OPENING SESSION
PRAYER
PLEDGE OF ALLEGIANCE
1. HEARING, ORDERED, that the following petroleum license hereby be REVOKED: 38 Bethel Street, originally granted to Jonathan Handy Co. Inc. on December 23, 1980 – Inflammable gases storage: Acetylene-15,000 cu. ft., Oxygen Gas-1,720 gals. above ground, Argon-2,000 gals., Nitrogen-2,000 gals., Hydrogen Gas-10,000 cu. ft., Motor Oil & Lubricants-15,000 gals., and Lubricants-3,000 lbs.
1a. COMMUNICATION, Albert J. Santos, on behalf of New Bedford Inc., requesting that the petroleum storage at 38 Bethel Street be REVOKED, said facility has not stored, used or kept flammable gases at this location since purchased from Jonathan Handy Co. Inc. in August 30, 2020; the New Bedford Fire Prevention Bureau performed an inspection of said property and found no current storage of Inflammable gases as listed on a permit issued to Jonathan Handy Inc. on December 23, 1980.
2. HEARING, ORDERED, that the following petroleum license hereby be REVOKED: 456 Mt. Pleasant Street, originally granted to People’s Realty Corp. on November 25, 1970 – three (3) underground 6,000 gallon tanks. (NOTE: Tanks were removed and transported in accordance with the requirements of the Office of the State Marshall.)
2a. COMMUNICATION, Nabil Roufail, on behalf of PSNB Realty, LLC., owner of the property at 456 Mt. Pleasant Street., requesting that the petroleum storage at 456 Mt. Pleasant Street be REVOKED, said facility has not stored, used or kept fuel, motor or transmission oil at this location since the removal of the storage tanks in July of 1992; said facility removed and transported the tanks in accordance with the requirements of the Office of the State Marshall.
3. HEARING, ORDERED, that the following petroleum license hereby be REVOKED: 460 South Front Street, originally granted to Santo Christo Club on November 23, 1937 – one (1) underground 3,000 gallon storage tank. (NOTE: upon exposure of the inground tank and its placement below the foundation of the southeast wing of the building, it was found that removal of the tank would undermine the existing foundation and collapse would be imminent; therefore it was determined that the tank be filled and closed in place in accordance with the requirements of the Office of the State Marshall.)
3a. COMMUNICATION, Regina Gomes-Lopes, on behalf of her late husband Cecil M. Lopes Sr., of the, now closed, United Social Club, requesting that the petroleum storage at 460 South Front Street be REVOKED, said facility no longer stores, uses or keeps fuel oil; however, upon exposure of the inground tank and its placement below the foundation of the southeast wing of the building, it was found that removal of the tank would undermine the existing foundation and collapse would be imminent; therefore it was determined that the tank be filled and closed in place in accordance with the requirements of the Office of the State Marshall.
4. HEARING, ORDERED, that the following petroleum license hereby be REVOKED: 1253 Cove Road, originally granted to Merit Oil of MA, Inc. on March 26, 1991 – three (3) underground 10,000 gallon tanks, one (1) underground 10,000 gallon tanks and one (1) 550 gallon tank. (NOTE: Tanks were removed in accordance with the requirements of the Office of the State Marshall.)
4a. COMMUNICATION, Glenn D’Antuono, Environmental Compliance Specialist of Northeast, 105 Fieldcrest Avenue, Edison, NJ, on behalf of 7-Eleven #2497, requesting that the petroleum storage at 1253 Cove Road be REVOKED, said facility was previously closed and all storage tanks were removed October 5, 2018; said facility removed the tanks in accordance with the requirements of the Office of the State Marshall.
5. HEARING, ORDERED, that the following petroleum license hereby be REVOKED: 1499 Acushnet Avenue, originally granted to Bohler Engineering, PC on December 20, 2001– one (1) underground 15,000 gallon tank and one (1) underground 10,000 gallon tank. (NOTE: Tanks were removed in accordance with the requirements of the Office of the State Marshall.)
5a. COMMUNICATION, Glenn D’ Antuono, Environmental Compliance Specialist Northeast, 105 Fieldcrest Avenue, Edison, NJ, on behalf of 7-Eleven #33287, requesting that the petroleum storage at 1499 Acushnet Avenue be REVOKED, said facility permanently closed in 2018 and simultaneously had the storage tanks removed; said facility removed the tanks in accordance with the requirements of the Office of the State Marshall.
6. HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 50’ of 2-4” PVC Conduits in HERVEY TICHON BOULEVARD, this work is necessary to provide electric service to 198 Herman Melville Boulevard.
6a. AN ORDER,
7. HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 14’ of 2-4” PVC Conduits in PURCHASE STREET, this work is necessary to provide electric service to the New Bedford Pedestrian Bridge over Route 18.
7a. AN ORDER,
8. HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 13’ of 2-4” PVC Conduits in POTOMSKA STREET at MACARTHUR DRIVE, this work is necessary to provide electric service to the Commerce Terminal.
8a. AN ORDER,
9. HEARING, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 45’ of 8-5” PVC Conduits in BOLTON STREET, this work is necessary to provide electric service to 302 Bolton Street.
9a. AN ORDER,
M1. COMMUNICATION, Mayor Mitchell, to City Council, submitting a VETO of the Ordinance, amending Chapter 2, Article III – Relative to Clerk of Committees. (Veto Received and Ordered Spread on the Record – September 14, 2023.)
M1a. AN ORDINANCE, (Passed to be Ordained – August 17, 2023.) (Veto Received and Ordered Spread on the Record – September 14, 2023.)
M2. COMMUNICATION, Mayor Mitchell, to City Council, submitting two Orders that would collectively authorize the transfer to the City of the Horatio A. Kempton Elementary School at 135 Shawmut Avenue and the former William H. Taylor Elementary School located at 620 Brock Avenue, under the control of the City Council’s City Property Committee, for purpose of transfer or disposition.
M2a. AN ORDER,
M2b. AN ORDER,
M3. COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT for Afonso E. Miguel, 151 Carroll Street, New Bedford, MA in the amount of $4,335.54.
M4. COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT for GDPires Realty Trust, 951 Rodney French Boulevard, New Bedford, MA in the amount of $717.27.
M5. COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT for Donna M. Foisy, 251 Irvington Street, New Bedford, MA in the amount of $102.81.
M6. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of IAN DALEY, Taunton, MA 02780, as a CONSTABLE.
M6a. AN APPLICATION,
M7. COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of RICKY NUNEZ, New Bedford, MA 02744, as a CONSTABLE.
M7a. AN APPLICATION,
10. REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the ORDINANCE, AS AMENDED, Relative to Chapter 16, Article V, Sewer Charges.
10a. AN ORDINANCE, (Referred to the Committee on Ordinances – April 28, 2022; To be Passed to a Second Reading, as amended.)
11. REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the ORDINANCE, amending Chapter 3, Article I, In General - Relative to the Governing Airport Commission Membership.
11a. AN ORDINANCE, (Referred to the Committee on Ordinances – May 25, 2023; To be Passed to a Second Reading.)
12. REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the HOME RULE PETITION authorizing the Administrative Assistant to the Board of Assessors of the City of New Bedford to be a non-resident.
12a. HOME RULE PETITION, (Referred to the Committee on Ordinances – July 20, 2023.)
13. REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the ORDINANCE, amending Chapter 19, Article II, relating to the residency of the Administrative Assistant to the Board of Assessors.
13a. AN ORDINANCE, (Referred to the Committee on Ordinances – July 20, 2023; To be Passed to a Second Reading.)
14. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPLICATION, Russell Leite, d/b/a Pinnacle Auto Sales LLC, for a SPECIAL PERMIT for Motor Vehicle Sales and/or Rentals, at 1421 Cove Road, New Bedford, MA 02740.
14a. AN APPLICATION,
15. REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the APPLICATION for a NEW PRIVATE LIVERY LICENSE, on behalf of CHRISTIAN A. CORNEJO CABRERA, 8 Calumet Street, New Bedford, MA 02744 d/b/a CABRERA TRANSPORTATION, 8 Calumet Street, New Bedford, MA 02744.
15a. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of CHRISTIAN A. CORNEJO CABRERA, 8 Calumet Street, New Bedford, MA 02744 d/b/a CABRERA TRANSPORTATION, 8 Calumet Street, New Bedford, MA 02744, 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, 2023 – June 30, 2024.) (Referred to the Committee on Appointments and Briefings – July 20, 2023.)
16. REPORT, Committee on Appointments & Briefings, recommending that the City Council refer to the Committee on Ordinances the RELATED MOTION, Councillor Gomes, requesting that the Chairperson of the Committee on Ordinances invite our local State Representatives, our State Senator, City Solicitor Eric Jaikes, Building Commissioner Danny Romanowicz, and a representative of Mayor Mitchell’s Office to the next or upcoming meeting to discuss ways that Section 3 of Chapter 40A of the General Laws, specifically the portion of said law that states – “Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination.” impacts the number of homes and buildings being converted into rooming houses/sober houses in the City of New Bedford; and further, discuss if such language in said statute or other existing statutes can be altered or amended to allow the City of New Bedford to have more control over the regulation of land and building use for such purposes.
16a. RELATED MOTION, Councillor Gomes, requesting that the Chairperson of the Committee on Ordinances invite our local State Representatives, our State Senator, City Solicitor Eric Jaikes, Building Commissioner Danny Romanowicz, and a representative of Mayor Mitchell’s Office to the next or upcoming meeting to discuss ways that Section 3 of Chapter 40A of the General Laws, specifically the portion of said law that states – “Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination.” impacts the number of homes and buildings being converted into rooming houses/sober houses in the City of New Bedford; and further, discuss if such language in said statute or other existing statutes can be altered or amended to allow the City of New Bedford to have more control over the regulation of land and building use for such purposes.
17. REPORT, Committee on Ordinances, recommending to the City Council take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Pereira, requesting that the Committee on Ordinances look to create, by Ordinance, a Beach Advisory Board to oversee different aspects of beach maintenance, programming and other beach related items.
17a. WRITTEN MOTION, Councillor Pereira, requesting that the Committee on Ordinances look to create, by Ordinance, a Beach Advisory Board to oversee different aspects of beach maintenance, programming and other beach related items (Referred to the Committee on Ordinances - February 23, 2023.)
18. COMMUNICATION/DEMOLITION, Anne Louro, Preservation Planner, to City Council, re: BUILDING DEMOLITION REVIEW: – 599 COTTAGE STREET, (MAP 71, LOT 370) a circa 1940, concrete block commercial accessory 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; the structure is in poor condition due to deferred maintenance” “in light of these findings, the Preservation Planner has determined that the commercial accessory structure at 599 Cottage Street is neither a Historically Significant nor a Preferably Preserved Building.”
19. COMMUNICATION, City Clerk/Clerk of the City Council, to City Council, on behalf of VALERY MORPEAU, 152 Allen Street, New Bedford, MA 02740 d/b/a J AND V, 152 Allen 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. (License will expire June 30, 2024.)
C1. WRITTEN MOTION, Councillor Baptiste, requesting, that the following streets be CLOSED: RUSSELL STREET, from Purchase Street to Acushnet Avenue AND MANNY COSTA WAY, from Acushnet Avenue to South Second Street, on SATURDAY, OCTOBER 28, 2023, FROM 8:00 A.M. TO 7:00 P.M., for the purpose of the GO GREEN CAMPAIGN “HARVEST FAMILY FUN DAY AND NEIGHBORHOOD CLEANUP”. PLEASE NOTE: RAIN DATE OF SUNDAY, OCTOBER 29, 2023.
Permission Granted.
C2. WRITTEN MOTION, Councillor Gomes, requesting, on behalf of the three waterfront businesses located on Hervey Tichon Avenue, that there be no parking allowed on the north and south side of the street, this request comes as a result of the business having problems getting deliveries from tractor trailers and tanker trucks. (To be Referred to the Traffic Commission.)
Referred to the Traffic Commission.
C3. COMMUNICATION, Council President Morad, submitting a copy of a letter sent to Senior Sunset Supper and Social Friends, regarding her greetings to the group and thoughtful wishes to continue Thursday evening socials soon.
Received and Placed on File.
C4. 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 Health for a meeting held on July 20, 2023.
Received and Placed on File.
STREET OBSTRUCTIONS
C5. 120 County Street
C6. 47 North Second Street
C7. Brownell Avenue at Harding Street
C8. 37 North Second Street
C9. 1277 Purchase Street
C10. 1500 Padanaram Avenue
STREET DISTURBANCES
C11. Brownell Avenue at Harding Street
C12. 37 North Second Street
C13. 1277 Purchase Street
C14. 1500 Padanaram Avenue
C15. 174 Staron Street
C16. 25 Warren Street
C17. Lot 37 – Victoria Street, Wildwood Road – Ashley Boulevard
C18. 1477 Sassaquin Avenue
C19. 38 Shore Street
C20. 118-120 County Street
C21. 145 Harvard Street
C22. 37 Kenney Street
C23. 528 Lantern Lane
C24. 152 Maryland Street
C25. 513 North Front Street
C26. 55 Rotch Street
C27. 52 Cottage Street
DUMPSTERS
C28. 32 Sidney Street
C29. 287 Rivet Street
C30. 268 Reed Street
C31. 69 Sagamore Street
C32. 53-55 Merrimac Street
C33. 76 Atlantic Street
C34. 102 Durfee Street
C35. 810-812 County Street
C36. 555 Belleville Avenue
C37. 749 Purchase Street
C38. 570 Maxfield Street
C39. 43 Shawnee Court
C40. 142 Fair Street
C41. 65 Forest Street
C42. 46 Frederick Street
C43. 935 Rockdale Avenue
C44. 322 Sawyer Street
C45. PETITION, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 165’ of Conduit and Cable and one (1) Manhole in SAWYER STREET, this work is necessary to provide electric service to 19 Jean Street.
RECEIVED AND HEARING ORDERED FOR THURSDAY, OCTOBER 12, 2023.
C46. PETITION, NSTAR Electric Company d/b/a Eversource Energy for location of approximately 65’ of 2-4” Conduit in BROWNELL AVENUE, this work is necessary to provide electric service to Buttonwood Zoo at 425 Hawthorn Street.
RECEIVED AND HEARING ORDERED FOR THURSDAY, OCTOBER 12, 2023.
C47. PETITION, Comcast for location of approximately 255’ of 3” PVC Conduit and one (1) Handhole in JOHNNY CAKE HILL, this work is starting at 15 Johnny Cake Hill and ending at 1 Johnny Cake Hill.
RECEIVED AND HEARING ORDERED FOR THURSDAY, OCTOBER 12, 2023.
C48. PETITION, Verizon New England, Inc. for location of approximately 460’ of underground conduit line on UNION STREET, this work is necessary to bring service to an antenna on a light pole at the corner of Union Street and Atlantic Street.
RECEIVED AND HEARING ORDERED FOR THURSDAY, OCTOBER 12, 2023.
C49. PETITION, Verizon New England, Inc. for location of approximately 40’ of underground conduit line on ROCKDALE AVENUE, this work is necessary to bring service to an antenna on a light pole at the corner of Rockdale Avenue, opposite Arnold Street.
RECEIVED AND HEARING ORDERED FOR THURSDAY, OCTOBER 12, 2023.