0:39Good evening, ladies and gentlemen.
0:41It is Thursday, January 22nd, 2026 at 7 o'clock PM.
0:47Um opening of the session of the city council will be by myself, City Council President Ryan Pereira.
0:52At this time, I will ask Pastor Morgan Proudfoot of the Grace Harbor Church to lead us in prayer.
0:58Pastor Thank you for the great uh privilege of praying tonight.
1:05It's my joy and honor.
1:06I really am glad to be here.
1:07Also just want to let you know our church prays for you guys regularly.
1:12Thank you for the way you selfishly serve our city.
1:19Our God, we uh pray to you tonight and we confess that we need your help.
1:25Uh in the days that we live, it seems often as if every leadership decision is uh scrutinized without compassion and magnified under microscopes.
1:36And we often uh admit that we we don't always get every decision right.
1:41And so this evening, God, we pray for wisdom.
1:46Would you infuse these men and these women, these leaders of our city with a wisdom that is not common, but that is divine?
1:58Would you would you lead them to make decisions that lead to the flourishing of our city?
2:04Every man, woman, and child from its residents to its immigrants, God, would you cause the city to flourish, we pray.
2:13Would you remind us of what your word says in Jeremiah 29 7?
2:18That when the well-being of the city is intact, it'll be a place where the all of its peoples thrive and flourish.
2:27And so this evening, God, we pray that you would cause our city to flourish.
2:32And I pray that we would do that through leadership that leads to its well-being, that makes hard decisions for its good.
2:42God, would you give us wisdom?
2:44We pray this evening.
2:46In Jesus' name, Amen.
2:51We will be led by the in the Pledge of Allegiance by Ward II City Councillor Scott Pemberton.
3:13Thank you, Councillor.
3:19I would like to note that this meeting is being live streamed and recorded.
3:23City Council and Committee meetings can be viewed on the City of New Bedford's homepage under quick links.
3:37Councillor of Ward 1, Leo Schocat, Councillor of Ward 5, Joseph Lopes, Councillor at Large, Brian Gomes, Councillor at Large, James Roy, Councillor at Large, Naomi Carney, Councillor of Ward 3, Sean Oliver, Councillor at Large, Shane Burga.
3:53I'll ask the clerk if there are any communications to read into the record.
3:57Okay, we'll move to the hearings portion.
3:59I'll ask the clerk to read item number one.
4:01President, item one is a petition from Verizon of New England Incorporated for the location of conduit at the intersection of County Street and Allen Street.
4:09This work is necessary to provide electric service to a node attached to a light pole for wireless service.
4:15Note police details will be engaged while the work is being completed.
4:18And one A is the order.
4:35Opposed, the ayes have it.
4:37Um from Verizon, if you would state your name, please for the record.
4:41Uh James De Toronto, representing Verizon New England.
4:44And if you would give us a brief overview of the project.
4:47Uh so Verizon is petitioning to intercept an existing conduit heading north on County Street and place approximately six feet of four-inch conduit to uh meet an extinet handhole.
5:02And this is to provide service to a wireless node at the light pole on the northwest corner of County Street in Allen Street.
5:12Are there any questions?
5:14The Chair would recognize Councilor Lopes.
5:18How long is the work expected to last to start with?
5:21It should be uh single day's work.
5:24And I know it says there will be a police detail, but you are going to arrange for a police detail because that intersection is heavily traveled.
5:32So one day's work and and there will be a police detail.
5:37Thank you, Counselor.
5:38Chair recognizes Councillor Abre.
5:39Chairman, those are the exact same two questions I was going to ask, and then they have been answered.
5:45Colleagues, any other questions at this time for the petitioner?
5:51This is a public hearing.
5:52So members of the public.
5:54Anyone who would like to speak in favor of this project?
5:59Anyone of the public wishes to be recorded in favor?
6:04Would anyone like to speak in opposition of the item?
6:10Would anyone like to be recorded in opposition?
6:12Be recorded in opposition.
6:16Seeing none, the motion has been made to close the public hearing by Councillor Abrew, seconded by Counselor Oliver.
6:22All those in favor say aye.
6:24Opposed, the ayes have it.
6:26Your pleasure, colleagues?
6:29Motion to adopt the order has been made by Councillor Avery, seconded by Counselor Lopes.
6:33Any discussion on adoption?
6:35All those in favor say aye.
6:37Opposed, the ayes have it.
6:47Colleagues, without objection, the chair will take items two and three together.
6:50They are petitioned for uh work being done on the same street by Eversource.
6:56Without objection, uh the clerk to read items two and object.
6:59President, item two is a petition from NSTAR electric company doing business as EverSource Energy for the location of one handhole and approximately 70 feet of conduit in Walnut Street.
7:09This work is necessary to provide upgraded service to Walnut Street.
7:14And item three is also a petition from NSTAR electric company doing business as ever source energy for the location of approximately 38 feet of conduit in Walnut Street.
7:23This work is necessary to provide electric service to 198 Walnut Street and 3A is the order.
7:33Motion to open the public hearing has been made by Councillor Oliver, seconded by Councillor Schokap.
7:38Any discussion on opening the public hearing?
7:40All those in favor say aye.
7:42Opposed the ayes have it.
7:44Jessica, good evening.
7:46President and members of the City Council.
7:48Jessica Elder representing Eversos.
7:50As again, thank you for having me this evening.
7:52So these two jobs, although they are both on Walnut Street, are uh two different work orders, just so you know.
7:59Um we have one that is uh we're requesting which is work order 22498240, where we're installing one handhold label 8,000 over 1390e and approximately 70 feet of conduit, and it's going in the right of way on Walnut Street.
8:17Um it's underground service for the customer at 242 Walnut Street.
8:22Work shouldn't take more than a day, uh two days maximum.
8:26I don't think it will take two days, but a detail will definitely be necessary in uh we will request one obviously to make the area safe.
8:36So on that uh chair recognizes Councillor Gomes.
8:39Thank you very much, Mr.
8:41Will um you be blocking off the entire street.
8:45I haven't been noticed that.
8:49I haven't been notified that the entire street will be blocked off.
8:51I can get that information uh and get back to it.
8:54It's just important for the redirection of traffic and to make sure you're not sure.
8:58So are you requesting a detailed police officer?
9:01Yes, but are you requesting that it not be blocked?
9:04No, I am I I am just asking if it's going to entail the whole thing.
9:10The whole street being blocked.
9:12Because what as I said, Walnut is a one-way um street.
9:15So on this particular one, we're actually going on the side.
9:19We're not going across the street.
9:21So they're and how about the other one?
9:24And so the other one we are going across the street.
9:27This one is on the corner of uh Walnut Street and Pleasant Street.
9:30I think it's going to be for the customer at pace.
9:33I think that's where it is provided for for.
9:35So we're going from a manhole that is already existing and coming across Walnut Street over to uh Pleasant Street, which is right where the customers install their own handhole.
9:46So you'll be working on Pleasant and Walnut, right?
9:49So we will have a detail also.
9:50Very little on pleasant, mostly on Walnut.
9:54So most likely you will block off Walnut there.
10:01Yeah, that's because we are going completely across the street.
10:04But we'll definitely get a detail as well.
10:06Thank you very much.
10:09Thank you, Counselor.
10:15This is a public hearing similar to one.
10:18There's two items before us.
10:19So I will ask the general public if anyone would like to speak in favor, speak in favor of this item.
10:26To be recorded in favor of this item.
10:30Speak in opposition.
10:32To speak in opposition.
10:34To be recorded in opposition.
10:36To be recorded in opposition.
10:41Motion to close the public hearing?
10:42A motion to close the public hearing made by Councillor Oliver, seconded by Councillor Burgo.
10:47All those in favor say aye.
10:49Opposed the ayes have it.
10:51Adoption of the orders two and three.
10:53A motion to adopt orders two and three made by Councillor Gomes, seconded by Councillor Loops.
10:58Any discussion on adoption?
10:59All those in favor say aye.
11:01Opposed the ayes have it.
11:03Move on to mayor's papers.
11:04I will ask the clerk to read item M1.
11:07President, M1 is a communication from Mayor Mitchell to the City Council, submitting a loan order appropriating 12,610,194 for the purpose of making critically needed repairs to city-owned buildings, including but not limited to projects for the repair and renovation of public safety facilities, recreational facilities, general office space, replacement of capital equipment and vehicles, and roads and infrastructure improvements.
11:33M1A is the loan order.
11:35Motion to receive an employment file, refer to the Committee on Finance.
11:38Motion to refer to the Committee on Finance made by Councillor O'Lope, seconded by Councillor Carney.
11:42Any discussion on referral?
11:44All those in favor say aye.
11:46Opposed the ICE have it.
11:48We are on to new business now.
11:50Without objection to the makers of the next two motions, if we could read them together and take them together.
12:00I will ask the clerk to read item four and five together.
12:03President, item four is a written motion from Councillor Gomes, requesting that the City Council go on record opposing the sale of nitrous oxide canisters and cylinders within the city to anyone under the age of 21.
12:14And further, requesting that the committee on ordinances draft an ordinance to ban the sale of nitrous oxide containers and cylinders in New Bedford.
12:21This request is made in light of the increasing use and the serious and devastating effects associated with it.
12:28President, is a written motion from Councillors Abrew, Choquette, and Pemberton, requesting that the committee on ordinances consider drafting an ordinance prohibiting the sale of nitrous oxide related products to individuals under the age of 21 within the City of New Bedford in response to growing public health and safety concerns surrounding the misuse of nitrous oxide, commonly sold as whipped cream charges or similar products, which can cause serious neurological, respiratory, and long-term health harms, particularly particularly among youth, and to ensnare appropriate and to ensure appropriate enforcement provisions and any necessary exemptions for legitimate commercial or medical use are considered.
13:11Motion to refer items four and five to the Committee on Ordinances, the Mitchell administration, the Health Department Director Stephanie Sloan, Police Chief Jason Thody, and City Solicitor Eric Jakes, made by Councillor Abru.
13:24Seconded by Councillor Choquett.
13:27The Chair recognizes Councillor Abril.
13:30Thank you very much, Mr.
13:32And you know, those who know me in this room know that I am as pro-small business as they come, being one myself, but being pro-smus obviously has its limitations and its limits when it comes to the health, safety, and wellness of the community, in particular the youth of the city.
13:51We have been seeing the growing trends, unfortunately, of the use or misuse of these nitrous oxide containers.
13:59We saw an unfortunate incident that happened which resulted in a loss of life a few weeks ago here in the city, which unfortunately was linked to so we are being told right now anyway, through the investigation, the misuse of these products.
14:12You know, I am trying to be as common sense with this measure as I can.
14:17I know we would delve into this in the committee on ordinances, so my colleagues um vote in the affirmative for this tonight for this both of these items to go to the committee on ordinances where we can do the work and really kind of delve into this and roll up our sleeves.
14:32But I think the premise of an ordinance like this, and for me anyway, and I know others may want to speak for this motion addresses a couple of key items that I have just jotted down here in my notes.
14:44It addresses number one the growing public safety concern that I just talked about.
14:49Recreational misuse of the nitrous oxide.
14:52Um it's often marketed innocently, which we all know, um, as whipped cream charges, but kids are buying them, the youth are buying them, and it's become more prevalent Asianwide.
15:03So this ordinance is more of a proactive, not a reactive response.
15:07That was point one in my impetus for wanting to put this forward.
15:11Number two, in my opinion, it will reduce emergency and health care burdens.
15:16Misuse can lead to obviously emergency room calls, hospitalizations, long-term medical treatment, use of our New Bedford EMS, fire, police if you have to down 911.
15:26There's a medical emergency related to this.
15:28So that cuts that down.
15:32This will support law enforcement with clear standards.
15:36I think as I had written in my motion that was sponsored by a couple of other of my colleagues by clearly defining the age restrictions, like I had written, and I know the uh the previous motion as well has the same language pretty much for listing it as anyone under 21 years old by clearly defining age restrictions in this ordinance.
15:58Um we're giving law enforcement some mechanisms, and it gives police and regulators clear authority and guidance, and it avoids any ambiguity.
16:08Um, and uh this can hopefully improve compliance among our retailers.
16:13And point four as to why I wanted to put this forward, um, I think it balances safety with legitimate use, in my opinion.
16:19I think the motion calls for exemptions, as you can see here, for medical culinary and commercial uses, ensuring that businesses or health care providers are not unfairly impacted or targeted or adults making adult decisions.
16:35So that's kind of why I wanted to put this forward.
16:37I think it is definitely worth a conversation with the growing national problem, which we have seen it unfortunately happen here locally.
16:44And I thank you for the time, Mr.
16:46I know I'm a little over my time.
16:48You gave me a little extra, which I appreciate, but I think this warranted some really good discussion.
16:53So with that, I'll yield at this time.
16:55Thank you very much.
16:56Thank you, Councillor.
16:57The Chair recognizes Councillor Choquett.
17:03Um echo the sentiments of the esteemed colleague from Rickerson Street.
17:07Um I was shocked at the loss of life on New Year's Eve.
17:13Ums Ventura Collage lost her life tragically.
17:18And unfortunately, we can't bring her back.
17:22But it is my hope that something like this will never happen again.
17:27So we had a 16-year-old kid.
17:32Couldn't get alcohol, apparently couldn't get marijuana, because you're you're not 21, so you you can't get alcohol without being 21.
17:39You can't get out of marijuana without being 21.
17:42But you can walk into, and I won't say which store, but there's plenty of them on a cushioned avenue, and right in the display case, you have got these industrial-sized cans of jet whip.
17:55And right on it it says nitrous oxide for culinary use only.
18:00So I don't mean to come across as smarmy, but Mr.
18:04Henry Wayner doesn't buy his culinary jet whip from the gas station.
18:11A chef doesn't buy this stuff at the gas station.
18:14This is obviously packaged and used and and sold at a head shop for inhalant abuse.
18:20And my colleague from Rickardson Street indicated that you know there's all this medical stuff going on where, you know, you know, this will damage your brain, obviously.
18:31You know, nitrous oxide is the stuff they used to dilute and give to people for you know tooth extraction.
18:37Um it's some strong stuff.
18:39I mean, it will knock you in the next week for about five minutes.
18:43So there is no way somebody under the age of twenty-one should be able to purchase this.
18:48And it's my hope that we will send this to committee, we'll we'll we'll talk about it, put some restrictions in there.
18:55Hopefully it doesn't hurt small business owners too much.
18:58But we have to make sure that what happened on New Year's Eve never happens again.
19:08Thank you, Councillor Schulkett.
19:10Colleagues, any other anyone else on their question?
19:15Seeing none, the motion before us is to refer to the committee on ordinances.
19:19Mitchell Administration Health Department, police chief, and city solicitor.
19:23It's been made and duly seconded.
19:26All those in favor say aye.
19:28Opposed, the ayes have it.
19:29I will ask the clerk to read item number six.
19:32President, item six is a written motion from Councillor Oliver, requesting that the committee on appointments and briefings schedule a meeting prior to the Thursday, February 12th, 2026 City Council meeting for the purpose of allowing the residents of Illinois, Ohio, Jerry, Maryland, and Appleton Streets a forum in which they may voice any concerns regarding the proposed ordinance amending Chapter 9 of comprehensive zoning, specifically as it relates to parking requirements under the appendix C table of parking and loading requirements.
20:01Motion to receive and place on the file and refer to the Committee on Appointments and Briefings.
20:05A motion to refer the item to the Committee on Appointments and Briefing was made by Councillor Oliver, seconded by Councillor Carney.
20:14Anyone on the question?
20:16Chair recognized Councillor Oliver.
20:26As you notice, I've put this motion forward and it is not in Ward 3.
20:31I normally don't stick my nose in other wards businesses, but the residents were asking for a forum, and I saw this as an alternative in which to provide that for them.
20:43I know that the my colleague from Ward 1 is going to be having a more informal session where folks in the neighborhood can speak at one of the neighborhood meetings.
20:56But obviously there seemed to be some miscommunication as far as the knowledge that these folks had regarding an ordinance meeting.
21:08I know that there was some attempts a couple of weeks ago to either send the ordinance back or table it or whatever, but as we discussed then, that would hinder some time restraints that we had and would uh derail the the whole thing completely and all the time, effort and dollars really that went into crafting that ordinance would have been uh wasted.
21:33So this is a mechanism that we have where we can invite the citizens in of that neighborhood that have some concerns around the ordinance that has kind of been tagged as the China Buffet ordinance.
21:47This isn't the China Buffet ordinance.
21:49It's an ordinance that we are looking to adopt citywide, and I hope uh that having a more broad discussion about it will help clarify some of that and also again provide the citizens of that neighborhood the opportunity to voice their concerns surrounding that.
22:10I hope that my colleagues will consider sending it to appointments and briefings so we can hear from the neighborhood as we know that they you know they're unhappy with what what has I guess transpired.
22:21So thank you for the opportunity.
22:23Thank you, Councillor Oliver.
22:24Chair recognizes Councillor Schocat.
22:26Good evening again, Mr.
22:29I would like to thank my esteemed colleague from uh Ward 3.
22:35Um the motion speaks for itself.
22:40Um we need to have a forum for the neighbors of those streets, Ohio, Jerry, Maryland, Raymond, um, etc.
22:49Uh who felt as though they were were left out of this process.
22:54Um what uh the Ward 3 Councilor alluded to is that I'm also going to have a meeting on the coming Tuesday, January the 27th at 6 p.m.
23:08But this is going to be a separate meeting for appointments and briefings that we would have according to uh Councilor Councilor Oliver on Yeah, well it would be prior to the 12th.
23:24It would be actually next Wednesday, if I'm correct.
23:27Um so anyway, we need to make sure that we've given these folks as many you know times to speak as possible.
23:34I'll handle that first part.
23:35I'm asking for at my meeting.
23:37I'm asking for the council to allow us to have this meeting in the uh motion as written by Councilor Oliver.
23:45Um we know there's a lot of passion behind this, and whether or not um any of you agree or disagree is not the issue.
23:55Uh the purpose is to let folks speak.
23:57This is the people's house.
23:59Again, respect to Councillor Gomes.
24:02I'm not trying to steal his famous line, but he's absolutely right.
24:05Um and in the people's house, the people must be allowed to speak.
24:08So I would recommend that we allow this to be voted upon, and I thank you for your time.
24:18Thank you, Councillor Schocat.
24:20Anyone else on the question?
24:24The item is for referral to the committee on appointments and briefings.
24:27It's been made and duly seconded.
24:28All those in favor say aye.
24:31Oppose the ayes have it.
24:32I will ask the clerk to read item seven.
24:35President, item seven is a written motion from Council President Pereira.
24:38Requesting that the City Council adopt the attached proposed ordinance relative to City Council Committees.
24:447A is the ordinance.
24:48Motion to pass to a second reading has been made by Councillor Burgo, seconded by Councillor O'Lopes.
24:53Any discussion on the item before us?
24:55All those in favor say aye.
24:57Oppose the ayes have it.
25:00I will ask the clerk to read it in number eight, please.
25:02President, item eight is a written motion from Council Gomes requesting that the committee on appointments and briefings meet with the Archdiocese of Boston's Planning Office for Urban Affairs to discuss the project timeline and proposed design plan for the former St.
25:15Killian's Church property on Ashley Boulevard.
25:188A is the project timeline and design plan.
25:23A motion to refer to the committee on appointments and briefings been made by Councillor Gomes, seconded by Councillor Carney.
25:28Any discussion on the item before us?
25:31Seeing none, all those in favor say aye.
25:34Opposed, the ayes have it.
25:37I will ask the clerk to read item number nine, please.
25:40President, item nine is a communication from Ann Lauro, the preservation planner to the council regarding a building demolition review of Hathaway Road, map 121, lot 202, formally part of 805 Hathaway Road.
25:53This is a circa 1938 wood framed barn garage structure.
25:57And it's advising that the structure is associated with the Seth Hathaway family and is representative of the city's 19th century agricultural activities.
26:05The structure is not located within a National Register Historic District.
26:09The structure is of no notable historic significance, either recorded or found with the existing condition of the structure.
26:15In light of these findings, the preservation planner has determined that the wood framed barn garage structure located on Hathaway Road is neither historically significant nor is it preferably preserved.
26:26Motion to receive and place on file and grant the demolition.
26:30A motion to grant the demolition made by Councillor Oliver, seconded by Councillor Burgo.
26:34Any discussion on granting the demolition?
26:36Seeing none, all those in favor say aye.
26:39Opposed, the ayes have it.
26:40I'll ask the clerk to read item number 10.
26:42President, item 10 is communication from the clerk to the City Council.
26:46Submitting an application for a new private liberty license on behalf of Suzette Rosa DePena, doing business as TSU Transportation at 38 Trinity Street in New Bedford.
26:56This license will expire on June 30th of this year.
26:59Motion to receive and place on file and refer to the committee on appointments and briefings.
27:03Motion to refer to the committee on appointments and briefings made by Councillor Lopes.
27:06Second by Councillor Oliver.
27:09Any discussion on referral?
27:10All those in favor say aye.
27:13Opposed, the ayes have it.
27:16Should I ask the clerk to read item number 11?
27:25President, item 11 is a communication from the City Clerk to the Council.
27:28Submitting an application for a new private livery license on behalf of Christopher Okafor doing business as KIC Transportation at 27 Matty Drive in New Bedford.
27:37This license will also expire on June 30th of this year.
27:40Councillors, I will just add that uh this this applicant has had livery licenses in the past.
27:46He just let his license lapse last year.
27:48So it's technically a new license, but he's been before you before.
27:51So the motion received and place on file and grant the license.
27:55A motion to grant the license made by Councillor Oliver, seconded by Councillor Pemberton.
28:00Any discussion on the item before us?
28:04Chair recognition, Councillor Gomes.
28:06Um through you to the clerk.
28:08Um when that license expired, was he aware that it expired or he just he decided to take a year off?
28:16Is what he told our office, councillor.
28:24So the motion before us is to grant uh to approve the license.
28:28It's been made in July second.
28:30Anyone else on their quote on the question?
28:32Seeing none, all those in favor say aye.
28:35Opposed, the ayes have it.
28:39Motion to take up and adopt the consent agenda made by Councillor Abreu, seconded by Councillor Carney.
28:45All those in favor say aye.
28:47Opposed, the ayes have it.
28:50Motion to adjourn, made by Councillor Burgo.
28:52Second by Councillor Oliver.
28:54Any discussion on adjournment?
28:56All those in favor say aye.
28:58Opposed the ayes have it.
28:59We are adjourned at 7 29 p.m.