M1.   COMMUNICATION, Mayor Mitchell, to City Council, submitting An Order amending the existing lease between Nor East Aviation Services, Inc. and the City of New Bedford.

M1a.    AN ORDER,

M2.    COMMUNICATION, Mayor Mitchell, to City Council, submitting An Order authorizing the City to enter into a capital lease for the purchase of a rescue truck for the Fire Department in the amount of $260,000, rescinding the Order ADOPTED at the November 10th City Council Meeting.

M2a.    AN ORDER,

1. LOAN ORDER, that the City appropriate $1,705,504.00 to pay costs of purchasing and equipping two pumper trucks for the Fire Department. (Passed to a Second Reading – November 10, 2022.)

2. REPORT, Committee on Finance, recommending to the City Council APPROVAL of the LOAN ORDER in the amount of ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000), to authorize the borrowing of funds to pays costs of a schematic design/feasibility study for an accelerated repair project at the Elizabeth Carter Brooks Elementary School, 212 Nemasket Street.

2a. LOAN ORDER, (Passed to a Second Reading and Referred to the Committee on Finance in its Second Reading Stage – November 10, 2022.)

3. REPORT, Committee on Finance, recommending to the City Council APPROVAL of the LOAN ORDER in the amount of ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000), to authorize the borrowing of funds to pays costs of a schematic design/feasibility study for an accelerated repair project at the Ellen R. Hathaway Elementary School, 256 Court Street.

3a. LOAN ORDER, (Passed to a Second Reading and Referred to the Committee on Finance in its Second Reading Stage – November 10, 2022.)

4. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending to the City Council APPROVAL of the HOST COMMUNITY AGREEMENT, between the City of New Bedford and Elevation Retail LLC to operate a recreational adult only marijuana facility on Phillips Road.

4a. HOST COMMUNITY AGREEMENT, between the City of New Bedford and Elevation Retail LLC to operate a recreational adult only marijuana facility on Phillips Road. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – April 28, 2022.)

5. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending to the City Council APPROVAL of the FIRST AMENDED HOST COMMUNITY AGREEMENT, between the City of New Bedford and Metro Harvest, Inc., to operate a recreational adult use marijuana facility at 507-513 Church Street.

5a. FIRST AMENDED HOST COMMUNITY 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.)

6. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of JOSHUA AMARAL, New Bedford, MA 02746 as the DIRECTOR OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT.

6a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of JOSHUA AMARAL, New Bedford, MA 02746 as the DIRECTOR OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT. (Referred to the Committee on Appointments and Briefings – November 10, 2022.)

7. REPORT, Committee on Finance, recommending to the City Council APPROVAL of the COLA base increase from $12,000 to $14,000, effective July 1, 2023, as detailed in a Communication dated 9/22/2022 from Eric Cohen, Executive Director of the New Bedford Retirement Board.

7a. COMMUNICATION, Councillor Morad, submitting communications from the Executive Director of the New Bedford Retirement Board regarding the vote taken by the Board to increase the COLA base from $12,000 to $14,000 and KMS Actuaries regarding the impact on the New Bedford Contributory Retirement System’s liabilities and appropriations as a result of increasing the COLA base. (Referred to the Committee on Finance – October 13, 2022.)

8. REPORT, Committee on Ordinances, recommending to the City Council ADOPTION, AS AMENDED, the ORDINANCE, Amending Section 19-7 of the Code of Ordinances: “Establishment of Unit C Classification and Salary Plan; Procedures for Advancement.”

8a. AN ORDINANCE,

10. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Abreu, Gomes, Winterson, Council President Lopes, Councillors Martins and Bousquet, requesting, that Police Chief Joseph Cordeiro and Health Director Dr. Brenda Weis, come before the Special Committee on Licensing and Zoning for Cannabis to discuss the November 2016 passage of the Recreational Legalization of Commercial Cannabis and discuss questions or concerns they may have from a law enforcement and overall community health standpoint, and how we can work as a community to insure public safety, health and wellness always remains paramount in light of this new impending piece of legislation.

10a. WRITTEN MOTION, Councillor Abreu, Gomes, Winterson, Council President Lopes, Councillors Martins and Bousquet, requesting, that Police Chief Joseph Cordeiro and Health Director Dr. Brenda Weis, come before the Special Committee on Licensing and Zoning for Cannabis to discuss the November 2016 passage of the Recreational Legalization of Commercial Cannabis and discuss questions or concerns they may have from a law enforcement and overall community health standpoint, and how we can work as a community to insure public safety, health and wellness always remains paramount in light of this new impending piece of legislation. (Referred to the Special Committee on Licensing and Zoning for Cannabis – January 26, 2017.)

11. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Council President Morad, submitting letters from Edward J. Sylvia, Jr., Real Estate Broker, relative to the location of a Marijuana Dispensary Site and for a Retail Marijuana Sales License in the City of New Bedford.

11a. COMMUNICATION, Council President Morad, submitting letters from Edward J. Sylvia, Jr., Real Estate Broker, relative to the location of a Marijuana Dispensary Site and for a Retail Marijuana Sales License in the City of New Bedford. (Referred to the Special Committee on the Licensing and Zoning for Cannabis – July 19, 2018.)

12. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillors Lopes and Abreu, requesting, that the Special Committee on Licensing and Zoning for Cannabis begin drafting the Ordinance that will establish the procedures for the issuing and reissuing of Recreational Cannabis in the City of New Bedford.

12a. WRITTEN MOTION, Councillors Lopes and Abreu, requesting, that the Special Committee on Licensing and Zoning for Cannabis begin drafting the Ordinance that will establish the procedures for the issuing and reissuing of Recreational Cannabis in the City of New Bedford. (Referred to the Special Committee on Licensing and Zoning for Cannabis – August 16, 2018.)

13. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Lopes, submitting a copy of a letter from SoCo Green LLC, requesting consideration for a Community Host Agreement with the City of New Bedford for a Marijuana Retailer License.

13a. COMMUNICATION, Councillor Lopes, submitting a copy of a letter from SoCo Green LLC, requesting consideration for a Community Host Agreement with the City of New Bedford for a Marijuana Retailer License. (Referred to the Special Committee on Licensing and Zoning for Cannabis – August 16, 2018.

14. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Council President Morad, submitting a copy of Old Soul Gardens LLC, 226 South Main Street, Fall River, MA 02721, plans to operate a Craft Marijuana establishment in the City of New Bedford.

14a. COMMUNICATION, Council President Morad, submitting a copy of Old Soul Gardens LLC, 226 South Main Street, Fall River, MA 02721, plans to operate a Craft Marijuana establishment in the City of New Bedford. (Referred to the Special Committee on Licensing and Zoning for Cannabis – September 13, 2018.)

15. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Gomes, submitting copies of letters from and to Whisk & Jane LLC and the New Bedford Port Authority, regarding Public Records Request of the Port Authority’s Denial of Whisk & Jane LLC’s multipurpose recreational cannabis facility at 161 Pope’s Island, New Bedford, MA.

15a. COMMUNICATION, Councillor Gomes, submitting copies of letters from and to Whisk & Jane LLC and the New Bedford Port Authority, regarding Public Records Request of the Port Authority’s Denial of Whisk & Jane LLC’s multipurpose recreational cannabis facility at 161 Pope’s Island, New Bedford, MA. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – January 24, 2019.)

16. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Gomes, submitting a copy of letter from Whisk & Jane LLC, to Mayor Mitchell, thanking him for the meeting to discuss a multi-purpose recreational cannabis facility at 161 Pope’s Island.

16a. COMMUNICATION, Councillor Gomes, submitting a copy of letter from Whisk & Jane LLC, to Mayor Mitchell, thanking him for the meeting to discuss a multi-purpose recreational cannabis facility at 161 Pope’s Island. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – January 24, 2019.)

17. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Council President submitting copy of a letter from City Solicitor McDermott, to Ms. Ericca Kennedy, Whisk & Jane, LLC regarding Whisk & Jane’s request to locate a recreational cannabis facility at 161 Pope’s Island, New Bedford, MA.

17a. COMMUNICATION, Council President submitting copy of a letter from City Solicitor McDermott, to Ms. Ericca Kennedy, Whisk & Jane, LLC. regarding Whisk & Jane’s request to locate a recreational cannabis facility at 161 Pope’s Island, New Bedford, MA. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – February 28, 2019.)

18. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Council President Morad, submitting copies of emails to and from Martha Worley, Worleybeds Factory Outlet, 197 Pope’s Island, New Bedford, MA, regarding Ms. Worley’s opposition to a Zoning Waiver for a recreational cannabis business at 161 Pope’s Island.

18a. COMMUNICATION, Council President Morad, submitting copies of emails to and from Martha Worley, Worleybeds Factory Outlet, 197 Pope’s Island, New Bedford, MA, regarding Ms. Worley’s opposition to a Zoning Waiver for a recreational cannabis business at 161 Pope’s Island. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – February 28, 2019.)

19. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Giesta, submitting a copy of the Zoning for Marijuana Establishments and Medical Marijuana Treatment Centers Ordinance.

19a. COMMUNICATION, Councillor Giesta, submitting a copy of the Zoning for Marijuana Establishments and Medical Marijuana Treatment Centers Ordinance. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – February 28, 2019.)

20. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Giesta, submitting a copy of a letter from Department of Inspectional Services Commissioner Danny Romanowicz relative to zoning restrictions for a recreational cannabis facility at 161 Pope’s Island Plot 60/Lot 26.

20a. COMMUNICATION, Councillor Giesta, submitting a copy of a letter from Department of Inspectional Services Commissioner Danny Romanowicz relative to zoning restrictions for a recreational cannabis facility at 161 Pope’s Island Plot 60/Lot 26. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – February 28, 2019.)

21. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Council President Morad, submitting a copy of a Host Community Agreement, from Nicholas A. Gomes, Chief Legal Counsel, Tree Beard, Inc., for a proposed Recreational Marijuana Establishment at 1 Nauset Street, New Bedford, also enclosed is a zoning conformance letter from the Department of Inspectional Services and a letter from Tabitha Harkin, City Planner stating the  HCA Screening Committee’s favorable recommendation to negotiate a Host Agreement.

21a. COMMUNICATION, Council President Morad, submitting a copy of a Host Community Agreement, from Nicholas A. Gomes, Chief Legal Counsel, Tree Beard, Inc., for a proposed Recreational Marijuana Establishment at 1 Nauset Street, New Bedford, also enclosed is a zoning conformance letter from the Department of Inspectional Services and a letter from Tabitha Harkin, City Planner stating the  HCA Screening Committee’s favorable recommendation to negotiate a Host Agreement. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – September 12, 2019.)

22. REPORT, Special Committee on Cannabis Regulation and Host Community Agreements Review, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillors Abreu, Giesta and Council President Lopes, requesting, that the New Bedford City Council and the Administration draft an Ordinance regarding the at-home delivery cannabis service recently approved and adopted by the State's Cannabis Control Commission (CCC) on November 30, 2020 and the COMMUNICATION, Councillor Abreu, submitting the Cannabis Control Commission Final Regulations on at-home delivery cannabis service.

22a. WRITTEN MOTION, Councillors Abreu, Giesta and Council President Lopes, requesting, that the New Bedford City Council and the Administration draft an Ordinance regarding the at-home delivery cannabis service recently approved and adopted by the State's Cannabis Control Commission (CCC) on November 30, 2020. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – December 9, 2020.)

22b. COMMUNICATION, Councillor Abreu, submitting the Cannabis Control Commission Final Regulations on at-home delivery cannabis service. (Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review – December 9, 2020.)

23. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the RELATED MOTION, Councillor Morad, requesting, that New Bedford Economic Development Council Executive Director Derek Santos provide to the Chairperson of the Committee on Finance the recently revised and adopted language of the Tax Increment Finance (TIF) Program Policy and Guidelines which were to include the new Massachusetts Diversity, Equity and Inclusion (DEI) requirements.

23a. RELATED MOTION, Councillor Morad, requesting, that New Bedford Economic Development Council Executive Director Derek Santos provide to the Chairperson of the Committee on Finance the recently revised and adopted language of the Tax Increment Finance (TIF) Program Policy and Guidelines which were to include the new Massachusetts Diversity, Equity and Inclusion (DEI) requirements. (Referred the Committee on Finance and the New Bedford Economic Development Council's Executive Director - October 13, 2022.)

24. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the RELATED MOTION, Councillor Morad, requesting, that New Bedford Economic Development Council Executive Director Derek Santos provide to the Chairperson of the Committee on Finance the draft minutes from the June 1, 2022 Tax Increment Financing Board meeting detailing the Board’s discussion regarding the proposed Special Tax Assessment (STA) agreement for Island Creek Oyster Company; and further, that said draft minutes be submitted 5 business days prior to the Committee on Finance meeting where the discussion of said STA is to be conducted. 

24a. RELATED MOTION, Councillor Morad, requesting, that New Bedford Economic Development Council Executive Director Derek Santos provide to the Chairperson of the Committee on Finance the draft minutes from the June 1, 2022 Tax Increment Financing Board meeting detailing the Board’s discussion regarding the proposed Special Tax Assessment (STA) agreement for Island Creek Oyster Company; and further, that said draft minutes be submitted 5 business days prior to the Committee on Finance meeting where the discussion of said STA is to be conducted.  (Referred the Committee on Finance and the New Bedford Economic Development Council's Executive Director - October 13, 2022.)

25. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the  WRITTEN MOTION, Councillor Morad, requesting, that Mayor Jonathan F. Mitchell advise the Council as to why he instructed Election Commissioner Manuel DeBrito to mail November 2022 General Election postcards to registered voters in the City of New Bedford; and further, that Interim Chief Financial Officer Michael Gagne advise the Council as to where the funding for the postage for said mailing was allocated in the FY2023 budget. 

25a. WRITTEN MOTION, Councillor Morad, requesting, that Mayor Jonathan F. Mitchell advise the Council as to why he instructed Election Commissioner Manuel DeBrito to mail November 2022 General Election postcards to registered voters in the City of New Bedford; and further, that Interim Chief Financial Officer Michael Gagne advise the Council as to where the funding for the postage for said mailing was allocated in the FY2023 budget. (Referred to the Administration, Interim CFO Michael Gagne and the Committee on Finance – October 27, 2022.)

26. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the COMMUNICATION, Council President Abreu, submitting a copy of a letter from Leonard F. Baillargeon, Chairperson of the New Bedford Retirement Board regarding the Board’s vote of a COLA Increase.

26a. COMMUNICATION, Council President Abreu, submitting a copy of a letter from Leonard F. Baillargeon, Chairperson of the New Bedford Retirement Board regarding the Board’s vote of a COLA Increase. (Referred to the Committee on Finance – October 13, 2022.)

27. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the COMMUNICATION, Council President Abreu, submitting a Communication from Jeff Camara, President of the Retired Firefighters of New Bedford regarding their endorsement of the New Bedford Retirement Board’s vote of the COLA increase.

27a. COMMUNICATION, Council President Abreu, submitting a Communication from Jeff Camara, President of the Retired Firefighters of New Bedford regarding their endorsement of the New Bedford Retirement Board’s vote of the COLA increase.  (Referred to the Committee on Finance - October 13, 2022.)

28. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the COMMUNICATION Council President Abreu, submitting a Communication from Billy Sylvia, President, New Bedford Firefighters, Local 841, requesting support for our retirees and their families by voting in favor of the increase to the COLA base.

28a. COMMUNICATION Council President Abreu, submitting a Communication from Billy Sylvia, President, New Bedford Firefighters, Local 841, requesting support for our retirees and their families by voting in favor of the increase to the COLA base. (Referred to the Committee on Finance – October 13, 2022.)

29. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Pereira, requesting, that the Department of Public Infrastructure Commissioner, Jamie Ponte, appear before the City Council’s Committee on Finance to discuss the department’s water shut-off policies and payment procedures.

29a. WRITTEN MOTION, Councillor Pereira, requesting, that the Department of Public Infrastructure Commissioner, Jamie Ponte, appear before the City Council’s Committee on Finance to discuss the department’s water shut-off policies and payment procedures. (Referred to the Committee on Finance – April 28, 2022.)

30. REPORT, Committee on Public Safety & Neighborhoods, recommending to the City Council to take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Dunn, requesting, that the Department of Inspectional Services and the Fire Department meet with the City Council to discuss the structural safety of New Bedford's multifamily residences, in light of the tragedy in Surfside, Florida, the briefing should revolve around whether the City has the most modern building codes to protect against natural disasters as well as non-disaster related structural degradation and decay; and further, the briefing should also cover whether the recertification process for multifamily residences is sufficient to keep New Bedford residents safe. 

30a. WRITTEN MOTION, Councillor Dunn, requesting, that the Department of Inspectional Services and the Fire Department meet with the City Council to discuss the structural safety of New Bedford's multifamily residences, in light of the tragedy in Surfside, Florida, the briefing should revolve around whether the City has the most modern building codes to protect against natural disasters as well as non-disaster related structural degradation and decay; and further, the briefing should also cover whether the recertification process for multifamily residences is sufficient to keep New Bedford residents safe. (Referred to the Committee on Public Safety and Neighborhoods – July 15, 2021.)

31. COMMUNICATION, Board of Assessors, to City Council, submitting a MOTION passed 3-0 at its Open Meeting on December 1, 2022, and requesting that the City Council ADOPT, and the Mayor APPROVE the THREE ORDERS relating to the annual Consumer Price Index for Fiscal Year 2023, as determined by the Commissioner of Revenue of a 7.0%  increase for Clause 17 for the amount of the exemption to be $358.51, to accept under Chapter 59, Section 5, Clause 17E to increase the amount of assets to $73,104.73 to qualifying individuals, and under Chapter 59, Section 5, Clause 41, 41B, and 41C, raising the base limit of income for single taxpayers to $23,758.15 and married taxpayers to $27,416.49 and to raise the assets limits to $51,173.53 for single taxpayers, and $54,828.55 for married taxpayers.

31a. ORDER, ORDERED, That pursuant to M.G.L. Chapter 59, Section 5, Clause 17E, the total value of assets, as set forth in M.G.L. Chapter 59, Section 5, Clause 17, 17C, 17C ½ and 17D, is hereby increased by 7.0% for Fiscal Year 2023. Said increase is equal to the Consumer Price Index.               

31b. AN ORDER, ORDERED, That the exemption granted to persons qualifying under M.G.L. Chapter 59, Section 5, Clause 17, 17C, 17C ½ and 17D, is hereby increased by 7.0% for Fiscal Year 2023. Said increase is equal to the Consumer Price Index.                   

31c. N ORDER, ORDERED, That the base limit of income and the total value of assets of persons qualifying under M.G.L. Chapter 59, Section 5, Clause 41, 41B and 41C, is hereby increased by 7.0% for Fiscal Year 2023. Said increase is equal to the Consumer Price Index.                 

32. COMMUNICATION, City Clerk/Clerk of the City Council Farias, submitting a copy of a letter from the Commonwealth of Massachusetts Public Employee Retirement Administration Commission regarding the required Fiscal Year 2024 for the City’s Retirement System. (Copy all Councillors via email November 22, 2022.)

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