screening requirements and to be Passed to a Second Reading.)

 

3a.     AN ORDINANCE, (To be Passed to a Second Reading.)

4.         REPORT, Committee on Ordinances, recommending to the City Council, APPROVAL of the Zoning Change of the lot at 458 Dartmouth Street, Map 18, Lot 106, from Industrial B to MIXED-USE BUSINESS, and to be Passed to a Second Reading.)

 

4a.        AN ORDINANCE, (To be Passed to a Second Reading.)

5.     WRITTEN MOTION, Councillors Carney, Abreu, Gomes, Winterson, Coelho, Bousquet, Rebeiro and Oliveira, requesting that the City Council send a letter to Governor Baker, along with our State and Federal Delegations in opposition of our boat owners paying $700.00 a day for the at-sea fishing monitor, which was previously paid by NOAA, said new fee was put into place on March 01, 2016, by the United States Department of Commerce, this will have a devastating effect on New Bedford’s fishing industry, which is a major part of the economy in New Bedford and all of New England.

6.     WRITTEN MOTION, Councillor Lopes, requesting, on behalf of Our Lady of Mount Carmel Church, that the following street(s) be CLOSED: KATHERINE STREET, from Crapo Street to Bonney  Street, ON SATURDAY, MAY 14, 2016, FROM 4:00 P.M., THROUGH SUNDAY, MAY 15, 2016, TO 11:00 P.M., for the purpose of Our Lady of Mount Carmel Church Holy Ghost Feast.
7.     WRITTEN MOTION, Councillor Lopes, requesting, on behalf of Our Lady of Mount Carmel Church,  that the following street(s) be CLOSED: KATHERINE STREET, between Crapo Street and Bonney Street, ON SATURDAY, JULY 30, 2016, FROM 8:00 A.M. THROUGH  SUNDAY, JULY 31, 2016, MIDNIGHT, for the purpose of the Annual Our Lady of Mount Carmel Church Feast; ALSO, that the following streets be CLOSED ON SUNDAY, JULY 31, 2016, FROM 8:00 A.M. THROUGH 5:00 P.M., for the Our Lady of Mount Carmel Church Feast PROCESSION, and so that the streets may be decorated for said Procession, as follows: RIVET STREET, between Crapo Street and Bolton Street; BONNEY STREET, between Rivet Street and Thompson Street; THOMPSON STREET, between Bonney Street and Hemlock Street; HEMLOCK STREET, between Thompson Street and Swift Street; SWIFT STREET, between Hemlock Street and Bolton Street and BOLTON STREET, between Swift Street and Rivet Street for the purpose of Our Lady of Mount Carmel Church Feast Procession.
8.     WRITTEN MOTION, Councillor Martins, requesting, on behalf of Our Lady of Perpetual Help Church, that the following street(s) be CLOSED: NORTH FRONT STREET, from Coggeshall Street to Beetle Street, ON SATURDAY, JUNE 18, 2016, FROM 8:00 A.M. TO 8:30 P.M., or shortly after, AND SUNDAY, JUNE 19, 2016, from 8:00 A.M. TO 8:30 P.M., or shortly after, for the purpose of the “POLISH FESTIVAL”; and further, requesting, that ‘NO PARKING” Signs be POSTED ON NORTH FRONT STREET, from Coggeshall Street to Beetle Street, ON FRIDAY EVENING, JUNE 17, 2016, at 6:00 P.M., THROUGH SUNDAY, JUNE 19, 2016, at 10:00 P.M. (NOTE: WOODEN BARRELS WILL ALSO BE USED.)
9.     WRITTEN MOTION, Councillor Lopes, requesting, on behalf of the Cove Street Neighborhood Association that the following street(s) be CLOSED: RUTH STREET, from Salisbury Street to Ashley Street, ON SATURDAY, JUNE 18, 2016, FROM 7:00 A.M. TO 4:00 P.M., for their Annual Family Fun Day.
10.     WRITTEN MOTION, Councillor Rebeiro, requesting, on behalf of The Zeiterion Theatre, that the following street(s) be CLOSED: SPRING STREET, from Purchase Street to Acushnet Avenue, ON SATURDAY, APRIL 23, 2016, FROM 6:00 A.M., TO SUNDAY, APRIL 24, 2016, 6:00 A.M., for the purpose of the 2016 INTERNATIONAL PORTUGUESE MUSIC AWARDS.
11.     WRITTEN MOTION, Councillor Oliveira, requesting, on behalf of the Portuguese-American War Veterans, that ALLEN STREET, from Brownell Avenue to John Street, be CLOSED on MONDAY, MAY 30, 2016, FROM 8:30 A.M. TO 9:30 A.M., for THE ANNUAL MEMORIAL DAY CEREMONIES. 
12.     WRITTEN MOTION, Councillor Oliveira, requesting, on behalf of the Greater New Bedford Veterans Council, that the following street(s) be CLOSED: PEARL STREET, from Pleasant Street to County Street; PLEASANT STREET, from Pope Street to Pearl Street; PARKER STREET, from Hathaway Boulevard to County Street; COUNTY STREET, from Parker Street to Pope Street AND POPE STREET, from County Street to Purchase,  on MONDAY, MAY 30, 2016, FROM 8:00 A.M. TO 2:00 P.M., for the purpose of THE ANNUAL MEMORIAL DAY CEREMONIES.
13.     WRITTEN MOTION, Councillor Winterson, requesting, that a letter be sent to the management of Shaw’s Supermarket, Rt. 6, asking that they inform their vendors to use Rt. 6, or an alternate route other than Metropolitan Avenue in New Bedford; the residents living on Metropolitan Avenue are being affected by large trailer trucks who use their street to get to Shaw’s Supermarket to unload merchandise, the constant use of Metropolitan Avenue by these large trucks has not only damaged the road, but caused a great deal of noise disturbance in a residential area; and further requesting, that the Traffic Commission install signage deterring these and any other large trucks from using Metropolitan Avenue; and further, requesting, that a copy of this letter be forwarded to the Dartmouth Board of Selectmen asking for their assistance with this matter; and further, that Zully’s Wine and Spirits also be requested to ask their vendors to deliver their merchandise by an alternate route, possibly Route 6, as their vendors are also damaging Metropolitan Avenue, in addition, the large dumpster in back of Zully’s Wine and Spirits has a lid that is not secure and garbage and debris from the business frequently scatters all over people’s property.
13a.      COMMUNICATION, Councillor Winterson, submitting a copy of a letter sent to Mr. Michael Pentz, Manager, Shaw’s Supermarket, regarding the damage done to Metropolitan Avenue by Shaw’s vendors using Metropolitan Avenue to deliver their merchandise to the store.

13b.      COMMUNICATION, Councillor Winterson, submitting a copy of a letter sent to Mr. David G. Cressman, Administrator, Town of Dartmouth, and a letter from Mr. Cressman to Lynn Fontaine, Manager, Shaw’s Supermarket, regarding the damage done to Metropolitan Avenue by Shaw’s vendors using Metropolitan Avenue to deliver their merchandise to the Shaw’s Supermarket, located in Dartmouth.

13c.     COMMUNICATION, Councillor Winterson, submitting a copy of a letter sent to Zully’s Wine and Spirits, regarding the damage done to Metropolitan Avenue by their vendors delivering their merchandise to Zully’s and the uncovered dumpster in back of the store scattering garbage onto neighbor’s property.

14.     WRITTEN MOTION, Councillor Lopes, requesting that a Representative from Hague Sahady & Co., P.C., brief the City Council’s Audit Committee on the end of the year 2015 Audit Statements.  (To be Referred to the Committee on the Audit.)

15.     WRITTEN MOTION, Councillors Winterson, Lopes, Abreu, Bousquet, Oliveira, Martins, Coelho, Carney, Rebeiro and Gomes, requesting, that the City Council send a letter to the Barnstable Town Council, rejecting their proposal to send their homeless, as well as those with substance abuse and mental health issues to our area, particularly New Bedford, which is a City saturated at the present time with residents struggling with opioid abuse, mental health issues and a growing homeless population; and further, suggesting that the Town of Barnstable not irresponsibly push their problems out of their own community into New Bedford, but deal with them, and possibly look into Town of Barnstable property as housing; and further, since New Bedford is so overburdened at the present time, perhaps the Town of Barnstable would consider assisting us by accepting some of our homeless as well as those suffering from opioid addictions.

16.     WRITTEN MOTION, Councillor Martins, requesting, that Attorney Richard Manning, 167 William Street, who represents Empire Loan, be invited to the Committee on Appointments and Briefings, to address concerns with the regulatory provisions related to pawnbrokers recently adopted by the City Council in 2013; and further; requesting, that Empire Loan be given the opportunity to address their concerns with the Council and provide additional information which, hopefully, will result in the recommendation of some changes. (To be Referred to the Committee on Appointments and Briefings.)

 

16a.     COMMUNICATION, Councillor Martins submitting a letter dated March 15, 2016, from Attorney Richard Manning, Jr., regarding regulatory provisions related to Pawnbrokers. (To be Referred to the Committee on Appointments and Briefings.)

17.     WRITTEN MOTION, Councillors Abreu, Gomes, Bousquet, Oliveira, Winterson, and Coelho, requesting that the Committee on Ordinances draft a Panhandling Ordinance similar to that of Akron, Ohio, where each panhandler has to apply for a panhandler license through the City of New Bedford, in order to obtain a license, you must have a form of identification such as a driver’s license, passport or state identification, applicants must also be willing to undergo a criminal background check (CORI/DCF) as part of obtaining a license by accepting a license to panhandle, the panhandler must agree to the City rules regulating where and when you may panhandle, and in order to renew each panhandling license, each individual licensed panhandler must show proof of both state and federal tax return filings as confirmation of panhandled income at their year-end anniversary licensure renewal date and failure to either properly apply for said license or licensing renewal, will result in the immediate suspension of panhandler licensure and potentially lead to legal action taken by the City if there is non-compliance. (To be Referred to the Committee on Ordinances, City Solicitor McDermott’s Office, Mayor Mitchell’s Office and Acting Police Chief David Lizotte.) 

 

17a.     COMMUNICATION, Councillor Abreu submitting AN ORDINANCE from Akron, Ohio regarding Panhandling.  (To be Referred to the Committee on Ordinances, City Solicitor McDermott’s Office, Mayor Mitchell’s Office and Acting Police Chief David Lizotte.) 

18.     WRITTEN MOTION, Councillors Winterson, Abreu, Bousquet, Lopes, Martins, Council President Morad and Councillor Gomes, requesting that a letter be sent to the Department of Conservation and Recreation, regarding the loss of freight vessels at the State Pier due to the lack of refrigeration; and further, that Governor Baker, Lt. Governor Polito and our State Delegation look into monies to move the refrigeration project forward which would extend the freight season and improve the future of our port. 

19.     WRITTEN MOTION, Council President Morad, submitting AN ORDER, updating the Official Rules of the City Council Chamber.

 

19a.     AN ORDER,

20.     COMMUNICATION, Legal Counsel to the City Council David Gerwatowski, submitting AN ORDINANCE, amending Chapter 2 of the City Code relative to Flags and Flagpoles on City Property.

 

20a.     AN ORDINANCE, (To be Passed to a Second Reading.)

21.     COMMUNICATION, Councillor Abreu submitting a copy of the Board of Health’s DRAFT Regulations for Synthetic Drugs. (To be Referred to the Committee on Ordinances.)
22.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Abel Raposo d/b/a RAPOSO’S BUS CO., 109 Oakland Street, New Bedford, MA 02740 hereby submit a copy of the Application requesting a RENEWAL of a Private Livery License, under the provisions of M.G.L. 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. (Current License expired February 26, 2016.)
23.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Pedro Medeiros, d/b/a PETER’S BUS CO., 1629 Padanaram Avenue, New Bedford, MA 02740 hereby submit a copy of the Application requesting a RENEWAL of a Private Livery License, under the provisions of M.G.L. 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. (Current License expired April 09, 2016.)

24.     PETITION, Aaron Tetrault, 1282 Highland Avenue, Fall River, MA 02720 d/b/a FALL RIVER PAWNBROKERS, 1351 Acushnet Avenue New Bedford, MA 02746 & 268 Union Street, New Bedford, MA 02740, requesting that he be granted a RENEWAL of a Waiver of Residency in accordance with Section 15-18 of the City Code, to obtain a LICENSE TO DEAL IN JUNK, OLD METALS OR ANY OTHER SECOND HAND ARTICLES.           

25.     COMMUNICATION, Department of Environmental Protection, submitting a copy of a Waterways License for the Filled and Flowed Tidelands of the Acushnet River to the Massachusetts Clean Energy Center, 16 Blackmer Street, New Bedford, MA.

TABLED BUSINESS

No items on the agenda at this time.