CITY COUNCIL CALENDAR
Thursday, March 9, 2023
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OPENING OF SESSION BY
CITY COUNCIL PRESIDENT LINDA M. MORAD
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PRAYER LED BY:
JAMIE CASEY, ASSOCIATE PASTOR, CHRISTIAN FELLOWSHIP CENTER
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PLEDGE OF ALLEGIANCE
MEMBER OF THE CITY COUNCIL
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HEARINGS

1. PETITION, Verizon New England, Inc. & NSTAR Electric Company for joint location of one (1) mid-span pole and one (1) stub pole in MOUNT PLEASANT STREET, to upgrade existing service.

 

1a. AN ORDER,

MAYORS PAPERS

M1. COMMUNICATION, Mayor Mitchell, to City Council, submitting a RESOLUTION, authorizing the Mayor to apply for federal financial assistance from the United States of America.

 

M1a. RESOLUTION,

 

M1b. Substantial Amendment to the FY2021 Action Plan – HOME – ARP Allocation Plan,

M2. COMMUNICATION, Mayor Mitchell, to the City Council, submitting a SEWER ABATEMENT for Cheryl McCormack Academy of Dance, 731 Tarkiln Hill Road, New Bedford, MA in the amount of $646.72.

M3. COMMUNICATION, Mayor Mitchell, to the City Council, submitting a SEWER ABATEMENT for Kevin Oakley, 286 Palmer Street, New Bedford, MA in the amount of $627.65.
NEW BUSINESS

2. REPORT, Committee on Ordinances, recommending to the City Council APPROVAL of the HOME RULE PETITION, authorizing the City of New Bedford to grant a Utility Easement to the University of Massachusetts/Dartmouth at Fort Taber Park. 

 

2a. AN ACT, (Referred to the Committee on Ordinances – May 12, 2022.)

 

3. REPORT, Committee on Ordinances, recommending to the City Council APPROVAL of the ORDINANCE, amending Chapter 2, Article XI – New Bedford Historical Commission; Historic Districts.

 

3a. AN ORDINANCE, (Referred to the Committee on Ordinances – August 18, 2022.)

 

4. REPORT, Committee on Ordinances, recommending that the City Council allow the petitioner to withdraw the request for a zoning change at 229-241 Coffin Avenue (City Assessors Map 104, Lot 43).

 

4a. 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.) (Referred to the Committee on Ordinances – January 12, 2023.)

 

5. REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the ORDER, expanding the City’s existing Housing Development Incentive Program (HDIP) Zone from the downtown business district to include the entire City.

 

5a. AN ORDER, (Referred to the Committee on Ordinances – February 24, 2022.)

 

6. REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDER, amending the existing lease between Nor East Aviation Services, Inc. and the City of New Bedford. 

 

6a. AN ORDER, amending the existing lease between Nor East Aviation Services, Inc. and the City of New Bedford. (Referred to the Committee on Finance – December 06, 2022.)

 

7. REPORT, Committee on Public Safety & Neighborhoods, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Council President Morad, requesting, that representatives from the Department of Emergency Management, Department of Public Infrastructure and the Department of Resilience and Environmental Stewardship appear before the Committee on Public Safety and Neighborhoods to provide said Committee with an overview of the City's plan to update the All Hazard Mitigation Plan, which has recently received grant funding from the MA Emergency Management Agency, these departments are planning a series of public involvement meetings and will be coordinating these public meetings with the Ward Councillors over the course of the next several months.

 

7a. WRITTEN MOTION, Council President Morad, requesting, that representatives from the Department of Emergency Management, Department of Public Infrastructure and the Department of Resilience and Environmental Stewardship appear before the Committee on Public Safety and Neighborhoods to provide said Committee with an overview of the City's plan to update the All Hazard Mitigation Plan, which has recently received grant funding from the MA Emergency Management Agency, these departments are planning a series of public involvement meetings and will be coordinating these public meetings with the Ward Councillors over the course of the next several months. (Referred to the Committee on Public Safety & Neighborhoods – January 26, 2023.)

 

8. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the ORDINANCE, amending Chapter 17 of the City Code – RELATIVE TO THE USE OF MARIJUANA IN PUBLIC.

 

8a. 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.) (Referred to the Committee on Ordinances – December 14, 2017.)

 

9. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

9a. 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. (Referred to the Committee on Ordinances – September 13, 2018.)

 

10. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

10a. 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. (Referred to the Committee on Ordinances – January 10, 2019.)

 

11. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

11a. 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. (Referred to the Committee on Ordinances – February 13, 2020.)

 

12. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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 and the ORDINANCE, Copy of City of Northampton Ordinance 17.244, To Establish a Minimum Wage for Municipal Employees and the ORDINANCE, Copy of an Ordinance from the City of Boston, entitled “Boston Jobs and Living Wage Ordinance”.

 

12a. 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. (Referred to the Committee on Ordinances – June 10, 2021.)

 

12b. AN ORDINANCE, Copy of City of Northampton Ordinance 17.244, To Establish a Minimum Wage for Municipal Employees. (Referred to the Committee on Ordinances – June 10, 2021.)

 

12c. AN ORDINANCE, Copy of an Ordinance from the City of Boston, entitled “Boston Jobs and Living Wage Ordinance.” (Referred to the Committee on Ordinances – June 10, 2021.)

 

13. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

13a. 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. (Referred to the Committee on Ordinances – February 10, 2022.)

 

14. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

14a. 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. (Referred to the Committee on Ordinances – April 12, 2022.)

 

15. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

15a. 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. (Referred to the Committee on Ordinances – April 28, 2022.)

 

16. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

16a. 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. (Referred to the Committee on Ordinances – September 08, 2022.)

 

17. REPORT, Committee on Ordinances, recommending that the City Council take “NO FURTHER ACTION” on the 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.

 

17a. 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. (Referred to the Committee on Ordinances – September 08, 2022.)

 

18. REPORT, Committee on Finance, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Pereira, requesting that the Interim Chief Financial Officer, the City Auditor, and the Treasurer/Collector or representatives of these offices appear before the Committee on Finance to discuss the status of the City's current 457 Deferred Compensation Plan and further to discuss compliance with IRS regulations.

 

18a. WRITTEN MOTION, Councillor Pereira, requesting that the Interim Chief Financial Officer, the City Auditor, and the Treasurer/Collector or representatives of these offices appear before the Committee on Finance to discuss the status of the City's current 457 Deferred Compensation Plan and further to discuss compliance with IRS regulations. (Referred to the Committee on Finance – November 10, 2022.)

 

19. REPORT, Committee on Finance, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Morad, requesting, that the Administration amend the Enhanced Façade Improvement Program by immediately suspending the 25% match requirement for all applicants under said program; and further, that this Motion be referred to the Committee on Finance for discussion with representatives of the Administration, the Office of Housing and Community Development, the South Coast Chamber of Commerce and small business owners regarding the negative ramifications of the 25% match requirement, which is deterring small business owners from submitting applications for funding under the program. 

 

19a. WRITTEN MOTION, Councillor Morad, requesting, that the Administration amend the Enhanced Façade Improvement Program by immediately suspending the 25% match requirement for all applicants under said program; and further, that this Motion be referred to the Committee on Finance for discussion with representatives of the Administration, the Office of Housing and Community Development, the South Coast Chamber of Commerce and small business owners regarding the negative ramifications of the 25% match requirement, which is deterring small business owners from submitting applications for funding under the program. (Referred to the Committee on Finance – April 28, 2022.)

 

20. WRITTEN MOTION, Councillors Burgo, Gomes and Council President Morad, requesting, that pursuant to Section 53 of Chapter 18A of the Massachusetts General Laws, that the following nonbinding public opinion advisory question, or other question of similar form and context as determined by the City Solicitor, be placed on the municipal general election ballot on November 07, 2023: “Should the City of New Bedford adopt an Ordinance stabilizing rents, in order to prevent displacement in the local housing rental market?”

 

21. WRITTEN MOTION Councillors Gomes, Burgo and Council President Morad, requesting that an advisory opinion ballot question be placed on the ballot for the next municipal election as follows:-

''Shall the term of Office of Mayor of the City of New Bedford be reduced from the current four years to two years?''

22. WRITTEN MOTION Council President Morad, that the City Council hereby revokes the acceptance of Sections 3 through 7 of Chapter 44B of the General Laws.

23. WRITTEN MOTION Council President Morad, requesting that pursuant to Section 16 of Chapter 44B of the General Laws, that upon a vote by the City Council to revoke acceptance, that a question be placed on the ballot for revocation of Section 3 through 7 of Chapter 44B of the General Laws by the voters of the City and that said ballot question read, substantially, as follows:-

''Shall the City of New Bedford revoke the acceptance of Sections 3 to 7, inclusive of Chapter 44B of the General Laws, as revoked by its legislative body, a summary of which appears below?''  

(Set forth here a fair, concise summary and purpose of the law to be acted upon, as determined by the City Solicitor or Town Counsel, including in said summary the percentage of the surcharge to be imposed.)

24. WRITTEN MOTION, Councillors Pereira and Abreu, requesting on behalf of David Bizarro, that Plot 17A-Lot 87 (ES Osborn Street); Plot 17A-Lot 86 (ES Osborn Street) and Plot 17A-85 (ES Osborn Street) be rezoned from Residential B to MIXED USE BUSINESS. (To be Referred to the Committee on Ordinances and the Planning Board.)

25. WRITTEN MOTION, Councillor Burgo, requesting that the Committee on Affordable Housing & Homeless Affairs discuss options for Special Protections for Transit Corridors: A multi-issue response to today’s gentrification and unintended consequences of transit improvements in the City New Bedford and the Southcoast Region.

 

26. WRITTEN MOTION, Councillor Burgo, requesting that the Committee on Affordable Housing & Homeless Affairs review the City’s current Accessory Buildings and Uses Ordinance.

 

27. WRITTEN MOTION, Councillor Gomes, requesting that the Administration budget $20,000 in the upcoming FY24 budget for the purpose of assisting Neighborhoods United and Crime Watch Groups across the City; this money will assist with printing, mailing and hosting fun-days in parks across the City; included in these fun-days will be the opportunity to register to vote, to interact with police and recruitment officers, and other programs that are available to the residents and youth of the City, as well as music, food and other fun activities.  (To be Referred to the Mayor’s Office and the Committee on Appointments and Briefings.)

 

28. WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Appointments and Briefings meet with Public Infrastructure’s Water Department and residents of the Durfee Street, between Shawmut Avenue and Cedar Street for the purpose of discussing several issues with the water in that area, including corrosion elements in the water, the need for pipe, water shut-offs and application connection replacements due to corrosion; and further, this issue has come up in different areas of the City and this Councillor would like to know what the City is doing to address and eliminate this ongoing problem.

 

29. COMMUNICATION, Councillors Abreu and Baptiste, submitting AN ORDINANCE, amending Paragraph (i) of Section 4133B of Chapter 9 of the Code of Ordinances, relative to “Marijuana Establishment Hours of Operation”.

 

29a. AN ORDINANCE, (To be Referred to the Committee on Ordinances and the Planning Board.)

 

30. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of ANASTASIOS KOLITSIS, 82 Amanda Avenue, New Bedford, MA 02745 d/b/a ANASTASIOS LLC, 82 Amanda Avenue, New Bedford, MA  02745, 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.)

31. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of ANASTASIOS KOLITSIS, 82 Amanda Avenue, New Bedford, MA 02745 d/b/a ANASTASIOS LLC, 82 Amanda Avenue, New Bedford, MA  02745, hereby submitting a copy of the Application requesting a RENEWAL of a PRIVATE LIVERY LICENSE to carry passengers for hire over the streets of New Bedford. (Term of License - July 01, 2023 to June 30, 2024.)

32. COMMUNICATION, Department of Parks, Recreation and Beaches, submitting a Memorial Park Bench and Tree Dedication Program Application for a Memorial Park Bench and Plaque to be located at Ashley Park, in front of Goulart Square Bakery, in memory of JOSE A. GASPAR.  (To be Referred to the Special Committee on Memorials and Dedications.)

33. COMMUNICATION, Councillor Pereira, submitting a copy of letter addressed to the Executive Office of Energy and Environmental Affairs for a Dam, Levee and Seawall Grant Application for the final design of improvements to the East Beach Pier. (To be Received and Placed on File.)

TABLED BUSINESS

02/23/2023    REPORT, Committee on Appointments and Briefings, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of CAROL PIMENTEL, New Bedford, MA, to the GREATER NEW BEDFORD REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL DISTRICT COMMITTEE; Ms. Pimentel will be replacing Patrick Walsh, who has resigned; this term will expire in May 2026.

 

02/23/2023    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of CAROL PIMENTEL, New Bedford, MA, to the GREATER NEW BEDFORD REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL DISTRICT COMMITTEE; Ms. Pimentel will be replacing Patrick Walsh, who has resigned; this term will expire in May 2026. (Referred to the Committee on Appointments & Briefings – July 21, 2022.)

 

 

 

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