OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

New Bedford City Council Meeting - September 11, 2025

Default ViewThursday, September 11, 2025
BodyNew Bedford, Massachusetts
SessionDefault View
DateThursday, September 11, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:28

Good.

1:30

We'll start in a moment, guess.

1:40

Yeah.

2:01

Good evening.

2:02

It is Thursday, September 11th, 2025 at 702 PM.

2:09

We do not have a member of the clergy, and so I'll ask that today we offer a moment of silence to honor the memory of the two thousand nine hundred seventy-seven lives lost on September eleventh, two thousand one, and the countless others who were forever changed by that day.

2:36

Thank you.

2:51

One nation, under God, indivisible with liberty and justice for all.

2:58

Thank you.

3:02

I want to note that this meeting is being live streamed and recorded.

3:13

I'll ask the clerk if there's anything to be read into the record.

3:16

There is not, Mr.

3:17

President.

3:19

Thank you.

3:20

I'm joined in the council chamber tonight by my colleagues in government.

3:24

Ward four counselor Derek Baptiste, Ward 3, Councillor Sean Oliver, Councillor at Large and First Vice President Naomi Carney, Councillor at Large, and Second Vice President Linda Morad, Ward Six, Councilor Ryan Pereira, Councillor at Large Brian Gomes, Ward Five, Councillor Joseph Lopes, Ward One, Councilor Leo Choquette, Ward Two, Councilor Maria Giesta, and Councillor at Large Ian Abreu.

3:48

I'll ask the clerk to begin with hearings.

4:12

Second.

4:18

Anyone on the question?

4:20

Seeing none, all those in favor say aye.

4:23

Aye.

4:23

Any opposed?

4:24

The eyes have it.

4:27

Good evening.

4:28

Good evening, Mr.

4:29

President, members of the City Council.

4:30

Jessica Elder representing EverSource.

4:32

Thank you for having me this evening.

5:00

I'm sure we'd get a detail out there if it's necessary.

5:03

Um I don't expect the work to take more than a day being it being such a small little area.

5:09

Um that's really about it.

5:12

It's pretty simple and straightforward.

5:14

Any questions from the floor?

5:18

And it was one handhole.

5:20

I forgot.

5:20

Sorry.

5:24

No questions for my colleagues.

5:28

Okay.

5:29

So this is a public hearing.

5:31

If is there anyone here that wishes to speak in favor of this project, in favor?

5:37

Any wishes to speak in opposition.

5:42

Okay, come to the mic.

5:43

I'll just need your name and address for the record.

5:50

Yeah.

5:52

Good evening, ladies and gentlemen.

5:53

My name is William Maniatis.

5:54

Uh address is 23 7th Street, the abutting property at 21.

6:00

Um, just some concerns and questions.

6:02

Um the poll that the power comes from for 21 comes directly in my folks' backyard, and there is a lot of tree issues in that property that have grown over the power lines.

6:12

So we have a lot of concerns about that.

6:14

Um we've had an arborist come out and look at it.

6:17

They are very skeptical to do the work because the power lines are going through that.

6:20

And I wondered like though if that's something that could be remediated when they do this project.

6:24

Because the tree lines are actually growing through the tree.

6:27

So I think that's as challenging as that is.

6:31

Um it's just a concern I wanted to point out to the folks and didn't know if that could be something that an Ever Source or NSTR could have that address when I do the work.

6:44

Um I will address that with the construction department.

6:47

That I can't answer here right now.

6:49

Um I can direct have someone call you directly if you want to leave me your information after.

6:54

All right.

6:55

You get it.

6:57

Thank you.

6:58

Anyone else here wish to speak in favor of this project?

7:01

Speak in favor.

7:03

Speak in opposition.

7:05

Speak in opposition.

7:08

Like to be recorded in favor, recorded in favor.

7:12

To be recorded in opposition, recorded in opposition.

7:16

Seeing none.

7:19

Motion to close the public hearing.

7:20

Motion to close the public hearing made by Council Pereira.

7:23

Second.

7:23

Second by Councilor Giesta.

7:25

Anyone on the question of closing the public hearing?

7:28

Seeing none, all those in favor say aye.

7:31

Aye.

7:31

Any opposed?

7:32

The ayes have it.

7:34

Motion to adopt the order as presented, made by Councillor Abrew, seconded by Councillor Baptiste.

7:39

Anyone on the question.

7:42

Seeing none, all those in favor say aye.

7:44

Aye.

7:44

Aye.

7:45

Any opposed?

7:46

The ayes have it.

7:47

I'll ask the clerk to read item two under hearings.

7:50

Mr.

7:50

President item two is a hearing from N Star Electric Company doing business as Ever Source Energy for the location of approximately 45 feet of conduit in Bedford Street.

7:59

This work is necessary to provide electric service to 561 Allen Street and 2A is the order.

8:05

Motion to receive and place on file and open the public hearing.

8:08

Motion receive and place on file and open the public hearing made by Council Pereira.

8:12

Second.

8:12

Second by Council Giesta.

8:14

Anyone on the question?

8:16

Seeing none, all those in favor say aye.

8:18

Aye.

8:18

Any opposed?

8:20

The ayes have it.

8:22

Uh this is work order 2031 8278 at 56 out 561 Allen Street at the Winslow Elementary School.

8:31

Um they apparently are upgrading their underground service.

8:34

So we're requesting to do uh to install 45 feet of conduit.

8:39

Um it's going from a joint home pole that is existing under the under the road and to the point of pickup, which is right in front of 50 561 Allen Street.

8:52

Detail will obviously be necessary as we are going across the street, and I expect the work to take one to two days maximum.

9:00

All right.

9:04

Any questions from my colleagues?

9:09

Chair can I'm counselor Morat on our first.

9:11

Thank you.

9:11

Uh Jessica, obviously, that's the school area.

9:14

Um it's as you probably have been there, very congested at drop-off time and pickup time.

9:21

Is there any way this work can be scheduled outside of those hours?

9:25

Uh I can check with the construction department to find out if they can do it after school hours.

9:29

Because um with the buses and with the cars, that place is crazy jammed.

9:36

You're gonna be on Bedford and on Allen, right?

9:39

The uh yes.

9:42

Really, it's it's really Bedford, it's really just Bedford coming across.

9:47

Um doesn't look like we're hitting Allen.

9:50

Let me look at the sketch again, just to be sure.

9:53

There give me a definitive answer here.

9:56

Um yeah, it looks like we're just going across Bedford.

10:04

Well, I don't know.

10:05

Um that might be a you know a suggestion to maybe try not to work in the school hours or maybe work with the police detail to close Bedford Street so that you know the cars won't be able to cross in that area because there's kids crossing, and I just that could be a disaster way.

10:26

Get their timing under control, you know.

10:28

All right, thank you for hearing me.

10:29

Thank you, Mr.

10:30

President.

10:31

Anyone else?

10:35

All right.

10:36

This is a public hearing.

10:38

Therefore, if is there anyone here that wish to speak in favor of this project?

10:42

Speak in favor.

10:44

Anyone wish to be recorded in favor, recorded in favor?

10:50

Anyone wish to speak in opposition?

10:53

Speak in opposition.

10:55

Anyone wish to be recorded in opposition?

10:58

Recorded in opposition.

11:02

Seeing none?

11:03

Motion to hear motion to close the public hearing made by councillor Gomes.

11:07

Second.

11:07

Seconded by Councilor Giesta.

11:09

Anyone on the question of closing the public hearing?

11:11

Seeing none, all those in favor say aye.

11:13

Aye.

11:14

Any opposed?

11:15

The ayes have it.

11:18

Motion to adopt made by Councilor Gomes.

11:20

Second.

11:21

Second by Councilor Giesta.

11:22

Anyone on the question of adoption?

11:24

Seeing none, all those in favor say aye.

11:26

Aye.

11:27

Any opposed?

11:29

The ayes have it.

11:30

I'll ask the clerk to read item three.

11:32

Mr.

11:33

President, item three is a hearing from NSTAR electric company doing business as a resource energy for the location of approximately 20 feet of conduit from an existing manhole to William Street.

11:43

This work is necessary to provide electric service to 11 William Street.

11:46

3A is the order.

11:49

Motion received a place on file, open the public hearing.

11:51

Second.

11:52

Motion receive and place on file and open the public hearing made by Councilor Morad, seconded by Councilor Baptiste.

11:58

Anyone on the question?

12:01

Seeing none, all those in favor say aye.

12:03

Aye.

12:03

Aye.

12:04

Any opposed?

12:05

The ayes have it.

12:08

So this is work order 1961 4046 for 11 Williams Street.

12:16

This is down near the North Northwater Street area.

12:21

Um the old Dartmouth Historical Society.

12:25

Um we are putting at approximately 20 feet of conduit.

12:28

We're going under the sidewalk, just under the sidewalk from an existing manhole uh up to the property.

12:34

Um we won't be hitting the street at all.

12:38

And um, you know, I know there'd be concerns with restoring the the uh work once the the work is done back to its original condition or better.

12:49

Um again a day or two for the time of uh the work to be done.

12:58

Any questions?

12:59

Oh Chair recognized Councilor Baptiste on his first.

13:02

Thank you, Council President.

13:03

Um how are you doing today?

13:05

How's everything going on?

13:05

I'm well, how are you?

13:06

I'm doing well.

13:07

Um that's that street is already closed up over there, right?

13:10

So you don't need no detail because they're doing the work on the doing the work over there in the area.

13:14

All right, just so they can make sure that they um just get everything back in order after they're done.

13:19

So I know they don't need a detail because it's already closed down.

13:22

Yeah, okay.

13:22

All right, I just wanted to make sure.

13:24

Okay, thank you very much.

13:25

I yield the floor.

13:26

Thank you.

13:27

Anyone else?

13:30

All right, no questions.

13:32

All right.

13:33

Anyone wish to speak in favor of this project?

13:36

Speak in favor.

13:39

Anyone wish to be recorded in favor?

13:41

Recorded in favor.

13:44

Anyone wish to speak in opposition?

13:47

Speak in opposition.

13:49

Anyone wish to be recorded in opposition?

13:52

Recorded in opposition.

13:55

Seeing none.

13:56

Motion to close the public hearing made by Councillor Abreu.

13:59

Second.

13:59

Second by Councilor Choquette.

14:01

Anyone on the question of closing the public hearing?

14:04

Seeing none, all those in favor say aye.

14:06

Aye.

14:07

Motion to adopt.

14:08

Any opposed?

14:09

The ayes have it.

14:10

Motion to adopt made by Councilor Baptiste, seconded by Councillor Abrew.

14:14

Anyone on the question of adoption?

14:16

Seeing none, all those in favor say aye.

14:18

Aye.

14:18

Any opposed?

14:19

The ayes have it.

14:21

Before we move to item four, I just wanted to acknowledge former ward for counselor Joseph Andrade is also here with us.

14:29

Thank you for being here.

14:31

I'll ask the clerk to read item four on the agenda.

14:34

Mr.

14:35

President, item four is a hearing from NSTAR Logic Company doing business as Everest Force Energy for the location of approximately 33 feet of conduit and a handhole at 71 Borden Street.

14:45

This work is necessary to provide service to 71 Borden Street and 4A is the order.

14:52

Motion to receive and place on file and open the public hearing made by Councilor Pereira.

14:57

Second by Councillor Gomes.

15:00

Anyone on the question?

15:01

Seeing none, all those in favor say aye.

15:03

Aye.

15:04

Any opposed?

15:04

The ayes have it.

15:13

We're requesting to install approximately 20 feet of conduit.

15:18

We're going from in in a handhole, going from uh an existing manhole.

15:23

Um under the town road, under the city road on Borden Street.

15:28

And this is for uh the residents.

15:34

Sorry.

15:34

How about that?

15:36

Uh residential area.

15:37

Um it's down near the Bedford and Ash Street area.

15:41

Um we're going from overhead to underground for the customer at 71 Borden Street.

15:47

Uh seeing we're going under the road, we definitely require a detail.

15:51

Um or two days for the work.

15:54

Um that's about it.

15:59

Any questions from the floor?

16:04

Seeing none.

16:05

Anyone wish to speak in favor?

16:07

To speak in favor of this project?

16:09

Anyone should be recorded in favor?

16:11

Recorded in favor.

16:14

Anyone wish to speak in opposition?

16:16

Speak in opposition.

16:18

Be recorded in opposition.

16:20

Recorded in opposition.

16:23

Seeing none.

16:24

Motion to close the public hearing.

16:26

Motion to close the public hearing made by Councillor Giesta.

16:28

Second.

16:29

Second by Councilor Baptiste.

16:30

Anyone on the question of closing the public hearing?

16:33

Seeing none, all those in favor say aye.

16:35

Aye.

16:35

Any opposed?

16:36

The ayes have it.

16:38

Motion to adopt the order is presented.

16:40

Motion to adopt the order as presented, made by Council Morad.

16:43

Second.

16:43

Seconded by Councillor Giesta.

16:45

Anyone on the question of adoption?

16:48

Seeing none, all those in favor say aye.

16:50

Aye.

16:50

Any opposed?

16:51

The ayes have it.

16:53

I'll ask the clerk to read item five.

16:55

Mr.

16:55

President, item five is a hearing from Verizon of New England Incorporated for the location of approximately 355 feet of underground conduit line in County Street between North Street and Hillman Street.

17:07

This work is necessary to provide electric service to an antenna on a light pole at the northwest corner of County Street and Hillman Street.

17:14

And 5A is the order.

17:20

So move made by Councilor Baptiste.

17:22

Second.

17:23

Second by Councilor Giesta.

17:24

Anyone on the question?

17:26

Seeing none.

17:27

All those in favor say aye.

17:28

Aye.

17:29

Any opposed?

17:30

The ayes have it.

17:32

Thank you, Mr.

17:33

President and uh City Council members here.

17:35

Uh my name is John Moore.

17:36

I'm representing Verizon on this particular job.

17:40

Uh this is um being relegated due to a Mass DOT rehabilitation project.

17:45

So with that being concerned, uh, while they have this street or the rehabbing the street and and so forth, uh Verizon is uh asking or hoping that we can uh open the street and provide more conduits going down the street for more uh fiber optics and and telecommunications uh to serve the city of New Bedford.

18:04

Um so that is the reason why it's necessitating for Verizon to um hopefully improve, which of course some of the one of the conduits is uh obviously going to be used for um City of New Bedford, of course.

18:17

Um so that's why we're here for this particular job.

18:24

Any other uh any questions?

18:25

Oh, Chair recognized Council Baptist on his first.

18:28

Thank you, Mr.

18:28

President.

18:29

Um, how are you doing today?

18:30

How's everything going on?

18:31

I'm doing well yourself.

18:32

Good.

18:32

How long is this project gonna take?

18:34

So, because of the length of the project where we're gonna be placing uh new conduit in the ground, uh it's gonna be a few hundred feet.

18:41

Um I would expect that this could probably be more than a few days to do so, uh, coinciding with the mass DOT rehab project.

18:50

So um uh having extensive experience doing this before, um, it's not gonna be a one or two-day thing.

18:58

Um, but I can get back to the Verizon construction team if they can give me a definitive answer on how long they think they will be doing uh the excavating and getting the conduit in the ground and things of that between manhole to manhole, you know, up and down uh county road.

19:13

County street, excuse me.

19:14

All right, and because that's a busy street up over there too, especially with with school coming in and you know the middle of the day.

19:20

Um you're gonna have a detail, I assume.

19:23

Oh, absolutely, yes.

19:24

Uh I just want to make sure you have a detail in the case.

19:26

Yep.

19:26

Every day that we're uh that Verizon would be there.

19:29

Um they're always gonna call ahead for details.

19:31

All right.

19:32

And and after and after it's done, it's gonna be paved smoothly.

19:35

I believe the massive rehab project, I think they're gonna be the ones that are gonna actually be um repa milling and repaving all of County Street because uh it's their project that's uh driving this for the Verizon side of it.

19:49

Um so I would assume Mass DOT, but if they're not doing the pavement, uh Verizon always um will get that back into uh very uh you know, very good looking.

20:02

Uh if not um the City of New Bedford, of course, always has the right to have them come back out and to fix any issues if Verizon is in charge of repaving where that where that um is gonna be um you know where the conduit is going to be underground, yes.

20:20

All right, just because you know when when there's a lot of work getting done in the city, there's it's kind of shabby sometimes when they repave the roads.

20:28

Oh, you should and then that causes more problems for drivers that causes more problems for the neighborhood and we don't want to have our current problems and so we don't need any bumps and dips uh on pavement that was replaced.

20:39

Thank you so much.

20:41

Thank you so much.

20:41

I yield, thank you.

20:43

Chair recognize Councillor Morat and her first.

20:45

Thank you.

20:46

Uh thank you for being here.

20:47

I understand the Mass DOT affiliation with the next two petitions, the one at Cedar Grove and the one at Codzall Street.

20:56

But this is a mass DOT project between North and Hillman?

21:00

Uh this is the let me just check real quick.

21:04

Oh, because I do have one.

21:08

Maybe I misspoke on because I have three separate journals.

21:11

Is this the uh for county street and I'm sorry, did you?

21:15

Between North and Hillary.

21:18

Oh, no, I'm I apologize.

21:20

Okay, I I understood it would be for the other two.

21:22

So, yes.

21:23

So this is the non-Mass DOT project for Verizon.

21:27

Thank you so much.

21:28

So with this with this particular job, they wanted to go from an existing manhole on County Street, um, going down to Hillman to a North Street and Hillman.

21:40

Uh that's going to be to serve uh a uh uh a poll that's already in place to serve um an antenna that is going to be on that pole.

21:48

So what they're gonna do is they're gonna go from the existing manhole to an existing handhole right there on the sidewalk next to the existing pole that's there now, and that's gonna serve an antenna.

21:58

I have to assume it's probably for Verizon Wireless, uh probably like a small cell site, 5G site.

22:04

Um, yes, that's what this is for.

22:07

So I apologize again.

22:08

So you're gonna be in the street or in the sidewalk in the middle of the year.

22:10

It's it's gonna be in the street from the existing manhole, going down, I think it's the west side uh from manhole 759, and it's gonna be going uh did you do northwest intersection of county and north, um 325 feet, then it's gonna turn a little bit towards the actual manhole, uh the handhole where the pole will be as well.

22:31

So it is gonna be in the street, and then it's gonna turn going to the handhole, which is in the sidewalk, which they won't have to break the sidewalk or anything of that nature.

22:39

And it's on the west side of county?

22:41

Uh let me check for you.

22:47

Yes, it's gonna run on the westerly side of County Street.

22:50

When when do we anticipate this project will be done and how long do you think this will be?

22:56

This this will probably be a couple of days because it's not putting a bank of conduit in there.

23:00

It's just gonna be one conduit going down from the existing manhole down there.

23:06

Um so I would think maybe a couple of days at the most between um getting the conduit in the ground and then obviously um repaving whatever they have touched in that ground.

23:18

So in this case, Verizon is responsible for the repaving, you know, and like the city council said, Thank you.

23:24

Um make sure that it's done properly and to the satisfaction of the City of New Bedford, of course.

23:30

And do you know when, sir?

23:31

I do not know, but I can check with Verizon on the scheduling for that.

23:34

Okay, I would appreciate that, and I'll give you my card before you leave.

23:37

Mr.

23:37

President, through you to Clerk Ferrius.

23:40

We took a call, uh, Clerk Farius, you and I from the Bethel AMI church, who was having a function.

23:46

Do you remember when that was, sir?

23:50

That was approximately I'd say three months ago, Councillor.

23:53

Yeah, but I don't know.

23:54

Remember when the festival was, yeah.

23:56

I can that's right, I'll call it.

23:58

I'll call Reverend.

23:58

Yeah.

23:59

Okay.

23:59

That's what my concern is, Mr.

24:01

President, that they're having some type of event at Bethlehem.

24:04

And I wouldn't, this is right in that intersection, and I wouldn't want this work to disrupt that event.

24:11

It's uh historically old church in our city.

24:15

So, yeah.

24:15

Yes, and Verizon would not schedule anything if there's a public event or a private event there.

24:20

Not at all.

24:21

All right.

24:21

I'll be in touch.

24:22

Thank you, Mr.

24:23

President.

24:26

Anyone else uh for the petitioner here?

24:32

All right, seeing none.

24:36

Anyone here to speak in favor of this project?

24:39

Speak in favor.

24:40

Be recorded in favor.

24:42

Recorded in favor.

24:44

Edwin wish to speak in opposition.

24:47

Speak in opposition.

24:49

Be recorded in opposition.

24:51

Be recorded in opposition.

24:54

Seeing none?

24:55

Motion to close the public hearing.

24:57

Motion to close the public hearing made by Councilor Giesta, seconded by Councillor Baptiste.

25:02

Anyone on the question of closing the public hearing?

25:04

Seeing none, all those in favor say aye.

25:07

Aye.

25:07

Any opposed?

25:08

The ayes have it.

25:09

Motion to adopt.

25:11

Second.

25:13

Motion to adopt made by Councillor Giesta, seconded by Councillor Baptiste.

25:17

Anyone on the question?

25:28

So motion to adopt uh with the stipulation that a detail will be present during this construction, made by Councilor Giesta, seconded by Councillor Baptiste.

25:37

Anyone else on the question?

25:40

Seeing none, all those in favor say aye.

25:42

Aye.

25:43

Any opposed?

25:44

The ayes have it.

25:46

I'll ask the clerk to read items six and seven together, since they both pertain to the Mass Dot rehabilitation project.

25:53

Mr.

25:54

President, item six is a hearing from the network building and consulting on behalf of Verizon of New England Incorporated for the location of four-inch conduits at the northeast side of the intersection of County and Cedar Grove Street.

26:05

This work is necessary for the Mass DOT rehab project.

26:08

6A is the order.

26:10

And item seven is a hearing from network building and consult consulting on behalf of Verizon of New England for the location of four-inch conduit conduits at the intersection of purchase and cogzall streets to purchase street at the intersection of Pennman Street and Purchase Street at the intersection of Cedar Grove Street.

26:26

This work is also necessary for the Mass DOT rehab projects and 7A is the order.

26:31

Motion receive and place on file item 6, 6A, 77A, and open the public hearing.

26:37

Motion receive and place on file and open the public hearing made by Council Oliver, second by Councillor Lopes.

26:43

Anyone on the question.

26:44

Seeing none, all those in favor say aye.

26:47

Aye.

26:47

Any opposed?

26:48

The ayes have it.

26:50

Thank you.

26:50

And this is the Mass DOT rehab project.

26:53

So I apologize again.

26:55

So because of the Mass DOT rehab project, uh where they're going to be open the ground anyways for these streets.

27:01

Uh Verizon is looking to place two four-inch conduits starting at uh Manhole County Street on the northeast side of the intersection of County and Cedar Grove Street.

27:12

That's going to run about 165 feet north with four four-inch conduits uh underground uh to an existing utility pole number thirteen.

27:23

Uh and then from there we're running 80 feet west with two four-inch conduits uh to the relocate uh relocated utility pole uh running 258 feet south to another existing utility pole number 12.

27:39

Um again, this is gonna be a a conduit bank that will be in the ground uh serving three different locations in these intersections uh just off of County Street and Cedar Grove Street.

27:50

Um this coincides again with the Mass DOT rehab project.

27:54

Uh so I'm not sure if Mass DOT is responsible for uh the repaving uh of those streets and things of that nature.

28:00

So I believe Verizon is trying to do this while the Mass DOT project is going on, so you wouldn't have to come and break ground on brand new pavement or things of that nature for this one.

28:15

Chair, I can ask Council Oliver on this first.

28:17

Thank you, Mr.

28:18

President.

28:18

Um estimated time uh for this.

28:22

So again, with with the length of the conduit trenches that are going to be put in place, I would probably have to check with the Verizon Construction Department.

28:30

I would assume it's gonna be multiple days uh, you know, with this project, um, you know, with three different locations up and down um county street.

28:38

Um obviously Verizon will have paid details every single day that they are out there, obviously.

28:46

Um and again, you know, I I'm not sure when this is gonna start.

28:50

I think it all depends on when the Mass DOT rehab project does start up.

28:54

Um but again, if there's any issues or anything that the City of New Bedford um wants to alleviate with us being out there while Mass DOT is doing a rehab project, um, you know, we have no issue with that.

29:07

We don't want to interrupt you know city business or or the folks here in uh and in the city of New Bedford as well.

29:13

Now, because the this project has a lot of moving parts, I assume that you guys are working with Mass DOT as far as scheduling when they're gonna be on the street or not on the street.

29:23

That is correct, yes.

29:25

And if they don't have a detail there, uh that you guys will have a detail.

29:29

Verizon always has paid details whenever we're putting in conduit or or or digging a trench, yes.

29:36

And this is new service, right?

29:38

This isn't this.

29:39

This is gonna be brand new.

29:40

Okay.

29:40

No interruption to service while no, should be no interruptions at all for services right now, because they I believe Verizon already has a dock bank on the other side of the street on on County Street, and with the Mass DOT project, that's why it's necessar necessitating Verizon to go over.

30:00

And so they're actually going to be adding brand new conduit, which obviously they're putting conduit aside for the city of New Bedford as well, you know, for the school system, public safety, or whatever the case may be.

30:09

I like I said I like you said, I know that uh mass DOT is most likely going to do most of the roads, but while you guys are doing it, you know, if you guys could return it there, at least as is conditioned during the project and confirm uh that it is in fact going to be repaved by Mass DOT.

30:24

Yes, I can check with Verizon on that to make sure that Mass D OT will be responsible for that aspect.

30:29

Okay.

30:30

Awesome.

30:30

Thank you.

30:31

Appreciate it.

30:31

Anytime.

30:32

Thank you, Mr.

30:33

President.

30:34

Anyone else?

30:38

Seeing none, I'll ask if anyone here wishes to speak in favor of either project uh firm number six or seven.

30:44

Speak in favor.

30:45

Speak in favor.

30:47

Be recorded in favor.

30:49

Be recorded in favor.

30:52

Anyone here wish to speak in opposition?

30:55

To speak in opposition.

30:57

To be recorded in opposition.

31:00

I'm sorry?

31:02

Come to the podium.

31:03

I just need your name and address for the record.

31:10

Lee McGill, three North Street for Haven.

31:14

I own the fire station.

31:18

2071 purchase street.

31:20

I also own 2031 purchase street, the old Mickey Wix.

31:24

I've been trying to get answers from these guys for over a year.

31:29

First, I have plans that you guys can put two conduits on my property.

31:36

Mass D OT.

31:38

Because I own, I own 21 feet of Cedar Grove.

31:41

Yeah.

31:42

So you guys are coming over here and your polls on my property too.

31:45

But that's okay.

31:46

There's an easement.

31:47

I get it.

31:47

I already went through this.

31:49

Every time I deal with Eversource, DW White, Verizon, you guys shut down my power, my alarm systems for my businesses, both of my businesses.

32:03

You guys interrupted my flow of my business on both.

32:08

And I also, the church is on 2031 purchase.

32:12

They've been constantly complaining.

32:14

Your workers, uh DW White.

32:18

They've been parking on my property that you guys should be parking on the state property because fits from Mass DOT says nobody should be parking on private property.

32:27

It's common sense.

32:28

They don't listen.

32:30

I don't care.

32:30

This gentleman will sit in front of the all the board members and promise the world.

32:36

They do not listen.

32:38

They do not put everything back how it was, and they do not give the exact time.

32:54

Then you're going to stop all my flow of my parking, my customers, my workers, and it it's a so inconvenience.

33:04

I can see if you guys went down and made it simple for people, but you don't.

33:08

It's not only you, trust me.

33:10

DWY, I just had two.

33:13

I just had them towed off my property numerous times from South Coast only.

33:18

Numerous times.

33:20

I have all the workers constantly pocket at my fire station and the old Mickey Wicks.

33:26

They do not listen.

33:27

I have told the police detailed numerous times.

33:31

They do not listen to nobody because who they are.

33:36

Well, you guys are going to understand Cedar Grove 21 feet is mine.

33:42

So you have to schedule with me to do the work.

33:46

I don't mind.

33:46

I'm not denying it.

33:49

To schedule with somebody for me to not park there, my vehicles.

33:53

It's it's called courtesy.

33:55

But when I go in my own property and I have the whole business shut down, I have a church that I rent to, they're shut down, and I have steel plates that we can't get into my property without nobody notifying me.

34:08

I think it's an inconvenience.

34:14

You should contact somebody from the city or something.

34:17

This should be a date from start to finish.

34:19

It's simple.

34:19

I'm an electrical contractor.

34:21

So when you work on something, it's a simple.

34:29

This whole entire project, it's been insane.

34:34

They've been shutting down the streets, the schools, especially the school stand.

34:38

It's been, it's like I can't even get to my property.

34:40

I can't even get to my business no more.

34:42

Now I got to go five o'clock in the morning to get in my shop to get my stuff to get out because of the traffic.

34:48

I get it.

34:48

They have to get it done.

34:49

It has to do it.

34:51

But there should be a time frame where certain contractors, Verizon, Comcast, uh, E.W.

35:00

White, you have the pavement company that I just told off my property, told because they thought I didn't own the property.

35:03

So they were told, they don't listen about it.

35:06

They're dumping stuff there.

35:07

I go to my I go to one of my buildings the other day, 2031.

35:11

There's steel plates on my property.

35:13

I get there, there's an excavator on my property.

35:16

I got pictures, excavator trucks.

35:19

These guys, oh big parking lot, let me just go.

35:21

They go to my fire station, let me just go.

35:23

Let me drive in the excavator on my property.

35:26

My fire station, as you guys know, it's over 150-something years old.

35:31

It shouldn't be an excavator on my driveway.

35:34

These guys are destroying my property.

35:37

I have my property.

35:38

If you go on Google Earth, it's simple.

35:40

Everybody goes computer.

35:41

I'm terrible now.

35:42

You go on Google Earth, my driveways were perfect.

35:45

I maintained my properties as you know.

35:47

The fire station was abandoned for 40-something years.

35:51

I fixed it, I cleaned it up, I respect it.

35:54

I repaint it, redo stuff.

35:56

I don't appreciate when somebody goes on my property I pay taxes for with equipment, vehicles, leaking gas, everything.

36:04

And I have pictures.

36:05

They're destroying my asphalt, and nobody wants to take responsibility of repaving it.

36:12

They go and I have literally pictures I could show the board that I got.

36:22

And everybody doesn't know what's going on.

36:24

Nobody knows.

36:25

I could go on a job site, just 30 people, and they're like, oh, go to that guy, go to that guy.

36:29

You go to the guy with the white hat, or I'm not in charge, call this guy.

36:32

So I call Fitz from Mass D OT, he goes, nobody should be there.

36:36

I know that.

36:36

Nobody should be on private property.

36:39

Underneath the bridge.

36:40

It's a proper way to park something, a proper way to put excavators' trucks, dumb trucks, and everything.

36:45

But they're not.

36:46

They're on my property.

36:48

I own both of them.

36:50

Like I said, 2031 and 2071.

36:54

Now that's why you're looking on the map.

36:56

I see it.

36:56

I brought extra pictures for all the members to have.

37:00

You see?

37:00

I could this is like it's it's fine, I get it.

37:03

But you guys are on my property.

37:04

21 feet.

37:06

By right, the metal, dumb red gates that's on Cedar Grove.

37:10

That if you ever see the school, I own it.

37:12

That's my property.

37:14

That belongs to the fire station before the bridge even existed.

37:17

You know, I I think in 1940-something when they started or something like that.

37:21

So I don't, I I get it, there's an easement, you guys can do the work.

37:25

But somebody has to take care of this stuff, and when you guys are doing stuff, you've got to be responsible to repair it.

37:33

And you're sitting in front of the board members looking good and saying, Yeah, you're doing it, but you're not.

37:38

Because any of you guys are all welcome to walk on my property and see the damage that these guys are causing, and it's so much money today for asphalt to change asphalt.

37:50

Now then I go as a public person, I go down.

37:53

If I want to go DPI, I want to go to Sydney and Bedford, I want to pull a permit, they're gonna say, Oh, you gotta do a storm water, you gotta do this, or you gotta do that.

38:00

You gotta you gotta open a sidewalk permit, you gotta do this.

38:03

For these guys, it's easy.

38:04

But for someone like me, I gotta go through every single red tape it's possible to repair my property.

38:11

And I don't think it's right for them to have excavators and trucks on my property without scheduling and without repairing anything that they destroyed.

38:22

And they've been destroying my property, and I had enough.

38:27

They went, somebody went there's the city already took down a certain section of the fence, the city of Bethlehem, City New Bedford, on 2071, uh 2031 Purchase Street, right on the sidewalk.

38:38

Never put it back.

38:39

The fence been there, I don't know, for 20 years, 30 years.

38:43

Never put the six-foot fence, but I understand it was old, it was beat up.

38:47

But here's the problem I have.

38:49

I got people that walk through the building now to cut through because there's no fence, so it's an easy way to save walking time.

38:57

I get it.

38:58

And I'm trying to put up a fence around my property, but I can't do it because now everything is going on.

39:03

I would love to put a fence around to stop the traffic, the walking traffic, the everybody that doesn't belong on the property, and and put the gate back.

39:12

The gate was mysteriously taken, and the front and the back never had a gate.

39:17

The front always had a gate, and six-foot fence, it's gone.

39:22

Nobody knows where it went.

39:24

Just gone.

39:25

So, Mr.

39:26

President, um, I hear the resident, the business owner, and his concerns.

39:32

Um, I don't think it's Verizon because you're not they're not in the road yet, but it's probably uh the people that are doing the Masty OT project.

39:42

Um I think we should probably figure out a way to get this gentleman and the person who came to our meeting.

39:48

I know we have the name to tell us about the project along with DPI together, so that he can have his issues resolved because what he's describing is unacceptable, period.

40:00

So if that would be acceptable to the gentleman, we'll figure out who that person is because this is this is the construction of the highway.

40:09

This is not what this gentleman is planning to do, correct?

40:13

It's it's not, but he's the next in line to do it.

40:19

What you have now the problem is the people that are currently doing the work on the project for Mass DOT.

40:25

That's correct.

40:25

Okay.

40:26

So Mr.

40:28

President.

40:30

Well, if it's acceptable to the speaker, we'll we'll get his contact information.

40:36

Maybe one of my colleagues knows him personally, and then we can set up that meeting with him and and them and DPI so we can resolve the gentleman's problem.

40:44

Sounds good.

40:45

And and and any the any member, anybody could come down.

40:49

I got all the pictures to show you.

40:52

So when somebody tries to deny it, you can see their name right on the excavator.

40:58

You know, when they turn it, all you hear is the metal going, and you see the marks.

41:03

You see the marks right on the ground.

41:05

They're just going in and out with humongous trucks all day long, and now I got I mean, as you know, Mickey works been a long round for a long time.

41:12

It was empty.

41:14

God knows how long.

41:15

I just put new windows to make it look good.

41:17

It just got repainted again.

41:18

I'm making it look nice for the city.

41:21

It's hard to make something look nice if we're allowing these people not saying they had they they can't do it.

41:27

Allow them to do it, but we have them be responsible for their actions.

41:31

Yeah.

41:32

If I look to you as your just that's all I'm asking.

41:34

Yeah.

41:34

They should be responsible for their actions, especially when they destroy public property.

41:38

Well, I appreciate you coming and bringing this to our attention as our my colleague uh from Christian Ave mentioned.

41:43

I believe it's Garrett Saunders, uh, our uh assistant clerk here just uh reminded me that a part of the Mass DOT project, so we can work with you to connect with them because it sounds to me that that is probably uh the biggest culprit of uh what is happening to you, not so much so Verizon yet, and hopefully not going to happen.

42:03

So why I'm here.

42:04

So I believe uh why hopefully from the floor a motion will be made to make sure there are those exact stipulations in this approval if that is what the body wishes, if this if the approval does go through.

42:14

But um I'm glad that you came to the hearing uh and and spoke out about this.

42:19

And if you'd like it, you I believe you said you had copies for us to provide.

42:23

Oh, yeah.

42:25

Because if there could be a motion to receive motion to receive and place on file made by Councillor Lopes, seconded by Oliver for the communication.

42:32

All those anyone on the question seeing none, uh all those in favor say aye.

42:37

Aye.

42:37

Any opposed, the ayes have it.

42:39

Okay, and um um I'll step out in the hall and take the gentleman.

42:42

Get his information.

42:43

Yeah.

42:43

Perfect.

42:44

All right.

42:45

Thank you so much, sir.

42:46

Anyone else here wish to speak in opposition?

42:49

Be recorded in opposition.

42:52

Seeing none.

42:55

Motion to close the public hearing.

42:56

Motion to close the public hearing made by Council Oliver.

43:00

Second by Councilor Giesta.

43:01

Anyone on the question of closing the public hearing?

43:04

Seeing none, all those in favor say aye.

43:06

Aye.

43:07

Any opposed, the ayes have it.

43:09

Motion to adopt the order with the stipulation that Verizon coordinate with the property owners.

43:15

Um the property owner of uh the county street location and the Cedar Grove location uh to work a timeline and uh appropriate use of the property.

43:29

Motion made by Council Oliver.

43:31

Second seconded by Councillor Giesta.

43:33

Anyone on the question?

43:37

Seeing none, all those in favor say aye.

43:40

Aye.

43:41

Any opposed?

43:42

The ayes have it.

43:45

Thank you, Mr.

43:46

President.

43:46

Thank you, City Council papers.

43:48

I don't have country.

43:51

All right.

43:52

We are on to Mayor's papers.

43:55

I'll ask the clerk to read M1.

43:57

Mr.

43:57

President M1 is communication from Mayor Mitchell to the council, submitting a letter regarding the mayor's appointment of the police chief and the city solicitor's opinion that this appointment is not subject to confirmation of the city council.

44:09

Motion to receive in place on file the communication.

44:11

Motion receive and place on file the communication made by uh council Pereira.

44:15

Second.

44:16

Second by Councillor Gomes.

44:17

Anyone on the question?

44:19

Uh Chair recognizes Councillor Ferrero.

44:21

Thank you, Mr.

44:22

President.

44:24

When in the normal uh business of this body, when the mayor needs something approved, like an appropriation, the budget, an appointment to a board, confirmation of a department head.

44:38

We receive communication from the administration, and this body takes action whether it's to investigate that further and then take action.

44:47

But the mayor initiates that.

44:50

What's before us is not anything close to a confirmation or uh uh uh an action that this council can take other than just to receive this communication from the administration.

45:00

What's before us is not anything close to a confirmation or uh uh uh uh an action that this council can take other than just to receive this communication from the administration and a few items this body will take on a reappointment to a board, like for the past four years that I've received, and it's with the same verbiage that we've seen.

45:14

The letter will begin.

45:16

I am submitting for your approval.

45:19

He is asking us, submitting to us something to do.

45:24

Uh this letter continues to say that this council has declined to hold the confirmation hearing.

45:30

Well, there is nothing before us to to have a hearing on.

45:35

So if that's the case and we can just have a uh a hearing, why don't we I'll I'll file a motion to have the council to my right come before us for confirmation to be chief of police, or the council from Ward 3, or maybe even I'll take a spin at it myself and I'll put myself up to be uh uh confirmation for chief of police.

45:54

This procedure for a reason.

45:56

Now, I've been on the body uh uh for four years.

46:01

I figured you would be counselors.

46:05

But we have procedure for a reason, so this doesn't happen.

46:07

What's next?

46:08

We're gonna get a press release regarding the budget, and we're just gonna vote on that.

46:11

No, we're gonna receive a presentation and a submittal from the administration.

46:16

That is the way it works.

46:18

That's the way it has always worked for the four years I've been here.

46:22

And talking to some more veteran councils that have my colleagues now, that's the way it's been since they've been serving too for 30 years.

46:30

34 years, thank you.

46:32

You have to think about it.

46:34

So I just rise tonight and just saying that this does not answer any of our questions.

46:42

We we in our system of government, when there is this such dispute, we allow the judiciary system, an independent branch of government to term what the law states.

46:52

There is clearly uh a disagreement and a controversy here.

46:56

Let's just have the courts settle it.

46:58

Thank you, Mr.

46:58

President.

46:59

Thank you.

47:00

Anyone else on the question?

47:03

Chair recognized Council Moore on her first.

47:08

Thank you, Mr.

47:08

President.

47:09

Um, I appreciate the words of my colleague from Ward 6.

47:14

I just want to say that um these two pages are wasted and they're useless.

47:24

What a waste of time, what a waste of energy.

47:30

Just it's just the most stupid thing I've seen in my 20 years here.

47:37

There's a chief, a new chief of police that's coming to the city of New Bedford.

47:42

The item, the appointment should be selected by the mayor, that's his position, and should be confirmed by the New Bedford City Council, that's our position.

47:54

He's a department head.

47:56

That's what he is.

47:57

And the rules say that the mayor submits appointments for boards and commissions and department heads, and the city council confirms them.

48:08

The chief is a department head.

48:11

Unless the mayor is telling us by this communication and all the other communications that he's managing to put out in the public media that the chief is not the department head, and he is.

49:36

Let's follow the rules of government in the city of New Bedford.

49:40

Submit the chief as conf to be uh confirmed by the city council as it has been done for every department head.

49:50

The council will hold its confirmation hearing, as it does for every appointment that's sent, and a vote will be taken.

50:00

And I I have not talked to any colleague who doesn't think that we're going to confirm the chief.

50:05

It's a celebration event.

50:06

It's not a controversy event.

50:09

This is not the way government works.

50:12

The body has the government in New Bedford has a checks and balances system.

50:18

That's what we have.

50:19

We owe it to the people that represent that put us here to represent them.

50:23

This is the way government works, checks and balances.

50:27

And having to go to the judiciary to ask them to decide to use Councillor Attorney Garitowski's time to use the precious time of solicitor Jake's so that we can go to court.

50:40

Why?

50:41

Why?

50:43

This is the problem with the four-year term.

50:46

I'm telling you, this is the problem.

50:51

I don't know if it would have been this way with Mayor Calis, but it's certainly this way with King Mitchell.

50:57

I've said that here more than once, and I'll say it again.

51:00

This man thinks that what he says goes.

51:04

He doesn't respect this body.

51:06

And if any of you think that this isn't a big issue, it is.

51:10

The next commissioner of the Department of Public, whatever, that shows up in the City of New Bedford, maybe you're not going to be able to confirm them.

51:19

Because Mayor's going to take the same position, or should I say King Mitchell, going to take the same position with us?

51:25

I don't need to do that.

51:27

I've appointed him.

51:29

He's served.

51:30

Now I don't know if I I doubt he's been sworn in by Clerk Farius because today I made the introduction to the new chief to Clerk Farius, who said to me, I've never met him.

51:41

So how is he heading the police department if he hasn't raised his hand and taken the oath?

51:51

It concerns me for no reason, for no reason, other than John Mitchell thinks that he's going to do what he damn well pleases.

52:01

And the buck is going to stop here.

52:04

Because if we're going to have to go to court, if we're going to have to waste people's time, if we're going to have to pay legal fees to get a judgment to determine whether the council has the authority, it's in Rule 38.

52:16

Read your rule book.

52:17

It's in the charter that the customer, that the council has the authority to confirm the department heads and the appointments of the mayor.

52:26

So I know my colleague said he wanted to receive this and place this on file, but this is useless.

52:32

What should happen here tonight is no further action should be taken.

52:36

Thank you, Mr.

52:37

President.

52:40

Thank you.

52:41

Chair can ask Councillor Averonis first.

52:43

Thank you, Mr.

52:44

President.

52:44

If you would indulge, may I ask Attorney Garatowski a question, please?

52:55

Good evening, Attorney Garatowski.

52:57

So based on the opinion of this body and your legal opinion, based on the opinion of the administration and his solicitor, in your view, and given what the remarks of my colleagues before me.

53:13

Is this chief even legally serving as the chief of police?

53:16

I mean, well, as was just mentioned, it's true.

53:18

Our clerk hasn't sworn him in.

53:20

We haven't taken an advice and consent vote.

53:23

We all just want some clarity.

53:24

I want clarity, and I think all of us do as well.

53:27

It's my opinion that you cannot be installed as the chief of the police department unless he is confirmed by the city council.

53:40

That's my opinion.

53:43

The solicitor obviously has a different opinion, but I haven't seen anything that has any real legal basis.

53:49

In fact, they keep saying the code.

53:51

Well, it's consistent with the code.

53:53

The charter requires it.

53:55

Nothing in the code can negate the charter requirement of confirmation of department heads.

54:02

The only argument you can make is if there is a specific statute, not anything in the code.

54:11

Something in the state law that exempts the chief from being appointed.

54:18

Or your argument could be that he's not a department head.

54:22

And in no letter, not from the solicitor, and not this letter from the mayor, and never has the mayor said it.

54:28

I've heard his appearances on in the media.

54:31

Not one time does he say the chief of police is not the department head.

54:37

He's never said that.

54:39

Because he knows that he is.

54:42

This letter is intended.

54:43

There's no there's no litig secret litigation strategies here.

54:46

What this letter is about is he's trying to tell you, if you feel better about voting for the chief, go ahead.

54:55

But if you don't agree with me, I'll just ignore you.

55:00

That's what he's basically saying in this letter.

55:02

The city council does not take votes out of speculation.

55:05

They don't take votes to make themselves feel better.

55:07

They take votes based upon your authority to confirm a department head when the mayor formally submits that appointment to you and says, I'm submitting this to you for your confirmation or your approval.

55:19

Like as counselor from Ward 6 pointed out, he did in the in the item that's going to come up soon.

55:27

In my opinion, the chief of police cannot assume those duties until this council confirms him.

55:34

Now, there's been some discussion about, well, he came before you and you treated him like the chief.

55:40

Right?

55:40

There's been some talk about that.

55:42

So if you treated him like the chief, you must think he's the chief.

55:46

That's not true.

55:48

The mayor has given this gentleman the authority to handle the police department while we think illegally, you have constituents to answer to.

55:58

You can't tell your constituents, well, folks, we have a dispute about whether the chief is installed properly, so you're gonna have to put all your public safety concerns on hold until we've we solve it.

56:09

You guys aren't gonna do that.

56:11

You're going to go to the person who has who right now has been given this authority, even though it's illegal.

56:22

So you guys have to deal with that until we can resolve it in the courts where it should.

56:26

But the real controversy here is that you have confirmation powers, the mayor didn't submit them and installed this person without such confirmation.

56:36

I believe that's illegal.

56:37

I think the mayor knows it is, and he's trying to get around it.

56:41

Where he wants to be able to use this letter to go into court and say to the to the court, you don't have a controversy because the the council never took a vote.

56:51

That's what he wants to do.

56:53

Because he knows that if this gets decided on the merits, he has to either go to the court and argue that the chief of police is not the department head, he won't do that.

57:04

Because he knows that he is.

57:06

And so that's what he's trying to do.

57:08

He's trying to use this to be able to go into court and say, you this is not ready to be decided by the court because there's no actual controversy, because the council never voted.

57:18

You have nothing to vote on.

57:20

Nothing has been submitted to you as a formal appointment for confirmation.

57:24

You have nothing to vote on.

57:26

And he went ahead and installed this person as the chief of police without such confirmation.

57:31

I think that's not that's not um uh uh does not comport with the charter and the law.

57:37

And so um this is where we are, and the mayor's gonna keep saying this.

57:41

Oh, it's not you guys have to deal with this guy because he's been given this apparent authority.

57:46

You have to deal with him, you can't tell your constituents, sorry, you know, you're on your own, we can't talk to the chief because you know, that this guy that was put in as the chief because we gotta wait for some legal determination.

57:57

You guys aren't gonna do that.

57:59

No one would expect you to do that.

58:00

I mean, I just wonder, and I think of these things, and I just think I'm trying to this is like a chess match, but it's like if this goes through the courts and it's ruled that we are correct, I I think even from like the rank and file perspective of the police union, right?

58:15

The members, our initiatives that this chief has put in place, are they going to be known void now?

58:21

Are they illegal not illegal maneuvers but improper maneuvers like uh we want to, you know, shimmy uh uh you know one uh cruiser here, we want to do this, this initiative, that initiative, because he technically wasn't their boss.

58:33

You know what I mean?

58:34

Like things like that.

58:35

Well, that that those are things that someone would have to challenge.

58:37

For example, if the for example, if the mayor, if the chief fired someone or you know, then they could they could take that up and say, well, I was fired by the chief who legally wasn't the chief.

58:49

But that's not your concern.

58:50

That's the concern of whatever action someone is grieving that he took.

58:55

Your concern is that it's your authority, he shouldn't be putting someone in place until they're confirmed.

59:04

And I and I think that's the law.

59:06

And so um, you know, I I I've said a million times, if somebody could show me something different, some exemption, or tell me something that shows that maybe that the chief of police is not the department head, then maybe I change my mind.

59:20

But no one's done that.

59:21

And I just keep hearing these same ridiculous arguments that, well, you know, the council treated him as the chief, and you know, they didn't they didn't approve the last chief, and you know, so now you know it's it's you know that can't be the argument.

59:38

It's the same, you know.

59:40

You have to say the council is now saying, hey, wait a minute, we're supposed to confirm them, and you are.

59:46

And just because maybe a previous council didn't do the same thing, doesn't mean you can't.

59:51

So um I get tired of hearing the the the arguments.

59:54

I I want to hear a legitimate argument as to why the confirmation shouldn't come here.

1:00:00

I am yet to hear it, and this has been going on now for a while.

1:00:01

And nobody's given me that.

1:00:03

And I like I I told this council last time in the August meeting.

1:00:06

I'm happy to change my mind if I'm shown it, and no one has.

1:00:10

I'm just hearing the same old ridiculous.

1:00:12

Oh, the code and the the code does not negate the charter.

1:00:16

That is fact.

1:00:17

No one can dispute that.

1:00:19

Thank you for the only argument is if he's not a department head, then just say so.

1:00:24

You won't even say so.

1:00:25

Thank you for the additional information and clarity.

1:00:28

Mr.

1:00:28

President, thank you.

1:00:29

I'll yield at this time.

1:00:30

Thank you.

1:00:30

The Chair recognized Councillor Oliver on his first.

1:00:34

Thank you, Mr.

1:00:34

President.

1:00:35

Um just through you to the general public.

1:00:39

This isn't a uh uh Chief Thoughty thing or or anything like that.

1:00:43

It's not um whether he's fit to serve or or should serve or shouldn't serve, um, or what the the outcome would be if they he was in front of us for an appointment.

1:00:52

This is strictly about uh the council um standing behind the power that has been given to them through the charter.

1:00:59

We always hear about you know the strong mayor and the mayor runs rough shot over the council and stuff like that.

1:01:04

The only way he's able to do that is if we acquiesce to things like this.

1:01:10

You know, I had the the uh pleasure of uh being on the screening committee with my colleague from the South End on Clara Street, and um, you know, he this gentleman has been put through a rigorous um screening process, and if he came in front of us, I don't there's without a doubt that he would answer the questions um, you know, to the best of his ability and suffice the the the members of this council, and he would probably be um uh uh uh given a favorable recommendation.

1:01:40

This isn't about that.

1:01:42

This is just about the mayor overstepping and using saying you supposed essential step.

1:01:48

Supposed.

1:01:49

It is an essential step.

1:01:51

But the excess the action has to come down, like my colleague from uh Ward Six, the Ward 6th City Council said, the uh action has to come down from the administration to present that person to the council for appointment.

1:02:05

Doesn't look like we're gonna hash this out between our legal counsel and the mayor's legal council.

1:02:11

So it has to be this way because if we just roll over, there's going to be other things that that third floor is going to come down here and and just circumvent this council.

1:02:21

So we need to take a stand, and um I I think the appropriate action is to send it back up to the third floor.

1:02:28

Uh well, send it out for no further action, because there's there's no action to take here.

1:02:33

Thank you for your letter that you took no time to to put together, and you wasted money to tell us go have your little ceremonial party if you want.

1:02:43

Well, that's not what this council does.

1:02:45

We don't have ceremonial parties.

1:02:46

We take this job seriously and we take every appointment seriously.

1:02:50

So I think that the message has to be sent back to the mayor's office as such, and that's the only way that we're going to do it is to hash it out in court and not send letters back and forth.

1:02:59

Thank you for the time, Mr.

1:03:00

President.

1:03:01

Thank you.

1:03:02

Anyone else on there first?

1:03:05

Anyone counselor Gomes?

1:03:07

Chair recognize Council Gomes on this first.

1:03:09

Thank you very much, Mr.

1:03:10

President.

1:03:11

I think uh be remiss if I didn't get up and say something uh as chair of public safety.

1:03:16

I've been here a long time.

1:03:18

Mr.

1:03:19

Town Net clerk or whoever is the clerk swears in the chief of police.

1:03:24

I don't know what happened this time, but um I will tell you that.

1:03:30

This is what happens number one when you give a four-year term.

1:03:35

Remember trying to get that four-year term out of here, but couldn't get the support.

1:03:40

Was called foolish, it's called stupid.

1:03:43

You know, by certain people that have the microphone during the day.

1:03:48

I won't mention any names.

1:03:49

Only for them to stand now and talk about the four-year mayor term might not be such a good idea in the city of New Baffert.

1:03:58

Police Chief came before the committee on public safety, exactly the way the our legal counsel explained it.

1:04:05

And the reason was that it was business to be taken care of.

1:04:08

He is Chief Doherty.

1:04:10

He was brought in to answer the questions or give us some answers to uh some of the concerns that uh this council had.

1:04:18

We didn't look to swear him in that night.

1:04:20

He was here as the chief.

1:04:22

Because the mayor appointed him the chief.

1:04:25

But the mayor didn't ask us to confirm him yet.

1:04:28

And that is a problem.

1:04:30

That is a problem.

1:04:32

I don't know why we're wasting time on this.

1:04:35

I feel just like uh others in this room, we've got a lot of other things pending that we should be addressing, and maybe the city solicitor should be addressing.

1:04:44

But we're not.

1:04:45

We're playing games with the council because the council challenges or the council requests that all you have to do is just send down this the the order, asking us to confirm the police chief, giving the people of the city the opportunity to see the police chief.

1:05:02

He doesn't choose to do that.

1:05:03

He chooses to get into a fight with us.

1:05:06

Notice how I'm very calm tonight.

1:05:08

Usually I'm a little rusty and a little arrogant.

1:05:13

I'm calm tonight because I feel the ball is in our park.

1:05:18

And Mayor, come get the ball and do the right thing.

1:05:22

Thanks for the opportunity.

1:05:25

Anyone else on there first?

1:05:28

Anyone on their second?

1:05:31

Saying now there was a motion made to take motion for no further action.

1:05:36

Motion for no further action made uh by councillor Gomes.

1:05:40

Seconded by Council Oliver.

1:05:42

All those in favor say aye.

1:05:43

Aye.

1:05:44

Any opposed?

1:05:45

The ayes have it.

1:05:46

I'll ask the clerk to read M2.

1:05:49

Mr.

1:05:49

President, M2 is a communication from Mayor Mitchell to the council submitting an ordinance amending chapter 9 comprehensive zoning by adding section 4200 D, Solar Energy Systems, and M2A is the ordinance.

1:06:03

Motion to motion to refer to the planning board and the committee on ordinances.

1:06:08

Thank you, Council Prairie.

1:06:09

Yes, motion to refer to the planning board and the committee on ordinances, seconded by Councillor Gomes.

1:06:14

On the question.

1:06:15

Uh Chair recognized Councilor Morad on her first.

1:06:18

Thank you, Mr.

1:06:18

President.

1:06:19

Um I heard the motion of my colleagues before me.

1:06:23

But two can play the same game.

1:06:26

It would be my recommendation you put the item on the table.

1:06:28

As a matter of fact, it would be my recommendation that I can see uh Clerk Hendrick's face.

1:06:34

You put every item that the administration submits to the council that doesn't affect the general working of the city, and this does not.

1:06:43

This is a change to the ordinance going forward on the table.

1:06:48

Two can play the same game until such time as the administration shows the respect to this body that this body deserves.

1:06:58

So I make a motion to table this item.

1:07:01

And I hope I get a second, and I hope I get a unanimous support from the body.

1:07:05

Thank you.

1:07:09

Uh motion to table was made by uh Councilor Morad.

1:07:13

Second.

1:07:14

Seconded by Councilor Giesta.

1:07:17

Any oh uh um that's right.

1:07:23

All right.

1:07:24

Um but anyone to speak on the motion to refer to the planning board and the committee on ordinance.

1:07:30

Oh, table takes precedent.

1:07:32

Thank you so much, Attorney Garatowski.

1:07:34

Um right, so motion to table.

1:07:36

All those in favor say aye.

1:07:38

Aye.

1:07:39

Any opposed?

1:07:40

The ayes have it.

1:07:41

I'll ask the clerk to read M3.

1:07:44

Mr.

1:07:45

President M3 is a communication from Mayor Mitchell to the council submitting an ordinance.

1:07:49

Amending chapter 9, comprehensive zoning relative to accessory dwelling units and M3A is the ordinance.

1:07:54

Motion of table.

1:07:55

Second.

1:07:56

Motion and table made by Council Morad, seconded by Councilor Giesta.

1:08:01

All those in favor say aye.

1:08:03

Aye.

1:08:04

Any opposed?

1:08:05

The ayes have it.

1:08:07

I'll ask the clerk to read M4.

1:08:09

Mr.

1:08:09

President, M4 is communication from Mayor Mitchell to the Council.

1:08:12

Submitting the reappointment of Sean M.

1:08:14

Carney of New Bedford, Massachusetts to the Conservation Commission.

1:08:17

This term will expire in June of 2028.

1:08:20

Motion receive and place on file, wave rule 38 and waive rule 40.

1:08:24

Grant the confirmation.

1:08:25

Motion to receive and place on file, waiving rules 38 and 40 and grant the reappointment made by Council Morad.

1:08:32

Seconded by Councilor Gomes.

1:08:34

Anyone on the question?

1:08:36

Seeing none, I'll ask the clerk to call the roll.

1:08:39

Councilor Abrew.

1:08:40

Yes, Council Baptiste.

1:08:42

Yes.

1:08:42

Yes, come to Burgo.

1:08:43

Yes.

1:08:44

Yes.

1:08:44

Counter Schulquette.

1:08:45

Yes.

1:08:46

Yes, Council Giesta.

1:08:47

Yes.

1:08:48

Yes.

1:08:48

Council Gomes.

1:08:49

Yes.

1:08:50

Yes.

1:08:50

Council Lopes.

1:08:51

Yes.

1:08:52

Yes, Council Morad.

1:08:53

Yes.

1:08:53

Yes, Council Oliver.

1:08:54

Yes.

1:08:55

Yes.

1:08:55

Council Pereira.

1:08:56

Yes.

1:08:56

Yes.

1:08:56

Passes 10 to 0.

1:08:58

Passes 10 to 0.

1:09:00

I'll ask the clerk.

1:09:02

Uh we are now under new business.

1:09:04

I'll ask the clerk to read item 8.

1:09:07

Mr.

1:09:07

President, item 8 is a report from the committee on appointments and briefings.

1:09:11

Recommending to the council approval of the application from Jose Barbosa and Derek Mendes doing business as Casa to Bonfica.

1:09:19

Number 27 incorporated for a special permit for a club or lodge to be located at 34 Beatle Street in New Bedford.

1:09:25

And 8A is the special permit application.

1:09:28

Motion to grant the special permit.

1:09:29

Second.

1:09:30

Second.

1:09:31

Motion to grant the special permit made by Council Pereira.

1:09:33

Seconded by Councilor Giesta.

1:09:36

Anyone on the question?

1:09:38

Seeing none, all those in favor say aye.

1:09:40

Aye.

1:09:41

Any opposed?

1:09:42

The ayes have it.

1:09:45

I'd entertain a motion to waive the reading for items nine through 16A and take no further action.

1:09:51

So moved.

1:09:52

Uh made by Councillor Gomes, seconded by Councillor Abrew.

1:09:56

Anyone on all those in favor say aye?

1:09:59

Aye.

1:10:00

Any opposed?

1:10:00

The ayes have it.

1:10:02

That will bring us to item 17 on page six.

1:10:06

Mr.

1:10:06

President, item 17 is a written motion from Councilor Oliver.

1:10:09

Requesting that the committee on finance meet with Chief Financial Officer Bob Extram and administrative assistant to the Board of Assessors, Sherry Penzino, to review the current criteria for tax exemption eligibility at age 70 and to consider taking the necessary action to lower the eligibility age to 65.

1:10:26

And further that the committee on finance discuss any other exemptions that the City of New Bedford may implement in an effort to assist the city's senior property owners.

1:10:35

Motion to receive and place or file and refer to the committee on finance.

1:10:38

Second.

1:10:39

Motion received a place on file and referred to the committee on finance, made by uh councillor Oliver, seconded by Councilor Lopes.

1:10:45

Anyone on the question?

1:10:46

Motion speaks for itself.

1:10:48

Seeing none, all those in favor say aye.

1:10:50

Aye.

1:10:51

Any opposed?

1:10:52

The ayes have it.

1:10:52

I'll ask the clerk to read item 18.

1:10:55

Mr.

1:10:55

President, item 18 is a written motion from Councillors Abreu, Carney, Shilquette, and Pereira, requesting that HR Director Jose Guevaya appear before the committee in appointments and briefings to discuss the city's current voluntary benefit package.

1:11:08

Benefits that are paid for so solely by the employee.

1:11:11

Motion to refer to the appearance.

1:11:13

Second.

1:11:14

Motion referred to the committee on appointments and briefings made by Councilor Pereira.

1:11:17

Seconded by Councilor Carney.

1:11:19

Anyone on the question seeing none, all those in favor say aye.

1:11:23

Aye.

1:11:24

Any opposed?

1:11:25

The ayes have it.

1:11:26

Uh the clerk to read item 19.

1:11:29

Mr.

1:11:29

President, item 19 is written motion from Councillors Abru, Shouquette, and Pereira.

1:11:33

Requesting that HR Director Jose Gueva and CFO Bob Extram up here before the committee on appointments and briefings to discuss the city's current prescription drug plan and possible savings options available.

1:11:45

Motion to refer to the committee on appointments and briefings made by Councilor Abreu, seconded by Councilor Pereira.

1:11:51

Anyone on the question?

1:11:53

Seeing none, all those in favor say aye.

1:11:55

Aye.

1:11:56

Any opposed?

1:11:57

The ayes have it.

1:11:58

I'll ask the clerk to read item 20.

1:12:00

Mr.

1:12:00

President, item 20 is a communication from the city clerk to the council on behalf of Dara Arsanios, doing business as New Bedford Transportation LLC at 11 Franklin Street in New Bedford.

1:12:10

Hereby submitting a copy of the application requesting a new private livery license to carry passengers for hire over the streets of New Bedford.

1:12:18

This license will expire on June 30th of next year.

1:12:21

Motion be received and placed on file and um refer to the committee on appointments and briefings.

1:12:26

Second.

1:12:26

Motion received and place on file and referred to the committee on appointments and briefings made by Councilor Baptiste, seconded by Councilor Carney.

1:12:33

Anyone on the question?

1:12:34

Seeing none, all those in favor say aye.

1:12:37

Aye.

1:12:37

Any opposed?

1:12:38

The ayes have it.

1:12:40

Motion to consent.

1:12:42

Motion to take up and adopt consent made by Councilor Gomes, seconded by Councilor Baptiste.

1:12:46

Anyone on the question?

1:12:48

Seeing none, all those in favor say aye.

1:12:50

Aye.

1:12:50

Any opposed?

1:12:52

The ayes have it.

1:12:53

Motion to adjourn, made by Councilor Abreu, seconded by Councilor Oliver.

1:12:59

All those in favor say aye.

1:13:00

Aye.

1:13:01

Any opposed?

1:13:02

The ayes have it.

1:13:03

We are adjourned at 813 post meridian.

1:13:08

That's what PM stands for, if you didn't know.

1:13:11

An anti-meridian or anti-Maridian is AM.

1:13:15

Little tidbit that for

Discussion Breakdown — Share of Meeting
Public Infrastructure█████████████████████████25%
Procedural███████████████████19%
Engineering And Infrastructure█████████████13%
Legal Affairs█████████████13%
Government Operations█████████████13%
Public Engagement███████7%
Public Safety██████6%
Personnel Matters██2%
Zoning And Land Use1%
Summary of Proceedings

New Bedford City Council Meeting - September 11, 2025

The New Bedford City Council met on Thursday, September 11, 2025, at 7:02 PM in the City Council Chamber. The meeting included public hearings on utility conduit installations, discussion of Mayor Mitchell's communications regarding the police chief appointment and zoning ordinances, several committee reports recommending no further action, and new business motions. A key point of contention was the mayor's appointment of the police chief without council confirmation, leading to a motion to take no further action. Two zoning ordinances from the mayor were tabled by the council in protest.

Consent Calendar

  • C1-C6: Citations honoring Little People's College and three new police officers, street closure requests (Sycamore Street block party and Johnny Cake Hill Wine Festival), a constable bond for Antwaun Murphy, and receipt of meeting minutes from various boards. All were approved or received and placed on file.
  • C7-C39: Street obstructions and disturbances listed for various locations (e.g., 741 Purchase Street, County Street, etc.) were received and placed on file.
  • C40-C41: Petitions from Eversource for conduit locations on Wood Street and Orchard Street were received and hearings ordered for September 25, 2025.

Public Comments & Testimony

  • Lee McGill (3 North Street, property owner at 2031 and 2071 Purchase Street) spoke in opposition to items 6 and 7 (Verizon/MassDOT conduit projects). He complained that contractors (Eversource, Verizon, DW White) had repeatedly damaged his property, parked on his land without permission, and failed to restore conditions. He requested coordination and accountability, and asked for a meeting with city officials. The council noted his concerns and committed to facilitating a meeting with DPI and MassDOT.
  • William Maniatis (23 7th Street) spoke during the first Eversource hearing, raising concerns about tree limbs growing into power lines on his property and asking if the conduit work could address it. Eversource representative Jessica Elder said she would follow up.

Discussion Items

  • Hearings 1-7: Utility conduit requests (Eversource and Verizon) were presented and approved after public hearings. For items 6 and 7 (Verizon/MassDOT), a stipulation was added that Verizon must coordinate with the affected property owner (Mr. McGill) on scheduling and property use.
  • M1 – Police Chief Appointment: Mayor Mitchell submitted a letter stating his appointment of the police chief is not subject to council confirmation. Councillors debated at length: Councillors Pereira, Morad, Abreu, Oliver, and Gomes all argued that the council has charter-given confirmation authority over department heads. City Attorney Garatowski opined that the chief cannot legally serve without council confirmation. The council voted 10-0 to take no further action on the communication, signaling their refusal to accept the mayor's position without a formal submission for confirmation.
  • M2 (Solar Energy Systems ordinance) and M3 (Accessory Dwelling Units ordinance): Councillor Morad moved to table both items, stating the council would not process the mayor's zoning proposals until the administration shows respect to the council regarding the police chief issue. Both were tabled unanimously.
  • M4 – Reappointment of Sean Carney to Conservation Commission: Approved with a roll call vote of 10-0.
  • Items 8-16A: A special permit for a club at 34 Beetle Street (Casa Do Benfica) was granted. Committee reports recommending no further action on various motions (rat burrows at E.L. Harvey, signage at Wilks Library, ARPA funds for speed limit signs, special permit authority, body art ordinance, tax/fee ordinance, abutter lots program, EMS enterprise fund) were all adopted with no further action.
  • Items 17-20: New business motions were referred to committees:
    • Item 17 (Councillor Oliver): Review tax exemption eligibility age from 70 to 65, referred to Finance.
    • Item 18 (Councillors Abreu et al.): City voluntary benefits package, referred to Appointments & Briefings.
    • Item 19 (Councillors Abreu et al.): Prescription drug plan savings options, referred to Appointments & Briefings.
    • Item 20: New livery license application for New Bedford Transportation LLC, referred to Appointments & Briefings.
  • Tabled Agenda: A livery license renewal for Gerana’s Transportation Inc. was not discussed (remained tabled from March 13, 2025).

Key Outcomes

  • Police Chief Confirmation: The council took no further action on Mayor Mitchell’s communication, effectively rejecting his position and signaling readiness for legal resolution. The matter remains unresolved.
  • Zoning Ordinances Tabled: Both the solar energy systems ordinance and the accessory dwelling units ordinance were tabled by unanimous vote (10-0) in a protest over the police chief issue.
  • Utility Conduit Hearings Approved: All seven hearings were approved, with items 6 and 7 containing a stipulation requiring Verizon to coordinate with the affected property owner.
  • Sean Carney Reappointment Confirmed: Unanimous roll call vote (10-0).
  • Special Permit Granted: Casa Do Benfica’s application for a club/lodge at 34 Beetle Street was approved.
  • Committee Reports Adopted: All eight committee reports recommending no further action were passed without objection.
  • New Business Referred: Four motions were referred to appropriate committees for further discussion.

Meeting Transcript

Good. We'll start in a moment, guess. Yeah. Good evening. It is Thursday, September 11th, 2025 at 702 PM. We do not have a member of the clergy, and so I'll ask that today we offer a moment of silence to honor the memory of the two thousand nine hundred seventy-seven lives lost on September eleventh, two thousand one, and the countless others who were forever changed by that day. Thank you. One nation, under God, indivisible with liberty and justice for all. Thank you. I want to note that this meeting is being live streamed and recorded. I'll ask the clerk if there's anything to be read into the record. There is not, Mr. President. Thank you. I'm joined in the council chamber tonight by my colleagues in government. Ward four counselor Derek Baptiste, Ward 3, Councillor Sean Oliver, Councillor at Large and First Vice President Naomi Carney, Councillor at Large, and Second Vice President Linda Morad, Ward Six, Councilor Ryan Pereira, Councillor at Large Brian Gomes, Ward Five, Councillor Joseph Lopes, Ward One, Councilor Leo Choquette, Ward Two, Councilor Maria Giesta, and Councillor at Large Ian Abreu. I'll ask the clerk to begin with hearings. Second. Anyone on the question? Seeing none, all those in favor say aye. Aye. Any opposed? The eyes have it. Good evening. Good evening, Mr. President, members of the City Council. Jessica Elder representing EverSource. Thank you for having me this evening. I'm sure we'd get a detail out there if it's necessary. Um I don't expect the work to take more than a day being it being such a small little area. Um that's really about it. It's pretty simple and straightforward. Any questions from the floor? And it was one handhole. I forgot. Sorry. No questions for my colleagues. Okay. So this is a public hearing. If is there anyone here that wishes to speak in favor of this project, in favor? Any wishes to speak in opposition. Okay, come to the mic. I'll just need your name and address for the record. Yeah. Good evening, ladies and gentlemen. My name is William Maniatis. Uh address is 23 7th Street, the abutting property at 21. Um, just some concerns and questions. Um the poll that the power comes from for 21 comes directly in my folks' backyard, and there is a lot of tree issues in that property that have grown over the power lines. So we have a lot of concerns about that.

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