CITY COUNCIL CALENDAR
Thursday, June 23, 2016
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OPENING OF SESSION BY
CITY COUNCIL PRESIDENT LINDA M. MORAD
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PRAYER LED BY:
REVEREND REBECCA BLAIR
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HEARINGS

1.     A HEARING, on CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS, for location of a CLOUD RADIO ACCESS NETWORK for wireless communications on a right of way, adjacent to 1389 Phillips Road.

 

1a.     AN ORDER,

 

MAYORS PAPERS

M1.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, requesting that the City of New Bedford acquire, by eminent domain three permanent easements across City-owned property located on the south side of Coggeshall Street, for the alteration and improvement of Coggeshall Street.

 

M1a.    AN ORDER,

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, amending the schedule of rates and charges for wastewater service effective July 01, 2016.

 

M2a.    AN ORDER,

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, authorizing the acceptance of the Assignment of Leases and Subleases for the properties located at 286 and 300 Herman Melville Boulevard and that the Mayor is hereby authorized to execute, on behalf of the City of New Bedford, the Assignment of Leases and Subleases, the Settlement and Release Agreement, and Estoppel Certificates.

 

M3a.    AN ORDER,

M4.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Inspectional Services Department known as the VACANT BUILDING REVOLVING FUND, whose purpose is to provide for the repair and maintenance of vacant buildings, survey expenses, tipping fees, demolition contractors, purchase materials and reimburse labor costs for emergency board-up of vacant buildings, salary expense for two full-time building inspectors, one full-time Administrative Coordinator, one full-time clerk (35 hours) and office supplies, whose revenues and amount limited to be spent estimated at $458,280.00, is hereby authorized for FISCAL YEAR 2017.

 

M4a.    AN ORDER,

M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Purchasing Department known as the PURCHASING REVOLVING FUND, whose purpose is to provide office supplies, photocopy supplies, copier leases, etc., for City Departments, whose revenues and amount limited to be spent estimated at $200,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M5a.    AN ORDER,

M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the  Department of Facilities and Fleet Management, known as the QUEST CENTER REVOLVING FUND, whose purpose is to provide a focus on entrepreneurial training and location for business start-up activities focusing on marine/maritime technologies, life sciences and software development, is hereby authorized at $135,850.00, for FISCAL YEAR 2017.

 

M6a.    AN ORDER,

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the  Department of Public Infrastructure, known as the NEW BEDFORD RAILYARD & RAIL CROSSING REVOLVING FUND, whose purpose is to fund maintenance, operation and legal expenses associated with the New Bedford Railyard and Rail Crossing gates, whose revenues and amount limited to be spent are estimated at $74,757.00, is hereby authorized for FISCAL YEAR 2017.

 

M7a.    AN ORDER,

M8.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Recreation and Parks Department, known as the SUPPORTIVE RECREATION  REVOLVING FUND, whose purpose is to cover program instructors and supplies for programs, whose revenues and amount limited to be spent  estimated at $64,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M8a.    AN ORDER,

M9.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund known as the TANGIBLE SUPPLY DISPOSITION REVOLVING FUND, whose purpose is to fund replacement equipment and vehicles utilizing proceeds from the disposition of tangible supply in accordance with Massachusetts General Law, Chapter 30B, Section 15, and whose revenues and amount limited to be spent estimated at $42,952.00 ($21,190 – School Department; $21,762 – DFFM) is hereby authorized for FISCAL YEAR 2017.

 

M9a.    AN ORDER,

M10.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Planning and Community Development Department, known as the ZONING BOARD OF APPLEALS REVOLVING FUND, whose purpose is to provide supplies, postage, equipment and advertising costs, contract for technical and administrative support for the ZBA, zoning studies and stipends for ZBA members, whose revenues and amount limited to be spent estimated at $30,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M10a.  AN ORDER,

M11.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Tourism Department, known as the TOURISM REVOLVING FUND, whose purpose is to collect sponsorship funds associated with City events, co-op advertising expenses, fees related to film permitting, donations for the partner banner program and brochure advertising fees, and whose revenues and amount limited to be spent estimated at $20,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M11a.  AN ORDER,

M12.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Purchasing Department, known as the SOUTHEASTERN REGIONAL POLICE REVOLVING FUND, whose purpose is to support Police communications networking for surrounding Cities and Towns, whose revenues and amount limited to be spent estimated at $17,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M12a.  AN ORDER,

M13.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Library Department, known as the LIBRARY EQUIPMENT REVOLVING FUND, whose purpose is to provide and maintain photocopying and printing equipment at the Main Library and the four branches, whose revenues and amount limited to be spent estimated at $10,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M13a.  AN ORDER,

M14.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Department of Public Infrastructure, known as the NEW BEDFORD ENERGY NOW REVOLVING FUND, whose purpose is to fund incidental costs of the NBEN Program as well as program development, whose revenues and amount limited to be spent estimated at $5,263.00, is hereby authorized for FISCAL YEAR 2017.

 

M14a.  AN ORDER,

M15.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the School Department, known as the FOOD SERVICE CONCESSION REVOLVING FUND, whose purpose is to provide concession services during football games at the Paul Walsh Field, whose revenues and amount limited to be spent estimated at $4,855.00, is hereby authorized for FISCAL YEAR 2017.

 

M15a.  AN ORDER,

M16.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Clerk of Committees Department, known as the COUNCIL SPECIAL PERMIT REVOLVING FUND, whose purpose is to cover the cost associated with processing/reviewing and granting applications for Special Permit Hearings, whose revenues and amount limited to be spent estimated at $5,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M16a.  AN ORDER,

M17.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Health Department, known as the FINES/FORFEITURES REVOLVING FUND - HEALTH, whose purpose is for the collection of health-related fines originally paid to the State but now paid to the City due to the establishment of this fund, whose revenues and amount limited to be spent estimated at $3,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M17a.  AN ORDER,

M18.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, 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 DVD’s, AHA student course manuals and completion cards, salary expenses, office supplies and office equipment, whose revenues and amount limited to be spent estimated at $1,200.00, is hereby authorized for FISCAL YEAR 2017.

 

M18a.  AN ORDER,

M19.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Community Services Department, known as the SENIOR TRAVEL AGENCY REVOLVING FUND, whose purpose is to support day trips for Seniors, including reservations/tickets/meals, Recreation Leader’s salary, and program supplies, whose revenues and amount limited to be spent estimated at $113,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M19a.  AN ORDER,

M20.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Community Services Department, known as the ADULT SOCIAL DAY PROGRAM REVOLVING FUND, whose purpose is to support Adult Social Day Programming, including congregate lunches, morning and afternoon snacks, office supplies for program, contracted vendors who provide health, wellness and education activities, arts and craft supplies, educational material, printing/marketing supplies, furnishings and equipment, program related conferences and meetings, field trips and support staff salaries and wages, whose revenues and amount limited to be spent estimated at $100,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M20a.  AN ORDER,

M21.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Community Services Department, known as the SENIOR TRANSPORTATION FUND, whose purpose is to provide transportation for Seniors to grocery and other shopping, general trips, medical appointments, and in FY17, a 20% match for a new van, whose revenues collected and amount limited to be spent estimated at $25,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M21a.  AN ORDER,

M22.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law, Chapter 44, Section 53E1/2, the revolving fund under the control of the Community Services Department, known as the SENIOR ACTIVITIES FUND, whose purpose is to support social activities and entertainment at all Senior Centers, etc., whose revenues and amount limited to be spent estimated at $3,000.00, is hereby authorized for FISCAL YEAR 2017.

 

M22a.  AN ORDER,

M23.    COMMUNICATION, Mayor Mitchell, to City Council, submitting FY/2017 ORDER, for the TRANSFER of $217,908.00 from SALE OF LOTS, to the DEPARTMENT OF PUBLIC INFRASTRUCTURE, CHARGES & SERVICES, in the amount of $48,908.00, and the DEPARTMENT OF PUBLIC INFRASTRUCTURE, CAPITAL OUTLAY, in the amount of $169,000.00.

 

M23a.  AN ORDER,

M24.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT REQUEST for CARLOS SILVA, 76 Dudley Street, New Bedford, MA 02744, Account No.1019391, in the amount of $1,249.15. 
M25.   COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT REQUEST for KATHERINE MONIZ, 171 Frederick Street, New Bedford, MA 02744, Account No.1014493, in the amount of $581.00.
M26.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT REQUEST for CHRISTOPHER GOURDIN, 24 Peckham Street, New Bedford, MA 02746, Account No.1008761, in the amount of $178.45.00.
M27.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT REQUEST for BRENDA L. GOMES, 865 Ashley Boulevard, New Bedford, MA 02745, Account No.1021964, in the amount of $87.15. 
M28.    COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE YEAR WAIVER OF RESIDENCY for KATHLEEN VERNON, Barrington, RI as Howland Green Library Branch Manager; Current Waiver expires June 2016.
M29.    COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE YEAR WAIVER OF RESIDENCY for Board of Health Member, DR. CRAIG LONGO, Dartmouth, MA; This Waiver will be in effect until June 2017. 
M30.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the RE-APPOINTMENT of LAWRENCE D. WORDEN, New Bedford, MA, 02745, as a Member of the Greater New Bedford Regional Refuse Management District; this Term will expire in June 2019.

M31.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the RE-APPOINTMENT of PETER M. SULLIVAN, New Bedford, MA, 02740, as a CONSTABLE.

 

M31a.  AN APPLICATION,

M32.   COMMUNICATION, Mayor Mitchell, to City Council, submitting the RE-APPOINTMENT of JESSICA LYNN RODERICK, New Bedford, MA, 02746, as a CONSTABLE.

 

M32a.  AN APPLICATION,

NEW BUSINESS

2.     REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPLICATION on behalf of Daniel Xavier, d/b/a MCKENZIE’S BUS CO., 183 Campbell Street, New Bedford, MA 02740, for 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.

 

2a.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Daniel Xavier, d/b/a MCKENZIE’S BUS CO., 183 Campbell 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 expires June 25, 2016. (Referred to the Committee on Appointments and Briefings 05/12/2016.)

3.     REPORT, Committee on Appointments and Briefings, recommending that the City Council GRANT PERMISSION for the Demolition of 241-243 MILL STREET, Map 57, Lot 142 as the New Bedford Historical Commission has determined that the structure is NOT a historically significant building or structure and not Preferably Preserved.

 

3a.     COMMUNICATION/DEMOLITION, New Bedford Historical Commission, to City Council, re: BUILDING DEMOLITION REVIEW OF 241-243 MILL STREET, (MAP 57, LOT 142) Circa 1895 one story, wood framed, barn structure – advising that “the structure is not located in a National Register Historic District; the structure is of no notable historic significance either recorded or found with the existing condition of the structure; the structure is in poor condition due to extensive deferred maintenance, and the restoration or preservation efforts would be impractical due to the existing condition of the structure, “the New Bedford Historical Commission has determined that the structure at 241-243 Mill Street is NOT a Historically Significant building or structure and not Preferably Preserved.” (Referred to the Committee on Appointments and Briefings 04/28/2016.)

4.     REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of 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.

5.     REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of a SIX-MONTH WAIVER OF RESIDENCY for KYLE COFFEY, of Swansea, MA, for the Department of Public Infrastructure position of Water Treatment Plant Operator.

6.     REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the HOME RULE PETITION, as AMENDED, to establish an Arts, Culture and Tourism Promotion Fund for the City of New Bedford from a portion of the proceeds of the City’s hotel and lodging tax.

 

6a.     HOME RULE PETITION, as Amended.

7.     REPORT, Committee on Ordinances, recommending to the City Council ADOPTION, as AMENDED, of the ORDINANCE, amending Chapter 10 Finance; Taxation; Property, Article III regarding demand fees for tax bills.

 

7a.     AN ORDINANCE, (Passed to a Second Reading and Referred to the Committee on Ordinances in its Second Reading Stage 04/14/2016.)

8.     REPORT, Committee on Ordinances, recommending to refer the Human Relation Commission’s Letter to Attorney Gerwatowski for drafting the amendments and submitting the amended Ordinance, Chapter 2, Article IX – Human Relations Commission, Section 2-131 to the City Council for APPROVAL and to be Passed to a Second Reading.

 

8a.     AN ORDINANCE, (To be Passed, to a Second Reading.)

9.     REPORT, Committee on Ordinances, recommending to the City Council that the Committee on Ordinances, is in support of the Board of Health’s Draft Regulations for Synthetic Drugs.

10.     AN ORDINANCE, amending Chapter 19, Article V DIVISION 4 EMERGENCY MEDICAL SERVICES. (Passed to a Second Reading 05/26/2016.)

11.     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.

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

 

12a.     AN ORDER,

13.     WRITTEN MOTION, Councillor Lopes, requesting, that the Audit Committee meet after Free Cash has been certified and before the Tax Classification Hearing, with Mary Sahady from Hague, Sahady & Co., CFO Ari Sky, Treasurer Renee Fernandes and Administrative Assistant to the Assessors, Carlos Amado to discuss the FY2017 budget. (To be Referred to the Audit Committee.)
14.     WRITTEN MOTION, Councillor Gomes, requesting, on behalf of the Cape Verdean Recognition Day Parade Committee, that the Department of Public Infrastructure clean the following streets and fill potholes on said streets prior to the July 02, 2016 Parade; Union Street, East to Acushnet Avenue, South to Grinnell Street, West to Purchase Street, North to School Street; and further; that any vacant lots along the route also be cleaned and any overgrown grass cut.  (To be Referred to the Mayor’s Office and the Department of Public Infrastructure.) 

15.     WRITTEN MOTION, Councillors Abreu, Winterson, Gomes, Lopes, Martins, Bousquet and Council President Morad and Councillor Coelho, requesting that Ms. Rina Cametti and Mr. Stephen Angelo, Owners of Beacon Compassion Center come before the Committee on Labor & Industry to discuss and present their medical marijuana dispensary proposal for the City of New Bedford. (To be Referred to the Committee on Labor & Industry.)

 

15a.     COMMUNICATION, Councillor Abreu, submitting the Beacon Compassion Center’s Registered Marijuana Dispensary Proposal for the City of New Bedford. (To be Referred to the Committee on Labor & Industry; Copy all Councillors 06/20/2016.)

16.     WRITTEN MOTION, Councillor Martins, requesting, that the City Council send a letter to our State Legislative Delegation, Senator Montigny and Mayor Mitchell, requesting letters of support on behalf of High Liner Foods, a New Bedford seafood processing plant on our Waterfront which is facing two hundred layoffs in September.
17.     WRITTEN MOTION, Councillor Martins, requesting, on behalf of Mr. Pedro Fernandes, Lusitano Food Products LLC, that 127 Hathaway Street, Plot 103/Lot13, be REZONED from Mixed-Use Business to Residential “C”. (To be Referred to the Committee on Ordinances and the Planning Board.
18.     WRITTEN MOTION, Councillors Gomes and Lopes, requesting that the decision to prohibit the carrying of service weapons from all Shellfish Wardens Waterfront Patrols be reconsidered, that with proper training and licensing, that all Shellfish Wardens be allowed to carry a service weapon while on the job, which has been the policy for the last four years with no incidences, the Shellfish Warden’s job requires them to be out in the Harbor alone patrolling at all hours of the day and night enforcing shellfish and fishing laws and dealing with all kinds of situations of enforcement, the times have changed along the Waterfront; and further requesting;  that their right to carry service weapons be reinstalled immediately, to guarantee their safety and the safety of others.(To be Referred to the Mayor, Police Chief Cordeiro and the Committee on Public Safety and Neighborhoods. )
19.     WRITTEN MOTION, Councillor Gomes, requesting, that the City enforce the laws pertaining to repairing vehicles on City streets and that any vehicle being repaired or left unattended on car jacks on City streets be towed immediately at the owners expense; and further, that the City Council create a fine for those in violation of the City Ordinance, and that all departments, including public safety departments be required to report any vehicles in violation immediately for action, this issue is becoming a safety, damage and environmental concern.(To be Referred to the Committee on Ordinances, Police Chief Cordeiro, Fire Chief Gomes, EMS Director McGraw, Department of Inspectional Services Director Romanowicz, and Health Department Director Weis)

20.     COMMUNICATION, Councillor Lopes, submitting a petition signed from residents of Aquidneck, Teresa, Frieda and Margaret Streets requesting that Aquidneck Street, between East Rodney French Boulevard and Mina Street be switched back to a two-way street.  (To be Referred to the Traffic Commission.

21.     COMMUNICATION, Dr. Pia Durkin, Superintendent of Schools, notifying that at a regular School Committee Meeting on June 13, 2016, the School Committee voted to accept the property designated “Proposed Lot A” as shown on a plan entitled “Paul Walsh Field, Hunter St. New Bedford, MA  02740” and which constitutes a portion of Assessor’s Map 63, Lot 2, from the New Bedford City Council, effective September 6, 2016. (To be Received and Placed on File; Copy all Councillors via email 06/14/2016.)
TABLED BUSINESS

NO ITEMS ON THIS AGENDA.