CITY COUNCIL CALENDAR
Thursday, December 13, 2018
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NOTE:
THE MEETING IS HELD AT 7 P.M. CITY COUNCIL CHAMBERS - ROOM 214, CITY HALL, 133 WILLIAM STREET, NEW BEDFORD, MA. FOR OFFICIAL POSTING, PLEASE SEE CITY'S WEBSITE
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OPENING OF SESSION BY
CITY COUNCIL PRESIDENT LINDA M. MORAD
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PRAYER LED BY:
REVEREND REBECCA BLAIR, ST. ANDREW'S EPISCOPAL CHURCH
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PLEDGE OF ALLEGIANCE
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HEARINGS

1.     HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of one (1) 4" Conduit and one (1) 45"x45"x36" Handhole in ACUSHNET AVENUE, North of Homestead Street.

 

1a.     AN ORDER,

 

2.     HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of two 4" Conduits in SOUTH SIXTH STREET, North of School Street.

 

2a.     AN ORDER,

 

MAYORS PAPERS

M1.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a VETO on November 21, 2018 at 8:50 a.m., to an Ordinance, amending Chapter 18, Section 18-1 of Code of Ordinances, Relative to the Board of Park Commissioners. (Veto To Be Received and Ordered Spread on the Records.)

 

M1a.     AN ORDINANCE, (Passed to be Ordained - November 8, 2018; VETOED by Mayor Mitchell - November 21, 2018.)

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting ORDERS transferring FREE CASH to STABILIZATION FUND in the amount of $1,150,000; OPEB TRUST FUND in the amount of $455,000; POLICE DEPARTMENT, CAPITAL OUTLAY in the amount of $500,000; FACILITIES AND FLEET MANAGEMENT, CAPITAL OUTLAY in the amount of $175,000; DEPARTMENT OF PUBLIC INFRASTRUCTURE, CAPITAL OUTLAY in the amount of $300,000; FACILITIES & FLEET MANAGEMENT, CHARGES & SERVICES in the amount of $235,000; FACILITIES & FLEET MANAGEMENT, CAPITAL OUTLAY in the amount of $125,000; MIS DEPARTMENT, CAPITAL OUTLAY in the amount of $150,000 and DEPARTMENT OF PUBLIC INFRASTRUCTURE, CAPITAL OUTLAY in the amount of $50,000.

 

M2a.    AN ORDER, transferring to STABILIZATION FUND in the amount of $1,150,000

 

M2b.    AN ORDER, transferring to OPEB TRUST FUND in the amount of $455,000

 

M2c.    AN ORDER, transferring to POLICE DEPARTMENT, CAPITAL OUTLAY in the amount of $500,000

 

M2d.    AN ORDER, transferring to FACILITIES AND FLEET MANAGEMENT, CAPITAL OUTLAY in the amount of $175,000

 

M2e.    AN ORDER, transferring to DEPARTMENT OF PUBLIC INFRASTRUCTURE, CAPITAL OUTLAY in the amount of $300,000

 

M2f.     AN ORDER, transferring to FACILITIES & FLEET MANAGEMENT, CHARGES & SERVICES in the amount of $235,000

 

M2g.    AN ORDER, transferring to FACILITIES & FLEET MANAGEMENT, CAPITAL OUTLAY in the amount of $125,000

 

M2h.    AN ORDER, transferring to MIS DEPARTMENT, CAPITAL OUTLAY in the amount of $150,000

 

M2i.     AN ORDER, transferring to DEPARTMENT OF PUBLIC INFRASTRUCTURE, CAPITAL OUTLAY in the amount of $50,000.

 

M3.      COMMUNICATION, Mayor Mitchell to City Council, submitting AN ORDER authorizing the City to enter into an eight (8) year lease with PNC Equipment Finance LLC for the purchase of a Pierce Arrow XT Pumper for the Fire Department.

 

M3a.    AN ORDER,

M4.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a LOAN ORDER, in the amount of $7,662,000.00 to pay the costs of upgrading and replacing the City’s public safety radio communications system, including but not limited to the fiber infrastructure and radio tower installations, detail study and conceptual design, licensing and infrastructure implementation.

 

M4a.    LOAN ORDER,

M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a LOAN ORDER, in the amount $6,800,000.00 to pay the costs of Buttonwood Park Pond and Dam Rehabilitation and Dredging Project.

 

M5a.    LOAN ORDER,

M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a LOAN ORDER, in the amount of $3,975,000.00 for the purpose of making critically-needed repairs to City-owned buildings including, but not limited to, projects for the repair and renovations of public safety facilities, recreational facilities, general office space, roads and infrastructure. (FY 2019-2023 Capital Improvement Program.)

 

M6a.    LOAN ORDER,

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER rescinding $98,645,351.00 in authorized and unissued debt for which the related projects are complete and no liability remains.

 

M7a.    AN ORDER,

 

M8.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with M.G.L. Chapter 44, Section 53E ½, the revolving fund under the control of the Parks and Recreations Department, known as the GOLF COURSE REVOLVING FUND whose revenues collected and amount limited to be spent estimated at $20,000 is hereby authorized for FISCAL YEAR 2019.

 

M8a.    AN ORDER,

M9.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with M.G.L. Chapter 44, Section 53E ½, the revolving fund under the control of the Parks and Recreations Department, known as the DOG PARK REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $20,000 is hereby authorized for FISCAL YEAR 2019.

 

M9a.    AN ORDER,

M10.    COMMUNICATION, Mayor Mitchell, to City Council, requesting a renewal of a ONE-YEAR WAIVER OF RESIDENCY for the Director Human Resources SANDRA VEZINA, who currently resides in Acushnet, MA, current waiver, expires December 2018.

M11.    COMMUNICATION, Mayor Mitchell, to City Council, requesting a renewal of a ONE-YEAR WAIVER OF RESIDENCY for JAMIE PONTE, Commissioner of the Department of Public Infrastructure, who currently resides in Rochester, MA.

M12.    COMMUNICATION, Mayor Mitchell, to City Council, requesting a renewal of a ONE-YEAR WAIVER OF RESIDENCY for JOHN E. FLOR, Associate City Solicitor with the Office of City Solicitor, who currently resides in South Easton, MA.

M13.    COMMUNICATION, Mayor Mitchell, to City Council, requesting a renewal of a ONE-YEAR WAIVER OF RESIDENCY for ELIZABETH TREADUP PIO, Associate City Solicitor with the Office of the City Solicitor, who currently resides in Acushnet, MA.

M14.    COMMUNICATION, Mayor Mitchell, to City Council, requesting a ONE-YEAR WAIVER OF RESIDENCY for BRUCE HEBBEL, who is in consideration for the position of Environmental Project Manager for the Department of Environmental Stewardship, who currently resides in Marion, MA.

M15.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the Memorial Park Bench and Tree Dedication Program application as prepared by the Department of Parks, Recreation and Beaches.

 

M15a.  PROGRAM GUIDELINES, City of New Bedford’s Memorial Park Bench and Tree Dedication Program and Application.

M16.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of JAMES D. OLIVIERA, New Bedford, MA to the NEW BEDFORD PORT AUTHORITY, replacing James Dwyer whose term will expire December 2018; this term will expire December 2021.

M17.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of THOMAS RINGUETTE, New Bedford, MA as a DEPUTY SHELLFISH WARDEN, for the Department of Public Infrastructure, this term will expire November 2021.

CHARTER RULED ITEM

CR1.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of POLICE CHIEF JOSEPH CORDEIRO, as HARBORMASTER for a term a five (5) years in accordance with the provisions of Chapter 109 of the Acts of 2014; and also requesting a residency waiver as required under Chapter 109. (CHARTER RULED by Councillor Gomes - November 20, 2018.)

NEW BUSINESS

3.     REPORT, Committee on Appointments and Briefings, recommending to the City Council approval of the APPOINTMENT of JONATHAN SOUSA MELO, New Bedford MA, 02745, as a CONSTABLE.

 

3a.     AN APPLICATION,

4.     REPORT, Committee on Appointments and Briefings, recommending to the City Council approval of the Special Permit for Ernesto Montalvo d/b/a E&I Auto, Inc. for Motor Vehicle Sales and Rental, General Repair and Light Service at 1466 Pleasant Street, New Bedford, MA with the condition that Zoning Board of Appeals grants the variance for two containers on the property.

 

4a.     SPECIAL PERMIT, Ernesto Montalvo d/b/a E&I Auto, Inc. for Motor Vehicle Sales and Rental, General Repair and Light Service at 1466 Pleasant Street, New Bedford, MA.

5.     REPORT, Committee on Public Safety and Neighborhoods recommending to the City Council to refer to the Committee on Ordinances Committee the WRITTEN MOTION, Councillor Giesta, requesting that the Committee on Public Safety and Neighborhoods invite Police Chief Joseph Cordeiro, Executive Secretary to the Traffic Commission, Scott Downing and the Commissioner of Inspectional Services, Danny Romanowicz to a meeting to discuss the enforcement and effectiveness of the current Ordinance relative to heavy truck parking in residential zones under Chapter 23, Section 23-23 of the City Code.

 

5a.     WRITTEN MOTION, Councillor Giesta, requesting that the Committee on Public Safety and Neighborhoods invite Police Chief Joseph Cordeiro, Executive Secretary to the Traffic Commission, Scott Downing and the Commissioner of Inspectional Services, Danny Romanowicz to a meeting to discuss the enforcement and effectiveness of the current Ordinance relative to heavy truck parking in residential zones under Chapter 23, Section 23-23 of the City Code. (Referred to the Committee on Public Safety and Neighborhoods – August 16, 2018; To be Referred to the Committee on Ordinances.)

6.     REPORT, Committee on Public Safety and Neighborhoods, recommending to the City Council to take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Public Safety and Neighborhoods meet with a Representative of the Mayor’s Office, Police Chief Cordeiro, Fire Chief Gomes and Inspectional Services Director Romanowicz for the purpose of discussing an evacuation plan for City Hall employees and every City-owned building; and further that this evacuation plan should be structured and practiced through a drill once a year.

 

6a.     WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Public Safety and Neighborhoods meet with a Representative of the Mayor’s Office, Police Chief Cordeiro, Fire Chief Gomes and Inspectional Services Director Romanowicz for the purpose of discussing an evacuation plan for City Hall employees and every City-owned building; and further that this evacuation plan should be structured and practiced through a drill once a year. (Referred to the Committee on Public Safety and Neighborhoods – September 14, 2017.)

7.     AN ORDINANCE, amending Chapter 9 of the Code of Ordinances, Relative to the Zoning of Adult Day Care Facilities, to allow for day care facilities to be located in Industrial zoned areas. (Passed to a Second Reading – November 08, 2018.)

8.     WRITTEN MOTION, Councillors Lopes, and Abreu requesting that the City establish a “Do Not Knock” Registry, similar to the City of Claremont, CA.

 

8a.     COMMUNICATION, Councillor Lopes, submitting a copy of the City of Claremont, CA “Do Not Knock” Registry Rules and Application.

9.     WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Internal Affairs investigate and get a clear answer as to what happened to the 160 yellow pine beams stored at  City-owned Quittacas Pond in Rochester worth hundreds of thousands of dollars to the City and the Ernestina Commission, which had been donated by the Dickinson Group, the developer of the former Fairhaven Mills, this donation was intended to assist in the restoration of the historical vessel, the Ernestina; and further, that the Committee meet with private investigator Ken Pittman along with someone from the Mayor’s Administration, former Department of Public Infrastructure Commissioners and former Mayor Scott Lang, for the purposes of putting a together a timetable on when this disappearance occurred and where these beams are now located, who received them and also exactly when they were removed from Quittacas Pond in Rochester; and further, that the Committee on Internal Affairs also ask for a schedule of employees who had access to the keys during the time the wood went “missing”, along with any other information the City can provide to the Committee in helping to narrow down who is responsible for this loss; and further, that the City Council request that the District Attorney’s office investigate and look into the disappearance of State declared surplus to the City of this valuable wood which has vanished from City property. (To be Referred to the Committee on Internal Affairs and Waive Rule 40.)

10.     WRITTEN MOTION, Councillor Gomes, requesting that the City Council go on record and send a letter to the FCC stating our opposition to any proposed policy changes to the funding source that provides local cable channels, such as Educational Channel 9, Government Access Channel 18, and Public Broadcasting Channel 95, the current policy in place provides local communities with the ability to broadcast local events, emergency and informational announcements and more, any decision by the FCC to eliminate the ability for communities to broadcast on these channels will be devastating to the community at large; and further, that once more, the City Council request that the Mayor establish a Cable Commission that will represent the City’s Cable Consumers and contract negotiation costs and services provided by the cable company; and furthermore that the City forward a letter of opposition to the Alliance For Community Media that supports the City’s position, further, that letters be sent requesting our State Delegation to join the City Council in opposition to the FCC’s changes to our local cable channel funding and broadcasting obligations to the City of New Bedford.

11.     WRITTEN MOTION, Councillor Gomes and Council President Morad, requesting, that a letter be sent to the Massachusetts Court System along with our State Legislative Delegation and Senator Mark C.W. Montigny, to take immediate action to address funding and repairs that are desperately needed to the exterior of New Bedford Superior Courthouse, this building is part of our landscape and has a historic history serving the community and court system; and further, requesting, that landscaping and new Superior Court sign be included in any restoration revitalization of the exterior of this beautiful historic building. (Recommendation Followed and to be Referred to the Committee on City Property and Waive Rule 40.)

12.     COMMUNICATION, Councillor Gomes, submitting the Police Department’s Organizational Assessment and Strategic Plan, done by the Public Safety Strategies Group dated November 18, 2018. (To be Referred to the Committee on Public Safety and Neighborhoods.)

13.     COMMUNICATION, Council President Morad, submitting a copy of a letter from Mayor Mitchell, to Samuel Rauch, III, Deputy Assistant Administrator for Regulatory Program, National Marine Fisheries Science, urging the Fisheries Sciences to consider that Carlos Rafael sell off his fishing boats and permits to New Bedford-based businesses. (To be Referred to the Committee on Fisheries.)

14.     COMMUNICATION, Councillor Giesta and Council President Morad, submitting a request to the Traffic Commission on behalf of Armand & Shirley Cabral, 10-12 Waldo Street, for handicap parking in front of said address. (Copy of Handicap Placard enclosed; To be Referred to the Traffic Commission.)

15.     COMMUNICATION, City Clerk/Clerk of the City Council Farias, submitting a copy of a letter sent to all Taxi and Livery Owners notifying them of the new Ordinance, Vehicles for Hire, and the dates of informational meetings to discuss the new regulations. (Received and Placed on File.)

16.       COMMUNICATION, Councillor Gomes submitting a copy of a letter to the City Council from Ericca Kennedy, Whisk & Jane LLC, regarding a Cannabis Zoning Appeal to establish a recreational cannabis facility at 161  Pope’s Island, New Bedford, MA. (Copy all Councillors via email December 11, 2018.)

17.     COMMUNICATION, Community Preservation Committee to City Council, requesting for reconsideration for the Acushnet Sawmill Expansion Project reduced funding. (Received and Placed on File – September 13, 2018.)

 

17a.     AN ORDER, that the Community Preservation Committee allocate an additional $167,500 into the Acushnet Sawmill Expansion & Community Garden Project, that was previously reduced by the City Council on August 16, 2018, which would bring the funding to the original requested amount of $370,000.00.