CITY COUNCIL CALENDAR
Thursday, June 28, 2018
*************

NOTE:
THE MEETING IS HELD AT 7 P.M. CITY COUNCIL CHAMBERS - ROOM 214, CITY HALL, 133 WILLIAM STREET, NEW BEDFORD, MA. FOR OFFICAL POSTING, PLEASE SEE CITY'S WEBSITE
*************
OPENING OF SESSION BY
CITY COUNCIL PRESIDENT LINDA M. MORAD
*************
PRAYER LED BY:
MS. PRISCILLA LOURO-FONSECA, CHAPLAIN, BRISTOL COUNTY AMERICAN LEGION DISTRICT A
*************
PLEDGE OF ALLEGIANCE
.
*************
HEARINGS

1.     A HEARING, ORDERED, that the following petroleum license hereby be REVOKED: 247 CEDAR STREET, originally granted April 11, 1946 for 6,122 gallons of storage, two (2) tanks were removed on March 3, 2017, one (1) 1000 gallon  and one (1) 5000 gallon tanks.

 

1a.     COMMUNICATION, David Ferreira, owner of 247 Cedar Street, to City Clerk Farias, requesting that the petroleum license at said address be REVOKED.  (To be Received and Placed on File.)

2.     HEARING, on Verizon New England, Inc. & NSTAR Electric Company d/b/a Eversource Energy for joint location of one (1) Mid Span Pole at 114 CLARK STREET.

 

2a.     AN ORDER,

MAYORS PAPERS

M1.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a ORDER, that the City Treasurer is hereby authorized to enter into Compensating Balance Agreements with financial institutions for the period of July 01, 2018 - June 30, 2021.

 

M1a.     AN ORDER,

M2.     COMMUNICATION, Mayor Mitchell, to City Council, submitting an ORDER that the City of New Bedford accept G.L. c.64N, Section 3 to impose a excise tax on the retail sales of marijuana for adult use at the rate of 3 percent.

 

M2a.     AN ORDER,

M3.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of KENNETH BLANCHARD, Fairhaven, MA, to the GREATER NEW BEDFORD REGIONAL REFUSE MANAGEMENT DISTRICT; Mr. Blanchard will be replacing Lawrence D. Worden; this term will expire June 2019; also requesting a ONE-YEAR WAIVER OF RESIDENCY for Mr. Blanchard, this waiver will be in effect until June 2019.
M4.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a WAIVER of RESIDENCY for DEREK PACHECO, Westport, MA, SENIOR SYSTEMS ANALYST, in the NEW BEDFORD POLICE DEPARTMENT.
M5.     COMMUNICATION, Mayor Mitchell to City Council, submitting a WAIVER of RESIDENCY for CONNOR ROY, LIFEGUARD, DEPARTMENT OF PARKS, RECREATION and BEACHES, who resides in Acushnet, MA.
M6.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a WAIVER of RESIDENCY for ROGER HART, LIFEGUARD, DEPARTMENT OF PARKS, RECREATION AND BEACHES, who resides in Medway, MA.
M7.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of ANNA SURMA, New Bedford, MA 02740, to the HISTORICAL COMMISSION; this term will expire June 20121.
M8.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of SYLVIA GOMES, New Bedford, MA  02744, to the COMMUNITY PRESERVATION COMMITTEE; this term will expire April 2021.
NEW BUSINESS

3.     REPORT, Committee on Appointments & Briefings, recommending to the City Council to GRANT AS AMENDED, the Petition, Luisander Caraballo, 9 Vandewater Street, Providence, RI 02908 d/b/a DANNY’S APPLIANCE, 1502 Purchase Street, New Bedford, MA 02740, a Waiver of Residency in accordance with Section 15-18 of the City Code, to obtain a NEW LICENSE TO DEAL IN JUNK, OLD METALS OR ANY OTHER SECOND HAND ARTICLES.

 

3a.     PETITION, Luisander Caraballo, 9 Vandewater Street, Providence, RI 02908 d/b/a DANNY’S APPLIANCE, 1502 Purchase Street, New Bedford, MA 02740, requesting that he be granted a Waiver of Residency in accordance with Section 15-18 of the City Code, to obtain a NEW LICENSE TO DEAL IN JUNK, OLD METALS OR ANY OTHER SECOND HAND ARTICLES. (Referred to the Committee on Appointments and Briefings – May 8, 2018.)

4.     REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the Application on behalf of Antonia Cruz d/b/a TRANSPORTE LA TRIXITA, 89 Beetle Street, New Bedford, MA 02746, 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. 

 

4a.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Antonia Cruz d/b/a TRANSPORTE LA TRIXITA, 89 Beetle Street, New Bedford, MA 02746, 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 – May 8, 2018.)

5.     REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL on the APPLICATION, Khalil Arsanios, D/B/A International Auto Repair, for a SPECIAL PERMIT for Motor Vehicle General Repair and Light Service at 308 Mill Street, New Bedford, MA 02740. 

 

5a.    SPECIAL PERMIT, Khalil Arsanios, D/B/A International Auto Repair, for a SPECIAL PERMIT for Motor Vehicle General Repair and Light Service at 308 Mill Street, New Bedford, MA 02740

6.     REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPLICATION, Mohammad A. Dadauch, for a SPECIAL PERMIT for Motor Vehicle Sales and Rentals at 297 Belleville Avenue, New Bedford, MA 02746.

 

6a.     SPECIAL PERMIT, Mohammad A. Dadauch, for a SPECIAL PERMIT for Motor Vehicle Sales and Rentals at 297 Belleville Avenue, New Bedford, MA 02746.

7.     REPORT, Committee on Appointments and Briefings, recommending to the City Council to continue to support the North Star Learning Center’s programs and their application for CDGB monies for the construction of a new Childhood Program Center.

8.     REPORT, Committee on City Property, recommending that the City Council proceed with the sale of the property identified as 14 Hervey Tichon Avenue, New Bedford Assessor’s Map 66, Lots 135, 137, 145, 147 and 148; and recommending that the City Council accept the Request For Proposals (RFP) issued by the Administration related to the sale of properties identified as 14 Hervey Tichon Avenue, New Bedford Assessor’s Map 66, Lots 135, 137, 145, 147 and 148 and accept the proposals submitted pursuant to the RFP; and recommending to the City Council APPROVAL of the sale of the property identified as 14 Hervey Tichon Avenue, New Bedford Assessor’s Map 66, Lots 135, 137, 145, 147 and 148 to Nordic Fisheries, Inc. or RCP Realty, LLC, pursuant to the proposal submitted under the RDP approved by the Committee on City Property and that the Administration be authorized to execute all documents necessary for the transfer of the respective properties. 

 

8a.     ORDER, That pursuant to M.G. L., Chapter 40, Section 3, the real property located in New Bedford, MA and being shown on New Bedford Assessor’s Map 66, Lots 135, 137, 145, 147 and 148 be sold to Nordic Fisheries, Inc. in accordance with Massachusetts General Laws Chapter 30B and New Bedford Code of Ordinances Section 2-65, et. Seq. and the terms of a purchase and sale agreement and deed to be drafted by the City Solicitor and executed by the Mayor. (14 Hervey Tichon Avenue) – (Referred to the Committee on City Property –April 12, 2018.)

9.     REPORT, Committee on City Property, recommending that the City Council proceed with the sale of the property identified as 22 Antonio L. Costa Boulevard, New Bedford Assessor’s Map 66, Lots 128 and 136; and recommending that the City Council accept the Request For Proposals (RFP) issued by the Administration related to the sale of property identified as 22 Antonio L. Costa Boulevard, New Bedford Assessor’s Map 66, Lots 128 and 136 and accept the proposals submitted pursuant to the RFP; and recommending to the City Council APPROVAL of the sale of the property identified as 22 Antonio L. Costa Boulevard, New Bedford Assessor’s Map 66, Lots 128 and 136 to Nordic Fisheries, Inc. or RCP Realty, LLC pursuant to the proposal submitted under the RFP approved by the Committee on City Property and that the Administration be authorized to execute all documents necessary for the transfer of the respective properties.

 

9a.     ORDER, That pursuant to M.G. L., Chapter 40, Section 3, the real property located in New Bedford, MA and being shown on New Bedford Assessor’s Map 66, Lots 128 and 136 be sold to Nordic Fisheries, Inc. in accordance with Massachusetts General Laws Chapter 30B and New Bedford Code of Ordinances Section 2-65, et. Seq. and the terms of a purchase and sale agreement and deed to be drafted by the City Solicitor and executed by the Mayor. (22 Antonio L. Costa Boulevard) – (Referred to the Committee on City Property –April 12, 2018.)

10.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDER for the TRANSFER of $2,908,031. from WATER FREE CASH, to WATER CHARGES AND SERVICES in the amount of $150,000.00 and WATER CAPITAL OUTLAY in the amount of $375,000.00 and WATER STABILIZATION in the amount of $2,383,031. 

10a.     ORDER, Referred to the Committee on Finance - May 24, 2018.)

11.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDER for the TRANSFER of $300,000.00 from WATER SALARIES AND WAGES to WATER CHARGES AND SERVICES.

11a.     ORDER, Referred to the Committee on Finance - May 24, 2018.

12.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDER for the TRANSFER of $150,000.00, from WASTEWATER SALARIES AND WAGES to WASTEWATER OTHER FINANCING USES. 

 

12a.     ORDER, Referred to the Committee on Finance - May 24, 2018.

13.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDER for the TRANSFER OF $81,458.00, from PUBLIC INFRASTRUCTURE, SALARIES AND WAGES, in the amount of $80,000.00 and CAPITAL OUTLAY in the amount of $1,458.00 to PUBLIC INFRASTRUCTURE, CHARGES AND SERVICES in the amount of $30,000.00 and SUPPLIES AND MATERIALS in the amount of $51,458.00. 

 

13a.     ORDER - Referred to the Committee on Finance - May 24, 2018.

14.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDER for the TRANSFER of $236,400.00, from FACILITIES AND FLEET SALARIES AND WAGES, in the amount of $213,000.00 and SUPPLIES AND MATERIALS in the amount of $23,400.00 to FACILITIES AND FLEET CHARGES AND SERVICES. 

 

14a.     ORDER, Referred to the Committee on Finance - May 24, 2018.

15.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDERS for the TRANSFER of $77,500.00, from PLANNING SALARIES AND WAGES, in the amount of $60,000.00 and INSPECTIONAL CHARGES AND SERVICES in the amount of $17,500.00 to MAYORS SALARIES AND WAGES; and for the TRANSFER of $20,000.00, from TRAFFIC SALARIES AND WAGES to MAYOR CHARGES AND SERVICES.  

 

15a.     ORDER, Referred to the Committee on Finance - May 24, 2018.

 

15b.     ORDER, Referred to the Committee on Finance - May 24, 2018.

16.     REPORT, Committee on Appointments & Briefings, recommending to the City Council to take “NO FURTHER ACTION” on a WRITTEN MOTION, Councillor Gomes, requesting, that a letter be sent to the owner of the old HESS Gas Station or Speedway franchise located at the corner of Cove Road and Crapo Street, asking for immediate action as to what their intentions are for this location; and further, that City Solicitor McDermott begin the process of making sure that this company is held accountable for the deterioration and underground gas tanks and any other contaminants at said location; and further, that the Department of Inspectional Services and the Treasurer’s office inform the City Council if there are any problems at this location or any taxes due.

 

16a.     WRITTEN MOTION, Councillor Gomes, requesting, that a letter be sent to the owner of the old HESS Gas Station or Speedway franchise located at the corner of Cove Road and Crapo Street, asking for immediate action as to what their intentions are for this location; and further, that City Solicitor McDermott begin the process of making sure that this company is held accountable for the deterioration and underground gas tanks and any other contaminants at said location; and further, that the Department of Inspectional Services and  the Treasurer’s office inform the City Council if any problems exist at this location, or any taxes are due. (Referred to the Committee on Appointments and Briefings – November 10, 2016.)

17.     REPORT, Committee on Appointments & Briefings, recommending to the City Council to take “NO FURTHER ACTION” on a WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Appointments and Briefings meet with Derek Santos from New Bedford Economic Development Council, along with members of the Board of Park Commissioners and a representative of the Administration and Mass Development Council for the purposes of discussing the planned Business Park proposal for the Whaling City Golf Course; and further, that Mr. Santos provide the Council with a breakdown of how much this will cost the City to develop, what are the pros and cons with all the losses included, what will be the tax return, and more importantly, why wasn't this discussed on a City-wide basis before this decision was made, with those from the Board of Park Commissioners as well as the taxpayers of the City of New Bedford.

 

17a.     WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Appointments and Briefings meet with Derek Santos from New Bedford Economic Development Council, along with members of the Board of Park Commissioners and a representative of the Administration for the purposes of discussing the planned Business Park proposal for the Whaling City Golf Course; and further, that Mr. Santos provide the Council with a breakdown of how much this will cost the City to develop, what are the pros and cons with all the losses included, what will be the tax return, and more importantly, why wasn't this discussed on a City-wide basis before this decision was made, with those from the Board of Park Commissioners as well as the taxpayers of the City of New Bedford. (Referred to the Committee on Appointments and Briefings – May 23, 2017.)

18.     REPORT, Committee on Appointments & Briefings, recommending to the City Council to take “NO FURTHER ACTION” on a WRITTEN MOTION, Councillor Gomes, requesting, that as Amazon is looking to establish a second headquarters in Massachusetts that the Administration, the City Council and the Economic Development Council reach out to Amazon officials and their corporate office in a joint letter signed by all parties stating that the City of New Bedford, Massachusetts is ready and willing to negotiate with company officials the possibility of locating in the City; and further that company officials be invited to the City of New Bedford for seafood luncheon or dinner and a tour of the City and what we have to offer in making a home for Amazon in New Bedford.  

 

18a.     WRITTEN MOTION, Councillor Gomes, requesting, that as Amazon is looking to establish a second headquarters in Massachusetts that the Administration, the City Council and the Economic Development Council reach out to Amazon officials and their corporate office in a joint letter signed by all parties stating that the City of New Bedford, Massachusetts is ready and willing to negotiate with company officials the possibility of locating in the City; and further that company officials be invited to the City of New Bedford for seafood luncheon or dinner and a tour of the City and what we have to offer in making a home for Amazon in New Bedford. (Referred to the Committee on Appointments and Briefings – September 14, 2017.)

19.     REPORT, Committee on City Property, recommending to the City Council to take “NO FURTHER ACTION” on a City of New Bedford’s Request for Proposals for the Purchase of Real Property. 

 

19a.    REQUEST FOR PROPOSAL - Referred to the Committee on City Property - February 08, 2018.

20.     REPORT, Committee on City Property, recommending to the City Council to take “NO FURTHER ACTION” on a PROPOSAL – John E. Williams, Manager, Clark’s Cove Development Co., LLC, submitting a proposal for parcels of land the ES Bolton Street and WS Orchard Street – Map 19, Lot 1 and Map 23, Lots 295, 158 and 294. 

 

20a.     COMMUNICATION/PROPOSAL John E. Williams, Manager, Clark's Cove Development Co., LLC, submitting a proposal for parcels of land the ES Bolton Street and WS Orchard Street - Map 19, Lot 1 and Map 23, Lots 295, 158 and 294. (Referred to the Committee on City Property - February 08, 2018.)

21.     REPORT, Committee on City Property, recommending to the City Council to take “NO FURTHER ACTION” on a COMMUNICATION/EMAIL, Council President Morad, submitting copy of a letter received from John E. Williams, from the law firm of Sullivan, Williams and Quintin, relative to Clarks’ Cove Development, owners of the Goodyear site, in response to the City of New Bedford’s Request for Proposal (RFP) for a proposed New Public Safety Building. 

 

21a.     COMMUNICATION/EMAIL, Council President Morad, submitting a copy of a letter received from John E. Williams, from the law firm of Sullivan, Williams and Quintin, relative to Clark's Cove Development, owners of the Goodyear site, in response to the City of New Bedford's Request for Proposal (RFP) for a proposed New Public Safety Building - (Referred to the Committee on City Property - March 08, 2018.)

22.     REPORT, Committee on Finance, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Lopes, requesting that the Committee on Finance meet with the Police Chief and a designee from the Mitchell Administration to discuss the establishment of a city-owned and operated storage yard for Police issued tows. 

 

22a.     WRITTEN MOTION, Councillor Lopes, requesting that the Committee on Finance meet with the Police Chief and a designee from the Mitchell Administration to discuss the establishment of a city-owned and operated storage yard for Police issued tows - (Referred to the Committee on Finance March 22, 2018.)

23.     WRITTEN MOTION, Councillors Abreu, Lima and Gomes, requesting that the Committee on Public Safety and Neighborhoods, Police Chief Cordeiro, and the Administration work collaboratively together to identify the potential installation of surveillance cameras at our public parks and parking lots where there may be no current surveillance, the appropriate installation of such surveillance cameras would be not only a deterrent for potential crime, but would also be used as another tool at the disposal of our law enforcement professionals when investigating cases which may have occurred at said areas. (To be Referred to the Committee on Public Safety and Neighborhoods.)

24.     WRITTEN MOTION, Councillor Lopes, requesting on behalf of the homeowners on Coral Street, that the Traffic Commission install signage along Coral Street stating "No Boat Trailer Parking" (To be Referred to the Traffic Commission.)

25.     WRITTEN MOTION, Councillor Gomes, requesting, that a letter be sent to David Neeleman, founder, JetBlue Airlines, now the proposer and founder of a new airline called Moxy Airways, inviting him or his representative to the City of New Bedford for the purpose of considering New Bedford as a point of destination and departure, as this new airline is looking to locate in secondary airports across the country providing point to point destinations; and further,  requesting, that the Airport Commission send a letter to Moxy Airways, outlining the possibilities and information on our airport and put together a sales pitch and a strategy as to why Moxy Airways should locate at the New Bedford Regional Airport.
WRITTEN MOTION, Councillors Abreu, Giesta, Gomes, Lopes, Lima and Dunn, requesting that the New Bedford City Council go on record once again in support of the Service Employees International Union (SEIU) Local 888 opposition to the Massachusetts Department of Transportation (MassDOT) privatization of staffing proposal of the New Bedford/Fairhaven Bridge, said bridge conducts on average 5,000 openings per year for roughly 90,000 vessels, and it is imperative that such operations continue to remain staffed by our locally-sourced and community-invested workforce. (To be Referred to MassDOT Secretary & CEO Stephanie Pollack, MassDOT District 5 Commissioner Mary-Joe Perry, Governor Charlie Baker, and our State and Federal Delegation.)  
27.     WRITTEN MOTION, Councillor Gomes, requesting, that the City, Airport Commission, and management immediately address the airport signage located at Hathaway Road, Shawmut Avenue, Mount Pleasant Street and Downey Street, said signage needs to be replaced due to the fact it is not visible because of tarnishing and does not light up in the evening, the signage is important in directing passengers and business to the airport; and further, requesting that the trees and bushes be trimmed at both locations due to the fact this sign does not only serve the airport, but many of the businesses located in the airport area.

28.     WRITTEN MOTION, Councillor Gomes, requesting, that the City Council send a letter to Senate President Harriette Chandler and House of Representative President Robert DeLeo, along with our area Legislative Delegation and Senator Montigny requesting that they support and take immediate action to address the online lottery bill (S182) and urge lawmakers to move into the 21st-century and give the Massachusetts lottery the resources and the online tools needed to continue to be the primary generating source of local aid to Cities and Towns in the Commonwealth of Massachusetts; and further, that a letter be sent to Representative Joseph Wagner, Chair of the Joint Committee of Economic Development and Emerging Technologies urging him to report the Committees findings and recommendations pertaining to this issue and bill.  (Copy of bill S182 enclosed.)

29.     COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Michael Souza, 214 Belair Street, New Bedford, MA 02745 d/b/a SOUZA TRANSPORTATION, New Bedford, MA 02745, hereby submitting a copy of the Application requesting a RENEWAL of a 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. (Current License expired June 8, 2018.)

COMMUNICATION,  City Clerk/Clerk of the City Council, to City Council, on behalf of KHALIL ARSANIOS, 1220 Pleasant Street, New Bedford, MA  02740, d/b/a INTERNATIONAL TRANSPORTATION LLC, 1220 Pleasant Street, New Bedford, MA 02740, hereby submits a copy of the Application requesting a RENEWAL OF A 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. (Current License expires 07/20/2018.)

31.     COMMUNICATION, City Solicitor to Members of the City Council, submitting a draft Purchase and Sales Agreement between the City of New Bedford and Peacefully at Home Wellness and Healthcare, Inc., for the purchase of land for the South End Public Safety Center.(To be Referred to the Committee on City Property.)

32.     COMMUNICATION, Council President Morad, submitting a copy of an “Other Comments and Recommendations Letter” from Hague, Sahady & Co., P.C. in connection with the City’s fiscal year 2017 Audit. (To be Referred to the Committee on Audit.)

33.     COMMUNICATION, Kirsten Bryan, Acting City Planner, to City Clerk Farias, notifying that on January 10, 2018, the Planning Board voted to designate Board Member Arthur Glassman as the Planning Board's representative to the Community Preservation Committee.
34.     COMMUNICATION, City Clerk/Clerk of the City Council, Dennis W. Farias, submitting letter from Erik B. Rousseau, SRTA, regarding bus service to New Bedford’s South End and peninsula.
TABLED BUSINESS

05/24/2018          WRITTEN MOTION, Councillors Gomes and Carney, requesting, once more that the Committee on Appointments and Briefings meet with management of Kings Village, this request comes once again on behalf of the residents; and further, that once again the Board of Health and the Department of Inspectional Services inspect the housing complex for rodent complaints, bedbugs, mold and mildew and the maintenance procedures that have not been done in the buildings following up on inspections that were done early this year; and further, once more that letters be sent to our State Legislative Delegation, HUD and State Health inspectors about the conditions at the senior citizen complex.

 

 

 

 

 

 

 

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.