COMMITTEE ON ORDINANCES  - February 27, 2023
MEETING AT 7:00 PM,
City Hall, 133 William Street, New Bedford, MA City Council Chambers - Room 214
AGENDA
 

REVISED AGENDA

 

 

1. COMMUNICATION, Mayor Mitchell, to City Council, submitting a HOME RULE PETITION, authorizing the City of New Bedford to grant a Utility Easement to the University of Massachusetts/Dartmouth for the purpose of installing and maintaining underground utilities under a portion of the land owned by the City at Fort Taber Park. (Ref’d 05/12/2022)

 

1a. AN ACT, (Ref’d 05/12/2022)

 

INVITEES: Atty. David Gerwatowski, Legal Counsel; Atty. Eric Jaikes, City Solicitor; Mary Rapoza, Director, Parks, Recreation and Beaches; Representative, Mayor’s Office

 

2. 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. (Ref’d 08/18/2022)

 

2a. AN ORDINANCE, (Ref’d 08/18/2022)

 

INVITEES: Jennifer Carloni, Director, Planning Department; Atty. David Gerwatowski, Legal Counsel; Diana Henry, Chairperson, New Bedford Historical Commission; Representative, Mayor’s Office

 

3. PUBLIC HEARING on a COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, submitting a request from Michael A. Kehoe, Partridge Snow and Hahn LLP, on behalf of Parallel Products Solar Energy LLC to Rezone 229-241 Coffin Avenue (City Assessors Map 104, Lot 43) the old Sunbeam Bakery Building, from Industrial “A” and Mixed-Use Business to Industrial “A”. (To be Referred to the Committee on Ordinances and the Planning Board.) (Matter ID #0017) (Ref’d 01/12/2023) (Duly Advertised in The Standard-Times on Monday, February 13, 2023 and Monday, February 20, 2023.)

 

3a. COMMUNICATION, Jennifer Carloni, Director, City Planning, to Councillor Ryan J. Pereira, Chairman, Committee on Ordinances, advising that the Planning Board held a public hearing on Wednesday, February 08, 2023, to discuss the proposed Zoning Request for 229-241 Coffin Avenue, Map 104/Lot 43; the Planning Board voted to send an UNFAVORABLE RECOMMENDATION, recommending that the City Council deny the proposed Zoning Request for 229-241 Coffin Avenue, Map 104/Lot 43. (Ref’d 02/15/2023)

 

INVITEES: Jennifer Carloni, Director, Planning Department; Atty. David Gerwatowski, Legal Counsel; Atty. Eric Jaikes, City Solicitor; Atty. Michael A. Kehoe, Petitioner Representative; Representative, Mayor’s Office

 

4. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, which would expand the City’s existing Housing Development Incentive Program (HDIP) Zone from the downtown business district to include the entire City. (Ref’d 02/24/2022) (08/10/2022 - tabled) (09/21/2022 – tabled)

 

4a. AN ORDER, (Ref’d 02/24/2022) (08/10/2022 - tabled) (09/21/2022 – tabled)

 

4b. HOUSING DEVELOPMENT INCENTIVE PROGRAM (HDIP) ZONE AMENDMENT PROPOSAL (Ref’d 02/24/2022) (08/10/2022 - tabled) (09/21/2022 – tabled)

 

4c. COMMUNICATION, Jennifer Carloni, Director, City Planning, to Councillor Hugh Dunn, Chairman, Ordinance Committee, advising that the Planning Board held a Public Hearing on Wednesday, September 14, 2022, regarding the proposed amendment to New Bedford’s Housing Development Incentive Program (HDIP) Plan and the Downtown New Bedford Housing Development Zone.  The Planning Board voted to send a FAVORABLE RECOMMENDATION for the proposed amendments. (Ref’d 09/16/2022) (09/21/2022 – tabled)

 

INVITEES: Joshua Amaral, Director, Office of Housing & Community Development; Jennifer Carloni, Director, Planning Department; Atty. David Gerwatowski, Legal Counsel; Derek Santos, Executive Director, New Bedford Economic Development Council; Ramon Silva, Senior Director, New Bedford Economic Development Council; Representative, Mayor’s Office

 

Chair Suggests ‘Waive Reading’, ‘No Further Action’ and ‘Report Out to the Full City Council’

5. AN ORDINANCE, amending Chapter 17 of the City Code – RELATIVE TO THE USE OF MARIJUANA IN PUBLIC. (Passed to a Second Reading – November 09, 2017.) (Ref’d 12/14/17)

 

6. RELATED MOTION, Councillor Gomes, requesting, that the Committee on Ordinances hold a meeting to explore additional areas within the City that may be suitable for the location of marijuana facilities and how potential amendments to the Marijuana Establishments and Medical Marijuana Treatment Centers’ Zoning Ordinance will open up new options for potential businesses to locate in the City; and further, that the Director of Planning, Housing and Community Development, Patrick Sullivan be invited to the committee meeting to assist in developing a plan to expand location opportunities for marijuana facilities beyond industrially zoned land. (Ref’d 09/13/18)

 

7. WRITTEN MOTION, Councillor Gomes, requesting that the City Council create an Ordinance that would require any surplus property greater than $100.00 in value be inventoried and appear before the City Council’s Committee on City Property prior to being sold or auctioned off, and any City property less than $100.00 in value will be inventoried and a report be provided to the Committee on City Property; the same course of action will be taken on any property donated to community organizations that the City is storing, to guarantee to the City and taxpayers that a watchful eye is being kept over all property, equipment, vehicles, and etc.; further, that the City Council’s Committee on City Property plan a tour of places or areas which City property is being kept and/or stored for a viewing of all surplus, equipment, antique military artifacts, millions of dollars in art, and any valuables to make sure that said property is being preserved and maintained, this action will guarantee that all City surplus and valuable will be inventoried and monitored by the City Council’s Committee on City Property. (Ref’d 01/10/19)

 

8. RELATED MOTION, Councillor Dunn, requesting that the City review the rules, regulations and the Code of Ordinances regarding tire disposal companies for future prohibitions of the shredding and storage of tires. (Ref’d 02/13/2020)

 

9. WRITTEN MOTION, Councillor Dunn, requesting, that the Director of Personnel provide a list of all City and public school positions that are paid less than $15/hour, and all positions whose annual rate calculates to less than $15/hour; and further, that the Committee on Ordinances review said list and explore any legislative or other options that may be implemented by the City Council for assuring that City employees and public school employees are fairly compensated for their labor; and further, move that the attached Ordinances from the Cities of Boston and Northampton be referred to the Committee on Ordinances to determine whether similar local legislation may be an option for New Bedford. (Ref’d 06/10/2021) (01/18/2022 – Recommend that the City Council go on record that all City and School Dept. employees be paid not less than the State minimum wage; tabled)

 

9a. AN ORDINANCE, Copy of City of Northampton Ordinance 17.244, To Establish a Minimum Wage for Municipal Employees. (Ref’d 06/10/2021) (01/18/2022 – tabled)      

 

9b. AN ORDINANCE, Copy of an Ordinance from the City of Boston, entitled “Boston Jobs and Living Wage Ordinance.” (Ref’d 06/10/2021) (01/18/2022 – tabled)

 

10. WRITTEN MOTION, Councillor Pereira, requesting that the Committee on Ordinances discuss and review the Plastic Bag Ban Ordinance including implementation, fines, enforcement, and other topics related to the ban. (To be Referred to the Committee on Ordinances.) (Ref’d 02/10/2022)

 

11. WRITTEN MOTION, Councillor Dunn, requesting that the City of New Bedford cease facilitating home equity theft through the contracting of predatory tax debt collectors, like Tallage, that impose a 16% interest rate and take the entire value of the property at foreclosure sale, even when the sale value exceeds the debt. (Ref’d 04/12/2022) (05/23/2022 – tabled 6 months)

 

12. WRITTEN MOTION, Councillor Morad, requesting, that City Planner Jennifer Carloni and Building Commissioner and Zoning Officer Daniel Romanowicz appear before the Committee on Ordinances to discuss and provide an update regarding the action plan and proposed timeline for a City-wide comprehensive rezoning. (Ref’d 04/28/2022)

 

13. RELATED MOTION, Councillor Morad, requesting, that the Director of Personnel provide to the Committee on Ordinances Chairperson, a copy of the consultant’s final report which provides the research, detail and recommendations utilized in consideration of the changes to Section 19-7 of the Code of Ordinances; said information shall be provided to the Committee on Ordinances Chairperson 10 business days prior to the Committee on Ordinances meeting where the item is being addressed. (To be Referred to the Director of Personnel and the Committee on Ordinances.) (Ref’d 9/8/2022) (10/24/2022 – tabled) (11/14/2022 – tabled to November 28, 2022) (11/28/2022 – Remain in Committee)

 

14. RELATED MOTION, Councillor Morad, requesting, that the Director of Personnel provide to the Committee on Ordinances Chairperson, a detailed matrix which reflects the current Unit C job position – titles and grade as compared to the new recommended Unit C job position – title and grade, said information shall be provided to the Committee on Ordinances Chairperson 10 business days prior to the Committee on Ordinances meeting where the item is being addressed. (To be Referred to the Director of Personnel and the Committee on Ordinances.) (Ref’d 9/8/2022) (10/24/2022 – tabled) (11/14/2022 – tabled to November 28, 2022) (11/28/2022 – Remain in Committee)

 

15. RELATED MOTION, Councillor Morad, requesting, that the Director of Personnel provide to the Committee on Ordinances Chairperson the Unit C Salary Schedule – Part Time Rate and the related Non-Residents Part Time Rate reflecting the 10% reduction, said information shall be provided to the Committee on Ordinances Chairperson 10 business days prior to the Committee on Ordinances meeting where the item is being addressed. (To be Referred to the Director of Personnel and the Committee on Ordinances.) (Ref’d 9/8/2022) (10/24/2022 – tabled) (11/14/2022 – tabled to November 28, 2022) (11/28/2022 – Remain in Committee)

 

 

 

 

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