CITY COUNCIL CALENDAR
Thursday, August 19, 2021
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NOTE:
THIS MEETING IS HELD AT 7PM 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 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 for the TRANSFER of $2,500,000.00 from the STABILIZATION FUND, to FIRE, SALARIES & WAGES.

 

M1a.    AN ORDER,

M2.      COMMUNICATION, Mayor Mitchell, to the City Council, submitting AN ORDER pursuant to M.G.L. Chapter 44, Section 53A, the City Council hereby accepts a grant of $64,729.754 through the Coronavirus Local Fiscal Recovery Fund from the U.S. Department of Treasury pursuant to the American Rescue Plan Act.

 

M2a.    AN ORDER,

M3.      COMMUNICATION, Mayor Mitchell, to the City Council, submitting AN ORDER that the City Council and Mayor hereby approve a lease between the New Bedford Municipal Airport and Bridgewater State University for premises located at 1852 Shawmut Avenue, New Bedford, containing 10,480 square feet of usable office space and approximately 68,000 square feet of grounds and parking spaces adjacent to the office building; copy of said Lease is attached hereto and made a part hereof; lease shall expire three (3) years after its execution by the Commonwealth of Massachusetts.

 

M3a.    AN ORDER,

M4.      COMMUNICATION, Mayor Mitchell, to the City Council, submitting a request to hire the Department of Resilience and Environmental Stewardship's Environmental Project Manager, Courtney Cohen, at Grade M-12, Step 4 to compensate her commensurate with her expertise and decades of relevant experience.

M5.      COMMUNICATION, Mayor Mitchell, to the City Council, submitting the Confirmation of two new Police Officers: Robert Green and Jason Barbosa who were sworn in on July 27, 2021.

 

M6.      COMMUNICATION, Mayor Mitchell, to the City Council, submitting the REAPPOINTMENT of TRENT MONTGOMERY RODERICK, New Bedford, MA  02740 as a Constable.

 

M6a.    AN APPLICATION,

M7.      COMMUNICATION, Mayor Mitchell, to the City Council, submitting the APPOINTMENT of THIAGO HENRIQUE LOPES, New Bedford, MA 02746 as a Constable.

 

M7a.    AN APPLICATION,

NEW BUSINESS

1. REPORT, Committee on Appointments & Briefings, recommending to the City Council to amend Private Livery License from NEW to RENEWAL and APPROVAL of the Application on behalf of Anthony Snow, 33 Arthur Avenue, Apt 16, East Providence, RI 02915 d/b/a CAB TRANSPORTATION LLC, 12 Welby Road, New Bedford, MA 02745, hereby submitting a copy of the Application requesting a PRIVATE LIVERY LICENSE, to carry passengers for hire over the streets of New Bedford. (License will expire June 30, 2022.)

 

1a. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Anthony Snow, 33 Arthur Avenue, Apt. 16, East Providence, RI 02915 d/b/a CAB TRANSPORTATION LLC, 12 Welby Road, New Bedford, MA  02745, hereby submitting a copy of the Application requesting a RENEWAL of a PRIVATE LIVERY LICENSE, to carry passengers for hire over the streets of New Bedford. (License will expire June 30, 2022.)

2. REPORT, Committee on Appointments & Briefings, recommending to the City Council ADOPTION of the PETITION, Michael Goldstein, Boston, MA 02118, d/b/a EMPIRE LOAN OF NEW BEDFORD, 1304 Acushnet Avenue, New Bedford, MA 02746, requesting that he be granted a Waiver of Residency in accordance with Section 15-38 of the City Code, to obtain a LICENSE TO DEAL IN JUNK, OLD METALS OR ANY OTHER SECONDHAND ARTICLES & PAWNBROKER.

 

2a. PETITION, Michael Goldstein, Boston, MA 02118, d/b/a EMPIRE LOAN OF NEW BEDFORD, 1304 Acushnet Avenue, New Bedford, MA 02746, requesting that he be granted a Waiver of Residency in accordance with Section 15-38 of the City Code, to obtain a LICENSE TO DEAL IN JUNK, OLD METALS OR ANY OTHER SECONDHAND ARTICLES & PAWNBROKER. (Referred to the Committee on Appointments and Briefings – April 8, 2021.)

3. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of JENNIFER CARLONI, City Planner, New Bedford, MA, to the HISTORICAL COMMISSION; this term will expire February 2023.

 

3a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of JENNIFER CARLONI, City Planner, New Bedford, MA, to the HISTORICAL COMMISSION; this term will expire February 2023. (Referred to the Committee on Appointments and Briefings – June 24, 2021.)

4. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of KELLEY CABRAL-MOSHER, New Bedford, MA, to the GREATER NEW BEDFORD REGIONAL REFUSE MANAGEMENT DISTRICT, Ms. Cabral-Mosher will be replacing the late Kathleen P. Towers; this term will expire in June 2024.

 

4a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of KELLEY CABRAL-MOSHER New Bedford, MA, to the GREATER NEW BEDFORD REGIONAL REFUSE MANAGEMENT DISTRICT, Ms. Cabral-Moser will be replacing the late Kathleen P. Towers; this term will expire in June 2024. (Referred to the Committee on Appointments and Briefings – June 24, 2021.)

5. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of MICHAEL MELLO, New Bedford, MA, to the HUMAN RELATIONS COMMISSION, Mr. Mello will be replacing Carol F. Walsh, whose term has expired; this term will expire in February 2024.

 

5a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of MICHAEL MELLO, New Bedford, MA, to the HUMAN RELATIONS COMMISSION, Mr. Mello will be replacing Carol F. Walsh, whose term has expired; this term will expire in February 2024. (Referred to the Committee on Appointments and Briefings – June 24, 2021.)

6. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of CATHERINE KRAMER, New Bedford, MA, to the AIRPORT COMMISSION, Ms. Kramer will be taking the seat on the Commission previously held by the late Kenneth Machado; this term will expire in December 2023.

 

6a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of CATHERINE KRAMER, New Bedford, MA, to the AIRPORT COMMISSION, Ms. Kramer will be taking a seat on the Commission previously held by the late Kenneth Machado; this term will expire in December 2023. (Referred to the Committee on Appointments and Briefings – June 24, 2021.)

7. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of MATTHEW D. PROVENCHER, New Bedford, MA, to the AIRPORT COMMISSION, Mr. Provencher will be taking a seat on the Commission vacated by Jason Oliveira; this term will expire in December 2022.

 

7a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of MATTHEW D. PROVENCHER, New Bedford, MA, to the AIRPORT COMMISSION, Mr. Provencher will be taking a seat on the Commission vacated by Jason Oliveira; this term will expire in December 2022. ((Referred to the Committee on Appointments and Briefings – June 24, 2021.)

8. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of RAYMOND J. HOUTMAN, New Bedford, MA, to the NEW BEDFORD PORT AUTHORITY, Mr. Houtman will be replacing Richard Canastra who has resigned; this term will expire in December 2023.

 

8a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of RAYMOND J. HOUTMAN, New Bedford, MA, to the NEW BEDFORD PORT AUTHORITY, Mr. Houtman will be replacing Richard Canastra who has resigned; this term will expire in December 2023. (Referred to the Committee on Appointments and Briefings – June 24, 2021.)

9. REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of ANGELA JOHNSTON, New Bedford, MA, to the TRAFFIC COMMISSION, Ms. Johnston will be replacing the late Richard Simmons; this term will expire in December 2021.

 

9a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of ANGELA JOHNSTON, New Bedford, MA, to the TRAFFIC COMMISSION, Ms. Johnston will be replacing the late Richard Simmons; this term will expire in December 2021. (Referred to the Committee on Appointments and Briefings – June 24, 2021.)

10. REPORT, Committee on Finance, recommending to the City Council ADOPTION of the LOAN ORDER, appropriating $1,200,000.00 for the purpose of paying costs of a feasibility study for building a new elementary school to replace the John B. DeValles Elementary School located at 120 Katherine Street and James B. Congdon Elementary School located at 50 Hemlock Street. 

 

10a. LOAN ORDER, (Referred to the Committee on Finance – July 15, 2021; TO BE PASSED TO A SECOND READING.)

11. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the RELATED MOTION, Councillor Morad, requesting that Personnel Director Judith Perkins supply to the Committee on Finance a listing of all employees within the New Bedford Fire Department, including all fire personnel, AFSCME and Unit C employees, providing the employee’s name, the 2021 budgeted salary and the actual salary paid to each employee through the end of the fiscal year 2021; and further, that the listing be provided to the Committee on Finance prior to July 20, 2021.

 

11a. RELATED MOTION, Councillor Morad, requesting that Personnel Director Judith Perkins supply to the Committee on Finance a listing of all employees within the New Bedford Fire Department, including all fire personnel, AFSCME and Unit C employees, providing the employee’s name, the 2021 budgeted salary and the actual salary paid to each employee through the end of the fiscal year 2021; and further, that the listing be provided to the Committee on Finance prior to July 20, 2021. (Referred to the Committee on Finance – June 24, 2021.)

12. REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Lima, Council President Lopes, Councillors Abreu, Dunn and Markey, requesting that the Administration provide the City Council with reports detailing in aggregate all intra-departmental and interdepartmental appropriation transfers for the past three fiscal years and to provide such reports on a quarterly basis hereafter. 

 

12a. WRITTEN MOTION, Councillor Lima, Council President Lopes, Councillors Abreu, Dunn and Markey, requesting that the Administration provide the City Council with reports detailing in aggregate all intra-departmental and interdepartmental appropriation transfers for the past three fiscal years and to provide such reports on a quarterly basis hereafter. (Referred to the Committee on Finance – July 15, 2021.)

13. WRITTEN MOTION, Councillors Abreu, Giesta, Council President Lopes, Councillors Lima, Dunn, Baptiste, Gomes, Carney and Markey, requesting that the Administration begin the process of filing the appropriate Home Rule Petition documentation with the Commonwealth of Massachusetts to allow for “killed in the line of duty” benefits to the surviving spouse of former New Bedford Police Sergeant, Michael Cassidy, who passed away from complications associated with COVID-19 in April of 2021. (To be Referred to the Administration.)

 

13a. COMMUNICATION, Councillor Abreu, submitting a copy of “An Act providing killed in the Line of Duty Benefits to the surviving spouse of a Police Officer of the Town of Rutland, MA.”

14. WRITTEN MOTION Council President Lopes, requesting that the Committee on Ordinances review and amend Chapter 17, Section 17-15 - Noise of the City Code to include a section of hours of operation exclusively for auto body and commercial garages.  (To be Referred to the Committee of Ordinances.)

15. WRITTEN MOTION Council President Lopes, requesting that Interim CFO Gagne provide the members of the City Council with a breakdown of fiscal year losses in revenues which can be attributed to the COVID-19 Pandemic as well as determination if the lost revenues is recoverable under the American Rescue Plan Act. (To be Referred to the Committee on Finance.)

16. WRITTEN MOTION, Council President Lopes, requesting that the City Council authorize the Mayor to execute such documents, including but not limited to mortgages and covenants in a form substantially similar to those attached hereto, as may be necessary to secure the interests of the United States Department of Commerce, Economic Development Administration on City properties in connection with the disbursement of funds from a $16 million resilience grant to the City of New Bedford and the New Bedford Port Authority for repairs and replacement of piers and pier fendering and the creation of additional filled lands. (To be Referred to the Committee on City Property.)

 

16a. COMMUNICATION, Council President Lopes, submitting the United States Department of Commerce, Economic Development Administration's Mortgage Form. (To be Referred to the Committee on City Property.)

 

16b. COMMUNICATION, Council President Lopes, submitting the United States Department of Commerce, Economic Development Administration's Covenant of Purpose, Use and Ownership Form. (To be Referred to the Committee on City Property.)

 

16c. COMMUNICATION, Council President Lopes, submitting the United States of Commerce Economic Development Administration's Standard Terms and Conditions for Construction Projects. (To be Referred to the Committee on City Property.)

17. WRITTEN MOTION, Councillor Markey, requesting that the Committee on Appointments and Briefings meet with Members of the South Coast Neighbors United, a Representative of Parallel Products and Attorney Kirstie Pecci the Director of Conservation Law Foundation’s Zero Waste Products to discuss Phase 1 and 2 of Parallel Products project proposed for the City of New Bedford. (To be Referred to the Committee on Appointments and Briefings.)

18. COMMUNICATION/DEMOLITION, New Bedford Historical Commission, to City Council, re: BUILDING DEMOLITION REVIEW OF 1-3 PINE STREET, (MAP 42, LOT 160) a Circa 1916, 4-5 story masonry industrial building, known as the Cannon Street Power Station – advising that “the Cannon Street Power Station is a contributing building to the New Bedford Gas and Edison Light Complex National Register District, which derives its historical significance from its association with engineering, architecture and industry, particularly its significance as the chief power generating facility for the City of New Bedford and much of Southeastern Massachusetts during much of the 20th century; the Cannon Street Power Station has been vacant for nearly three decades, has experienced a high level of deferred maintenance and the reuse of the Power Station does not have economic viability as past redevelopment scenarios of the subject site have demonstrated; if the site is not redeveloped it will remain contaminated and underutilized and remain in this condition for the foreseeable future, the Power Station will eventually fall into further disrepair, ultimately requiring demolition, “in light of these findings, the New Bedford Historical Commission has determined that the  structure known as the Cannon Street Power Station at 1-3 Pine Street is Historically Significant but is not a Preferably Preserved structure.”

19. COMMUNICATION, City Clerk/Clerk of the City Council Farias, to City Council, submitting a request from Paul Vaz of Vaz Construction Inc, 93 Perry Street, New Bedford, MA to rezone SW Howard Avenue, Plot 116/Lot 29 from Mixed-Use Business to INDUSTRIAL A. (To be Referred to the Committee on Ordinances and the Planning Board.)

20. COMMUNICATION, Council President Lopes, submitting a communication from Residents of Clark Point regarding issues of illegal and offensive behavior around East, South and West Rodney French Boulevard, Fort Taber, Hazelwood Park, Beaches, South End Little League Fields, and the boat ramp located on East Rodney French Boulevard. (To be Referred to Mayor, Police Chief and Traffic Commission.)

21. COMMUNICATION, Councillor Gomes, submitting a communication from Judy Pacheco Young, New Bedford, MA 02745, regarding the severe damage done to her husband’s headstone at Rural Cemetery. (Copy all Councillors 07/19/2021; To be Referred to the Committee on City Property.)

22. COMMUNICATION, Councillor Morad, submitting copies of letters sent to Officers Jason Barbosa and Robert Green, congratulating them on become New Bedford Police Officers. (To be Received and Placed on File.)

23. COMMUNICATION, Councillor Morad, submitting a copy of her support letter to the Planning Board regarding a Special Permit for 157-161 Coggeshall Street. (To be Received and Placed on File.)

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.

07/15/2021 COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of DAVID KENNEDY, New Bedford, MA to the REDEVELOPMENT AUTHORITY; this term will expire July 2026.

07/15/2021 COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of PAUL CHASSE, New Bedford, MA to the REDEVELOPMENT AUTHORITY; this term will expire July 2026.

07/15/2021 COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of CELEINE SARAIVA, New Bedford, MA to the PROBLEM PROPERTIES APPEALS PANEL; this term will expire June 2024.

07/15/2021 LOAN ORDER, appropriating $71,800,000.00 to finance the costs of Capital Planning and construction of water distribution and treatment systems improvements including Quittacas Water Treatment Plant upgrades, a lead service abatement program and general system improvements. (Passed to a Second Reading - June 24, 2021.)