CITY COUNCIL
THURSDAY, MAY 23, 2024
7:00 PM

M1.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a copy of the Final Fiscal Year 2024 Office of Housing and Community Development Action Plan and the Resolution, authorizing the Mayor to apply for Federal Financial Assistance from the United States of America.

M1a.    FISCAL YEAR 2024 ACTION PLAN,

M1b.    RESOLUTION,

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for rates and charges for wastewater services for Fiscal Year 2025.

M2a.    AN ORDER,

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a request by the Board of Election Commissioners, to change the polling location of the Holy Name of Scared Heart of Jesus (Ward & Precinct 3D) to the Taber Mill Community Center, and from Taber Mill Community Center (Ward & Precinct 3C) to Hayden-McFadden School.

M4.      COMMUNICATION, Mayor Mitchell to City Council, submitting a LOAN ORDER, appropriating $34,800,000.00 for the purpose of financing the capital planning, construction and all associated costs for implementation of water distribution and treatment systems improvements.

M4a.    LOAN ORDER,

M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $295,000.00 from HEALTH INSURANCE, to POLICE, CHARGES & SERVICES.

M5a.    AN ORDER,

M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $75,000.00 from HEALTH INSURANCE, to EMS, CHARGES & SERVICES.

M6a.    AN ORDER,

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $45,000.00 from HEALTH INSURANCE, to ELECTIONS, CHARGES & SERVICES in the amount of $40,000.00 and ELECTIONS, SUPPLIES & MATERIALS in the amount of $5,000.00.

M7a.    AN ORDER,

M8.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $73,250.00 from HEALTH INSURANCE, to ZOO, CHARGES & SERVICES in the amount of $23,500.00 and ZOO, SUPPLIES & MATERIALS in the amount of $49,750.00.

M8a.    AN ORDER,

M9.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $33,500.00 from SNOW, to ASSESSORS, CHARGES & SERVICES.

M9a.    AN ORDER,

M10.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $20,400.00 from SNOW, to RESILIENCE AND ENVIRONMENTAL STEWARDSHIP, CHARGES & SERVICES.

M10a.  AN ORDER,

M11.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $7,925.00 from SNOW, to LABOR RELATIONS, CHARGES & SERVICES.

M11a.  AN ORDER,

M12.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $30,000.00 from AIRPORT, OTHER FINANCING USES, to AIRPORT, SALARIES & WAGES.

M12a.  AN ORDER,

M13.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $30,000.00 from DOWNTOWN PARKING, SALARIES & WAGES in the amount of $15,000.00 and SUPPLIES & MATERIALS in the amount of $15,000.00 to DOWNTOWN PARKING, CHARGES & SERVICES.

M13a.  AN ORDER,

M14.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $10,000.00 from EMS, CAPITAL OUTLAY, to EMS, SUPPLIES & MATERIALS.

M14a.  AN ORDER,

M15.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 $268,355.00 is hereby authorized for FISCAL YEAR 2025.

M15a.  AN ORDER,

M16.    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 Public Infrastructure, known as the NEW BEDFORD RAILYARD & RAIL CROSSING REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $232,196.00 is hereby authorized for FISCAL YEAR 2025.

M16a.  AN ORDER,

M17.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 $100,000.00 is hereby authorized for FISCAL YEAR 2025.

M17a.  AN ORDER,

M18.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 $61,809.00 is hereby authorized for FISCAL YEAR 2025.

M18a.  AN ORDER,

M19.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 2025.

M19a.  AN ORDER,

M20.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 $50,000.00 is hereby authorized for FISCAL YEAR 2025.

M20a.  AN ORDER,

M21.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 $20,000.00 is hereby authorized for FISCAL YEAR 2025.

M21a.  AN ORDER,

M22.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 2025.

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 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 $37,500.00 (School - $7,500.00 and DFFM - $30,000.00) is hereby authorized for FISCAL YEAR 2025.

M23a.  AN ORDER,

M24.    COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, that in accordance with Massachusetts General Law Chapter 44, Section 53E ½, 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 2025.

M24.    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 Resilience and Environmental Stewardship, known as the NEW BEDFORD ENERGY NOW REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $12,638.00 is hereby authorized for FISCAL YEAR 2025.

M25a.  AN ORDER,

M26.    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 School Department, known as the FOOD SERVICE CONCESSION REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $250.00 is hereby authorized for FISCAL YEAR 2025.

M26a.  AN ORDER,

M27.    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 $497,187.00 is hereby authorized for FISCAL YEAR 2025.

M27a.  AN ORDER,

M28.    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 $98,500.00 is hereby authorized for FISCAL YEAR 2025.

M28a.  AN ORDER,

M29.    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 $110,000.00 is hereby authorized for FISCAL YEAR 2025.

M29a.  AN ORDER,

M30.    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 $55,000.00 is hereby authorized for FISCAL YEAR 2025.

M30a.  AN ORDER,

M31.    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 $20,000.00 is hereby authorized for FISCAL YEAR 2025.

M31a.  AN ORDER,

M32.    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 $3,500.00 is hereby authorized for FISCAL YEAR 2025.

M32a.  AN ORDER,

M33.    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 EMS Department, known as the EMS DETAIL REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $22,000.00 is hereby authorized for FISCAL YEAR 2025.

M33a.  AN ORDER,

M34.    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 EMS Department, known as the EMS TRAINING ACADEMY REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $21,600.00 is hereby authorized for FISCAL YEAR 2025.

M34a.  AN ORDER,

M35.    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 ADULT SOCIAL DAY PROGRAM REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $300,000.00 is hereby authorized for FISCAL YEAR 2025.

M35a.  AN ORDER,

M36.    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 $8,300.00 is hereby authorized for FISCAL YEAR 2025.

M36a.  AN ORDER,

M37.    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 TRAVEL AGENCY REVOLVING FUND, whose revenues collected, and amount limited to be spent estimated at $900.00 is hereby authorized for FISCAL YEAR 2025.

M37a.  AN ORDER,

M38.    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 $700.00 is hereby authorized for FISCAL YEAR 2025.

M38a.  AN ORDER,

M39.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of WILLIAM KING, New Bedford, MA to the HISTORICAL COMMISSION; this term will expire in February 2027.

M40.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of JANINE DA SILVA, New Bedford, MA to the HISTORICAL COMMISSION; this term will expire in March 2027.

M41.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of JENNIFER SMITH, New Bedford, MA to the HISTORICAL COMMISSION as an ALTERNATE MEMBER; this term will expire in March 2027.

M42.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of ANNA SURMA, New Bedford, MA to the HISTORICAL COMMISSION; this term will expire in June 2027.

M43.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of KELLEY CABRAL-MOSHER, New Bedford, MA to the GREATER NEW BEDFORD REGIONAL REFUSE MANAGEMENT DISTRICT; this term will expire in June 2027.

M44.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of MICHELE S. TSALIAGOS, New Bedford, MA to the BOARD OF HEALTH, Ms. Tsaliagos will be replacing Dr. Kimberly A. Griffith, who has resigned; this term will expire in February 2027.

M45.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of KRISTINE CUNNINGHAM, New Bedford, MA to the LIBRARY TRUSTEES, Ms. Cunningham will be replacing Kimberly Ferreira, whose term expired in April 2024; this term will expire in April 2027.

1.  REPORT, Special Committee on Memorials and Dedications, recommending to the City Council APPROVAL of the Memorial Park Bench and Tree Dedication Program APPLICATION for a Memorial Park Bench and Plaque to be located at Hazelwood Park (at the center croquet court) in memory of Ruth Nicolaci. 

1a. 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 Hazelwood Park (at the center croquet court) in memory of Ruth Nicolaci. (Referred to the Special Committee on Memorials and Dedications – February 22, 2024.)

2.  REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPROVAL of the PETITION, on behalf of Edward Nicholas Abdow, Mattapoisett, MA 02739 d/b/a NEW BEDFORD HAULING, 1245 Shawmut 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.

2a. PETITION, Edward Nicholas Abdow, Mattapoisett, MA 02739 d/b/a NEW BEDFORD HAULING, 1245 Shawmut 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. (Referred to the Committee on Appointments and Briefings - April 25, 2024.)

3.  REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPOINTMENT, of JOHN TAXIARCHOS, as the City’s TREASURER/COLLECTOR; Mr. Taxiarchos has been serving the City as Interim Treasurer/Collector since November of 2023.

3a. COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of JOHN TAXIARCHOS, as the City’s TREASURER/COLLECTOR; Mr. Taxiarchos has been serving the City as Interim Treasurer/Collector since November of 2023. (Referred to the Committee on Appointments and Briefings - April 11, 2024.)

4.  REPORT, Committee on City Property, recommending that the City Council ADOPT the ORDER for the PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 741 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 47ft. 11in. x 4ft. 6in. Awning.

4a.  PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 741 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 47ft. 11in. x 4ft. 6in. Awning. (Referred to the Committee on City Property – April 25, 2024.)

4b. AN ORDER, (Referred to the Committee on City Property – April 25, 2024.)

5.  REPORT, Committee on City Property, recommending that the City Council ADOPT the ORDER for the PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 747 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 19ft. 3in. x 4ft. 6in. Awning.

5a. PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 747 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 19ft. 3in. x 4ft. 6in. Awning. (Referred to the Committee on City Property – April 25, 2024.)

5b. AN ORDER, (Referred to the Committee on City Property – April 25, 2024.)

6.  REPORT, Committee on City Property, recommending that the City Council ADOPT the ORDER for the PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 753 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 17ft. 6in. x  4ft. 6in. Awning.

6a. PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 753 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 17ft. 6in. x  4ft. 6in. Awning. (Referred to the Committee on City Property – April 25, 2024.)

6b. AN ORDER, (Referred to the Committee on City Property – April 25, 2024.)

7.  REPORT, Committee on City Property, recommending that the City Council ADOPT the ORDER for the PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 761 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 18ft. 6in. x 4ft. 6in. Awning.

7a. PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 761 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 18ft. 6in. x 4ft. 6in. Awning. (Referred to the Committee on City Property – April 25, 2024.)

7b. AN ORDER, (Referred to the Committee on City Property – April 25, 2024.)

8.  REPORT, Committee on City Property, recommending that the City Council ADOPT the ORDER for the PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 763 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 21ft. x 4ft. 6in. 

8a. PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 763 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 21ft. x 4ft. 6in. Awning. (Referred to the Committee on City Property – April 25, 2024.)

8b. AN ORDER, (Referred to the Committee on City Property – April 25, 2024.)

9.  REPORT, Committee on City Property, recommending that the City Council ADOPT the ORDER for the PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 767 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 25ft. 9in. x 4ft. 6in. Awning.

9a. PETITION/INDEMNITY AGREEMENT, HallKeen Management/Union Street Lofts at 767 Purchase Street, New Bedford, MA 02740, for permission to encroach onto City property with a 25ft. 9in. x 4ft. 6in. Awning. (Referred to the Committee on City Property – April 25, 2024.)

9b. AN ORDER, (Referred to the Committee on City Property – April 25, 2024.)

10.  REPORT, Committee on Appointments and Briefings, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Gomes and Oliver, requesting that the Committee on Appointments and Briefings meet with Public Infrastructure’s Water Department and residents of the Durfee Street, between Shawmut Avenue and Cedar Street, for the purpose of discussing several issues with the water in that area, including corrosion elements in the water, the need for pipe, water shut-offs and application connection replacements due to corrosion; and further, this issue has come up in different areas of the City and this Councillor would like to know what the City is doing to address and eliminate this ongoing problem.

10a. WRITTEN MOTION, Councillor Gomes and Oliver, requesting that the Committee on Appointments and Briefings meet with Public Infrastructure’s Water Department and residents of the Durfee Street, between Shawmut Avenue and Cedar Street, for the purpose of discussing several issues with the water in that area, including corrosion elements in the water, the need for pipe, water shut-offs and application connection replacements due to corrosion; and further, this issue has come up in different areas of the City and this Councillor would like to know what the City is doing to address and eliminate this ongoing problem. (Referred to the Committee on Appointments and Briefings - March 09, 2023.)

11.  REPORT, Committee of Finance, recommending that the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Morad, requesting, that Chief Financial Officer Robert Ekstrom and Acting Administrative Assistant to the Board of Assessors Judith Serdahl appear before the Committee on Finance to provide an overview of M.G.L. Chapter 59, Section 38D; to discuss the 3,100 recently issued letters to property owners that are not in compliance with the statute’s reporting requirements for the disclosure of income and expense information related to commercial, industrial, non-owner occupied and owner occupied income properties; and further, to discuss the details of the 2,400 penalties recently levied on said property owners within the City of New Bedford.

11a. WRITTEN MOTION, Councillor Morad, requesting, that Chief Financial Officer Robert Ekstrom and Acting Administrative Assistant to the Board of Assessors Judith Serdahl appear before the Committee on Finance to provide an overview of M.G.L. Chapter 59, Section 38D; to discuss the 3,100 recently issued letters to property owners that are not in compliance with the statute’s reporting requirements for the disclosure of income and expense information related to commercial, industrial, non-owner occupied and owner occupied income properties; and further, to discuss the details of the 2,400 penalties recently levied on said property owners within the City of New Bedford.

12.  WRITTEN MOTION, Council President Carney, requesting that the City Council WAIVE RULE 27, IN ORDER TO HOLD BUDGET INTERVIEW SESSIONS on TUESDAY, JUNE 4, 2024 AND THURSDAY, JUNE 6, 2024.

13.  WRITTEN MOTION, Councillor Lopes, requesting, on behalf of the residents on Maple Street, that the Department of Public Infrastructure review the number of streetlights on said street and consider the installation of additional streetlights and increasing wattage of the existing streetlights on said street. (To be Referred to the DPI Commissioner Jamie Ponte.)

14.  WRITTEN MOTION, Councillor Pereira, requesting, on behalf of property owner John Kyriakidis and petitioner Gerald Willis, that Plot 011 Lot 0053 (308 W. Rodney French Boulevard) be rezoned from RESIDENTIAL B to MIXED-USE BUSINESS. (To be Referred to the Committee on Ordinances and the Planning Board.)

15.  WRITTEN MOTION, Councillors Morad and Lopes, requesting that Chief Financial Officer Robert Ekstrom provide to the City Council Quasi Committee of the Whole a document mapping every line item listed in the FY2024 General Government Unclassified account to the corresponding budget account and line item in the FY2025 budget; said report shall be provided to the City Council Quasi Committee of the Whole 48 hours prior to CFO Ekstrom's overview of the FY2025 budget on Tuesday, May 28, 2024. (To be Referred to the Quasi Committee of the Whole and CFO Robert Ekstrom.)

16.  WRITTEN MOTION, Councillors Morad and Gomes, requesting that Chief Financial Officer Robert Ekstrom and Department of Facilities and Fleet Management Director Jennifer Vieira appear before the Committee on Public Safety & Neighborhoods to review operational provisions within the Capitol Waste Services contract that are alleged to have been disregarded by the contractor and pose significant safety concerns for the company's employees and the residents of the City of New Bedford.  (To be Referred to the Committee on Public Safety & Neighborhoods, CFO Robert Ekstrom and DFFM Director Jennifer Vieira.)

17.  WRITTEN MOTION, Councillors Lopes, Gomes, Pereira and Morad, requesting, that the Mitchell Administration, the Department of Parks, Recreation and Beaches, and the New Bedford Park Board waive in its entirety the proposed yearly rental fee to the Fort Taber/Fort Rodman Historical Association Inc., for The Fort Taber/Fort Rodman Military Museum, located at 1000C Rodney French Blvd., New Bedford, MA 02744, and amend the agreement between the City of New Bedford and the entity to strike the language that provides the City of New Bedford with the ability to sell or destroy any of the items housed at said entity. (To be Referred to the Mitchell Administration, the Department of Parks, Recreation and Beaches Director, Mary Rapoza, and the New Bedford Park Board.)

18.  WRITTEN MOTION, Councillor Burgo, requesting, that the Special Committee on Affordable Housing and Homeless Affairs review a local report requesting consideration and approval for authorized encampments as a short-term emergency tool, this tool is intended to be implemented with the goal of meeting local, state, and national initiatives/practices aimed at preventing and remedying homelessness.

19.  WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Ordinances review the mobile Food Truck Ordinance, Section 15-72, the locations where these trucks are allowed to operate, the use of their power generators and also the noise that affects the quality of life in the neighborhoods and areas that the food trucks are operating in. (To be Referred to the Committee on Ordinances.)

20.  WRITTEN MOTION, Councillor Gomes, requesting, that the New Bedford Health Department take action to enforce the City Code of Ordinances, Section 12–38, and that the Health Department send notices to and inspect fast food businesses with drive-thru service, giving said establishments 30 days to comply with said Ordinance; this City Ordinance requests that trash receptacles be placed before and after drive-up windows and that the receptacles be covered properly; and further, that the Health Department take action against businesses found to not be in compliance, and that the Committee on Ordinances enact a possible fine for those businesses. (To be Referred to the Health Department and the Committee on Ordinances.)

21.  WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Ordinances look at the City Ordinance and the State Law pertaining to campers being left on City streets; and further, that a City Ordinance be established that states these campers, whether attached to a vehicle or not, will not be permitted to stay on City streets for more than a 24-hour period without a special permit from the City and a letter of permission from the owner of the residential property. (To be Referred to the Committee on Ordinances.)

22.  WRITTEN MOTION, Councillors Gomes and Lopes, requesting that the Committee on Appointments and Briefings meet with Director of Tourism & Marketing Ashley Payne and Marketing Manager Amy DesRosiers for the purpose of discussing a light pole and banner sponsorship program in the City, primarily in business districts and along Route 18, which will not only serve to beautify the City, but will also generate revenue and promote local businesses. (To be Referred to the Committee on Appointments and Briefings.)

23.  WRITTEN MOTION, Councillor Gomes, requesting, that the Department of Public Infrastructure sweep and clean the streets prior to the Cape Verdean Recognition Day Parade on SATURDAY, JULY 06, 2024, the Parade route is as follows: ROCKDALE AVENUE AND UNION STREET, proceed down UNION STREET, right onto ACUSHNET AVENUE, right onto GRINNELL STREET, right onto PURCHASE STREET, ending at the reviewing stand located at the CAPE VERDEAN-AMERICAN VETERANS MEMORIAL HALL, 561 PURCHASE STREET.

24.  WRITTEN MOTION, Councillor Baptiste, requesting, on behalf of Colantonio, Inc., that the following street(s) be CLOSED: a portion of SPRING STREET, from Purchase Street to the entrance of the DeMello Building parking lot, FROM THURSDAY, JULY 11, 2024 AT 7:00 A.M. TO TUESDAY, DECEMBER 31, 2024 AT 5:00 P.M., for the purpose of the Zeiterion Theatre construction and renovations.

25.  WRITTEN MOTION, Councillor Baptiste, requesting, on behalf of Colantonio, Inc., that the following sidewalk(s) be OBSTRUCTED: a portion of PURCHASE STREET (starting at the Zeiterion property) and onto SPRING STREET (to the entrance of the DeMello Building parking lot), FROM THURSDAY, JULY 11, 2024 TO TUESDAY, DECEMBER 31, 2024, for the purpose of placing fencing around the Zeiterion Theatre construction site.

26.  COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Isabel V. Gomez Hernandez, 92 Ruth Street, Apt. 1, New Bedford, MA 02744 d/b/a YESSICA COREAS TRANSPORTATION, 92 Ruth Street, Apt. 1, New Bedford, MA 02744, 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. (Term of License - July 01, 2024 to June 30, 2025.)

27.  COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Carlos A. Tavares, 273 Loftus Street, New Bedford, MA 02746, Fernando Jorge Pereira Rodrigues, 258 Purchase Street, New Bedford, MA 02746 and Joseph Manuel Sanchez, 798 County Street, New Bedford, MA 02740 d/b/a JOY C. J. & F. LIVERY TRANSPORTATION, 273 LOFTUS STREET, New Bedford, MA 02746, hereby submitting a copy of the Applications requesting a NEW PRIVATE LIVERY LICENSE to carry passengers for hire over the streets of New Bedford. (Term of License – July 01, 2024 - June 30, 2025.)

28.  COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Brittany B. Botelho, 185 Hathaway Road, Acushnet, MA 02743 d/b/a PROJECT INDEPENDENCE SERVICES, INC., 250 Elm Street, New Bedford, MA 02740, hereby submitting a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE to carry passengers for hire over the streets of New Bedford. (Term of License – July 01, 2024 - June 30, 2025.)

29.  COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Chris Lamontagne, 236 Hemlock Street, Apt. #25, New Bedford, MA 02740 d/b/a CARDINAL LOGISTICS, INC., 236 Hemlock Street, Apt. #25, New Bedford, MA 02740, hereby submitting a copy of the Application requesting a NEW PRIVATE LIVERY LICENSE to carry passengers for hire over the streets of New Bedford. (Term of License - July 01, 2024 - June 30, 2025.)

30.  COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of Flor Pineda, 7 Upton Street, New Bedford, MA 02746, d/b/a FLOR TRANSPORTATION, 7 Upton Street, New Bedford, MA 02746, hereby submitting a copy of the Applications requesting a NEW PRIVATE LIVERY LICENSE, to carry passengers for hire over the streets of New Bedford. (Term of License – July 01, 2024 - June 30, 2025.)

31.  COMMUNICATION, Schneider, Davignon and Leone, Inc., Professional Civil Engineers and Land Surveyors, submitting to the City Council, copy of notification, Waterways License Application and project site plans for Harborview, LLC, to construct and maintain pile anchored concrete and timber floating dock systems, boat mooring piles, a timber pier and boat lift system and to create a marina reconfiguration zone in the waters of New Bedford Harbor at 226 Popes Island, New Bedford, in Bristol County.

32.  COMMUNICATION, Schneider, Davignon and Leone, Inc., Professional Civil Engineers and Land Surveyors, submitting to the City Council, copy of notification, Waterways License Application and project site plans for Green and Wood Pier, Inc., & W. Trading, Inc., to construct and maintain a gangway floating dock and float anchor piles within the waters of New Bedford Harbor a.k.a. Acushnet River at 25 & 26 Green and Wood Pier in New Bedford, Bristol County, Massachusetts.

33.  COMMUNICATION, City Clerk/Clerk of the City Council Farias, submitting a copy of a response from Matthew Lindberg, Assistant Attorney General, Division of Open Government, Office of the Attorney General, stating that the City Council did not violate the Open Meeting Law as alleged in the Open Meeting Law Complaint relating to a meeting held on November 30, 2023.

34.  COMMUNICATION, City Clerk/Clerk of the City Council Farias, submitting copies of letters sent to the Office of the Attorney General and Mr. Craig Ptaszenski responding to Mr. Ptaszenski’s open meeting law complaint related to the Finance Committee Meeting held on April 24, 2024. (To be Received and Placed on File.)

05/07/2024       COMMUNICATION, City Clerk/Clerk of the City Council Dennis W. Farias, submitting a copy of a letter from Matthew Lindberg, Assistant Attorney General, to Legal Counsel David Gerwatowski, responding to the Open Meeting Law Complaint from Craig Ptaszenski, regarding the City Council Holiday Gathering on December 28, 2023.

C1.   WRITTEN MOTION, Councillor Giesta, requesting, on behalf of the St. Michael Social Club, that the following street(s) be CLOSED: MADEIRA AVENUE, between Eugenia Street and Whitman Street, FROM 8:00 A.M. ON THURSDAY, JULY 18, 2024, TO 8:00 A.M. ON MONDAY, JULY 22, 2024, for the purpose of The Annual St. Michael Social Club Festival-Festa Do Chicharro.

Permission Granted.

C2.   WRITTEN MOTION, Councillor Pereira, requesting, on behalf of Our Lady of Mount Carmel Church,  that the following street(s) be CLOSED: KATHERINE STREET, between Crapo Street and Bonney Street, ON FRIDAY, JULY 26, 2024, FROM 10:00 A.M. THROUGH  SUNDAY, JULY 28, 2024, MIDNIGHT, for the purpose of the Annual Our Lady of Mount Carmel Church Feast; ALSO, that the following streets be CLOSED ON SUNDAY, JULY 28, 2024, FROM 8:00 A.M. THROUGH 10:00 P.M., for the Our Lady of Mount Carmel Church Feast PROCESSION, and so that the streets may be decorated for said Procession, as follows: RIVET STR EET, between Crapo Street and Bolton Street; BONNEY STREET, between Rivet Street and Thompson Street; THOMPSON STREET, between Bonney Street and Hemlock Street; HEMLOCK STREET, between Thompson Street and Swift Street; SWIFT STREET, between Hemlock Street and Bolton Street and BOLTON STREET, between Swift Street and Rivet Street for the purpose of Our Lady of Mount Carmel Church Feast Procession. 

Permission Granted.

C3.   WRITTEN MOTION, Councillor Baptiste, requesting, on behalf of the Department of Tourism and Marketing, that the following street(s) be CLOSED: UNION STREET, from Rt. 18 and North Water Street, FROM 2:00 P.M. TO 10:00 P.M. on the following FRIDAYS; JULY 05, JULY 19, AUGUST 09, AUGUST 23 and SEPTEMBER 06, 2024 AND PURCHASE STREET, from Union Street to William Street, FROM 4:00 P.M. TO 10:00 P.M. on the following FRIDAYS; JUNE 28, JULY 12, JULY 26, AUGUST 16 and AUGUST 30, 2024, for the purpose of A SUMMER SOUND SERIES.

Permission Granted.

C4.   WRITTEN MOTION, Councillor Lopes, requesting, on behalf of The New Bedford Firefighters Local 841 Union, that the following street(s) be CLOSED: LAKE STREET, from Rockdale Avenue to Hussey Street, ON SUNDAY, JUNE 09, 2024, FROM 7:00 A.M., TO 11:30 A.M., for the purpose of the IAFF FALLEN FIREFIGHTER SUNDAY MEMORIAL.

Permission Granted.

C5.   WRITTEN MOTION, Councillors Baptiste and Morad, requesting, on behalf of D.F. Pray, General Contractors, that the following street(s) be CLOSED: BARKER’S LANE, from Acushnet Avenue to North Second Street, FROM JUNE 01, 2024, TO NOVEMBER 30, 2024, for the purpose of utility work, construction and access/delivery, pertaining to work done at 117 Union Street.

Permission Granted.

C6.   WRITTEN MOTION, Councillor Giesta, requesting, that the following street(s) be CLOSED: WILLIAM STREET, from North Sixth Street to Pleasant Street, (in front of City Hall), ON THURSDAY, JUNE 06, 2024, FROM 5:30 P.M. TO 7:30 P.M., for the purpose of the Portuguese Flag Raising Ceremony.

Permission Granted.

C7.   WRITTEN MOTION, Councillor Baptiste, requesting, on behalf of Our Lady’s Chapel, that the following street(s) be CLOSED: PLEASANT STREET, from Market Street to Union Street AND MARKET STREET, from Pleasant Street to North Sixth Street, ON SUNDAY, JUNE 02, 2024, FROM 10:00 A.M. TO 5:30 P.M., for the purpose of A RELIGIOUS PROCESSION.

Permission Granted.

C8.   WRITTEN MOTION, Councillor Baptiste, requesting, that the following street(s) be CLOSED: WILLIAM STREET, from South Sixth to Eighth Street, (Steeple Playhouse) ON THURSDAY, JUNE 13, 2024, AT 12:00 (NOON) TO 10:00 P.M., for the purpose of AHA! PRIDE Block Party Annual Celebration of LGBTQ+ History and Culture. PLEASE NOTE: THIS IS A REVISED STREET CLOSING WITH A NEW TIME.

Permission Granted.

C9.   WRITTEN MOTION, Councillor Baptiste, requesting, that the following street(s) be CLOSED: PURCHASE STREET, from Spring Street to Union Street, (In Front of Star Store), ON FRIDAY, JULY 19, 2024, FROM 3:00 P.M. TO SATURDAY, JULY 21, 2024, AT 12:00 P.M. (NOON), the purpose of THE ROOTS AND BRANCHES FESTIVAL.

Permission Granted.

C10.   WRITTEN MOTION, Councillor Baptiste, requesting, on behalf of the Zeiterion Theatre, that the following street(s) be CLOSED: PURCHASE STREET, from School Street to Spring Street, (in front of the Zeiterion Theatre), FROM THURSDAY, JUNE 27, 2024 AT 7:00 A.M. TO SATURDAY, JUNE 29, 2024 AT 5:00 P.M., for the purpose of Zeiterion Theatre Groundbreaking.

Permission Granted.

C11.   WRITTEN MOTION, Councillor Giesta, requesting, on behalf of the Irmandade do Divino Espirito Santo Do Pico, that the following street(s) be CLOSED: ACUSHNET AVENUE, from Hadley Street to Wood Street, ON SUNDAY, JUNE 30, 2024, FROM 11:00 A.M. TO 2:00 P.M., for the purpose of The Organization’s Annual Procession from their Cultural Center to the Immaculate Conception Church on Earle Street (For Mass) and return to the Cultural Center for their Annual Feast.

Permission Granted.

C12.   WRITTEN MOTION, Councillor Baptiste, requesting, on behalf of Colantonio, Inc., that the following street(s) be CLOSED: a portion of SPRING STREET, from Purchase Street to the entrance of the DeMello Building parking lot, FROM MONDAY, JUNE 10, 2024 AT 7:00 A.M. TO WEDNESDAY, JULY 10, 2024 AT 5:00 P.M., for the purpose of the Zeiterion Theatre construction and renovations.

Permission Granted.

C13.   PETITION/INDEMNITY AGREEMENT, ELIZABETH RIZ, d/b/a Elizabeth’s for Permission to Erect and Maintain a Non-Illuminated Projecting Sign to overhang City property by 33 ½ x 47 ½ at 1459 Acushnet Avenue. Provisionally Granted, subject to approval of Building Commissioner and subject to Ratification by Mayor and City Council.

Received and Action of the City Clerk Ratified.

C14.   CONSTABLE BOND, RONALD ALLEN SPEAR, Mashpee, MA 02649, in the amount of $5,000.00 with the NGM Insurance Company.

Approved.

C15.   CONSTABLE BOND, GREGORY SHOREY KAMON, Plymouth, MA 02360, in the amount of $5,000.00 with the NGM Insurance Company.

Approved.

C16.   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 April 18 and April 25, 2024.

Received and Placed on File.

C17.     Portion of Purchase Street, starting at the Zeiterion property & onto Spring Street – entrance of the DeMelo building

C18.     33 William Street / North Second Street

C19.     74 Howard Avenue

C20.     42 Pontiac Street

C21.     2036 Acushnet Avenue

C22.     176 Elm Street

C23.     2147 Acushnet Avenue

C24.     189 Elm Street

C25.     52 Collette Street

C26.     296 Court Street

C27.     449 North Street

C28.     Intersection of Rivet Street and Hyacinth Street

C29.     1303 Phillips Road

C30.     893 Lucy Street

C31.     358 North Front Street

C32.     187 Chancery Street

C33.     Intersection of ES Acushnet Avenue and Braley Road

C34.     SS-130B-37 Victoria Street

C35.     25 Borden Street

C36.     ss Potter Street M81/L122

C37.     ss Potter Street M81/L123

C38.     1015 Montrose Street

C39.     47 Garrison Road

C40.     170 Riverside Avenue

C41.     117 Union Street, including Barker’s Lane, Acushnet Avenue and North Second Street

C42.     Commercial Street, including corners and Front Street

C43.     74 Howard Avenue

C44.     42 Pontiac Street

C45.     2036 Acushnet Avenue

C46.     176 Elm Street

C47.     2147 Acushnet Avenue

C48.     189 Elm Street

C49.     52 Collette Street

C50.     296 Court Street

C51.     449 North Street

C52.     Intersection of Rivet Street and Hyacinth Street

C53.     1303 Phillips Road

C54.     893 Lucy Street

C55.     358 North Front Street

C56.     187 Chancery Street

C57.     Intersection of ES Acushnet Avenue and Braley Road

C58.     SS-130B-37 Victoria Street

C59.     25 Borden Street

C60.     ss Potter Street M81/L122

C61.     ss Potter Street M81/L123

C62.     1015 Montrose Street

C63.     47 Garrison Road

C64.     170 Riverside Avenue

C65.     117 Union Street, including Barker’s Lane, Acushnet Avenue and North Second Street

C66.     Commercial Street, including corners and Front Street

C67.     15 Antonio Costa Boulevard

C68.     38 Belmont Street

C69.     1357 East Rodney French Boulevard

C70.     75 Eugenia Street

C71.     24 North Front Street

C72.     39-41 Parker Street

C73.     1148 Phillips Road

C74.     100 Rodney Street

C75.     17 Reynolds Street

C76.     Point Street, from Hudson Street to Bayview Street (including intersections)

C77.     135 Maryland Street

C78.     Walnut Street, Purchase Street to South Second Street

C79.     488-490 Ashley Boulevard

C80.     504 Prescott Street

C81.     137 Rochambeau Street

C82.   PETITION, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 27’ of Conduit and one Handhole in PLEASANT STREET, this work is necessary to provide electric service to 373 Pleasant Street.

RECEIVED AND HEARING ORDERED FOR THURSDAY, JUNE 13, 2024.

C83.   PETITION, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 9’ of Conduit, this work is necessary to a new free-standing modular school addition at the Elizabeth Carter Brooks School at 212 Nemasket Street.

RECEIVED AND HEARING ORDERED FOR THURSDAY, JUNE 13, 2024.