CITY COUNCIL CALENDAR
Thursday, August 17, 2023
*************

OPENING OF SESSION BY
CITY COUNCIL PRESIDENT LINDA M. MORAD
*************
PLEDGE OF ALLEGIANCE
MEMBER OF THE CITY COUNCIL
*************
HEARINGS

1. HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 75’ of 3-4” Conduit, 10’ of 1-4” Conduit and one (1) Handhole in RUSSELL STREET, to provide electric service to 71 Russell Street.

 

1a. AN ORDER,

2. HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of 10' of 3-4" PVC Conduit and one (1) Handhole in ELM STREET, this work is necessary to provide electric service to 189 Elm Street.

 

2a. AN ORDER,

MAYORS PAPERS

M1. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, pursuant to G.L. c. 79, § 7A, which waives the appraisal requirement and the right to any damages to which the City may be entitled to with respect to two (2) permanent easements and one (1) temporary easement, to be acquired for the County Street Corridor Improvement Traffic Improvement Program (TIP) Project.

 

M1a.    AN ORDER,

M2. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, for the City of New Bedford to accept a donation of a mural to the Department of Parks, Recreation and Beaches from artist Ramiro Davaro-Comas, which will be placed in the Department’s reception area.

 

M2a.     AN ORDER,

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of SCOTT GRANT, New Bedford, MA to the CONSERVATION COMMISSION; this term will expire June 2026.
M4.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of REBECA LINHART, New Bedford, MA to the CONSERVATION COMMISSION; this term will expire June 2026.
M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of KIMBERLY RIOUX, New Bedford, MA to the CONSERVATION COMMISSION; this term will expire June 2026.
M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of DIANA HENRY, New Bedford, MA to the HISTORICAL COMMISSION; this term will expire February 2026.
NEW BUSINESS

3.         LOAN ORDER, appropriating $7,650,000.00 for the purpose of making critically needed repairs to City-owned buildings. (Adoption FAILED – Yeas 5, Nays 3; Reconsideration ADOPTED – Yeas 7, Nays 1 and Motion to Table – FAILED – Yeas 4, Nays 5 – July 20, 2023.)

4. LOAN ORDER, appropriating $4,054,139.00 for the replacement of the window, curtain wall, doors and storefront at the Ellen R. Hathaway Elementary School. (Passed to a Second Reading – July 20, 2023.)

5. LOAN ORDER, appropriating $3,718,236.00 for the replacement of the roof at the Elizabeth Carter Brooks School. (Passed to a Second Reading – July 20, 2023.)

6. AN ORDINANCE, amending Chapter 2, Sections 2-60; 2-61; 2-62 and 2-63 of the City Code – RELATIVE TO THE CLERK OF COMMITTEES. (Passed to a Second Reading – July 20, 2023.)

7. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of SAFIRA GONCALVES, New Bedford, MA as a CONSTABLE.

 

7a. AN APPLICATION, (Referred to the Committee on Appointments and Briefings – June 08, 2023.)

8. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of HEATHER SYLVIA CHEW, New Bedford, MA, 02746, to the COMMISSION FOR CITIZENS WITH DISABILITIES.

 

8a. 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; this term will expire in May 2026. (Referred to the Committee on Appointments and Briefings – June 22, 2023.)

9. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of ALEX J. WEINER, New Bedford, MA 02740, as a Member of the BOARD OF HEALTH.

 

9a. 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. (Referred to the Committee on Appointments and Briefings – June 22, 2023.)

10. REPORT, Committee on Appointments and Briefings, recommending that the City Council waive the balance due by the Maltais’ in the amount of $17,839.94 for the cost of the repairs associated with 578 County Street.

11. REPORT, Committee on City Property, recommending to the City Council ADOPTION the ORDER, submitted by Mayor Mitchell, that the City Solicitor obtain an appraisal of land for Assessors Map 23, Lot 158 (property known as the “Goodyear Site”) and prepare an Order of Taking, for the purpose of acquiring a fee interest in the land, by eminent domain or other legal means; the acquisition is needed for construction of a new facility serving Grades K-5 on an alternative site to consolidate the student populations of the existing James B. Congdon and John B. DeValles Elementary Schools.

 

11a. AN ORDER, (Referred to the Committee on City Property – July 20, 2023.)

12. REPORT, Committee on Appointments and Briefings, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of GABRIEL MACEDO, 12 Stapleton Street, New Bedford, 02744 d/b/a DEMACEDO TRANSPORTATION, 12 Stapleton Street, New Bedford, MA 02744, hereby submitting a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE to carry passengers for hire over the streets of New Bedford.

 

12a. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of GABRIEL MACEDO, 12 Stapleton Street, New Bedford, 02744 d/b/a DEMACEDO TRANSPORTATION, 12 Stapleton Street, New Bedford, MA 02744, hereby submitting a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE to carry passengers for hire over the streets of New Bedford. (Term of License – July 01, 2023 to June 30, 2024.) (Referred to the Committee on Appointments and Briefings – June 08, 2023.)

13. REPORT, Committee on City Property, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION and ORDER, accepting a thirty (30) year Term Preservation Restriction granted by the Waterfront Historic Area League of New Bedford, Inc., to the New Bedford Historical Commission for property containing about 2,952 square feet, more or less, improved by a building and owned by the Waterfront Historic Area League of New Bedford, Inc., the subject property is located at 305-307 Pleasant Street, New Bedford, Massachusetts, being more particularly described in a quitclaim deed dated December 1, 1999, and recorded in Book 4573, Page 60 in the Bristol County (Southern District) Registry of Deeds. 

 

13a. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, for review and approval, accepting a thirty (30) year Term Preservation Restriction granted by the Waterfront Historic Area League of New Bedford, Inc., to the New Bedford Historical Commission for property containing about 2,952 square feet, more or less, improved by a building and owned by the Waterfront Historic Area League of New Bedford, Inc., the subject property is located at 305-307 Pleasant Street, New Bedford, Massachusetts, being more particularly described in a quitclaim deed dated December 1, 1999, and recorded in Book 4573, Page 60 in the Bristol County (Southern District) Registry of Deeds. (Referred to the Committee on City Property – February 11, 2021.)

 

13b. AN ORDER, (Referred to the Committee on City Property - February 11, 2021.)

14. REPORT, Committee on City Property, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION, and Request for Proposal, submitted by Mayor Mitchell, for the sale and development of an Advanced Manufacturing Campus on 100 acres of the Whaling City Golf Course property on Hathaway Road. 

 

14a. COMMUNICATION, Mayor Mitchell, to City Council, submitting a Request for Proposal for the sale and development of an Advanced Manufacturing Campus on 100 acres of the Whaling City Golf Course property on Hathaway Road. (Referred to the Committee on City Property – February 24, 2022.)

 

14b. REQUEST FOR PROPOSALS, (Referred to the Committee on City Property - February 24, 2022.)

15. REPORT, Committee on City Property, recommending that the City Council take “NO FURTHER ACTION” on the COMMUNICATION and DRAFT Request for Proposals, submitted by Mayor Mitchell, for the lease of the entire third floor of the Quest Center Building at 1213 Purchase Street.

 

15a. COMMUNICATION, Mayor Mitchell, to City Council, submitting a DRAFT Request for Proposal for the lease of the entire third floor of the Quest Center Building at 1213 Purchase Street. (Referred to the Committee on City Property – May 24, 2022.)

 

15b. REQUEST FOR PROPOSALS, (DRAFT) (Referred to the Commitee on City Property - May 24, 2022.)

16. WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Appointments and Briefings meet with Berklee College of Music Professor Jackie Santos and Berklee College of Music Vice President of Education Outreach and Social Entrepreneurship Krystal Prime-Banfield for the purpose of discussing, which has been in discussion for some time, locating a Berklee City Music in the City in New Bedford.

17. WRITTEN MOTION, Councillors Pereira, Abreu, Giesta, Carney, Oliver, requesting, that the Licensing Board open a Public Hearing at their next meeting, to rescind Rule 48 of the City of New Bedford's Rules & Regulations for those licensed to sell alcoholic beverages both on and off premises. (To be Referred to the Licensing Board.)

18. WRITTEN MOTION, Councillors Pereira, Abreu, Giesta, Carney, Oliver, Council President Morad, requesting, that the Committee on Appointments and Briefings meet with New Bedford business owners and residents to discuss the issues surrounding the Licensing Board's Rule 48, the ban of alcohol sold in or less than 100 milliliter containers.

19. WRITTEN MOTION, Council President Morad, submitting the REAPPOINTMENT of DENNIS W. FARIAS, New Bedford, MA, 02745, as City Clerk and Clerk of the City Council for a three-year term, expiring August of 2026.

20. WRITTEN MOTION, Councillor Baptiste, requesting, that the Committee on Ordinances review and consider changes to Section 4200 of the City Code that deals with body art establishments that currently prohibits some salons from performing a cosmetic enhancement procedure that is distinguishable from the kind of tattooing that Section 4200 was originally meant to regulate. (To be Referred to Committee on Ordinances.)
21. WRITTEN MOTION, Councillor Carney, requesting, that on the November 2023 Ballot, a question be placed whether the City should create a Charter Review Commission.

22. WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Appointments and Briefings meet with the potential developers of two homes located in New Bedford Historical Districts, one at 52 Ash Street and the other at 110 Hawthorn Street; the Ash Street residence was sold to Caldeira, LLC for the potential location of a 21-person rooming house; the Hawthorn Street residence is owned by Jeff A. White of DW White Construction, Acushnet, MA, who is negotiating a lease with Fellowship Health Resources (a Rhode Island based company) for a seven-person rooming house; and further, requesting that the owners of both locations attend a meeting to provide detailed plans to the Committee; and further, requesting that representatives of the New Bedford Preservation Society and WHALE (Waterfront Historic Area League) also be invited to attend said meeting, along with residents located within a six-block area; the integrity of the neighborhood’s single-family homes is at stake, homes that have been preserved for their historical significance and whaling heritage. (To be Referred to the Committee on Appointments and Briefings.)

23. WRITTEN MOTION, Councillors Gomes and Markey, requesting, that the New Bedford Police Department increase police patrols in the area of Morton Avenue and Hanover Street due to the increase in speeding incidences and criminal activity; and further, that the Traffic Division conduct speed radar patrols in the aforementioned area.  (To be Referred to the New Bedford Police Chief and the Commanding Officer of Station 3.)

24. WRITTEN MOTION, Councillors Burgo, Pereira and Abreu, that the Committee on Ordinances explore the enactment of an Ordinance or City policy to establish parental paid leave to provide compensation for a period of time for City employees in the event of an addition of a child to the employee’s immediate family to allow for the proper care of and bonding with the child. 

25. WRITTEN MOTION, Councillor Gomes, requesting, that the Traffic Commission install “Slow, Curve Ahead” signage in both the northbound and southbound directions of County Street, from Spring Street to Madison Street; and further, that the Traffic Commission install solar speed limit signage in both northbound and southbound directions; this request is on behalf of residents in the area who are concerned with the frequent occurrence of accidents on this stretch of road. (To be Referred to the Traffic Commission.)

26. WRITTEN MOTION, Councillor Gomes, requesting, that the Mayor take $50,000 of ARPA monies to purchase 10 to 12 solar radar speed limit signs; this signage is needed throughout the City to reduce speeding.

27. WRITTEN MOTION, Councillor Gomes, requesting, that Mayor Mitchell, Senator Montigny, Representatives Cabral, Hendricks, Markey, and Schmid convene an emergency meeting with the Governor's Office, UMass Dartmouth Chancellor Mark Fuller; Provost Ram Bala; Dean of the College of Visual and Performing Arts, Lawrence Jenkins; a representative from DCAMM; and any other pertinent State Officials to develop an immediate plan to ensure the Star Store building in Downtown New Bedford will continue to be utilized as a UMass Dartmouth campus and that all programs previously operating in that space will continue to do so this Fall and into the future academic years.

28. COMMUNICATION, Associate City Solicitor Pavao, to City Council, submitting appraisals summaries for the proposed County Street Traffic Improvement Project, prepared by Bernard P. Giroux, ASA, MRA and obtained in accordance with the provisions of G.L. Chapter 79, Section 7A.

 

28a. APPRAISAL SUMMARIES,

29.       COMMUNICATION, Associate City Solicitor Pavao, to City Council, submitting ORDERS OF TAKING to acquire the permanent and temporary easements that are needed for the County Street Traffic Improvement Project.

 

29a.     REGISTERED LAND,

 

29b.     RECORDED LAND,

30. COMMUNICATION, City Clerk/Clerk of the City Council Dennis W. Farias, submitting a copy of an Open Meeting Law Complaint Form from Kyle Duarte, New Bedford, MA to the Licensing Board regarding the Public Hearing that took place on July 24, 2023, on the Ban of the Sale of Alcohol in containers less than or equal to 100 Milliliters. (To be Received and Placed on File.)

31. COMMUNICATION, City Clerk/Clerk of the City Council Dennis W. Farias, submitting a copy of an Open Meeting Law Complaint Form from Mark Custodio, New Bedford, MA to the Licensing Board regarding the Public Hearing that took place on July 24, 2023, on the Ban of the Sale of Alcohol in containers less than or equal to 100 Milliliters. (To be Received and Placed on File.)

32. COMMUNICATION, City Clerk/Clerk of the City Council Dennis W. Farias, submitting a copy of an Open Meeting Law Complaint Form from Sendhabhai Patel, New Bedford, MA to the Licensing Board regarding the Public Hearing that took place on July 24, 2023, on the Ban of the Sale of Alcohol in containers less than or equal to 100 Milliliters. (To be Received and Placed on File.)

33. COMMUNICATION, City Clerk/Clerk of the City Council Dennis W. Farias, submitting a copy of an Open Meeting Law Complaint Form from Narendra Patel, New Bedford, MA to the Licensing Board regarding the Public Hearing that took place on July 24, 2023, on the Ban of the Sale of Alcohol in containers less than or equal to 100 Milliliters. (To be Received and Placed on File.)

34. COMMUNICATION, Council President Morad, submitting a letter from Theresa Brum, a New Bedford resident, to the City Council regarding the litter problem of our city and possible suggestions to alleviate the problem. (Received and Placed on File.)

35.       COMMUNICATION, City Clerk/Clerk of the City Council, submitting a copy of a communication from the Massachusetts Department of Transportation, Highway Division notifying that MassDOT has altered the location of a section(s) of the State Highway (Route 18) in the City of New Bedford. (To be Received and Placed on File.)

TABLED BUSINESS

 

In accordance with the Americans with Disabilities Act (ADA),

if any accommodations are needed, please contact the City Council Office at 508-979-1455. Requests should be made as soon as possible but at least 48 hours prior to the scheduled meeting.