CITY COUNCIL
THURSDAY, SEPTEMBER 12, 2024
7:00 PM

1.   RESOLUTION, Councillor Gomes, recognizing the City of New Bedford as a Purple Heart Community.

2.   HEARING, Verizon New England, Inc for location of underground Conduit line in ACUSHNET AVENUE, this work is necessary to bring service to a pedestrian bridge shelter/building in connection with the New Bedford Commuter Rail project. (Public Hearing continued to Thursday, September 12, 2024, at 7:00 pm, in City Council Chambers.)

2a.  AN ORDER,

3.   HEARING, Verizon New England, Inc. & NSTAR Electric Company d/b/a Eversource Energy for location of one mid-span Pole, in BELLEVILLE AVENUE, between Kenyon Street and Washburn Street, this work is necessary to fulfill a request by Eversource Energy to support the installation of a primary riser.

3a.  AN ORDER,

4.   HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 140’ of Conduit, one Manhole and one handhole in PLYMOUTH STREET, this work is necessary to provide electric service to 40 Plymouth Street.

4a.   AN ORDER,

5.   HEARING, ORDERED, that the following petroleum license hereby be REVOKED: 1615 Cove Road, originally granted to Getty Petroleum Corp., in 1971 – three underground 4,000 gallon gasoline tanks, one underground 3,000 gallon gasoline tank, one underground 1,000 gallon kerosene tank, one underground 10,000 gallon fuel oil tank and one underground 5,000 gallon fuel oil tank.  (NOTE: Tanks were removed in October 1991 and remaining in December 1998 in accordance with the requirements of the Office of the State Marshall.)

5a.  COMMUNICATION, Thomas Vinagre, on behalf of  Navigator Motors LLC, requesting that the petroleum storage at 1615 Cove Road be REVOKED, said facility has not stored, used or kept gasoline, kerosene or fuel oil at this location since the removal of the storage tanks by Matthew J. Thomas, on behalf of Getty Petroleum Corp. in 1991 and Liberio DeMelo in 1998; said facilities removed and transported the tanks  in accordance with the requirements of the Office of the State Marshall.

M1.    COMMUNICATION, Mayor Mitchell to City Council, submitting AN ORDINANCE, amending Chapter 19, Section 19-7 (c) PERSONNEL, inserting the title “Supervisor of Local Building Inspectors” at pay grade M-6.

M1a.   AN ORDINANCE,

M2.  COMMUNICATION, Mayor Mitchell to City Council, submitting ORDINANCES, amending Chapter 9, Comprehensive Zoning: Site Plan Review Administration and Procedures, Zoning Definitions and Table of Uses, Establishment of a Kings Highway Transit-Oriented Development (TOD) Overlay District.

M2a.  AN ORDINANCE, amending Chapter 9, Section 5400 and Section 5370 for Site Plan Review.

M2b.  AN ORDINANCE, amending Chapter 9, Section 1200 for Definitions, Section 2230 for Table of Use Regulations, and Section 2000, Use and Dimensional Regulations and Appendix A – Table of Principal Use Regulations.

M2c.  AN ORDINANCE, amending Chapter 9, Section 4000, establishing the Kings Highway Transit Oriented Development District (KH-TOD).

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a One-Year Lease Extension and Amendment between the New Bedford Regional Airport and Bridgewater State University, for the premises located at 1852 Shawmut Avenue.

M3a.     AN ORDER,

M3b.     FIRST AMENDMENT TO LEASE AND LEASE EXTENSION,

M4.    COMMUNICATION, Mayor Mitchell, to City Council, submitting a LOAN ORDER, in the amount of $1,362,200 for the paving of Runway 5 Perimeter Road at the New Bedford Regional Airport.

M4a.   LOAN ORDER,

M5.   COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of BRAD MARKEY, New Bedford, MA to the AIRPORT COMMISSION; Mr. Markey will be replacing Dr. Russell Olson, who resigned on January 30, 2024; this term will expire December 2025.

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

M6a.    AN APPLICATION,

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of ROMEO DEMETRIUS BRITTO, New Bedford, MA, as a CONSTABLE.

M7a.    AN APPLICATION,

M8.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of GILBERT MANUEL ARRUDA, New Bedford, MA, as a CONSTABLE.

M8a.    AN APPLICATION,

6.   WRITTEN MOTION, Councillor Gomes, requesting, that the City immediately install “No Trespassing Anytime, Police Take Notice” signage at the Wilks Library, 1911 Acushnet Avenue, at the back of the property, where the library grounds meet Brooklawn Park; and further, that this action be taken on any City-owned property that has been invaded by criminal activity, trespassing and drug use. (To be Referred to the Committee on Public Safety & Neighborhoods, the Department of Public Infrastructure, and the Administration.)

7.   WRITTEN MOTION, Councillor Choquette, requesting that the Committee on Appointments and Briefings meet with a Representative of the Department of Public Infrastructure-Water Division, a Representative of the Treasurer’s Office, and Ward One Resident Christine Levasseur of 902 May Street, to discuss the process of water bill payments through LockBox in Boston, MA, and the implementation of a possible alternative for City residents in the payment procedures.

8.   COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, submitting an Application for a NEW PRIVATE LIVERY LICENSE on behalf of DENISE AFFONSECA, 240 County Street, Apt. 1, New Bedford, MA d/b/a MISS DEE’S TRANSPORTATION, 240 County Street, Apt. 1, New Bedford, MA. (License to Expire June 30, 2025.)

9.   COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, submitting an Application for a NEW PRIVATE LIVERY LICENSE on behalf of ANA L. VALENTIN BURGOS, 627 Allen Street, New Bedford, MA, d/b/a GERANA’S TRANSPORTATION, INC., 211 Weld Street, New Bedford, MA. (License to Expire June 30, 2025.)

10.  COMMUNICATION, Department of Parks, Recreation and Beaches, submitting a Memorial Park Bench and Tree Dedication Program Application for a Memorial Park Bench to be located at Fort Taber, near the military museum, or Buttonwood Park (not in the zoo), in memory of NANCY and EDWIN MELLO.

11.  COMMUNICATION, Department of Parks, Recreation and Beaches, submitting a Memorial Park Bench and Tree Dedication Program Application for a Memorial Park Bench and Plaque, in memory of NYELL RICHARD NASCIMENTO, “NAZ”.

12.  COMMUNICATION, Department of Parks, Recreation and Beaches, submitting a Memorial Park Bench and Tree Dedication Program Application for a Memorial Park Bench and Plaque to be located at any City beach, biking  and/or walking path, in memory of FATIMA MONIZ CASTELO.

13.  COMMUNICATION, Department of Parks, Recreation and Beaches, submitting a Memorial Park Bench and Tree Dedication Program Application for a Memorial Park Bench to be located at Hazelwood Park the northeast green at Hazelwood Park (west facing bench), in memory of DONALD POITRAS.

14.  COMMUNICATION, Councillor Morad, submitting a copy of a letter issued by the Law Offices of David J. Hoey P.C. to the City of New Bedford, pursuant to M.G.L. Ch. 258 § 4, relating to claims regarding the Estate of the late Paul N. Coderre, Jr. and his widow, Jane Coderre. (To be Referred to the Committee on Finance.)

07/18/2024       AN ORDINANCE, amending Chapter 17, Section 17-19.1 of the Code of Ordinance, RELATIVE TO THE REPEAL OF THE SINGLE USE PLASTIC BAG BAN PROHIBITION. (Passed to a Second Reading – June 13, 2024.)

C1.  CITATION, Councillor Morad, honoring GEORGE ENGLAND, in recognition of the celebration of his 100^th Birthday on August 26, 2024 and with wishes that the Good Lord will give him continued Health and Happiness.

Adopted, to be presented at a later date.

C2.  WRITTEN MOTION, Councillor Burgo, requesting, that the following street(s) BE CLOSED: ACUSHNET AVENUE, from William Street to Union Street, ON TUESDAY, AUGUST 27, 2024, FROM 4:00 P.M. to 7:00 P.M., for the purpose of INTERNATIONAL OVERDOSE AWARENESS DAY.

GRANTED PROVISIONALLY BY THE 2024 CITY COUNCIL PRESIDENT NAOMI R.A. CARNEY ON FRIDAY, AUGUST 09, 2024, TO BE RATIFIED BY THE CITY COUNCIL ON THURSDAY, SEPTEMBER 12, 2024.

Received and Action of the City Council President Ratified.

C3.  WRITTEN MOTION, Councillor Morad, requesting, that the following street(s) BE CLOSED: SECOND STREET, AND JOHNNY CAKE HILL, from William Street to Union Street, ON SATURDAY, SEPTEMBER 07, 2024, FROM 11:00 A.M. TO 11:00 P.M., for the purpose of A FUNDRAISER FOR THE SEAMAN’S BETHEL AND THE MARINER’S HOME.

GRANTED PROVISIONALLY BY THE 2024 CITY COUNCIL PRESIDENT NAOMI R.A. CARNEY ON MONDAY, AUGUST 12, 2024, TO BE RATIFIED BY THE CITY COUNCIL ON THURSDAY, SEPTEMBER 12, 2024.

Received and Action of the City Council President Ratified.

C4.  WRITTEN MOTION, Councillor Baptiste, requesting, that the following street(s) BE CLOSED: UNION STREET, from Route 18 to North Water Street, ON THURSDAY, SEPTEMBER 12, 2024, FROM 12:00 (NOON) to 10:00 P.M., for the purpose of constructing a stage for AHA! NEW BEDFORD 25^TH ANNIVERSARY.

GRANTED PROVISIONALLY BY THE 2024 CITY COUNCIL PRESIDENT NAOMI R.A. CARNEY ON WEDNESDAY, AUGUST 28, 2024, TO BE RATIFIED BY THE CITY COUNCIL ON THURSDAY, SEPTEMBER 12, 2024.

Received and Action of the City Council President Ratified.

C5.  WRITTEN MOTION, Councillor Giesta, requesting, on behalf of Love the Ave, that the following street(s) be CLOSED: ACUSHNET AVENUE, from Bullard Street to Nye Street (In Front of St. Anthony’s Parish), ON SATURDAY, SEPTEMBER 14, 2024, AT 1:00 P.M. TO 9:00 P.M., for the purpose of A Block Party.

Permission Granted.

C6.  WRITTEN MOTION, Councillor Abreu, requesting, on behalf of the New Bedford High School Whaler’s Marching Band, that the following street(s) be CLOSED: PARKER STREET, from Hathaway Boulevard to Liberty Street, ON SUNDAY, OCTOBER 06, 2024, FROM 11:30 A.M. TO 4:30 P.M., for the purpose of the ANNUAL BAND COMPETITION.

Permission Granted.

C7.  WRITTEN MOTION, Councillor Baptiste, requesting, on behalf of Downtown New Bedford, Inc., that the following street(s) be CLOSED: WILLIAM STREET, from Pleasant Street to Acushnet Avenue; PURCHASE STREET, from Union Street to William Street; ACUSHNET AVENUE, from Union Street to William Street AND LOWER UNION STREET, from South Water Street to Route 18, ON SATURDAY, OCTOBER 19, 2024, FROM 9:00 A.M. TO 6:00 P.M., for FALL FEST. PLEASE NOTE: RAIN DATE OF SATURDAY, OCTOBER 26, 2024.

Permission Granted.

C8.  WRITTEN MOTION, Councillor Lopes, requesting, on behalf of the residents on John Street and Westbrook Street, that the Traffic Commission approve the installation of "No Parking Here to Corner Signs" on the corner of John Street and Westbrook Street. (To be Referred to the Traffic Commission.)

Referred to the Traffic Commission.

C9.  CONSTABLE BOND, BRIAN LYONS, New Bedford, MA 02740, in the amount of $5,000.00, with the United Casualty and Surety Insurance Company.

 Approved.

C10.  CONSTABLE BOND, TRENT MONTGOMERY RODERICK, New Bedford, MA  02740, in the amount of $5,000.00, with Western Surety Company. 

Approved.

C11.  COMMUNICATION, City Clerk/Clerk of the City Council, to the City Council, notifying that the Office of the City Clerk has received Meeting Minutes from the Board of Assessors for meetings held on June 27, July 11, July 18, August 01 and August 09, 2024; the Board of Health for meetings held on August 07 and August 21, 2024; the Library Board of Trustees for a meeting held on June 04, 2024; the Licensing Board for a meeting held on July 22, 2024 and the Park Board for a meeting held on June 26, 2024.

Received and Placed on File.

C12.   741 Purchase Street, 747 Purchase Street, 753 Purchase Street, 761 Purchase Street, 763 Purchase Street and 767 Purchase Street

C13.     181 Whitman Street

C14.     5 Morgan Terrace (Russell Street side)

C15.     230 Hathaway Boulevard

C16.     461 Union Street

C17.     East side of Purchase Street, between Willis Street and Pearl Street

C18.     1150 Purchase Street

C19.     126 Hawthorn Street

C20.     ES Phillips Road, 136  0309

C21.     108 Bonney Street

C22.     223 River Road

C23.     Nash Road, from Ashley Boulevard to Belleville Avenue

C24.     Belleville Avenue, from Nash Road to Belleville Road

C25.     1615 Cove Road

C26.     47 Garrison Road

C27.     1014 Churchill Street

C28.     278 Union Street

C29.     Hillman Street, between Purchase Street and MacArthur Drive

C30.     19 Pauline Street

C31.     72 Foxborough Street

C32.     4312 Acushnet Avenue

C33.     951 Chaffee Street

C34.     16 Angelica Avenue

C35.     22 Angelica Avenue

C36.     28 Angelica Avenue

C37.     513 North Front Street

C38.     19 Jean Street

C39.     Pine Street, in its entirety, including the intersection at MacArthur Drive

C40.     1150 Purchase Street

C41.     126 Hawthorn Street

C42.     ES Phillips Road, 136  0309

C43.     108 Bonney Street

C44.     223 River Road

C45.     Nash Road, from Ashley Boulevard to Belleville Avenue

C46.     Belleville Avenue, from Nash Road to Belleville Road

C47.     1615 Cove Road

C48.     47 Garrison Road

C49.     1014 Churchill Street

C50.     278 Union Street

C51.     Hillman Street, between Purchase Street and MacArthur Drive

C52.     19 Pauline Street         

C53.     2 Foxborough Street

C54.     4312 Acushnet Avenue

C55.     951 Chaffee Street

C56.     16 Angelica Avenue

C57.     22 Angelica Avenue

C58.     28 Angelica Avenue

C59.     513 North Front Street

C60.     19 Jean Street

C61.     Pine Street, in its entirety, including the intersection at MacArthur Drive

C62.     4297 Acushnet Avenue

C63.     88 Ruth Street

C64.     979 South Rodney French Boulevard

C65.     Potter Street, from Rockdale Avenue to 439 Potter Street (including intersections)

C66.     192 – 194 Sawyer Street, Bonneau Court, working on Sawyer Street side

C67.     Bay Street, working from Dartmouth Street to Cottage Street (including intersections)

C68.     Dartmouth Street, working from Bay Street to Borden Street (including intersections)

C69      Intersection of Cottage Street and Bay Street

C70.     6 Emma Street

C71.     26 Garrison Road

C72.     415 Chancery Street

C73.     374-376 Bedford Street

C74.     104 Austin Street

C75.     3762 – 3792 Acushnet Avenue, Beverly Street - Churchill Street (including intersections)

C76.     56 Campbell Street, State Street - County Street (working on sidewalk area)

C77.     449 North Street, Rockdale Avenue - Jenny Lind Street (street and street to building)

C78.     101 Potomska Street, Acushnet Avenue - South Second Street (working on sidewalk area)

C79.     535 Prescott Street, Holyoke Street - Lynn Street (working on sidewalk area)

C80.     Purchase Street, Spring Street - School Street (working on street approx. 30 ft. north of Spring Street)

C81.     Spring Street, Purchase Street – Pleasant Street (working on street approx. 65 ft. west of Purchase Street)

C82.     132 Norwell Street

C83.     23 Keene Street

C84.     418 Summer Street

C85.     137 Richmond Street

C86.     137 Richmond Street

C87.     132 Clark Street

C88.     83 Walden Street

C89.     194 Coffin Avenue

C90.     494 Brock Avenue

C91.     128 8th Street

C92.     159 Hunter Street

C93.     185-187 State Street

C94.     22 Fairmount Street

C95.     235 Belleville Road

C96.     17 Austin Court