CITY COUNCIL
THURSDAY, SEPTEMBER 12, 2019
7:00 PM

CITY COUNCIL CHAMBER - ROOM 214
133 WILLIAM ST

OPENING OF SESSION BY
LINDA M. MORAD, CITY COUNCIL PRESIDENT

PRAYER LED BY:
REVEREND RAMIRO MONTEIRO, INTERNATIONAL CHURCH OF THE NAZARENE

PLEDGE OF ALLEGIANCE - MEMBER OF THE CITY COUNCIL

HEARINGS

1.     HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of one (1) 45"x45x36" Handhole in BROCK AVENUE, between Harmony & Ruth Streets.

 

1a.     AN ORDER,

2.     HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of eight (8) 5" Conduits in BOLTON STREET, South of Jenkins Street.

 

2a.     AN ORDER,

MAYOR'S PAPERS

M1.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a copy of a Host Community Agreement with Southcoast Apothecary, LLC; the company is currently seeking a license from the Marijuana Cannabis Control Commission to operate a recreational marijuana dispensary at 115 Coggeshall Street, under the agreement substantial benefits will be provided to the City and to the residents of New Bedford.

M1a.    HOST COMMUNITY AGREEMENT, Southcoast Apothecary LLC to operate a recreational marijuana dispensary at 115 Coggeshall Street, New Bedford, MA  02746.

Communication-Host_Agreement-Southcoast_Apothecary__LLC.pdf

M2.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a copy of a Host Community Agreement with Tree Beard, Inc.; the company is currently seeking a license from the Marijuana Cannabis Control Commission to operate a recreational marijuana dispensary at 1 Nauset Street, under the agreement substantial benefits will be provided to the City and to the residents of New Bedford.

M2a.    HOST COMMUNITY AGREEMENT, Tree Beard, Inc. to operate a recreational marijuana dispensary at 1 Nauset Street, New Bedford, MA  02746.

Communication-Host_Agreement-Tree_Beard__Inc..pdf

M3.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a copy of a Host Community Agreement with Metro Harvest, Inc.; the company is currently seeking a license from the Marijuana Cannabis Control Commission to operate a recreational marijuana dispensary at 606 Tarkiln Hill Road, under the agreement substantial benefits will be provided to the City and to the residents of New Bedford.

M3a.    HOST COMMUNITY AGREEMENT,  Metro Harvest, Inc., to operate a recreational marijuana dispensary at 606 Tarkiln Hill Road, New Bedford, MA  02745.

Communication-Host_Agreement-Metro_Harvest__Inc..pdf

M4.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, authorizing the Mayor to execute on behalf of the City a Lease with a two (2) year term with four (4) additional two (2) year options between the City of New Bedford acting through its Airport Commission and the Airport Grille LLC.

 

M4a.     AN ORDER,

Communication-Lease_Approval-Airport_Grill.pdf

M5.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the APPROPRIATION of $2,535,000.00, from ORDINARY REVENUE and MUNICIPAL RECEIPTS to the SCHOOL DEPARTMENT.

 

M5a.     AN ORDER,

Communication-Order-Transfer_from_Ordinary_Revenue_to_School_Dep..pdf

M6.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the APPROPRIATION of $170,000.00, from ORDINARY REVENUE and MUNICIPAL RECEIPTS to MIS SALARIES AND WAGES in the amount of $10,000.00 AND MIS CHARGES AND SERVICES in the amount of $160,000.00.

 

M6a.     AN ORDER,

Communication-Order-Transfer_from_Ordinary_Revenue_to_MIS_Salaries___MIS_Charges___Services.pdf

M7.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR Waiver of Residency for SCOT SERVIS, Airport Manager for the New Bedford Regional Airport, who currently resides in Lakeville, MA.

Communication-Residency_Waiver-Scot_Servis-Airport_Manager.pdf

M8.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR Waiver of Residency for SHAWN SYDE, as a City Engineer, Department of Public Infrastructure, who currently resides in Fall River, MA.

Communication-Residency_Waiver-Shawn_Syde-DPI.pdf

M9.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR Waiver of Residency for THOMAS J. MATHIEU, Associate City Solicitor, with the Office of the City Solicitor, who currently resides in Raynham, MA.

Communication-Residency_Waiver-Thomas_Mathieu-Solicitor_s.pdf

M10.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of DEBRA TRAHAN, New Bedford, MA 02745 to the ZONING BOARD OF APPEALS as an Alternate Member; this this term will expire December 2023.

Communication-Appointment-Debra_Trahan-ZBA.pdf

M11.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of WILLIAM ANDREWS, New Bedford, MA to the VETERAN’S ADVISORY BOARD; Mr. Andrews will be replacing Oliver E. Moreau, Sr., whose term has expired; this term will expire December 2019.

Communication-Appointment-William_Andrews-Veteran_s_Advisory_Board.pdf

NEW BUSINESS

3.         REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPOINTMENT of ELIZABETH C. MCNAMARA, New Bedford, MA to the VETERANS ADVISORY BOARD; Ms. McNamara will be replacing Nelson Ostiguy whose term has expired; this term will expire December 2020.

3a.        COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of ELIZABETH C. MCNAMARA, New Bedford, MA to the VETERANS ADVISORY BOARD; Ms. McNamara will be replacing Nelson Ostiguy whose term has expired; this term will expire December 2020. (Referred to the Committee on Appointments and Briefings – July 18, 2019.)

4.         REPORT, Committee on Appointments & Briefings, recommending to the City Council APPROVAL of the APPLICATION, Christopher Zammito, D/B/A RPCV Autobody, LLC, for a SPECIAL PERMIT for Motor Vehicles Sales and Rentals, Body Repair, General Repair and Light Service at 49 Potomska Street, New Bedford, MA 02740.

4a.        SPECIAL PERMIT, CHRISTOPHER ZAMMITO, d/b/a RPCV AUTOBODY, LLC, for a SPECIAL PERMIT for Motor Vehicles Sales and Rentals, Body Repair, General Repair and Light Service at 49 Potomska Street, New Bedford, MA 02740.

09.12.2019_AN_ORDINANCE_-_PERSONNEL.pdf

5.         REPORT, Committee on Appointments & Briefings, recommending to the City Council to take “NO FURTHER ACTION” on the Written Motion, Councillors Coelho and Giesta, requesting, that a representative from the New Bedford Public Schools meet with the Committee on Appointments and Briefings to discuss ideas on how to increase the amount of Crossing Guards at the public schools. 

5a.        WRITTEN MOTION, Councillors Coelho and Giesta, requesting, that a representative from the New Bedford Public Schools meet with the Committee on Appointments and Briefings to discuss ideas on how to increase the amount of Crossing Guards at the public schools. (Referred to the Committee on Appointments and Briefings – March 28, 2019.)

6.     AN ORDINANCE, amending Chapter 19, Section 19-7 (c) by inserting the title of Assistant Superintendent of Highways & Utilities M-12 and the title of Executive Finance and Operations Specialist M13. (Passed to a Second Reading - August 15, 2019.)

7.     WRITTEN MOTION, Councillor Lopes, requesting, that the Committee on Ordinances review the establishment and membership of the New Bedford Redevelopment Authority. (To be Referred to the Committee on Ordinances.)

8.     WRITTEN MOTION, Councillor Lopes, requesting, that that a representative from the Department of Public Infrastructure meet with the Committee on Appointments and Briefings to discuss the street closures associated with the Rt. 18 Phase II project. 

9.         WRITTEN MOTION, Councillor Lopes, requesting that the Committee on Ordinances, amend the Code of Ordinances, Chapter 9, Section 4130B, by deleting the words “Marijuana Establishment” from Section 4131B (ii) (a). (To be Referred to the Committee on Ordinances.)

10.       WRITTEN MOTION, Councillor Gomes, requesting that the Administration and the MIS Department release more information on the cyber-attack that happened on the City’s computer system, and if Residents and/or employees sensitive information was compromised and how will the City continue to address this issue now and in the future especially if personal information has been stolen; and further prior to the attack what computer safety measures should have been in place to prevent such a breach and if this attack was the first or have there been others. (To be Referred to the Committees on Internal Affairs and Public Safety and Neighborhoods.)

11.     COMMUNICATION/DEMOLITION, Anne Louro, Preservation Planner, to City Council, re: BUILDING DEMOLITION REVIEW of 697 ASHLEY BOULEVARD, (MAP 114/LOT 320), a Circa 1932 one-story concrete block, former gas/auto repair station, advising that “the structure is not located in a National Register Historic District; the structure is of no notable historic significance either recorded or found with the existing condition of the structure, in light of these findings, the Preservation Planner has determined that the residential structure at 697 Ashley Boulevard is neither a Historically Significant nor a Preferably Preserved Structure.”

DEMOLITION_-_697_Ashley_Boulevard.pdf

12.     COMMUNICATION/DEMOLITION, Anne Louro, Preservation Planner, to City Council, re: BUILDING DEMOLITION REVIEW of 494 WOOD STREET, (MAP 114/LOT 131), a Circa 1930 one-story concrete block, commercial garage type structure, advising that “the structure is not located in a National Register Historic District; the structure is of no notable historic significance either recorded or found with the existing condition of the structure, in light of these findings, the Preservation Planner has determined that the residential structure at 494 Wood Street is neither a Historically Significant nor a Preferably Preserved Structure.” 

DEMOLITION_-_494_WOOD_STREET.pdf

13.     COMMUNICATION, Council President Morad, submitting a copy of a Host Community Agreement, from Nicholas A. Gomes, Chief Legal Counsel, Tree Beard, Inc., for a proposed Recreational Marijuana Establishment at 1 Nauset Street, New Bedford, also enclosed is a zoning conformance letter from the Department of Inspectional Services and a letter from Tabitha Harkin, City Planner stating the  HCA Screening Committee’s favorable recommendation to negotiate a Host Agreement. (Copy all Councillors 08/27/2019.) (To be Referred to the Special Committee on Cannabis Regulation and Host Community Agreements Review.)

14.       COMMUNICATION, Foth-CLE Engineering Group submitting a copy of an Environmental Notification Form, dated August 30, 2019, on behalf of Cooke Island LLC for a proposal to license and maintain existing fill and building, pile anchored barges, a reconfiguration zone and a gangway supported by a concrete pad at 23 Pope’s Island, New Bedford, MA. (To be Received and Placed on File.)

09.12.2019_COMMUNICATION_-_FOTH_ENGINEERING_-_23_POPE_S_ISLAND.pdf

TABLED AGENDA

01/10/20 WRITTEN MOTION, Councillor Gomes, requesting that the City Council forward a letter of request to the Commonwealth of Massachusetts’ Cannabis Commission as to whether the City is following State Law regarding marijuana establishments in the City; and further, enclosed in the letter, please include a copy of the 11-page “Screening Form/Application for a Marijuana Establishment Host Community Agreement”, and a copy of the City’s zoning map that has been put forth by the Mayor’s Review Committee, comprised of the City Solicitor, the City Planner, the Chief of Police, the Chief Financial Officer, the Director of Inspectional Services, the Director of Planning, Housing and Community Development and the City’s Health Director; asking that the Cannabis Control Commission review the application and the zoning map and report back to the City Council as to whether this Application process and zoning map applies to the laws of the Commonwealth of Massachusetts’ Cannabis Control Commission; and further, that Steven Hoffman, Chairman of the Massachusetts Cannabis Control Commission or a representative, meet with the Special Committee on Licensing and Zoning for Cannabis to discuss whether the City has followed Massachusetts Laws and policies regarding marijuana establishments in the City of  New Bedford.

CONSENT

C1     

CITATION, Councillor Markey and Council President Morad, honoring PLUMBERS SUPPLY COMPANY in recognition of their Ribbon Cutting Celebration for the Company’s new Business Park location with sincere appreciation for their continued commitment to economic development in the City of New Bedford.

 

Adopted, to be presented at a later date.

CITATION - PLUMBERS SUPPLY COMPANY.pdf

C2     

WRITTEN MOTION, Council President Morad, requesting, that the following street(s) be CLOSED: MARKET STREET, from North Sixth Street to Pleasant Street, ON FRIDAY, AUGUST 23, 2019, AT 5:00 P.M. TO 9:00 P.M., for the purpose of Harry and the Potters.

 

GRANTED PROVISIONALLY BY THE 2019 CITY COUNCIL PRESIDENT LINDA M. MORAD, ON FRIDAY, AUGUST 23, 2019, TO BE RATIFIED BY THE CITY COUNCIL ON THURSDAY, SEPTEMBER 12, 2019.

 

Permission Granted.

C3     

WRITTEN MOTION, Councillor Rebeiro, requesting, that the following street(s) be CLOSED: ACUSHNET AVENUE, from William Street to Union Street; NORTH SECOND STREET, from William Street to Union Street; BARKER’S LANE, from Acushnet Avenue to North Second Street AND WILLIAM STREET, from Acushnet Avenue to North Second Street, ON THE FOLLOWING SATURDAYS: SEPTEMBER 21, 2019 and OCTOBER 12, 2019, FROM 7:00 A.M. TO 5:00 P.M., for the purpose of THE SOUTHCOAST OPEN AIR MARKET.

 

Permission Granted.

C4     

WRITTEN MOTION, Councillor Rebeiro, requesting, that the following street(s) be CLOSED: WILLIAM STREET, from North Sixth Street to County Street, ON SATURDAY, SEPTEMBER 28, 2019, FROM 9:00 A.M. TO 6:00 P.M., for the purpose of THE BOW TO STERN FESTIVAL. PLEASE NOTE: THIS STREET IS AN ADDITION TO THE ORIGINAL STREET CLOSING.

 

Permission Granted.

C5     

WRITTEN MOTION, Councillor Dunn, requesting, that the following street(s) be CLOSED: REYNOLDS STREET, from Packard Street to Coggeshall Street, ON SATURDAY, SEPTEMBER 21, 2019, FROM 1:00 P.M. TO 5:00 P.M., for the purpose of A NEIGHBORHOOD BLOCK PARTY.

 

Permission Granted.

C6     

WRITTEN MOTION, Councillor Gomes, requesting, “NO PARKING ANY TIME” Signs be placed on the southside of Braley Road, as part of the Pulaski School traffic safety plan at the following locations: 1) 1104 Braley Road, west side of property between mailboxes, 2)1112 Braley Road, west side of property 12 to 15 feet from driveway, 3)1116 Braley Road, west side of property, west of the mailbox location in front of said address, 4)1130 Braley Road, in front of said address between circular driveway, 5)1142 and 1152 Braley Road, sign to be located between driveways of said property, 6)1064 Braley Road, east side of property, 7) Braley Road, and Laurelwood Drive, west 15 feet from the corner of the road, 8) 1070 Braley Road, sign can be put on existing pole of crosswalk signage already there directly across from exit from school onto Braley Road, 9) 1076 Braley Road, sign to be located in the center of property, 10) 1084 Braley Road, signage to be located in the center of property, 11) 1092 Braley Road, west side of property in front of exit driveway from the Pulaski School, this signage should read ‘NO PARKING THIS SIDE ANY TIME” or “NO PARKING ANY TIME”, all located on the south side of Braley Road, also requesting that we replace two signs at the entrance and poles that are faded with signage ‘NO PARKING THIS SIDE OF STREET EAST AND WEST AT ENTRANCE”. 

 

Referred to the Traffic Commission.

C7     

WRITTEN MOTION, Councillor Lima, requesting, on behalf of Ms. Lucimar Silva & Ms. Nilza Silva, Tenants at 508 Rockdale Avenue, that the Traffic Commission install a HANDICAP PARKING sign in front of said address, due to the Silva’s not having driveway rights.  (Enclosed Handicap Placard & letter from Landlord.)

 

Referred to the Traffic Commission.

C8     

WRITTEN MOTION, Councillor Lopes, requesting, on behalf of Ernest Medeiros, 74 Capitol Street, that a Handicap Sign be installed in front of said address. (Enclosed please find a copy of the Handicap Placard and letter from owner of property agreeing to installation of Handicap Sign.) (To be Referred to the Traffic Commission.)

 

Referred to the Traffic Commission.

C9     

WRITTEN MOTION, Councillor Gomes, requesting, on behalf of the Rose family, 60 Dartmouth Street, that the Handicap Parking signage on the Grinnell Street side of said property be rescinded and removed, this Handicap Parking signage is no longer needed for their family member. (To be Referred to the Traffic Commission.)

 

Referred to the Traffic Commission.

C10     

COMMUNICATION, Council President Morad, submitting a copy of an Event Notification Form, relative to the issuance of a Permit for the Buzzards Bay Coalition Watershed RIDE.

 

Received and Placed on File.

BUZZARDS_BAY_WATERSHED_RIDE_EVENT_NOTIFICATION_FORM.pdf

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 July 26, August 7, 16, 23 and 28, 2019, Licensing Board for a meeting held on February 25, 2019, Greater New Bedford Regional Refuse Management District for meetings held on June 19 and August 12, 2019, and the Zoning Board of Appeals for meetings held on April 25, May 9, and June 20, 2019.

 

Received and Placed on File.

STREET OBSTRUCTIONS

C12     

7 South Sixth Street

C13     

250 Union Street

C14     

800 Purchase Street (Bristol Community College)

C15     

615 Tarkiln Hill Road

C16     

76 Dunbar Street

C17     

890 Brock Avenue

C18     

Anthony Terrace Plot 120 Lot 44

C19     

Acushnet Avenue, Cummington Street East side of Intersection of Armsby Street Plot 127E Lot 450

C20     

16 Valarie street

C21     

2421 Acushnet Avenue Plot 127E Lot 176

C22     

110 Central Avenue

C23     

2904 Acushnet Avenue

C24     

469 Sawyer Street

C25     

295 Phillips Avenue

C26     

323 County Street

C27     

32 Elaine Avenue

C28     

534 Barnard Street

C29     

711-723 Church Street

C30     

101 Bellevue Avenue

C31     

7 Fish Island

C32     

50 Plymouth Street

C33     

482 Liberty Street

C34     

Middle Street between Pleasant Street and North Sixth Street

C35     

North Street at Foster Street Intersection & Foster Street at Hillman Street Intersection

C36     

249 Palmer Street

C37     

890 Brock Avenue

C38     

494 Wood Street

C39     

697 Ashley Boulevard

STREET DISTURBANCES

C40     

Anthony Terrace Plot 120 Lot 44

C41     

Acushnet Avenue, Cummington Street East side of Intersection of Armsby Street Plot 127E Lot 450

C42     

16 Valarie Street

C43     

2421 Acushnet Avenue Plot 127E Lot 176

C44     

110 Central Avenue

C45     

2904 Acushnet Avenue

C46     

469 Sawyer Street

C47     

295 Phillips Avenue

C48     

323 County Street

C49     

32 Elaine Avenue

C50     

534 Barnard Street

C51     

711-723 Church Street

C52     

101 Bellevue Avenue

C53     

7 Fish Island

C54     

50 Plymouth Street

C55     

482 Liberty Street

C56     

Middle Street between Pleasant Street and North Sixth Street

C57     

North Street at Foster Street Intersection & Foster Street at Hillman Street Intersection

C58     

249 Palmer Street

C59     

890 Brock Avenue

C60     

494 Wood Street

C61     

697 Ashley Boulevard

C62     

115 - 127 Union Street

C63     

Acushnet Avenue Lot 113, Araujo Court

C64     

36 Belleville Road

C65     

124 Hope Street

C66     

2693 Acushnet Avenue

C67     

4060 Acushnet Avenue

C68     

69 Dewolf Street

C69     

369 - 371 Hillman Street

C70     

116 Colonial Drive

C71     

17 Jonathan Street

C72     

2980 Acushnet Avenue

C73     

28 Nelson Street

C74     

36 Maywood Street

C75     

36 Longview Road

C76     

189 Merrimac Street

C77     

65 Ricketson Street

C78     

94 Luke Street

C79     

994 Ridge Street

C80     

69 Locust Street

C81     

393 Maxfield Street

C82     

21 Jouvette Street

C83     

172 Aquidneck Street

C84     

1571 - 1575 Purchase Street

C85     

1322 Rockdale Avenue

C86     

87 Rounds Street

C87     

42 County Street

C88     

1215 Purchase Street

C89     

156 David Street

C90     

Priscilla Street to Gould Street to Brigham Street and Carroll Street to Burns Street to Brigham Street

C91     

Brownell Street, North of Arnold Street

DUMPSTERS

C92     

160 State Street

C93     

527 Barnard Street

C94     

141 Grinnel Street

C95     

189 Plymouth Street

C96     

715 Purchase Street

C97     

85 Park Street

C98     

328 Ashley Boulevard

C99     

368 Mill Street

C100     

369 Mill Street

C101     

119 Maxfield Street

C102     

119 Maxfield Street

C103     

325 Coffin Avenue

C104     

17 Sparrow Street

C105     

1080 Bowles Street

C106     

27 James Street

C107     

95 Bellevue Street

C108     

483 Brock Avenue

C109     

53 Calumet Street

C110     

16 Buttonwood Street

C111     

189 Plymouth Street

C112     

279 Earle Street

C113     

59 Tallman Street

C114     

28 Erin Court

C115     

113 Belleville Road

C116     

305-307 Pleasant Street

C117     

260 Hemlock Street

C118     

179 Arnold Street

C119     

17 Reynolds Street

C120     

94 Clark Street

C121     

89 Edison Street