NovusAGENDA


CITY COUNCIL CALENDAR Thursday, June 22, 2023 *************


PRAYER LED BY:


REVEREND CHRISTOPHER PESCHEL, OUR LADY OF MT. CARMEL CHURCH
*************


MAYORS PAPERS


		M1. COMMUNICATION, Mayor Mitchell, to City Council, submitting A LOAN ORDER, appropriating $4,054,139 for the replacement of the windows, curtainwall, doors and storefront at the Ellen R. Hathaway Elementary School, 256 Court Street, New Bedford, MA. M1a. LOAN ORDER,

		M2. COMMUNICATION, Mayor Mitchell, to City Council, submitting A LOAN ORDER, appropriating $3,718,236 for the replacement of the roof at the Elizabeth Carter Brooks Elementary School, 212 Nemasket Street, New Bedford, MA. M2a. LOAN ORDER,

		M3. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E½ the revolving fund under the control of the Department of Facilities and Fleet Management, known as the QUEST CENTER REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $247,510, is hereby authorized for FISCAL YEAR 2024. M3a. AN ORDER,

		M4. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $1,428.00, from AIRPORT OTHER FINANCING USE to AIRPORT CAPITAL OUTLAY. M4a. AN ORDER,

		M5. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $9,000.00, from CLERK OF COMMITTEES SALARIES AND WAGES in the amount of $7,000.00 and CITY COUNCIL SUPPLIES AND MATERIALS in the amount of $2,000.00 to CITY COUNCIL OTHER FINANCING USES. M5a. AN ORDER,

		M6. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $700.00, from CLERK OF COMMITTEES CHARGES AND SERVICES to CLERK OF COMMITTEES SUPPLIES AND MATERIALS. M6a. AN ORDER,

		M7. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of HEATHER SYLVIA CHEW, New Bedford, MA, 02746, to the COMMISSION FOR CITIZENS WITH DISABILITIES; Ms. Chew will be replacing George N. Smith, who has resigned; term will expire in May 2026.

		M8. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of ALEX J. WEINER, New Bedford, MA 02740, as a Member of the BOARD OF HEALTH; Mr. Weiner will be replacing Dr. Patricia Andrade, whose term has expired; this term will expire February 2025.


NEW BUSINESS


		1. AN ORDINANCE, amending Chapter 9, Section 4133B – Relative to Marijuana Establishment Hours of Operation. (Passed to a Second Reading – May 23, 2023.)

		2. AN ORDINANCE, rezoning Plot 17A-Lot 87 (ES Osborn Street); Plot 17A-Lot 86 (ES Osborn Street); Plot 17A-Lot 85 (ES Osborn Street) from Residential B to Mixed Use Business. (Passed to a Second Reading – May 23, 2023.)

		3. REPORT, Committee on Finance, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Atty. Eric C. Cohen, Executive Director of the New Bedford Retirement Board, to the City Council, advising that on March 24, 2023, the Board voted to grant a Cost of Living Adjustment (COLA) allowance of 3% to retirees, effective July 1, 2023. 3a. COMMUNICATION, Atty. Eric C. Cohen, Executive Director of the New Bedford Retirement Board, to the City Council, advising that on March 24, 2023, the Board voted to grant a Cost of Living Adjustment (COLA) allowance of 3% to retirees, effective July 1, 2023. (Copy all Councillors via email March 27, 2023.) (Referred to the Committee on Finance – April 13, 2023.)

		4. REPORT, Committee on Finance, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Atty. Eric C. Cohen, Executive Director of the New Bedford Retirement Board, to the City Council, advising that the Retirement Board intends to discuss at their April 27^th meeting, a one-time 2% additional Cost of Living Adjustment (COLA) for retirees of the system retroactive to the fiscal year commencing July 1, 2022. 4a. COMMUNICATION, Atty. Eric C. Cohen, Executive Director of the New Bedford Retirement Board, to the City Council, advising that the Retirement Board intends to discuss at their April 27^th meeting, a one-time 2% additional Cost of Living Adjustment (COLA) for retirees of the system retroactive to the fiscal year commencing July 1, 2022. (Copy all Councillors via email March 27, 2023.) (Referred to the Committee on Finance – April 13, 2023.)

		5. REPORT, Committee on Finance, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, Council President Morad, submitting a letter from Atty. Eric C. Cohen, Executive Director of the New Bedford Retirement Board, regarding the New Bedford Contributory Retirement Board’s vote to approve an additional two percent (2%) Cost of Living Adjustment (COLA) retroactive to the beginning of Fiscal Year 2023 (July 1, 2022) at a special meeting held on April 27, 2023. 5a. COMMUNICATION, Council President Morad, submitting a letter from Atty. Eric C. Cohen, Executive Director of the New Bedford Retirement Board, regarding the New Bedford Contributory Retirement Board’s vote to approve an additional two percent (2%) Cost of Living Adjustment (COLA) retroactive to the beginning of Fiscal Year 2023 (July 1, 2022) at a special meeting held on April 27, 2023. (To be Referred to the Committee on Finance.) (Referred to the Committee on Finance – May 11, 2023.)

		6. WRITTEN MOTION, Councillors Carney, Gomes, Abreu, Oliver, Council President Morad and Councillors Giesta and Markey, requesting that the Committee on Appointments and Briefings meet with Wendy Morrill from the South Coast Neighbors United organization and Stephanie Sloan, Acting Director of the Health Department, to speak on the South Coast Renewables, LLC (formerly known as “Parallel Products of New England”) project being proposed for the City of New Bedford. (To be Referred to the Committee on Appointments and Briefings.)

		7. WRITTEN MOTION, Council President Morad, requesting, that New Bedford Retirement Board Executive Director Eric C. Cohen be invited to attend a meeting of the Committee on Finance to provide a general overview of the operation of the Retirement Board; and further, to discuss the annual COLA recommendation process and the calculation of the City’s annual contribution to the OPED Trust Fund. (To be Referred to the Committee on Finance.)

		8. WRITTEN MOTION, Council President Morad, requesting, that New Bedford Economic Development Council Executive Director Derek Santos provide to the Committee on Finance an updated listing detailing the status of all City of New Bedford TIF and STA active certified projects. (To be Referred to the Committee on Finance.)

		9. WRITTEN MOTION, Councillors Burgo, Pereira and Markey, requesting, on behalf of Carlos Madeira, that Plot 132I-Lot35 (WS Acushnet Avenue) be rezoned from Residential A and Mixed-Use Business to MIXED USE BUSINESS in its entirety. (To be Referred to the Committee on Ordinances and the Planning Board.)

		10. COMMUNICATION, First Assistant City Solicitor Elizabeth McNamara, to City Council, regarding the Massachusetts Department of Transportation (MADOT) updated requirements resulting in the necessity for a full, updated layout of County Street. 10a. COMMUNICATION, DPI Commissioner Jamie Ponte, to City Council, submitting RECOMMENDATION OF ACCEPTANCE, for the LAYOUT AND ACCEPTANCE of COUNTY STREET, 50 feet wide, from Sta. 0+00.00 being 31.56 feet north of Scott Street to Sta. 68+85.63, being 100.02 feet north of Union Street; the corridor meets the rules and regulations of City Code Section 22-35, relative to the acceptance of streets. 10b. COMMUNICATION, DPI Commissioner Jamie Ponte, to City Council, submitting REQUEST TO TAKE LAND, for the LAYOUT AND ACCEPTANCE of COUNTY STREET, 50 feet wide, from Sta. 0+00.00 being 31.56 feet north of Scott Street to Sta. 68+85.63, being 100.02 feet north of Union Street, it is not necessary to take an easement or fee for highway purposes, as County Street has been identified as a public street and is therefore the property of the City of New Bedford. 10c. COMMUNICATION, DPI Commissioner Jamie Ponte, to City Council, submitting AWARD OF DAMAGES, for the LAYOUT AND ACCEPTANCE of COUNTY STREET, 50 feet wide, from Sta. 0+00.00 being 31.56 feet north of Scott Street to Sta. 68+85.63, being 100.02 feet north of Union Street, it is not necessary to award damages, as County Street has been identified as a public street and is therefore the property of the City of New Bedford. 10d. COMMUNICATION, DPI Commissioner Jamie Ponte, to City Council, submitting METES AND BOUNDS for the LAYOUT AND ACCEPTANCE of COUNTY STREET, 50 feet wide, from Sta. 0+00.00 being 31.56 feet north of Scott Street to Sta. 68+85.63, being 100.02 feet north of Union Street. 10e. AN ORDER, for a Hearing on THURSDAY, JULY 20, 2023 AT 7:00 P.M. in City Council Chambers, City Hall, for acceptance of proposed COUNTY STREET, 50 feet wide, from Sta. 0+00.00 being 31.56 feet north of Scott Street to Sta. 68+85.63, being 100.02 feet north of Union Street. 10f. AN ORDER, requesting the City Solicitor to prepare a LAYOUT ORDER for the layout and acceptance of contemplated proposed COUNTY STREET, 50 feet wide, from Sta. 0+00.00 being 31.56 feet north of Scott Street to Sta. 68+85.63, being 100.02 feet north of Union Street. (Hearing on said matter has been ordered for THURSDAY, JULY 20, 2023 at 7:00 p.m. in City Council Chambers, City Hall.)

		11. COMMUNICATION, Dennis Farias, City Clerk/Clerk of the City Council, submitting the revised City Council Chamber Rules of Decorum, in preparation of mounting the Council’s Smart Board onto the west wall of the Council Chamber (near the Chamber entrance), thus allowing all present a clear view of presentations as they are made in Chamber. 11a. City Council Chamber Rules of Decorum.

		12. COMMUNICATION/DEMOLITION, Anne Louro, Preservation Planner, to City Council, re: BUILDING DEMOLITION REVIEW: – 517 PRESCOTT STREET, (MAP 127B, LOT 190) a circa 19230, wood frame storage structure, advising that “the structure is not located in a National Register Historic District; the structure is of no notable historic significance either recorded or found with the existing condition of the structure; the structure is in poor condition due deferred maintenance” “in light of these findings, the Preservation Planner has determined that the storage structure at 517 Prescott Street is neither a Historically Significant nor a Preferably Preserved Building.”

		13. COMMUNICATION, City Clerk on behalf of the Interim City Treasurer, Quillan Lowney, requesting that the City Council set the City Treasurer's Bond at $350,000.00.

		14. COMMUNICATION, Council President Morad, submitting a copy of a petition signed by residents of Manomet Place, 170 Riverside Avenue, regarding the demolition of building on the east side of Manomet Place. (To be Received and Placed on File.)

		15. COMMUNICATION, City Clerk/Clerk of the City Council, Dennis W. Farias, submitting a copy of a letter responding to an Open Meeting Law complaint from Patrick Higgins, relating to the City Council’s Quasi Committee of the Whole remote meeting held on May 23, 2023.