NovusAGENDA


CITY COUNCIL CALENDAR Thursday, October 27, 2016 *************


OPENING OF SESSION BY


CITY COUNCIL PRESIDENT LINDA M. MORAD
*************


PRAYER LED BY:


REVEREND CHRISTOPHER MORCK, GRACE EPISCOPAL CHURCH
*************


HEARINGS


		1. HEARING, First Assistant City Solicitor, to City Council, pursuant to an Order of the City Council dated September 8, 2016, submitting a proposed Order for the Alteration of Rivet Street at South Front Street and at terminus, for the purpose of improving turn radius at the subject intersections. 1a. AN ORDER, 1b. CERTIFICATE OF VOTE, by the New Bedford Board of Park Commissioners waiving its right to an appraisal and damages, pursuant to M.G.L. c.79,§7A,relating to the permanent easements shown as PE-02 and PE-04 on a plan entitled “Layout Alterations Plan for Rivet Street at South Front Street and at Terminus.


MAYORS PAPERS


		M1. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER authorizing the extension of the Complus Parking Citation Data Processing Contract for an additional five (5) years upon the same terms and conditions that presently exist. M1a. AN ORDER,

		M2. COMMUNICATION, Mayor Mitchell to City Council, submitting AN ORDER for the TRANSFER of $30,000.00 from ZOO, SALARIES & WAGES to ZOO, CHARGES & SERVICES. M2a. AN ORDER,

		M3. COMMUNICATION, Mayor Mitchell to City Council, submitting AN ORDER for the TRANSFER of $30,000.00 from AIRPORT, SALARIES & WAGES to AIRPORT, CHARGES & SERVICES. M3a. AN ORDER,

		M4. COMMUNICATION, Mayor Mitchell, to City Council, submitting a one-year Waiver of Residency for RICHARD CALDERON, Fall River, MA, for the position of Assistant Procurement Officer/Buyer with the Purchasing Department.

		M5. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of KATHRYN DUFF, New Bedford, MA to the PLANNING BOARD; this term will expire October 2017.

		M6. COMMUNICATION, Mayor Mitchell, to City Council, submitting REAPPOINTMENT of PETER CRUZ, New Bedford, MA to the PLANNING BOARD; this term will expire August 2019.

		M7. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of ALEXANDER KALIFE, New Bedford, MA, to the PLANNING BOARD; this term will expire October 2019.


NEW BUSINESS


		2. COMMUNICATION, Mayor Mitchell, to City Council, submitting A VETO on October 6, 2016 at 2:23 p.m. of the Private Livery License for Robert M. Barnes, d/b/a R&M Enterprise, Inc. (VETO Received and Ordered Spread on the Records 10/13/2016.) 2a. OMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Robert M. Barnes, 204 Cedar Street, New Bedford, MA 02740, d/b/a R & M ENTERPRISE, INC., 67 Clifford Street, New Bedford, MA 02745, 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. (Referred to the Committee on Appointments and Briefings 05/26/2016; Livery License Granted 09/22/2016; VETOED by Mayor Mitchell 10/06/2016; VETO Received and Ordered Spread on the Records 10/13/2016.)

		3. REPORT, Committee on Memorials and Dedications, recommending to the City Council APPROVAL of Dedicating and naming the northwest area of Pope’s Island, currently known as “Marine Park” to Prince Henry “The Navigator” Park.

		4. REPORT, Committee on Memorials and Dedications, recommending to the City Council APPROVAL of the Department of Public Infrastructure Headquarters being named “The Ronald H. Labelle Public Infrastructure Complex, in honor of the former DPI Commissioner, Ronald H. Labelle, who recently retired after three decades of service to the City of New Bedford.

		5. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPLICATION, Dimex A. Ruiz of Real Blessing Car Care/Ruiz Auto Detailing, for a SPECIAL PERMIT for MOTOR VEHICLE LIGHT SERVICE at 308 Mill Street, New Bedford, MA 02740. 5a. APPLICATION, Dimex A. Ruiz of Real Blessing Car Care/Ruiz Auto Detailing, for a SPECIAL PERMIT for MOTOR VEHICLE LIGHT SERVICE at 308 Mill Street, New Bedford, MA 02740.

		6. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPLICATION AS AMENDED, for Jason Oliver of Cove Road Auto Sales, for a SPECIAL PERMIT for MOTOR VEHICLE SALES at 1421 Cove Road, New Bedford, MA 02744. 6a. APPLICATION AS AMENDED, Jason Oliver of Cove Road Auto Sales, for a SPECIAL PERMIT for MOTOR VEHICLE SALES at 1421 Cove Road, New Bedford, MA 02744

		7. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPLICATION, Robert E. Hathaway, Jr. of Hathaway Collision Center for a SPECIAL PERMIT for MOTOR VEHICLE BODY REPAIR at 167 Potter Street, New Bedford, MA 02740. 7a. APPLICATION, Robert E. Hathaway, Jr. of Hathaway Collision Center for a SPECIAL PERMIT for MOTOR VEHICLE BODY REPAIR at 167 Potter Street, New Bedford, MA 02740.

		8. REPORT, Committee on Appointments and Briefings recommending to the City Council to take “NO FURTHER ACTION” on behalf of Douglas Furtado, 39 Perry Street, Dartmouth, MA 02748 d/b/a IDEAL LIMO, 439 Bolton Street, New Bedford, MA 02740, hereby resubmitting a copy of the Application requesting a RENEWAL of a 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. (Previous Application was denied on August 18, 2016; Current License expired August 20, 2016.) 8a. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Douglas Furtado, 39 Perry Street, Dartmouth, MA 02748 d/b/a IDEAL LIMO, 439 Bolton Street, New Bedford, MA 02740, hereby resubmitting a copy of the Application requesting a RENEWAL of a 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. (Previous Application was denied on August 18, 2016; Current License expired August 20, 2016.)(Referred to the Committee on Appointments and Briefings – September 08, 2016.)

		9. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL on behalf of EDDIE GABBIDON d/b/a APPLE TRANSPORTATION SERVICES, 2110 Phillips Road, New Bedford, MA 02745, hereby submitting 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. 9a. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of EDDIE GABBIDON d/b/a APPLE TRANSPORTATION SERVICES, 2110 Phillips Road, New Bedford, MA 02745, hereby submitting 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. (Referred to the Committee on Appointments and Briefings – September 22, 2016.)

		10. REPORT, Committee on Finance, recommending to the City Council to accept the Amendment to the City of New Bedford Tax Increment Financing Program Policies and Guidance, Section III (C) (a), as amended as follows: “3. Job Retention and/or creation shall be used as a measure to determined [sic] the value of savings to be offered using the following minimum guidelines: a. the equivalent of five new jobs for every $1.00 through $50,000.00 in assessed value of TIF relief. Each new job created under a proposed project shall pay a minimum of 110% of the Commonwealth Minimum wage as of the date of project is submitted for approval;” and further that the City Council forward the amendment to the TIF Board for their consideration.

		11. REPORT, Committee on Finance, recommending to the City Council to APPROVE the LOAN ORDER AS AMENDED, in the amount of $63,000,000.00 to pay for costs of construction of water distribution and treatment systems improvements including, Quittacas Water Treatment Plant upgrades, High Hill Reservoir upgrades, a lead service abatement program, a water meter replacement and advanced metering infrastructure (AMI) upgrade program and general system improvements. 11a. LOAN ORDER, as Amended.

		12. REPORT, Committee on Finance, recommending to the City Council APPROVAL of the LOAN ORDER in the amount of $25,000,000.00 to pay costs of projects outlined in the City’s long term CSO Control and Integrated Capital Improvements Plan including supplemental integrated capital planning, wastewater collection system improvements, pumping station improvements, a wastewater collection system investigation program and MS4 permit compliance and reporting and general system improvements. 12a. LOAN ORDER,

		13. WRITTEN MOTION, Councillor Lopes, requesting that the Traffic Commission extend the two designated handicap parking spaces in front of the West Beach pavilion by 8 feet in order to accommodate vans that load/unload from the rear. (To be Referred to the Traffic Commission.)

		14. WRITTEN MOTION, Councillors Winterson, Abreu, Gomes, Council President Morad, Councillors Martins, Bousquet, Lopes, Carney and Coelho, requesting, that due to the lighting issue at Buttonwood Park, action be taken on Brownell Avenue, from Hawthorn Street to Fuller Memorial Parkway AND Fuller Memorial Parkway, from Brownell Avenue to Rockdale Avenue, to provide more illumination; and further, as many women jog early in the morning and in the evening after working hours, this is a safety issue, especially with daylight savings time about to begin; and further requesting, that alternative forms of lighting be explored, such as solar in an effort to keep all our residents safe. (To be Referred to Scott Durkee, Energy Director, DPI, Zeb Arruda, Commissioner, DPI and Patrick Sullivan, Director, Planning Housing and Community Development and CPA Board Members.)

		15. WRITTEN MOTION, Councillors Gomes, Bousquet and Abreu, requesting, once again that the Administration reconsider and halt all charges that are being considered and already implemented to nonprofit Organizations across the City; and further requesting, that the Administration and Parks, Recreation and Beaches, Director Rapoza appear before the Committee on Appointments and Briefings to discuss this matter; this is the second request being made on behalf of Organizations across the City that give back so much through tourism, scholarships, economic stimulants and more; these charges are devastating to them and possibly could put these nonprofit Organizations into a hardship or close the books on their contributions to the City andcultural activities that have been happening for decades. (To be Referred to the Committee on Appointments and Briefings.)

		16. WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Public Safety and Neighborhood meet with Police Chief Cordeiro for the purpose of discussing the implementation of using drones to monitor high crime neighborhoods for surveillance across the City, adding another tool in fighting crime; and further requesting, that the drones be used for surveillance and security proposes when the City is holding major events, along with monitoring the City as a whole. (To be Referred to the Committee on Public Safety and Neighborhoods.)

		17. COMMUNICATION/DEMOLITION, New Bedford Historical Commission, to City Council, re: BUILDING DEMOLITION REVIEW OF 149 ALLEN STREET, (MAP 41, LOT 147), a late 19th century wood-framed barn/garage structure – advising that “the property is not located in a National Register Historic District; the barn/garage is in poor condition due to extensive deferred maintenance. Restoration or preservation efforts would be impractical due to the existing condition of the structure; “in light of these findings, the Preservation Planner has determined that the barn/structure at 149 Allen Street is neither a Historically Significant nor a Preferably Preserved structure.” The Council may wish to note that the owner additionally intends to demolish a small wood-framed addition from 1942 at the rear of the main structure on this lot. Because that building addition is not seventy-five (75) years old, it is not subject to the Demolition Delay Ordinance and is therefore not included in this determination.

		18. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Tanya DePina d/b/a COMFORT TRANSPORTATION, LLC, 47 Lauren Drive, New Bedford, MA 02745, hereby submitting a copy of the Application requesting a RENEWAL of a 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. (Current License expires on November 12, 2016.)

		19. PETITION, Roger Chouinard, 4 Camardo Drive, Wareham, MA 02571 d/b/a PURCHASE STREET RECORDS, 767 Purchase Street, New Bedford, MA 02740, requesting that he be granted 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.

		20. COMMUNICATION, Maria Tomasia, Board of Election Commissioners, to City Council, submitting the Election Warrant for the Tuesday, November 8, 2016, State Election, the warrant needs to be signed by the majority of the City Council and must be posted on the 7th day prior to the Election date as mandated by M.G.L. c43, §44A, a copy of this warrant will be posted at each polling location.

		21. COMMUNICATION, Dennis W. Farias, City Clerk/Clerk of the City Council, submitting a response letter from Daniel Bertoldo, Interim CEO, Greater New Bedford Community Health Center, Inc. regarding the closing of the health center located at the Caroline Street Apartments. (Copy all Councillors 10/12/2016.)


TABLED BUSINESS


		No items on this Agenda.