NovusAGENDA


CITY COUNCIL CALENDAR Tuesday, November 24, 2015 *************


OPENING OF SESSION BY


CITY COUNCIL PRESIDENT BRIAN K. GOMES
*************


PRAYER LED BY:


REVEREND KEVIN TAYLOR, BETHEL AME CHURCH
*************


CITATIONS


		1. CITATION, Councillor Martins, honoring SUZANNE RICHARD, New Bedford Cable Network, in recognition of her winning First Place in the “Local Attractions” Category for her production of the 9^th Annual New Bedford Seafood Chowder Festival at the Northeast Chapter of the Alliance for Community Media Regional Awards.

		2. CITATIONS, Councillor Martins, honoring DANA DEBARROS and KEVIN VIDINHA, Videographers, New Bedford Cable Network, in recognition of their winning Third Place in the “Municipal/Government Programming” Category for the episode “City Jobs with Mayor Mitchell” at the Northeast Chapter of the Alliance for Community Media Regional Awards.

		3. CITATION, Councillor Martins, honoring NEW BEDFORD CABLE NETWORK, in recognition of their winning the top prize in the “Live Event or Programming” Category for “Homework Helpers” at the Northeast Chapter of the Alliance for Community Media Regional Awards.

		4. CITATIONS, Councillor Martins, honoring SUZANNE RICHARD, Chief Videographer, TOM SEXTON, Public Access Director, ETHAN LOPEZ, /Producer, KEVIN VIDINHA, Videographer,/Producer, NEW BEDFORD CABLE ACCESS, TAYLOR CORMIER, WBSM, Commentary, the late CAPTAIN JACK PETERSON, WBSM, Commentary, PETE BRALEY, Commentary and LAWRENCE FINNERTY, Commentary, in recognition of their superb coverage of the 2014 New Bedford Half-Marathon and winning a National Chapter of the Alliance for Community Media Award.

		5. CITATIONS, Council President Gomes, honoring OFFICER MICHAEL P. CASSIDY, New Bedford Police Department, DISTRICT CHIEF DAVID COOPER, LT. SHAWN SIVIL, FIREFIGHTERS JON KYLE CARLSON, JOSHUA CHARBONNEAU, STEVEN MOURAO, New Bedford Fire Department, PARAMEDICS MICHAEL MCBARRON and GIOVANNI RODRIGUEZ, Emergency Medical Services, in recognition of their dedication and professionalism while providing assistance during a birth/delivery of a baby on November 10, 2015, and also contributing to a successful team effort.


HEARINGS


		6. HEARING, on NSTAR Electric Company d/b/a/ EVERSOURCE ENERGY for location of one (1) 4” Conduit in SHIRLEY STREET, East of Shawmut Avenue. 6a. AN ORDER,


MAYORS PAPERS


		M1. COMMUNICATION, Mayor Mitchell, to City Council, submitting a renewal of a SIX-MONTH WAIVER OF RESIDENCY for CITY AUDITOR, ROBERT EKSTROM, Tiverton, RI.

		M2. COMMUNICATION, Mayor Mitchell, to City Council, submitting a renewal of a ONE-YEAR WAIVER OF RESIDENCY for TIMARIE MALO, Fairhaven, MA; Ms. Malo is the Librarian II/Branch Manager at the Casa da Saudade Branch Library.

		M3. COMMUNICATION, Mayor Mitchell, to City Council, submitting a renewal of a ONE-YEAR WAIVER OF RESIDENCY for SHANNON C. SHREVE, Sandwich, MA with the Office of the City Solicitor; current waiver expires November 2015.

		M4. COMMUNICATION, Mayor Mitchell, to City Council, submitting a renewal of a ONE YEAR WAIVER OF RESIDENCY for KERI A. LEBEAU, Tiverton, RI with the New Bedford Police Department, as a NIBRS Administrator.

		M5. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of ROSEMARY TIERNEY, New Bedford, to the GREATER NEW BEDFORD REGIONAL REFUSE MANAGEMENT DISTRICT, this term will expire June 2018.

		M6. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of JANE A. STOTT, New Bedford, to the COUNCIL ON AGING, this term will expire November 2018.

		M7. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of STANLEY OCIESA, New Bedford, to the COUNCIL ON AGING, this term will expire November 2018.

		M8. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of PATRICIA A. COSTA, New Bedford, to the COUNCIL ON AGING, this term will expire November 2018.

		M9. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of BRUCE DUARTE, SR., New Bedford, to the COUNCIL ON AGING, this term will expire November 2018.

		M10. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of VIRGINIA MORRISON, New Bedford, to the COUNCIL ON AGING, this term will expire November 2018.


NEW BUSINESS


		7. REPORT, Committee on Finance, recommending to the City Council, APPROVAL of the Agency (Mass Development) to assume the role of authority in financing a project for Parallel Products of New England, Inc., located at 50 Duchaine Boulevard, since the City does not have an active Industrial Development Finance Authority that would be available to undertake the financing of the Project. 7a. RESOLUTION, Requesting the Massachusetts Development Finance Agency Finance a Project for the Benefit of Parallel Products of New England, Inc., or an affiliate thereof.

		8. REPORT, Committee on Fisheries, recommending to the City Council ADOPTION of the ORDER, banning Commercial Shell Fishing in Clark’s Cove for a 10 year period starting January 01, 2016 until January 01, 2026; but Commercial Bullrakers and Scuba Drivers can fish in the Cove but they have to stay 100 feet off the jetties. 8a. AN ORDER, 8b. COMMUNICATION, David G. Cressman, Dartmouth Town Administrator, to DPI Commissioner Ronald Labelle, in a letter dated, November 03, 2015, notifying that the Dartmouth Select Board has no objection on the proposed closing of Clark’s Cove to Commercial Dredging and Shellfish.

		9. WRITTEN MOTION, Councillor Bousquet, requesting, on behalf of the residents of Rockdale Avenue, that several areas be considered for sidewalks and sidewalk improvement where there is a push for safe routes to schools; and further, that crosswalks also need to be assessed in an effort to make walking to school safer for children trying to do so. (To be Referred to the Department of Public Infrastructure, the Committee on Public Safety and Neighborhoods and the Mayor’s Office.)

		10. WRITTEN MOTION, Councillor Bousquet, requesting, on behalf of Mr. Roland Arguin, 62 Upton Street, that our Arborist inspect his City owned trees for safety reasons, the homeowner feels the trees are too large and need addressing before the winter weather blows them onto his property and damages his home. (To be Referred to the Department of Public Infrastructure.)

		11. WRITTEN MOTION, Councillor Bousquet, on behalf of residents of the Ward Three neighboring Hidden Brook Housing Development, who have public safety concerns, spot zoning concerns, and general quality of life concerns in the area, regarding the re-zoning of a property on Oakdale Street, residents object to having said property re-zoned. (To be Referred to the Planning Board and the Zoning Board of Appeals.)

		12. WRITTEN MOTION,Council President Gomes, Councillors Winterson, Lopes, Martins, Rebeiro, Coelho, Carney, Oliveira, Alves and Bousquet, requesting, AGAIN, that the New Bedford City Council go on record in support of ATI (Allegheny Technologies, Inc.) steelworkers of New Bedford and send a letter to the ATI Steelworkers President and CEO, urging them to bargain in good faith and respect the veteran workmanship, and get the steelworkers back to work; and further, that the City begin the process of recouping the thousands of dollars in Police detail and vehicle costs used during the details provided from day one in this steelworkers lockout; and further, that a letter be sent to Senators Warren and Markey, asking for their assistance in getting these steelworkers back to work.

		13. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Jenny Mesia d/b/a JENNY’S TRANSPORTATION, 88 Sagamore Street, New Bedford, MA 02740 hereby submit a copy of the Application requesting a NEW 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.

		14. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Maria Raposo d/b/a T&R TRANSPORTATION, 47 Elaine Avenue, New Bedford, MA 02745 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 September 11, 2015.)

		15. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Walter J. Callahan, P.O. Box 657, Mattapoisett, MA 02739 d/b/a TRANSIT SERVICES, INC., 987 Pleasant Street, New Bedford, MA 02740 hereby submit a copy of the Application requesting 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 December 18, 2015.)

		16. COMMUNICATION, City Engineer David Fredette, Recommendation of Acceptance of BISMARK STREET, 40 FEET WIDE, FROM THE SOUTH LINE OF MANILA STREET 555 FEET NORTHERLY TO END, the street has been constructed to conform to all rules and regulations as required by the City Code, Section 22-35, relative to the acceptance of new streets.

		16a. COMMUNICATION, City Engineer David Fredette, requesting the taking of required land for the layout and acceptance of BISMARK STREET, 40 FEET WIDE, FROM THE SOUTH LINE OF MANILA STREET 555 FEET NORTHERLY TO END, it becomes necessary to take an easement or fee for highway purposes.

		16b. COMMUNICATION, City Engineer David Fredette, recommending NO DAMAGES in connection with the layout and acceptance of BISMARK STREET, 40 FEET WIDE, FROM THE SOUTH LINE OF MANILA STREET 555 FEET NORTHERLY TO END.

		16c. COMMUNICATION, City Engineer David Fredette, defining metes and bounds in connection with the layout and acceptance of BISMARK STREET, 40 FEET WIDE, FROM THE SOUTH LINE OF MANILA STREET 555 FEET NORTHERLY TO END. (Map Included.)

		16d. AN ORDER, for a Hearing on THURSDAY, DECEMBER 17, 2015 AT 7:00 P.M. in City Council Chambers, City Hall, for the acceptance of BISMARK STREET, 40 FEET WIDE, FROM THE SOUTH LINE OF MANILA STREET 555 FEET NORTHERLY TO END.

		16e. AN ORDER, requesting the City Solicitor to prepare a LAYOUT ORDER for the layout and acceptance of contemplated proposed BISMARK STREET, 40 FEET WIDE, FROM THE SOUTH LINE OF MANILA STREET 555 FEET NORTHERLY TO END. (Hearing on said matter has been ordered for THURSDAY, DECEMBER 17, 2015, at 7:00 p.m., in City Council Chambers, City Hall.)

		17. COMMUNICATION, City Engineer David Fredette, Recommendation of Acceptance of BISMARK MEADOWS ROAD, VARIABLE WIDTH, FROM BISMARK STREET 637.37 FEET EASTERLY TO END OF CUL-DE-SAC, the owner Ana M. Reis, Trustee of Bismark Meadow Realty Trust has conformed to all rules and regulations as required by the City Code, Section 22-35, relative to the acceptance of new streets.

		17a. COMMUNICATION, City Engineer David Fredette, requesting the taking of required land for the layout and acceptance of BISMARK MEADOWS ROAD, VARIABLE WIDTH, FROM BISMARK STREET 637.37 FEET EASTERLY TO END OF CUL-DE-SAC, it becomes necessary to take an easement or fee for highway purposes in land belonging to Ana M. Reis, Trustee of Bismark Meadows Realty Trust.

		17b. COMMUNICATION, City Engineer David Fredette, recommending NO DAMAGES in connection with the layout and acceptance of BISMARK MEADOWS ROAD, VARIABLE WIDTH, FROM BISMARK STREET 637.37 FEET EASTERLY TO END OF CUL-DE-SAC, because the remainder has appreciated in value as a result of the layout to an amount which exceeds the value of the land dedicated and taken.

		17c. COMMUNICATION, City Engineer David Fredette, defining metes and bounds in connection with the layout and acceptance of BISMARK MEADOWS ROAD, VARIABLE WIDTH, FROM BISMARK STREET 637.37 FEET EASTERLY TO END OF CUL-DE-SAC. (Map Included.)

		17d. AN ORDER, for a Hearing on THURSDAY, DECEMBER 17, 2015 AT 7:00 P.M. in City Council Chambers, City Hall, for acceptance of BISMARK MEADOWS ROAD, VARIABLE WIDTH, FROM BISMARK STREET 637.37 FEET EASTERLY TO END OF CUL-DE-SAC.

		17e. AN ORDER, requesting the City Solicitor to prepare a LAYOUT ORDER for the layout and acceptance of contemplated proposed BISMARK MEADOWS ROAD, VARIABLE WIDTH, FROM BISMARK STREET 637.37 FEET EASTERLY TO END OF CUL-DE-SAC.(Hearing on said matter has been ordered for THURSDAY, DECEMBER 17, 2015, at 7:00 p.m., in City Council Chambers, City Hall.)

		18. COMMUNICATION, Council President Gomes, submitting a copy of the Statement from City Solicitor McDermott, regarding the City of New Bedford’s settlement with AVX Corporation (AVX) and Cornell-Dubilier Electronics, Inc. (CDE) for claims relating to the North Terminal Rail Yard and the Parker Street Waste site.

		19. COMMUNICATION/EMAIL, Councillor Bousquet, submitting a copy of an email from Carol Strupczcewski, Secretary from CLEAN, regarding the $8.5 million lawsuit settlement awarded to the City of New Bedford, relative to the Parker Street Waste Site (PSWS).

		20. COMMUNICATION, Councillor Martins, submitting a draft copy of the New Bedford Fire & Emergency Medical Services Study dated November 12, 2015.

		21. COMMUNICATION/EMAIL, Councillor Martins, submitting a copy of an email from Ms. Marie Barnes, 67 Pamela Drive, relative to the 120-122 Oakdale Street (Rockdale West) apartment building.

		22. COMMUNICATION, Councillor Lopes, submitting a request from the Prince Henry Society of MA, Inc., regarding the northwest area of Pope’s Island that is currently known as “Marine Park” be dedicated and named Prince Henry “The Navigator” Park on Pope’s Island. (To be Referred to the Special Committee on Memorials and Dedications, and that the Harbor Development Commission and Mary Rapoza, Director of Parks, Recreation and Beaches be invited to said meeting.)

		23. COMMUNICATION, Councillor Lopes, submitting a letter from Ray L’Heureux, Treasurer Fort Taber Military Museum regarding a Project Proposal for an archeological study with the potential lead to the location of the Fort’s cannons. (To be Referred to the Committee on Appointments and Briefings, and that the Fort Taber Military Museum’s Treasurer Ray L’Heureux and Mary Rapoza, Director Parks, Recreation and Beaches be invited to said meeting.)

		24. COMMUNICATION, Public Employee Retirement Administration Commission, to New Bedford Retirement Board, notifying that the amount of $30,810,829.00 is to be appropriated for the City’s retirement system for Fiscal Year 2017 which commences July 01, 2016. (Copy all Councillors 11/17/2015.)


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.