CITY COUNCIL CALENDAR
Thursday, January 12, 2017
*************

OPENING OF SESSION BY:
CITY COUNCIL PRESIDENT JOSEPH P. LOPES
*************
PRAYER LED BY:
REVEREND DAVID LIMA, PASTOR, NEW SEASONS WORSHIP CENTER
*************
HEARINGS

1.     HEARING, on NSTAR Electric Company d/b/a Eversource Energy for location of two (2) 45"x45"x36" Handholes BROWNELL STREET, South of Union Street.

 

1a.     AN ORDER,

 

MAYOR'S PAPERS

M1.      COMMUNICATION, Mayor Mitchell to City Council, submitting an amendment to the LOAN ORDER, appropriating $5,039,280.00 to be borrowed in two phases, and pay costs of remodeling, reconstruction and making extraordinary repairs to the Elm Street Parking Garage.

M1a.    LOAN ORDER,

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $200,000.00 from PUBLIC INFRASTRUCTURE, SALARIES & WAGES, to PUBLIC INFRASTRUCTURE, CHARGES & SERVICES.

 

M2a.    AN ORDER,

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $10,000.00 from MIS, SALARIES & WAGES, to MIS, CHARGES & SERVICES.

M3a.    AN ORDER,

M4.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR WAIVER OF RESIDENCY for GLENN STYS, Dartmouth, MA 02747, in the Department of Emergency Medical Services as a PARAMEDIC.

M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR WAIVER OF RESIDENCY for ALFRED FIGUEIREDO, Riverside, RI 02915, in the Department of Emergency Medical Services as a PARAMEDIC.

M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR WAIVER OF RESIDENCY for KYLE GERRIOR, East Freetown, MA 02717, in the Department of Emergency Medical Services as a VARIABLE TIME PARAMEDIC.

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR WAIVER OF RESIDENCY for PHILIP STANLEY, Marion, MA 02738 in the Department of Inspectional Services as a PLUMBING/GAS INSPECTOR.

M8.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of JAMES DWYER, New Bedford, MA, to the HARBOR DEVELOPMENT COMMISSION; this term will expire December 2018.

M9.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of BRIAN ROTHSCHILD, New Bedford, MA, to the HARBOR DEVELOPMENT COMMISSION; this term will expire December 2019.

M10.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT and WAIVER OF RESIDENCY for JAMES E. BOYLE, South Dartmouth, MA, to the HARBOR DEVELOPMENT COMMISSION; this term will expire December 2018.

M11.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT and WAIVER OF RESIDENCY for DAVIS L. SULLIVAN, Rochester, MA, to the HARBOR DEVELOPMENT COMMISSION; this term will expire December 2019.

M12.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of LINDA CARREIRO, New Bedford, MA, to the COMMISSION FOR CITIZENS WITH DISABILITIES, replacing John Tyson who passed away September 03, 2016; this term will expire May 2018.

M13.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of GONZALO MORALES, New Bedford, MA, as a CONSTABLE.

M13a.  APPLICATION,

NEW BUSINESS

2.     REPORT, Committee on Appointments & Briefings recommending to the City Council APPROVAL of the APPLICATION, Imad Saker, for a SPECIAL PERMIT for Motor Vehicle Sales and Rentals at 384 Dartmouth Street, New Bedford, MA 02740.

2a.     SPECIAL PERMIT APPLICATION,

3.     REPORT, Committee on Appointments & Briefings recommending to the City Council APPROVAL of the APPLICATION of Imad Saker, 25 Donald Street, Dartmouth, MA 02748, d/b/a I DRIVE, 384 Dartmouth Street, New Bedford, MA, 02740, requesting a NEW PRIVATE LIVERY LICENSE, under the provisions of Massachusetts General Laws, Chapter 159A, Section I, and amendments thereto, and MGL Chapter 270, Section 22 (Smoke Free Workplace Law) and all other laws applicable to such operation to carry passengers for hire over the streets of New Bedford. 

3a.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Imad Saker, 25 Donald Street, Dartmouth, MA 02748 d/b/a I DRIVE, 384 Dartmouth Street, New Bedford, MA 02740, hereby submitting a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE, under the provisions of Massachusetts General Laws, Chapter 159A, Section 1, and amendments thereto, and M.G.L. Chapter 270, Section 22 (Smoke Free Workplace Law) and all other laws applicable to such operation to carry passengers for hire over the streets of New Bedford. (Referred to the Committee on Appointments and Briefings 11/22/2016.)

4.     REPORT, Committee on Appointments & Briefings recommending to the City Council APPROVAL of the APPLICATION of  NASAR M. BOKHARI, 347 North Street, New Bedford, MA, 02740 d/b/a MY WHEELS, LLC, 347 North Street, New Bedford, MA, 02740, requesting a NEW Private Livery License, under the provisions of M.G.L. Chapter 159A, Section 1 and amendments thereto, and M.G.L. Chapter 270, Section 22 (Smoke Free Workplace Law) and all other laws applicable to such operation, to carry passengers for hire over the streets of New Bedford.

 

4a.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Nasar M. Bokhari, 347 North Street, New Bedford, MA, 02740 d/b/a MY WHEELS, LLC, 347 North Street, New Bedford, MA, 02740, hereby submits a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE, under the provisions of M.G.L. Chapter 159A, Section 1 and amendments thereto, and M.G.L. Chapter 270, Section 22 (Smoke Free Workplace Law) and all other laws applicable to such operation, to carry passengers for hire over the streets of New Bedford. (Referred to the Committee on Appointments and Briefings 11/10/2016.)

5.     REPORT, Committee on Appointments & Briefings recommending to the City Council APPROVAL of the APPLICATION of Joseph Vargas, 60 Highland Drive, Centerville, MA, 02632, and Dean Murphy, 50 Son Hill Road, Barnstable, MA, 02668, d/b/a AIRPORT TAXI LLP, P.O. Box 36, Centerville, MA, 02632, requesting a NEW PRIVATE LIVERY LICENSE, under the provisions of Massachusetts General Laws, Chapter 159A, Section 1, and amendments thereto, and M.G.L. Chapter 270, Section 22 (Smoke Free Workplace Law) and all other laws applicable to such operation to carry passengers for hire over the streets of New Bedford. 

5a.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Joseph Vargas, 60 Highland Drive, Centerville, MA 02672 & Dean Murphy 50 Son Hill Road, Centerville, MA 02668 d/b/a AIRPORT TAXI LLP, P.O. Box 36 Centerville, MA 02632, hereby submitting a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE, under the provisions of Massachusetts General Laws, Chapter 159A, Section 1, and amendments thereto, and M.G.L. Chapter 270, Section 22 (Smoke Free Workplace Law) and all other laws applicable to such operation to carry passengers for hire over the streets of New Bedford. (Referred to the Committee on Appointments and Briefings 11/22/2016.)
6.     LOAN ORDER, Ordered appropriating $8,336,514.00 for a repair project at the John Avery Parker Elementary School and amending the Orders passed September 1, 2015 and March 22, 2016 to provide that a portion of each such Order be allocated to the John Avery Parker Elementary School Repair Project. (Passed to a Second Reading – November 22, 2016.)

7.     AN ORDINANCE, amending Chapter 17, Section 17-25, RELATIVE TO RECREATIONAL VEHICLES. (Passed to a Second Reading – November 22, 2016.)

8.     AN ORDINANCE, amending Chapter 6 of the New Bedford Code of Ordinances by the addition of Article IX adopting the Stretch Code, 780 CMR Appendix 115. AA, to the 9th Edition Massachusetts Building Code, including any future editions of amendments to or modification of said appendix. (Passed to a Second Reading – November 22, 2016.)

9.     WRITTEN MOTION, Councillor Bousquet, requesting, that the Committee on Ordinances look into updating the 1963 law in the City Code, Chapter 1, Section 1-5, regarding advertising Ordinances to reflect modern mass communication methods in an age where smart phones, tablets and laptops reign and print media has a small and ever shriveling audience. (To be Referred to the Committee on Ordinances.)

10.     WRITTEN MOTION, Councillors Abreu, Carney, Gomes, Council President Lopes, Councillors Martins, Morad, Oliveira and Winterson, requesting, once again, that Park Board Chairperson, Peter Boswell and Director of Parks, Recreation and Beaches, Mary Rapoza, appear before the Committee on Appointments and Briefings to address the status of the Military Museum and the alleged rumor that the Park Department is considering charging the Military Museum a rental fee for the building.  (To be Referred to the Committee on Appointments and Briefings.)

11.     WRITTEN MOTION, Councillors Coelho, Winterson, Council President Lopes and Councillor Martins, requesting, that Police Chief Cordeiro be invited to a meeting of the Committee on Public Safety and Neighborhoods to discuss current policy on community policing and foot patrols. (To be Referred to the Committee on Public Safety and Neighborhoods and Police Chief Cordeiro.)
12.     WRITTEN MOTION, Councillors Winterson, Abreu, Bousquet, Martins, Council President Lopes and Councillor Carney, requesting, that the Department of Public Infrastructure repair the large dip in the road on Hawthorn Street by Ocean Street, this street is around the corner from St. Luke’s Hospital and is used by paramedics not only from New Bedford, but surrounding Towns transporting patients to the emergency room, EMS personnel have complained of placing an IV into a patient in an attempt to stabilize that patient and having difficulty because of all of the potholes, bumps and dips in the road due to the road conditions.
13.     WRITTEN MOTION, Councillors Winterson, Abreu, Bousquet, Martins, Council President Lopes and Councillor Carney, requesting, that a letter be sent to our State Legislative Delegation and Congressman Keating, regarding the need for State funds to repair the deteriorating road conditions on Grape Street, from Field Street to Oak Street, from Oak Street to Dartmouth Street, the uneven and dangerous surfaces are rendering this location a menace to motorists; and further, this street is on an ambulance route, being one block from St. Luke’s Hospital, this appalling roadway needs to be repaired without delay.

14.     WRITTEN MOTION, Councillor Abreu, Council President Lopes, Councillors Winterson, Martins and Bousquet, requesting that both the City Solicitor and Mayor's Office work with and come before the Committee on Ordinances to re-evaluate the proposed "municipal marketing" strategy as a means to generate a potential substantial amount of positive revenue for the City of New Bedford; Chapter 9, Section 3228 of the City Code currently prohibits the construction of new off-premise signs, if this code were to be amended to allow such "municipal marketing" opportunities for private sector industries, the City would need to establish a competitive procurement process to insure its legality. (To be Referred to the City Solicitor's Office, Mayor's Office and Committee on Ordinances.)

15.     COMMUNICATION, City Clerk/Clerk of the City Council to the City Council regarding staff disclosures of duties, relative to pending Ordinance and Unit C Personnel Study. 

16.     COMMUNICATION, Derek Santos, Executive Director, New Bedford Economic Development Council, to Members of the City Council, submitting STA application and Resolution approved by the Tax Increment Financing Board for a five (5) year STA Agreement for Quality Custom Packing, Inc., 25 Wright Street, New Bedford, MA 02740. (Copies provided and disturbed to Councillors on 12/13/2016.)

16a.     RESOLUTION, Approving Certified Project Application and Special Tax Assessment Agreement with Quality Custom Packing, Inc. and DSMS LLC.

17.     COMMUNICATION, Derek Santos, Executive Director, New Bedford Economic Development Council, to Members of the City Council, submitting STA application and Resolution approved by the Tax Increment Financing Board for a five (5) year STA Agreement for Freedom Restoration and Cleaning, 1440 Purchase Street, New Bedford, MA 02740. (Copies provided and disturbed to Councillors on 12/13/2016.)

 

17a.     RESOLUTION, Approving Certified Project Application and Special Tax Assessment Agreement with Freedom Restoration, LLC and 1440 Purchase Street Realty Trust.

TABLED BUSINESS
NO ITEMS ON THIS AGENDA.