CITY COUNCIL CALENDAR
Thursday, June 10, 2021
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NOTE:
THIS MEETING IS BEING HELD REMOTELY IN ACCORDANCE WITH THE GOVERNOR OF MASSACHUSETTS' MARCH 12, 2020 ORDER SUSPENDING CERTAIN PROVISIONS OF THE OPEN MEETING LAW G.L.C. 30A, SECTION 20 AND THE CITY COUNCIL'S VOTE TO WAIVE RULE 21A ON APRIL 7, 2020 AND AMENDED ON AUGUST 20 AND SEPTEMBER 24, 2020 -- THIS MEETING WILL BE LIVE STREAMED ON NB CABLE ACCESS FACEBOOK PAGE
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OPENING OF SESSION BY
CITY COUNCIL PRESIDENT JOSEPH P. LOPES
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PLEDGE OF ALLEGIANCE
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MAYORS PAPERS

M1.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER to enter into an eight (8) year lease with All American Investment Group LLC for the purchase of a Pierce Aerial Ladder Truck.

 

M1a.     AN ORDER,

M2.     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 Public Infrastructure known as the NEW BEDFORD RAILYARD & RAIL CROSSING REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $237,571.00, is hereby authorized for FISCAL YEAR 2022.

 

M2a.     AN 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 Purchasing Department known as the PURCHASING REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $155,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M3a.     AN ORDER,

M4.     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 Public Infrastructure known as the NEW BEDFORD ENERGY NOW REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $45,638.00, is hereby authorized for FISCAL YEAR 2022. 

 

M4a.     AN ORDER,

M5.     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 Health Department, known as the HEALTH DEPARTMENT COMPLIANCE PROGRAMS REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $32,200, is hereby authorized for FISCAL YEAR 2022.

 

M5a.     AN ORDER,

M6.     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 Fire Department known as the COMMUNITY TRAINING REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $30,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M6a.     AN ORDER,

M7.     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 Planning Department known as the ZONING BOARD OF APPEALS REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $20,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M7a.     AN ORDER,

M8.     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 MIS Department known as the SOUTHEASTERN REGIONAL POLICE REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $17,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M8a.     AN ORDER,

M9.     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 Library Department known as the LIBRARY EQUIPMENT REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $15,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M9a.     AN ORDER, 

M10.     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 Clerk of Committees known as the COUNCIL SPECIAL PERMIT REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $5,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M10a.     AN ORDER,

M11.     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 $160,579, is hereby authorized for FISCAL YEAR 2022.

 

M11a.     AN ORDER,

M12.     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 School Department and the Department of Facilities and Fleet Management, known as the TANGIBLE SUPPLY DISPOSITION REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $73,000.00 – (School $13,000.00 and DFFM - $60,000.00), is hereby authorized for FISCAL YEAR 2022

 

M12a.     AN ORDER,

M13.     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 School Department known as the FOOD SERVICE CONCESSION REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $3,200.00, is hereby authorized for FISCAL YEAR 2022.

 

M13a.     AN ORDER,

M14.     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 Police Department known as the RIFLE RANGE REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $60,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M14a.     AN ORDER,

M15.     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 Police Department known as the PROBLEM PROPERTIES REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $2,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M15a.     AN ORDER,

M16.     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 Community Services Department, known as the ADULT SOCIAL DAY PROGRAM REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $130,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M16a.    .AN ORDER,

M17.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Community Services Department, known as the SENIOR TRANSPORTATION REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $7,000.00 is hereby authorized for FISCAL YEAR 2022.

 

M17a.     AN ORDER,

M18.     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 Community Services Department known as the SENIOR TRAVEL AGENCY REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $7,000.00, is hereby authorized for FISCAL YEAR 2022.

 

M18a.     AN ORDER,

M19.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Community Services Department, known as the SENIOR ACTIVITIES REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $800.00 is hereby authorized for FISCAL YEAR 2022.

 

M19a.     AN ORDER,

M20.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Department of Parks, Recreation and Beaches, known as the FORT TABER REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $80,000 is hereby authorized for FISCAL YEAR 2022.

 

M20a.     AN ORDER,

M21.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Department of Parks, Recreation and Beaches, known as the SUPPORTIVE RECREATION REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $52,500.00 is hereby authorized for FISCAL YEAR 2022.

 

M21a.     AN ORDER,

M22.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Department of Parks, Recreation and Beaches, 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 2022.

 

M22a.     AN ORDER,

M23.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Department of Parks, Recreation and Beaches, known as the DOG PARK REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $2,500.00 is hereby authorized for FISCAL YEAR 2022.

 

M23a.     AN ORDER,

M24.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Department of Inspectional Services, known as the VACANT BUILDING REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $722,497.00 is hereby authorized for FISCAL YEAR 2022.

 

M24a.     AN ORDER,

M25.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER that in accordance with MGL Chapter 44, Section 53E ½, the revolving fund under the control of the Department of Inspectional Services, known as the DEMOLITION OF BUILDINGS AND STRUCTURES REVOLVING FUND, whose revenues collected and amount limited to be spent estimated at $49,897.00 is hereby authorized for FISCAL YEAR 2022.

 

M25a.     AN ORDER,

M26.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of ANNA SURMA, New Bedford, MA 02740 to the HISTORICAL COMMISSION; this term will June 2024.

M27.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the following individuals for confirmation as NEW BEDFORD POLICE OFFICERS: Stephanie Connolly, Quinn Fallon, Cameron Gullo, Bryan Hurley, Michael MacDonald, Jonathan Miranda, Stelvio Neto  and Alexander Polson

CHARTER RULED ITEM

CR1.     COMMUNICATION, Mayor Mitchell to City Council, submitting AN ORDER detailing proposed updated wastewater base rates and commodity rates. (Charter Ruled - June 3, 2021.)

 

CR1a.     AN ORDER,(Charter Ruled - June 3, 2021.)

NEW BUSINESS

1.     AN ORDINANCE, amending Chapter 9, Section 4400 - Flood Hazard Overlay District (FHOD).  (Passed to a Second Reading - May 11, 2021.)

2.     WRITTEN MOTION, Councillor Gomes, requesting, that the Mayor ask the Board of Health to reverse their decision to limit the Whaling City Festival to a time of operation from 11:00 am to 6:00 pm, until at least 8:30 pm, the time restriction would make it very hard for most families and residents that come to the festival after the dinner hour which has always been the peak time of the festival, the time restrictions placed upon the festival is not with the coordinates of the Governor Baker’s listing of all Covid 19 restrictions, this time restriction is not feasible to the success of the festival. (To be Referred to the Mayor and Board of Health.)

3.     WRITTEN MOTION, Councillor Gomes, requesting, that the City use Community Development money, or another resource to replace the two existing flag poles at the Cape Verdean American Veterans Memorial Square, the two present poles are too tall and the pole with the American flag is bending, the replacement poles should be shorter like the standard American white poles being used across the City at different monuments; and further, requesting, that the Department of Public Infrastructure’s Electrical Department run underground lighting to spotlight these two flags, and further asking that Department of Public Infrastructure’s Forestry Department trim all the trees at the Square and once these poles are installed and the work has been done, that City have a rededication of the square with the raising of the American and Cape Verdean flags. (To be Referred to the Special Committee on Memorials and Dedications, the Mayor’s Office, and Department of Public Infrastructure.)

4.     WRITTEN MOTION, Councillor Dunn, requesting, that the Director of Personnel provide a list of all City and pubic school positions that are paid less than $15/hour, and all positions whose annual rate calculates to less than $15/hour; and further, that the Committee on Ordinances review said list and explore any legislative or other options that may be implemented by the City Council for assuring that City employees and public school employees are fairly compensated for their labor; and further, move that the attached Ordinances from  the Cities of Boston and Northampton be referred to the Committee on Ordinances to determine whether similar local legislation may be an option for New Bedford.

 

4a.     AN ORDINANCE,  Copy of City of Northampton Ordinance 17.244, To Establish a Minimum Wage for Municipal Employees.

 

4b.     AN ORDINANCE, Copy of an Ordinance from the City of Boston, entitled “ Boston Jobs and Living Wage Ordinance.”

5.     WRITTEN MOTION, Councillor Dunn, requesting, that the City Council go on record in support of the workers at Allegheny Technologies (ATI) in New Bedford by sending a letter to ATI Headquarters, stating that we support the workers at ATI, who deserve fair wages and have not had a wage increase since 2014; and further, we urge ATI to honor its commitments to offer its employees healthcare that is not overly burdensome in cost to the employee, we want to see a fair contract for the workers at ATI and an end to the over three month long strike; and further, we want to see ATI succeed and continue to create jobs in New Bedford, and believe that resolving this contract negotiation as soon as possible is the best way to move forward.
6.     WRITTEN MOTION, Councillors Carney and Giesta, requesting, that the Mayor designate 15 million dollars from the first installment of the American Rescue Plan Act money and 15 million dollars from next year’s allotment, totaling 30 million dollars to be given to the Department of Public Infrastructure, specifically to the Wastewater projects, so the City of New Bedford would not be in jeopardy of being fined by the EPA.  (To be Referred to the Mayor.)

7.     WRITTEN MOTION, Council President Lopes, Councillors Dunn, Abreu and Lima, requesting clarification from the Mitchell Administration regarding the expenditure policy that the City will be utilizing in regards to the allocation of funds associated with American Rescue Plan Act; assuming that the City will be following Chapter 44, Section 53A of Massachusetts General Law as it relates to the expenditure of funds.

8.     COMMUNICATION, Community Preservation Committee, submitting the CPA Annual Budget for Fiscal Year 2022.  (Copy all Councillors via email June 1, 2021.)
9.     COMMUNICATION, Councillor Abreu, submitting a copy of an email from the owner of In Touch Therapeutic Services regarding two (2) break-ins and multiple break-in attempts at said business on Union Street.
TABLED BUSINESS
04/22/2021     WRITTEN MOTION, Councillor Gomes, Council President Lopes, Councillors Markey and Carney requesting, that the City Council go on record in opposition and condemnation of the Boston Globe’s article along with the report done by Citizens For Juvenile Justice, titled, “We Are The Prey”; and further, that the New Bedford City Council also go on record in support of the men and women of the New Bedford Police Department as this report was not fairly done, and does not fit the image, the profile and the mission of our law-enforcement in the City, this report condemned our Police Department for racial profiling of minority groups of juveniles; and further, that the department continues to enforce law and order and justice for all Citizens of the City of New Bedford; and further, that Acting Police Chief Paul Oliveira reassure the people of the City that his leadership and New Bedford Police Department will mirror an image and commitment that all Citizens of the City of New Bedford will be treated fairly with no bias, only law and order and protection of all City residents.

05/27/2021     WRITTEN MOTION, Council President Lopes, in light of State of Emergency that the Commonwealth has been operating under since March of 2020 will, by the Governor’s declaration, expire on June 15, 2021, requesting that the City Council comply with the regular requirements of Open Meeting Law and its own Rule 21A, which states, “No Member shall be permitted to have his/her vote recorded on any matter unless when the matter is put to a vote the member is physically present at the meeting during the time of the vote.”