| | | | | | | | COMMITTEE ON ORDINANCES - September 22, 2021
MEETING AT 7:00 PM,
133 William Street, City Hall, 2nd Floor, City Council Chambers AGENDA | | | |
| | | | | | | | | 1. WRITTEN MOTION, Councillors Dunn, Abreu, Baptiste, Giesta and Lima, requesting, that the City of New Bedford treat the Covid-19 deaths of all public safety personnel as a presumed line of duty death, thereby entitling the surviving spouse to a pension equal to the amount of regular compensation the member would have received had he or she been receiving the maximum salary for the position at the time of his or her death; and further should state legislation be required to extend this benefit, the New Bedford City Council is on record supporting said Legislation. (To be Referred to the Committee on Ordinances.) (Ref’d 07/15/2021) | | | | |
INVITEES: David Gerwatowski, Legal Counsel Attorney; Mikaela McDermott, City Solicitor; Judith A. Perkins, Personnel Director; Billy Sylvia, President, New Bedford Fire Union; Hank Turgeon, President, New Bedford Police Union; Maurice Vezina, President, AFSME Union
| | | | | 2. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDINANCE, amending Chapter 12, Health and Sanitation, Article II, Littering Generally, by adding Section 12-41.1, Duty of Property Owners to maintain Yard and Adjacent Areas. (Ref’d 04/08/2021)
2a. AN ORDINANCE, (Ref’d 04/08/2021) | | | | |
INVITEES: Mark Champagne, Director, Facilities and Fleet Management; John Flor, Associate City Solicitor; David Gerwatowski, Legal Counsel Attorney
| | | | | 3. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDINANCE, amending Chapter 17, Offenses and Miscellaneous Provisions, subjecting violators of Chapter 12, Section 12-41.1 – Duty of Property Owners to Maintain Yard and Adjacent Areas to a graduated fine regime, and adding the offenses and associated fines to Section 17-18, Noncriminal Disposition of Violations of Certain Ordinances, Rules and Regulations; AND, Section 17-28, Chapter 40U of the Massachusetts General Laws. (Ref’d 04/08/2021)
3a. AN ORDINANCE, (Ref’d 04/08/2021) | | | | |
INVITEES: Mark Champagne, Director, Facilities and Fleet Management; John Flor, Associate City Solicitor; David Gerwatowski, Legal Counsel Attorney
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| | | | | | | | Chair Suggests 'No Further Action' and 'Report Out to the Full City Council' | | | |
| | | | | | | | | 4. RELATED MOTION, Councillor Carney, requesting, that all Request for Proposals (RFP) involving contracts that the City Council is required to approve be submitted to the City Council before the RFP is released to proposed bidders. (To be Referred to the Committee on Ordinances and the Administration.) (Ref’d 03/22/18) (04/24/18-returned UNSIGNED by the Mayor)
| | | | | | | | | | | 5. WRITTEN MOTION, Councillor Rebeiro, requesting that the Council explore the opportunity to become a Human Rights City and discuss the research done by U/Mass Dartmouth students during a Committee on Ordinances meeting as to the benefits to the Citizens and what this entails in greater detail. (To be Referred to the Committee on Ordinances.) (Ref’d 04/12/18) (05/15/18-tabled 60 days)
| | | | | | | | | | | 6. WRITTEN MOTION, Councillors Coelho, Abreu, Lopes, Giesta, Dunn and Lima, requesting, that the Committee on Ordinances revisit the Ordinance, Chapter 17, Section 14, pertaining to false alarm calls placed throughout the City to the Police Department to update said Ordinance, to reduce the number of 911 calls that are placing a strain on Police Department resources. (To be Referred to the Committee on Ordinances.) (Ref’d 07/19/18) (09/17/18-tabled 30 days) (03/12/19-remain on the table)
| | | | | | | | | | | 7. WRITTEN MOTION, Councillor Giesta, requesting that the Committee on Public Safety and Neighborhoods invite Police Chief Joseph Cordeiro, Executive Secretary to the Traffic Commission, Scott Downing and the Commissioner of Inspectional Services, Danny Romanowicz to a meeting to discuss the enforcement and effectiveness of the current Ordinance relative to heavy truck parking in residential zones under Chapter 23, Section 23-23 of the City Code. (Referred to the Committee on Public Safety and Neighborhoods – August 16, 2018; To be Referred to the Committee on Ordinances.) (Ref’d 12/13/18) (04/09/19-tabled) (07/09/19-tabled 60 days)
| | | | | | | | | | | 8. REPORT, Committee on Licensing and Zoning for Cannabis, recommending to the City Council that the Host Agreement Committee, appointed by the Administration, review the current Cannabis Zoning Ordinance to see if they are able to identify any zoning and/or other issues that may affect the marijuana business application process and that they report their findings to the Committee on Ordinances. (To be Referred to the Committee on Ordinances.) (Ref’d 01/10/19)
| | | | | | | | | | | 9. RELATED MOTION, Council President Morad, requesting that the Director of Personnel submit to the Chairman of the Committee on Ordinances and to all members of the Committee, a list of all heads of departments and senior level administrative positions that are or may be appointed by the Mayor for a defined term of more than one (1) year; and that upon receipt of said list, the Chairman schedule a meeting of the Committee to review the list and determine if the length of the term of such positions may cause impediments for a subsequent Mayor to be able to execute his or her vision and direction for the City; and further, that the Committee and City Council take whatever legislative action deemed necessary and appropriate after said review. (Ref’d 02/14/19) (06/14/19 – Letter sent to Sandra Vezina requesting the information outlined in this motion.) (09/03/19 – Response received from Sandy Vezina; forwarded to all Councillors via email on 09/04/19)
| | | | | | | | | | | 10. WRITTEN MOTION, Councillors Rebeiro, Dunn, Abreu, Lima and Lopes, requesting that the City look into allowing restaurants and bars to pay an annual fee for one parking space to accommodate valet parking. (To be Referred to the Committee on Ordinances.) (Ref’d 04/11/19)
| | | | | | | | | | | 11. WRITTEN MOTION, Councillors Carney and Dunn, requesting that DPI Commissioner Jamie Ponte meet with the Committee on Ordinances to discuss the $50.00 fee that residents are being charged for exterior meters. (To be Referred to the Committee on Ordinances.) (Ref’d 05/09/19) (06/25/19-tabled 60 days)
| | | | | | | | | | | 12. WRITTEN MOTION, Councillors Dunn and Markey, requesting, that the Committee on Ordinances explore drafting local codes that prohibit the siting of biosolids, municipal waste, and sewage sludge processing facilities, similar to the proposed Parallel Products facility, within the City of New Bedford going forward. (To be Referred to the Committee on Ordinances.) (Ref’d 05/23/19) (07/09/19-tabled)
| | | | | | | | | | | 13. WRITTEN MOTION, Councillors Coelho and Rebeiro, requesting that the Committee on Ordinances, invite Election Commissioner Manuel DeBrito, to a meeting to discuss changing the City Charter that candidates can only file for one office per Municipal Election. (Ref’d 09/26/19)
| | | | | | | | | | | 14. WRITTEN MOTION, Councillor Dunn, requesting, that Derek Santos, Executive Director, New Bedford Economic Development Council, City Solicitor Mikaela McDermott, Inspectional Services Commissioner Danny Romanowicz and City Planner Tabitha Harkin be invited to attend the Committee on Ordinances to discuss overhauling City codes as they relate to business attraction and retention; and further requesting that City Planner Tabitha Harkin update the Committee on the Form Based Code. (To be Referred to the Committee on Ordinances.) (Ref’d 10/24/19)
| | | | | | | | | | | 15. WRITTEN MOTION, Councillor Lopes, requesting that the Committee on Ordinances amend the Code of Ordinances, Chapter 9, Section 4130B, by deleting the words “Marijuana Establishment” from Section 4131B (ii) (a). (Referred to the Committee on Ordinances and the Planning Board.) (Ref’d 11/14/19) (12/09/19 – Remain in Committee)
15a. COMMUNICATION, Tabitha Harkin, City Planner, to Councillor Hugh Dunn, Chairman, Committee on Ordinances, advising that the Planning Board held a public hearing on November 4, 2019, to discuss the proposed request to amend the marijuana establishment zoning ordinance; the Planning Board voted to send an UNFAVORABLE RECOMMENDATION, recommending the City Council deny the request for the proposed amendment to the marijuana establishment zoning ordinance. (Ref’d 11/18/19) (12/09/19 – Remain in Committee)
| | | | | | | | | | | 16. WRITTEN MOTION, Councillors Lopes, Coelho, Abreu, Giesta, Gomes, Carney, Markey, Dunn and Lima, requesting that the Committee on Ordinances draft an Ordinance that governs the future usage of commercial electric scooters in the City of New Bedford. (To be Referred to the Committee on Ordinances.) (Ref’d 11/26/19)
| | | | | | | | | | | 17. WRITTEN MOTION, Council President Lopes and Councillor Lima, requesting that the Committee on Ordinances establish a moratorium, with exception of Pilot projects with either a Council Motion or with approval of the Ward Councillor, regarding Dockless Transportation Programs until a regulator system is established in the City of New Bedford. (Ref’d 02/13/2020)
| | | | | | | | | | | 18. COMMUNICATION, Mayor Mitchell, to City Council, submitting two (2) ORDERS, approving the New Bedford Waterfront Redevelopment Plan: Focus Area North and New Bedford Waterfront Redevelopment Plan: Focus Area South; also submitting AN ORDINANCE, amending Chapter 9, Section 2110, replacing Wamsutta Mill Overlay District and WEDROD District with a Waterfront Mixed Use District and amending the Working Waterfront Overlay District and Hicks Logan Sawyer IPOD. (Ref’d 01/14/2021) (03/15/2021 – tabled)
18a. AN ORDER, New Bedford Waterfront Redevelopment Plan: Focus Area North (Ref’d 01/14/2021) (03/15/2021 – tabled)
18b. AN ORDER, New Bedford Waterfront Redevelopment Plan: Focus Area South (Ref’d 01/14/2021) (03/15/2021 – tabled)
18c. AN ORDINANCE, amending Chapter 9, ZONING (Ref’d 01/14/2021) (03/15/2021 – tabled)
18d. COMMUNICATION, Anne Louro, Acting Director, Planning Board, to Councillor Hugh Dunn, Chairman, Committee on Ordinances, advising that the Planning Board held a public hearing on March 10, 2021 to discuss the proposed request for amending the City of New Bedford Zoning By-laws, Chapter 9, to include a new Waterfront Mixed Use District; the Planning Board voted to send a FAVORABLE RECOMMENDATION, recommending that the City Council approve the request for amending the City of New Bedford Zoning By-laws, Chapter 9, to include a new Waterfront Mixed Use District, while encouraging engagement between the Planning Department, consultant, and stakeholders prior to a vote by the Council. (Ref’d 03/12/2021) (03/15/2021 – tabled)
| | | | | | | | | | | 19. COMMUNICATION, Mayor Mitchell, to City Council, resubmitting a proposed Order approving the New Bedford Waterfront Redevelopment Plan: Focus Area North and the New Bedford Waterfront Redevelopment Plan: Focus Area South, along with financial plans for these areas and amendments to current zoning. (Ref’d 04/22/2021)
19a. AN ORDER, New Bedford Waterfront Redevelopment Plan: Focus Area North (Ref’d 04/22/2021)
19b. AN ORDER, New Bedford Waterfront Redevelopment Plan: Focus Area South (Ref’d 04/22/2021)
19c. AN ORDINANCE, amending Chapter 9, Section 2110 (Ref’d 04/22/2021)
19d. COMMUNICATION, Jennifer Carloni, Director, City Planning, to Councillor Hugh Dunn, Chairman, Committee on Ordinances, advising that the Planning Board held a public hearing on June 9, 2021 to discuss the proposed request for a recommendation of the Waterfront Redevelopment Plans for Focus Area North and Focus Area South; the Planning Board voted to send a FAVORABLE RECOMMENDATION, recommending that the City Council approve the request for the Waterfront Redevelopment Plans for Focus Area North and Focus Area South. (Ref’d 06/10/2021)
| | | | | | | | | | | 20. WRITTEN MOTION, Council President Lopes, requesting that the Committee on Ordinances and the Planning Board review the following request to rezone properties shown on Assessors Map as Map 31, Lot 142 (13 Rivet Street); Map 31, Lot 143 (1 Rivet Street); Map 31, Lot 197 (371, 383 R South Front Street); Map 31, Lot 232 (756 South Water Street); and Map 31, Lot 239 (56 Potomska Street) from Industrial B to Mixed-Use Business. (Ref’d 06/24/2021) (Duly advertised in The Standard-Times on Monday, August 09, 2021 and Monday, August 16, 2021.)
20a. COMMUNICATION, Jennifer Carloni, Director, City Planning, to Councillor Hugh Dunn, Chairman, Committee on Ordinances, advising that the Planning Board held a public hearing on August 11, 2021 to discuss the proposed request to rezone properties shown on Assessors Map as Map 31, Lot 142 (13 Rivet Street); Map 31, Lot 143 (1 Rivet Street); Map 31, Lot 197 (371, 383 R South Front Street); Map 31, Lot 232 (756 South Water Street); and Map 31, Lot 239 (56 Potomska Street) from Industrial B to Mixed-Use Business; the Planning Board voted to send a FAVORABLE RECOMMENDATION, recommending that the City Council approve the request to rezone properties shown on Assessors Map as Map 31, Lot 142 (13 Rivet Street); Map 31, Lot 143 (1 Rivet Street); Map 31, Lot 197 (371, 383 R South Front Street); Map 31, Lot 232 (756 South Water Street); and Map 31, Lot 239 (56 Potomska Street) from Industrial B to Mixed-Use Business. (Ref’d 08/12/2021)
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In accordance with the Americans with Disabilities Act (ADA), if any accommodations are needed, please contact the Clerk of Committees Office at 508-979-1482. Requests should be made as soon as possible but at least 48 hours prior to the scheduled meeting. | | | | | | | | | |
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