1. HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of one (1) FO stub pole in MAPLE STREET. (Continued from the June 9, 2022 City Council Meeting.)

1a. AN ORDER, (Continued from the June 9, 2022 City Council Meeting.)

M1.      COMMUNICATION, Mayor Mitchell, to City Council, submitting for Confirmation of the following individuals as NEW BEDFORD POLICE OFFICERS, all of whom all been previously sworn in:

Morris Keniston                  Paul Fernandez                         Esmael Almeida

 William Mouyos                  William Miranda                        Stephens Lima

David Lahti                         Taylor Souza                             Owen Azevedo

George Coto                      Evan Bretal-Paiva                     James H. Sullivan

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of JENNIFER A. VIEIRA, as the DIRECTOR of the DEPARTMENT OF FACILITIES AND FLEET MANAGEMENT.

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER authorizing the City to enter into a Capital Lease for the purchase of replacement vehicles assigned to the Department of Facilities and Fleet Management, the Department of Public Infrastructure, Resilience and Environmental Stewardship and the Zoo.

M3a.    AN ORDER,

M4.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, authorizing the Chief of Police or his designee to assign police details to polling locations for all future elections starting with the State Primary on September 6, 2022.

M4a.    AN ORDER,

M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, calling for a Special Municipal Election to be held on November 8, 2022 and that the question “Shall this City be added to the Massachusetts Bay Transportation Authority?” be placed on the ballot.

M5a.    AN ORDER,

M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDINANCE, amending Chapter 2, Article XI – New Bedford Historical Commission; Historic Districts, providing for the establishment of the Abolition Row and Mechanics Lane Historic Districts.

M6a.    AN ORDINANCE,

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT, for Ramon Silva, 150 Hawthorn Street, New Bedford, Ma in the amount of $1,544.28.

M8.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of REVEREND MICHAEL S. RACINE, New Bedford, MA to the CEMETERY BOARD, replacing Jill M. Ussach, whose term has expired; this term will expire December 2024.

M9.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of RICARD REZENDES, New Bedford, MA to the LICENSING BOARD, replacing Steven A. Beauregard, whose term has expired; this term will expire June 2026.

2. REPORT, Committee on City Property, informing the City Council that the City Property Committee determined that the described third floor in the building commonly known as the Quest Center, located at 1213 Purchase Street in New Bedford, is not currently needed for municipal purposes.

3. REPORT, Committee on City Property, recommending that the City Council authorizes the City to offer the described third floor of the building commonly known as the Quest Center, located at 1213 Purchase Street in New Bedford, for lease.

4. REPORT, Committee on City Property, recommending that the City Council authorizes the City’s Purchasing Department, in close consultation with the City Property Committee Chair, Councillor Giesta, to proceed with issuing the Request For Proposals (RFP) in accordance with Chapter 30B Sec. 16 of the General Laws in accordance with Section 2-16 of the City Code; and that all bids received be submitted to the Committee on City Property with any written recommendation for selection that the Administration may choose to make to the Committee; and further that the RFP be substantially similar to the Draft RFP that has been received by this Committee relative to this property.

5. REPORT, Committee on Fisheries, recommending that the City Council ask the Administration to petition the States Division of Marine Fisheries to consider allowing the transfer of contaminated shellfish to clean water areas.

6. REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the ORDINANCE, Rezoning Map 31, Lots 142, 143, 197, 232 and 239 from Industrial B to Mixed-Use Business.

6a. AN ORDINANCE, (Referred to the Committee on Ordinances – November 23, 2021.)

7. REPORT, Committee on Finance, recommending to the City Council ADOPTION, of the LOAN ORDER, AS AMENDED, appropriating $10,270,000 for the purpose of making critically needed repairs to City-owned buildings, including but not limited to projects for the repair and renovation of public safety facilities, recreational facilities, general office space, and roads and infrastructure and all cost incidental and related thereto.

7a. LOAN ORDER, as Amended (Referred to the Committee on Finance – July 21, 2022.)

8. REPORT, Committee on Fisheries, recommending to the City Council to take “NO FURTHER ACTION” on the WRITTEN MOTION, Council President Lopes, requesting that the New Bedford Port Authority provide the members of the City Council with status report for aquaculture farming in New Bedford.

8a. WRITTEN MOTION, Council President Lopes, requesting that the New Bedford Port Authority provide the members of the City Council with status report for aquaculture farming in New Bedford. (Referred to the Committee on Fisheries – January 28, 2021.)

9. REPORT, Committee on Fisheries, recommending to the City Council to take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Giesta, submitting a copy of a letter regarding the large turnover of employees at the New Bedford Port Authority.

9a. COMMUNICATION, Councillor Giesta, submitting a copy of a letter regarding the large turnover of employees at the New Bedford Port Authority.  (Referred to the Committee on Fisheries – January 28, 2021.)

10. REPORT, Committee on Fisheries, recommending to the City Council to take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Giesta, submitting a copy of the Department of Environmental Protection’s Written Determination and Draft Waterways License for Map 53, Parcels 255, 254, 253, 252 and 120 (Co-Op and Fisherman’s Wharves) MacArthur Drive, New Bedford, MA; the Black Whale and the New Bedford Harbor Development Commission request to maintain changes in use of two existing buildings and accessary use areas and for construction and maintenance of an enclosed deck for a restaurant dining area and appurtenant walkways.

10a. COMMUNICATION, Councillor Giesta, submitting a copy of the Department of Environmental Protection’s Written Determination and Draft Waterways License for Map 53, Parcels 255, 254, 253, 252 and 120 (Co-Op and Fisherman’s Wharves) MacArthur Drive, New Bedford, MA; the Black Whale and the New Bedford Harbor Development Commission request to maintain changes in use of two existing buildings and accessary use areas and for construction and maintenance of an enclosed deck for a restaurant dining area and appurtenant walkways. (Referred to the Committee on Fisheries – March 11, 2021.)

11. REPORT, Committee on Fisheries, recommending to the City Council to take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Giesta, submitting a Department of Environmental Protection’s Letter of Clarification to the Written Determination and Draft Waterways License for Map 53, Parcels 255, 254, 253, 252 and 120 (Co-Op and Fisherman’s Wharves) MacArthur Drive, New Bedford, MA; this letter affirms that the Written Determination and Draft License on this matter does not include or advance the issuance of a License for the Whale’s Tail Clam Shack or related uses.

11a. COMMUNICATION, Councillor Giesta, submitting, submitting a Department of Environmental Protection’s Letter of Clarification to the Written Determination and Draft Waterways License for Map 53, Parcels 255, 254, 253, 252 and 120 (Co-Op and Fisherman’s Wharves) MacArthur Drive, New Bedford, MA; this letter affirms that the Written Determination and Draft License on this matter does not include or advance the issuance of a License for the Whale’s Tail Clam Shack or related uses. (Referred to the Committee on Fisheries – March 11, 2021.)

12. WRITTEN MOTION, Council President Abreu, requesting that Rule 21A of the City Council Rules of Order be suspended until, March 31, 2023 whereby members of the City Council will be able to participate and vote on matters in City Council and Committee meetings from remote locations by utilizing a suitable electronic means that establishes meaningful participation in any such meeting up to, but not after, said date.

13. WRITTEN MOTION, Councillor Gomes, Giesta, Lima, Council President Abreu and Councillor Morad, requesting that the Committee on Appointments and Briefings hold a meeting with Officials from Parallel Products, the Mitchell Administration and the City Solicitor for the purpose of explaining the agreement that the City and the Mayor entered into with Parallel Products which allows Mr. Tim Cusson, CEO of Parallel Products to move forward with the construction plan in the New Bedford Business Park; and further, an explanation as to why the residents of Pine Hill and Sassaquin areas were not notified before the signing of this agreement which will affect the quality of life for the residents and businesses in the area for many years to come; and further that the Administration provide the City Council, residents, and business owners in the area, an explanation on how this agreement of receiving $800,000 a year will benefit the abutting area and the City; and whereas the New Bedford City Council signed onto a letter submitted to MEPA on May 10, 2021 along with Mayor Jon Michell, expressing strong opposition to the establishment of a glass/solid waste/biosolids processing facility to be operated by Parallel Products at 100 Duchaine Boulevard; although changes have been made to the project proposal, the City Council will send a letter expressing our continued opposition to this project in its entirety because of the detrimental impact it would have on the residents, businesses and the community of New Bedford; the City has been subjected to multiple environmental injustices and this project will in fact be another one; and furthermore, the City Council would also like to state its opposition to the City’s Host Agreement entered into with Parallel Products, and that the New Bedford City Council was unaware any of agreement, as it was entered into solely by Mayor Jon Mitchell. (To be Referred to the Committee on Appointments and Briefings and Waive Rule 40.)

14. WRITTEN MOTION, Councillors Burgo, Giesta, Gomes, Markey and Morad, requesting that within the next 30 days, the City Auditor, City Solicitor and Interim Chief Financial Officer provide a detailed accounting of all monies spent to date from the $250,000 appropriated by the City Council in August 2019 to retain the Boston based municipal law firm KP Law, PC to fund legal expenses in conjunction with the City’s opposition to the expansion of Parallel Products; and further that in addition to said detailed accounting the City Council Committee on Finance be provided with copies of all invoices from KP Law, PC, or any other companies, reflecting itemized explanations for services provided. (To be Referred to the Committee on Finance.)

15. WRITTEN MOTION, Councillors Gomes and Dunn, requesting, that Legal Counsel draft language, potentially amending City Code Chap. 24, Section 24-8, as follows:

When a taxicab is engaged the rate will be…………………..$3.00 (from current rate of $2.00)

For each succeeding 1/10 mile or fraction thereof………….  $0.45 (from current rate of $0.35)

For each 41 seconds of waiting time or fraction thereof……. $0.45 (from current rate of $0.35)

And furthermore, that Taxi company owners operating within the City be invited to a meeting of the Committee on Ordinances in order to discuss these potential rate changes.  (To be Referred to the Committee on Ordinances.)

16. WRITTEN MOTION, Councillor Morad, submitting a copy of an August 11, 2022 Public Records Request addressed to the City of New Bedford Records Access Officer for information related to expenditures from the City of New Bedford FY2023 budget.  (To be read into the record, Received and Placed on File and Referred to the Committee on Internal Affairs.)

17. WRITTEN MOTION, Councillor Morad, Vice Chair of the Audit Committee, requesting that under the City Code, Section 2-70 that the Audit Committee be provided, by the 10th of each month, a summary report of all expenditures from the City of New Bedford FY2023 budget, said report shall be provided to the Chair of the Audit Committee in print copy and will reflect by department and by expenditure category; the approved FY2023 budget allocation, expenditures for the month and year to date totals; and further the Audit Committee will reserve it's right under the City Code, Section 2-70 to examine individual expenditures as needed throughout the year. (To be Referred to the Acting Chief Financial Officer, the City Auditor and the Committee on Audit.)

18. WRITTEN MOTION, Councillor Morad, requesting that Mayor Jon Mitchell, provide in writing a policy statement clarifying his recent directive to City Department Heads regarding their response to requests from City Councillors for information and/or constituent services, said policy statement shall be provided to all City Councillors within 10 business days of this request. (To be Referred to Mayor Jon Mitchell.)  

19. WRITTEN MOTION, Councillor Gomes, requesting that an amendment to Section 1 of the Home Rule Petition with the State, regarding the Appointment of Special Police Officers in the City of New Bedford, the change of the wording is Chapter 32 of the general law it should read: “No retired Police Officer shall be eligible for an appointment of a Special Police Officer if the applicant has attained the age of 70 and any Officer so appointed shall be terminated upon attaining the age of 70”; this is a home rule petition amendment to enable New Bedford Police Officers over the age of 65 the ability to be assigned to detail work in the City in New Bedford. (To be Referred to the Mayor, the Police Chief, our local State Delegation and the Committee on Public Safety and Neighborhoods.)

20. WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Appointments and Briefings meet with Chairman George Smith and Members of the Commission for Citizens with Disabilities, the Council on Aging Board, the Director or Representative of the New Bedford Housing Authority and a Representative from Peabody Property for the purpose of discussing issues affecting seniors in public and private senior housing throughout the City. (To be Referred to the Committee on Appointments and Briefings.)

21. WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Appointments and Briefings meet with Mitchell Administration for the purpose of discussing what the City is doing to address the increasing rent prices such as 50% to 75%, that is affecting many seniors and families across the City; and further that at said committee meeting, we discuss the possibilities of establishing a Rent Control Board in the City of New Bedford. (To be Referred to the Committee on Appointments and Briefings.)

22. WRITTEN MOTION, Councillor Gomes, requesting that the Committee on City Property meet with the new owners of the former Hallmark Nursing Home on Rockdale Avenue and the former Sassaquin Nursing Home on Acushnet Avenue for the purpose of discussing what their plans are at said locations. (To be Referred to the Committee on City Property.)

23. WRITTEN MOTION, Councillor Burgo, requesting that the staff from Steppingstones, Inc. come before the Special Committee on Affordable Housing and Homeless Affairs to discuss the work that they are doing with the homeless.

24. WRITTEN MOTION, Councillor Burgo, requesting that Dr. Erica Barratt and her team from SSTAR come before the Special Committee on Affordable Housing and Homeless Affairs to discuss health related issues with the City’s homeless population.

25. WRITTEN MOTION, Councillor Burgo, requesting that United Interfaith Action (UIA) meet with the Special Committee on Affordable Housing and Homeless Affairs to discuss their goals for the City's prioritization in addressing affordable housing and homelessness, particularly through an increase in funding such as CPA and CDBG funds in specific areas of housing.

26. WRITTEN MOTION, Councillor Baptiste, requesting, that the Special Committee on Cannabis Regulation and Host Community Agreements Review be discharged of the following matters and the Host Community Agreement be approved:

  COMMUNICATION, Mayor Mitchell, to City Council, submitting an Amended Host Community Agreement with Metro Harvest, Inc., of East Freetown, Massachusetts, for a State license for the sale of recreational adult use marijuana at its proposed facility at 507-513 Church Street in New Bedford. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – June 23, 2022.)

FIRST AMENDED HOST COMMUNITY AGREEMENT, An Agreement between the City of New Bedford and Metro Harvest, Inc., to operate a recreational adult use marijuana facility at 507-513 Church Street. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – June 23, 2022.)

26a. COMMUNICATION, Mayor Mitchell, to City Council, submitting an Amended Host Community Agreement with Metro Harvest, Inc., of East Freetown, Massachusetts, for a State license for the sale of recreational adult use marijuana at its proposed facility at 507-513 Church Street in New Bedford. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – June 23, 2022.)

26b. FIRST AMENDED HOST COMMUNITY AGREEMENT, An Agreement between the City of New Bedford and Metro Harvest, Inc., to operate a recreational adult use marijuana facility at 507-513 Church Street. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – June 23, 2022.)

27. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Fritz G. Barthelemy, 800 Pleasant Street, Apt. 1105, New Bedford, MA 02740 d/b/a TAP TAP Medical Transportation, 303 Coggeshall Street, New Bedford, MA 02746, hereby submitting a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE, to carry passengers for hire over the streets of New Bedford. (License will expire June 30, 2023.)

28. COMMUNICATION, Manuel DeBrito, Board of Election Commissioners, to City Council, submitting the Election Warrant for the Tuesday, September 6, 2022 State Primary, the warrant needs to be signed by the majority of the City Council and must be posted on the 7^th 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.

29. COMMUNICATION, New Bedford Housing Authority, submitting a copy of their Proposed Annual Plan for Fiscal Year 2023 for State-Aided Public Housing. (To be Received and Placed on File.)