Tell me when, Dana.

Okay.

Good evening, everybody, and welcome to the meeting uh the Committee on Appointments and Briefings.

Um I am Naomi Kanye, Chair of this committee.

In the chambers we have Council at Large and Abreu, Council Ward 2, Scott Pemberton, Councilward 1, Leo Choquette, Council Ward 5, Joseph Lopes, Council at Lodge, Brian Gomes, Councillor from Ward 6 and Council President, Ryan Ferrara, Councillor at Large in Burgo, and Council Ward 3, Sean Oliver, thank you very much for being here.

Do we have anything to read in the record?

No.

One letter.

Right.

I don't know if you want to do this.

Oh.

I am sorry.

No.

This meeting is being live streamed and recorded.

City Council and Committee meetings can be viewed on the City of New Bedford's homepage under quick links, then meetings.

Okay.

Do we have anything to read?

Yes, no, we do.

It's a letter to yourself and the committee.

I'm writing to inform you that I expect to be late for tonight's committee meeting due to a prior commitment.

Please read this letter into the record to make my colleagues and the public aware of the reason for my delayed arrival.

It's from Council Baptist.

Moved by Councillor Oliver, second by Councillor Burgo.

All in favor say aye.

Opposed, the ayes have it.

Item number one is citizens' input time not to exceed the first thirty minutes of a meeting.

Each individual recognized is able to speak for a total of three minutes.

Number one is uh Annette Salnia.

Ms.

Solnia.

Excuse me, Ms.

Sonya, one second before I start.

I just wouldn't recognize that Councillor Roy, Councillor Latch has joined the uh the meeting.

Thank you.

I'll set whenever you're I've never done this before.

I'm a little nervous.

So I have three minutes?

Yes, you do.

Okay.

Is it start now?

Okay.

Hi.

My name is Annette.

I've been a citizen of New Bedford since 2002.

Um and I absolutely love New Bedford, even though it has its issues.

Um but today I came here really kind of wanted to speak about um I am currently oh I'm so nervous.

I'm currently um a client of a program here in the city um for people with compromised immune systems, right?

Um it's a permanent placement program.

I've been in this program, it'll be two years on March first.

Um I'm not here to say anything negative about the program.

I'm completely grateful.

Um that I have a place to live.

Um a place to get back on my feet.

Uh you know, but it doesn't come.

You know, every everything has issues.

You know, and I've been trying to do things in the appropriate manner, and I've been trying to go through the agency and I've moved out of the agency and I've gone to um community and housing development, and so now here I am.

Um of my issues are being addressed, some are not.

But I feel like you know, I need to have a voice, right?

For other people, so they don't have to go through the things that I'm going through.

I think that we need to look at some some different standards.

I think we need to look at different vetting issues for landlords for these programs.

I think that we need to have to to really look at you know, um what we qualify as standard housing practices.

Um, I mean, I don't think for people with compromised immune systems they should be put into a program where they're living with rodents and roaches and mold.

Let's throw it out there.

Um I think there should be different inspection um regulations.

I think landlords should be held to higher standards with the price of rent as it is today.

You know, I'm fortunate to not have that issue right now, you know, but for the people that are paying, you know, fifteen, eighteen, two thousand dollars a month rent to be living with some of the same circumstances that I'm living with isn't right.

You know, and I I just uh and I'm gonna learn to advocate for that.

And uh I don't know if I'm in the right spot.

I don't know if this is the right forum.

If it is, thank you for listening to me.

Um you're gonna continue to probably listen to me about this because I think it's a problem.

We're spending federal funding for multiple multiple housing units that are not up to standard.

That's a problem.

That comes out of your funding, you know, that you get from the federal government, you know, and um just because these people are when in whatever situations they're in, um, you know, uh and it may be different than mine, right?

But they still deserve s you know uh a standard of living you know, that is up to par.

That's just really all I have to say.

So if I'm in the wrong place, please point me in the right direction.

Or if there's anybody that would like to understand a little bit more about what's going on with me, I'm more than willing to have a conversation.

So thank you for allowing me the three minutes of time.

Thank you.

Is that for you?

Madam Chairman.

Yes.

If you just relate through you to the speaker that she's not in the wrong place.

This is um her government and she has the opportunity to come before us and she has just expressed some um disheartening with conditions of housing involved in Federal.

No one knows that better on the city council than myself, you, Councillor Pereira, who have been into these situations a couple of times.

So uh she can rest assured that it will be addressed.

Absolutely.

We'll get in touch with the rouse so we can find out where because we have dealt with many of those situations in the city.

Thank you.

One day is Alan Gunetto of County Street New Bedford speaking on the former Cape Verde and Youth Athletic Association.

Mr.

Gannetto.

Good evening, counselor.

Oh I'm getting taller.

Good evening.

Um I'm calling because I'm in the pursuit of uh 418 South Front Street, which is called the YA Club, owned by Roland Latender.

Um the agreement is uh right now with uh Jay Williams and his lawyer.

This is a reference to uh leasing to buy.

Okay.

Uh this is a one-year lease.

After the one year lease, I must make a decision on buying the property.

The intention of the club is to is to have a Latino um club on weekends for dancing, a community center, as far as the longshoremen are going to be moving into that commute uh uh YA well it's gonna be called something different, but the YA will be moving in there.

I have other entities on weekends because I've uh been doing a lot of uh research and I see what's going on with the Saudi East Army, how they do a wonderful job of feeding the uh the homeless on weekdays, and so we uh plan to uh address ho feeding the homeless on weekends down at this place.

Through our foundation, this is for my uncle Ben Rose, because I I head up the Ben Rose Committee.

Okay.

And of course, a lot of people know of Ben Rose, who used to be one of the biggest organizers in the area for model cities, and he just did such a good job that they named the uh Salt Forest Street Ben Rose Gardens and also the uh softball field who's named after him down on uh South Front.

Ben did a good job, but he's always telling Mr.

Alan, whatever you do when I'm gone, I'm looking for somebody to carry the torch.

Well I've done that, and I there's some people that know of that because I've done a lot of stuff in this community.

I was a mailman for 32 years, and plus I was in the military for 23, so I have a lot of experience with a lot of things.

There's a few people here that grew up with me.

I'm from uh I grew up in the park a lot of the b uh of the band club when I was um three years old.

Uh born and raised in the Bay Village, that area there.

I'm very familiar with a lot of people.

There's a lot of people that know me.

I mean, I'm just as popular as I don't know, but there's a lot of people that know me.

And the thing is, like I want to get back to the community.

I left here for a couple of years.

I moved to uh Providence, but then after I heard from a few people that said they wanted me to come back and get their programs going again.

So I plan to have a program in the West End for the kids from 7 to 14 through Mary Reposer, Monty Pac, Dennison, and I'm also going to reach out to new life.

Because new life's getting a brand new court.

But in reference to what I'm trying to say is the YA is not going to be just a club.

This is going to be a facility that people can go and say, well, certain days use for community things, like if they want to have plays, whatever.

It's not just a club, but I want to serve as the Latino community because for some reason they've been overlooked for quite a long time.

Thank you so much.

Anyone have any questions?

None.

So thank you.

One C is uh Christopher Lamontang of Hamlock New Street, New Bedford, speaking on the effects of social sanctioning.

Mr.

Lamontang.

Thank you.

Evening.

Hey, how are you doing?

Back again.

I was here a couple months ago.

Um I'm actually here to ask, and um I'm curious what the city council's role is in this city.

Um it seems most of you that I've reached out to, even that people I'm remotely close to have just completely decided to ignore the situation.

Um you chose to to lawyer up against the residents instead of help them out.

Why did we do that?

Why do we do that, Shane?

Ian.

Why'd you guys do that?

Like, why'd you why'd you just ignore me?

This started with government circumvention, procedural circumvention.

Mr.

Jakes is over here.

He's he's the root cause of the problem.

I'm asking you what your duties are in this city.

It's to check executive power, ensure procedural compliance, protect citizens' rights.

My rights have been violated in this city over and over again.

My rights were just violated today.

My four I'm pretty certain.

You know, I'm not an attorney, I'm just a resident of the city.

You know, I don't understand why you treat residents like this.

It's uncalled for.

All it takes is a little bit of communication.

We had a rat situation that really and truly could have just been an apology and a handshake and said, hey, let's handle this.

Instead, it seemed like the Department of Health decided they wanted to cover the whole thing up and and discredit its residents.

Brian, how many times have I talked to you about the correction of the public record?

This is your duty to to assist in this kind of thing.

Why aren't we getting assistance here?

Well, is it because 236 Hemlock Street is a systemic failure in this city?

Years of of of uh of drugs in and out of the building being sold.

You know, I won't tell you what happened there, but there's too many things that happened there, to be honest with you.

It's a systemic failure.

Drugs, rats, nothing but problems.

Every other house is a single family house.

You know, it seems like it's fine.

This house just gets passed by.

The landlord can do whatever he wants.

It seems like he's the landlord, the previous landlord had been doing whatever he wanted years, years prior.

Nothing has really been done.

That's what it seems.

And it just seems that you know, I'm not here to talk about just talk about the effects of social sanctioning.

I'm here to to show you them.

This is this is part of it.

What you're seeing right in front of you.

This is this is the facts of social sanctioning somebody and treating a resident the way that you have.

Joe.

Come on.

Come on, it's your duty to protect me.

My image was posted at third district court unlawfully for the public to see.

I have never committed a crime in my life.

I'm actually the plaintiff against a government official.

And it all started at Mr.

Jakes's office.

He sent me to that housing court.

And when I went to that housing court and requested that subpoena, I was assaulted by the housing specialist.

And then I'm made to look like I'm the bad guy.

I'm not the bad guy.

I can have plenty of people vouch for me in this community.

And this is no way for any resident to ever be treated.

I didn't even want to come here tonight.

As you can see, Mr.

Mello's not here tonight.

I really didn't want to come here, but I felt the need to come here to express myself in the hope that maybe you'll start doing your jobs.

Please.

He stood for that constitution.

Wholeheartedly.

He put it together.

Him and him and a few other brothers.

Let's wake up.

I don't want to have to keep coming here anymore.

Thank you.

Thank you, Chris.

Madam Chairman.

Yes.

Excuse me, I have a c I have a question for him.

Uh Chris, would you like to say at the podium?

Um Council Combs.

Chris, have I not taken your phone calls?

You have.

Haven't I listened to you?

Yes.

Haven't I told you to go to in the right direction of what you had to do originally?

They they can't help me, but you can.

You haven't completely taken care of your duties, Mr.

Gomes.

What is my duties?

Your rights are protected.

That's why you're here too.

I don't believe you've been doing you haven't you haven't helped in making the correction to the public record, which I have requested multiple times to do that.

Then that's you to do with your legal counsel.

No, I I don't no, you're the city council has a duty to assist in in in in the correction of that public record.

I'm almost certain of it.

I mean if we want we've got to do that.

Isn't that why you went to the city?

Isn't that why I sent you to the city solicitor?

The city solicitor is the one that issued the false the one that issued the false record filled with inaccuracies, Mr.

Golmes.

So what more do you want me to do at this point?

Just because you dragged me into it tonight like I'm not doing my name.

You also mentioned another call.

I don't know who else you talked to, sir.

I'm this is I'm speaking for a minute.

I don't know who else you talked to, but I've tried to help you as much as I can, and I told you that, and I've listened to you all the time.

And for you to walk in here and point me out.

Um I'm kind of disheartened with the whole thing, uh especially when I've listened to you, and I understand what you're saying, but you took some action that put you into a situation that you have to deal legally.

What did I do in the city of New Belfort?

I don't know what you did.

I wasn't there.

I I've I I've never committed a crime.

I understand.

What what action did I take that got me in a situation, Mr.

Gomes?

What are you talking about?

I um you you said you were sent to the housing court where you assaulted.

Yes.

That's not a matter that I can deal with.

And so I don't understand how a resident when a resident is a plaintiff against a government official who is the housing specialist, how I'm singled out and my image is posted at Third District Court for the public to see.

That is social sanctioning.

You painted me as a threat.

And when you do that, it evolves and I adapt to the threat.

So what you have done is created me as the threat.

You outlawed me by doing that.

This city outlawed me by doing that.

I did not do that to you.

You did not do it personally, but the city did.

And it is your duty to protect my rights.

Thank you very much.

Thank you.

All right, Chris, thank you.

Thank you, Madam Chairman.

Madam Chairman, the i i um you know I'm not gonna tolerate it.

Uh you're not gonna come in here and blast me, or no one's gonna blast me in.

I'm not gonna defend myself.

Yes.

Thank you.

Thank you.

That you see what we're dealing with.

One D is Kevin Mellow of Hemlock Street, New Bedford, speaking on public records documentation facts.

Mr.

Mellow, I believe is not here, as we were told earlier.

That completes citizens' input time.

Item number two is a public hearing continued on the application of Laguerre, Pierre Mark doing business as LNS transport for a special permit for motor vehicle sales and/or rentals and general repair at 724 Ashley Boulevard, New Bedford Mass.

The application was received on November 5th, 2025.

It was duly advertised in the Standard Times on Tuesday, December 2nd, 2025, and Tuesday, December 9th, 2025.

December 16th, 2025, a public hearing was continued the Tuesday, February 17th, 2026 at uh 7 p.m.

in the in the city council.

Your public hearing is continued.

Yes.

And I see that we have our applicant here.

Yes.

Yes.

Thank you for coming.

Okay, you can address the council and what you'd be doing.

Good evening, ladies and gentlemen.

And um I'm the owner of LNS Transport.

And um could you get close to bring the mic?

Oh, you can bring the mic up.

Stretch it up.

All right.

Much better now.

Much better.

All right.

Uh yes, I'm the owner of LNS Transport, and um before um the get me here.

So uh I had the shops uh the shop was in Bridgewater and then um rent cook was getting high, and then I decided so I have to put everything on hold and then um start saving money and get my own place, which what I did.

But before I uh bought the place, I came here to the building department and I spoke with Mr.

Matthew Silver and asked him that what can and I can't do there.

And I tell him I was gonna do a we pair and sell a car there.

He gave me a list saying that yes, you this is the list of things that you can do, and this is the list you can't do there.

So if you want to do a car lot there and a wear, yes, you can do that.

So I was like, okay, thank you very much.

So I put it with the cell and then bought the place.

But I had all the equipment that I have there, the trucks, because I transport kids to school with the seven D Vans.

I got a couple of them, and I have a couple of trucks too, because I have uh a tow truck just in case.

My vans break down, so I have to go ahead and pick them up and then repair them.

So that's what I used to do when I was at 50 Whitman Street, which is in Bridgewater.

So after I close out the sale and everything, so I was paying rent someplace and I move everything there.

So started to see what the building needs and stuff like that, as far as just like repair.

So I was starting trying to see if I can get the place clean up because he was all the roof was bad on it, water all over the place in there, nothing to be, I mean, nothing's good in there.

So uh James stopped by.

He said, Do you have a permit?

I said no.

He said, Stop everything.

So which I did, he said, Commit me at the building department at two, which I did.

I came over, he said, you need a permit, you're gonna have to see my boss, and then you're gonna tell you what to do so you can apply for a permit.

Long story short, is a commercial, come to find out I can't get the permit myself.

I have to have a contractor, which I did.

I have a contractor, I spent 40,000 to get the roof done, and the building started looking like a place.

So, but every single day I keep getting a $300 ticket saying that I'm operating without a license.

But when I came over and tell uh talk to Matthew all the time, because I work a full-time job, 6 to 6 p.m.

6 p.m.

for 6 a.m.

in the morning.

After work, when I've seen that, I come and see him.

I say, hey, tell me what I need to do.

Because my story when I first started, I need more friends than enemies.

I'm raising my family in the city, and I move here and I love it.

That's why I want to have my business here.

If I need to do anything to get the license, I'm down for it.

Just tell me what I have to do.

He was like, Well, all those trucks you uh cars you have there, they gotta go.

I said, Well, they all belong to my business.

I can't take them and put them away because I don't have any other places because the guy I rent before I pay for the place was treating me really bad.

So I said, once I get my own place now, I think I feel the need to move everything out, and I'm paying a mortgage on the place, so I can't afford plus my house, my family, to get another place to move those.

But what I need to do to get my license to be okay with the city of New Bedford, I'm down for it.

But every time I come, and the same story, $300 on my door, $200 on my door, so I don't know what to do.

So I came back and I tell him, Matthew, what do I need to do to get this license, special permit that you were telling me?

He was like, Well, you gotta move those truck.

I said, I bought all my titles.

I said, if you see one of those cars on the lot belong to a customer or somebody, I have the title with me, and I showed to everybody, this is mine.

I prove him all equipment that's there belong to me.

So he said, okay.

I said, they told me, go ahead and do what's he calling appeal for uh two tickets, and then um I will hear from him.

Three o'clock in the morning, I work night shift.

I'm in the lookout, he has my email address.

I received that okay package for me to go apply.

The same day I finished working at six in the morning.

First time I cut first place I come is here when uh before I go home.

And I came, go to the um the next store office, see Angelic uh Taylor, she'd tell me this is the process which you need to apply for, and I give she said it's gonna be a check for 700.

It's gonna be a new process.

I said, I don't, I have no problem.

I just want to be legal and just want to do things the right way because I don't want to have any problem with the city.

So I signed a check and give it to her.

Long story short again, sadly for me, I have a son that has slip apnea, so the I had an appointment on the 17th of December.

So my appointment here was the 16th.

I got it mixed up.

So it's in BMC Boston Medical Center in Boston, so I'm like, I'm planning on 17 says, okay, I'm gonna take my son to the doctor's appointment, see the specialist.

When I'm done, I'm coming over, take a look, check with her because she told me you come see if the meeting is gonna still go on for night.

I'm like, yes.

When I came, she was like, oh, that's why they didn't close it.

You didn't come, you was yesterday.

I'm like, oh my god, something I've been waiting for, and sadly for me, it happens.

It has nothing to do with the city.

That's my mistake.

They I'm like, okay, no problem.

While I'm going home, I went to my place over, always take a look and see how everything's there.

Because I have a lot of things over there.

So I saw a lady with a ticket, 300 bucks put in there.

I'm like, wow, I just met the missed the meeting yesterday.

You already put in a ticket.

She was like, don't kill the messenger.

I said, why would I kill the messenger?

It has nothing to do with you.

That was my fault, and I missed it, so it's okay.

But I sent an email to Matthew and Danny, because they are the two names that send me the package.

I explained them.

What do you guys want me to do?

So until it comes to 16.

So you guys gonna keep putting ticket on my door saying that I'm operating when I don't do nothing.

Every time I walk over, somebody put a ticket over it.

I don't go there no more.

Excuse me.

Do you want to hold off a second?

So um you're talking about a building department and your special permit.

We do have the the commissioner here.

Yes.

So I think uh you I had have you done all your paperwork for your special permit.

Done.

It's it's that's the meeting now to move me to the next level.

Okay, right, exactly.

So you're all set with all your paperwork.

Yes.

Okay.

So that's what we've got before us is for your special permit.

Yes.

But at the same time, but I've been getting nailed with that $300 ticket on a daily basis, pretty much like maybe ten or seven of them at the door.

Right.

Every day.

Okay.

So um can we hear from the commissioner to find out what's going on with the special permit?

Could you have a seat for a minute?

I'll call you back up if you need you.

Okay, Commissioner, could you just give us an explanation about his special permits?

He all set.

No, special permits gonna be um voted on by counsel tonight.

Right.

We sent him a letter back in October the 10th.

We had numerous complaints through the neighborhood.

He parked tow trucks that were leaking oil and gasoline on on the streets, on the parking lot.

So we told him um you can't park your cars here.

You can only have one unregistered vehicle here.

Uh he said that he couldn't move them.

The letter says to move them immediately upon receipt of the letter.

He didn't do it, and we had to give him the tickets.

The neighborhood was complaining constantly.

If you go by there right now, the trucks are still there.

He cleaned up uh some of the trucks off the sidewalk.

But if you go down there, you can still see once the snow's gone that there was um uh fluids that were leaking from his car.

I don't know if it was gasoline or kerosene, and we sent conservation down there to look at it also.

So it's not like he just had some nice pretty trucks over there.

He had trucks that were leaking, trucks that were damaged.

Uh we told him you can't put him there until you get a license from this board.

He didn't listen, so now he's trying to tell you that Matthew said this and that.

I'm not gonna speak for Matthew, but if you want, I'll make a copy of this so you you you can all read what statutes that he was um in violation of.

It's um two pages full.

So right now everything's in order for him to get a special permit.

Have you checked out the facility?

If you the the building is he's not gonna be able to to repair cars in there, he doesn't have uh um MDC trap.

Okay, because it's for the special permit is for the sales and general repairs.

If he puts an MDC trap in there, he'll be able to do repairs.

So right now he can't do the general repairs because he does not have that trap that you're looking for.

Correct.

But he does have um room for vehicles there.

I think the um site plan shows six or seven in the front.

Yeah, it shows um seven.

Seven vehicles.

Seven vehicles in the front.

Does any counselors you have any questions for the commissioner?

Council.

So, Danny, just for clarification, if we're gonna do this, should we amend the application request to just be vehicle sales and rentals and remove the general repairs until the proper traps are installed?

Yes, sir.

Thank you, Commissioner.

So at the appropriate time, can we amend the public hearing request?

Thank you.

Okay, Council Gomes.

Thank you, Madam Chairman.

Dan, I'm being told there is a trap in there.

Well, have we been in the building?

No.

Have we been into that building?

No.

We couldn't get in the building.

The building inside the roof.

I understand that.

And inside, uh everything is bare inside there.

So if there is an MDC trap in there, we'll go and he's going to have to prove it in the Department of Um DPI will go in there and check it out.

He'll have to get a permit through them also, because they got to check it four times a year.

They don't have it on record, and we don't have anything on record.

That there's an MDC trap in there.

Okay.

Thank you.

Thank you, Councillor Domes.

Council All of the President.

Thank you, madam.

Chair.

Danny.

If we amend it, right, he can always continue on and and go the route to to get that the permit that he needs from DPI.

And you you got uh they'll go in there and take a look to see if there is one first, or how does that work?

Because you have to pull the percause if he's saying that there's one in there.

You don't have anything on record and they don't have anything on record and there is one in there, well what's the you know what happens is um DPI will check it once our plumber goes in to make sure that it's it's installed correctly.

And they what they usually do is they fill it up with water and see how it drains out, make sure that it's going into the right system.

Yep and if if there is one there and you don't have one on record, and neither does DPI, what's the procedure after that?

He would have to put he would have to install one.

Even if there is one there?

No, if there's one in there.

That you don't have on record and DPI doesn't have on record.

They would have to it had it would have to be um checked to make sure that it's working properly.

If it's working properly, he's okay.

Okay.

Um that was one thing.

And then if it is work if we if we make the amendment and it is working properly, he would then have to just go to DPI to make sure that DPI would DPI usually piggybacks on our inspection.

So uh one of our you would go first.

Yeah, one of our plumbing inspectors would go and then would call DPI and they they would come and check also.

Yeah.

So if we approve it today with the mar with the amendment, what would he have to do to get you there to take a look at it?

Open the door and let us in, make an appointment.

Okay.

If if the gentleman speaks to you before he leaves, you will be able to make that happen?

Yes, sir.

Okay.

And then um, is there anything else that needs to be addressed for him to at least store his vehicles on property if we approve it today?

Is he can store his vehicles there with no problem?

If you uh well, it's gonna be a uh 20-day right to appeal.

Right.

Okay.

All right, that's it.

Thank you.

Thank you, Danny.

Thank you, Council Oliver.

Council Abrew.

Thank you, Madam Chair.

Hi, Danny.

Um, this property was the former Bob Nichols gas station.

Um that's correct.

I mean, it was there for since I was a child.

I mean, it was there for over thirty years, I think.

I mean you would think that they had an MDC trap in there, right?

If they were operating for 30 plus years, correct?

I don't know.

MDC traps came a lot later.

Oh, did they?

Okay.

Yeah.

I lived on Branscombe Street and I had my cars repaired there.

So you know the deal, so did my grandfather, so yeah.

Yeah.

So uh I'm not quite sure if there's one in there or not, but years ago when they made the um the the they weren't environmentalist.

So when they they made a a repair, um they usually just took the oil and dumped it outside.

So wonderful.

It's a different world today.

Yeah, thank God.

All right.

No, I just wasn't sure the history of that.

You know what I mean?

How it was disposed.

So MDCs came in uh it's been here as long as I've been here, ten years, but uh uh uh how long, fifteen, twenty years they have been in existence.

That's been there well that building's been there for a good fifty-five years, sixty years.

Okay.

So when it was built, I don't think they put one in.

They weren't gonna spend the extra money putting it in.

Ums might have put it in, but I don't have uh anything on on the plumbing record that he did or a plumbing permit.

I certainly support something going there.

It's been a dilapidated eyesore for a long time.

I agree.

You know, and I know you agree.

We remember the last time that this gentleman didn't show, we had the neighbors complaining.

There was a person in here.

I don't know if he's in here tonight.

Yeah.

But um he did complain about.

Well, you have got to be a good corporate steward, right?

And regardless, right?

We were pro business, but you've got to be you've got to do right by the neighborhood, uh, right?

So when you get in complaints, it's my job to go down there and make sure my inspectors inspect it, and that's what we did.

No, I appreciate you.

Thank you.

Thank you, Madam Chair.

I'll yield.

Thank you, Councillor Avery.

Council Virgo.

Thank you.

Uh after it goes through the City Council, does it not also go before the licensing board as well for a review?

No, usually when it gets approved by this board, it just goes through and they approve it.

Face value.

The licensing board just approves it at face value.

They don't do any b uh background checks, they don't do any other review.

I can't speak for them what they do.

I know that's what you just did.

You said that they disapprove at face value.

Well, face value too, but I don't know what's going to happen when they go and he goes in front of them.

I don't know if they could come to the remote.

But there is a process that he has to go before them to receive something as well.

So there is another step after us for an approval process is what I'm asking.

I think he to be more direct.

I think he went to them also.

Okay, I'll get clarification on that.

Um is my understanding that they come to us first for a special permit if we clear them, then they go to the licensing board after that.

But the only reason why I'm asking that is just because of the concern over this MDC trap, instead of because my concern is if there ends up being an MDC trap and then we amended it to not allow general repair, would he then have to come back to us for us to then allow general repair?

And so then that would further delay this as opposed to just saying we're going to allow this to go through as is with the guardrail that he's gonna have to go now before the licensing board and let them be aware that this needs to be checked before they approve it.

As soon as he comes in for a building permit, it gets sent to licensing.

She put it on hold until this meeting.

So if this board turns this council turns or turns around and says it's okay, then she'll she'll wait for the 20 days and then she'll approve it and then it will go in front of her board probably.

Yes.

Okay, so then that means they have not taken any action on this.

Okay, so then that answers my question.

So for the body that's here listening, my recommendation would then be if we're still looking into I wouldn't make any amendment to this and instead allow the licensing board to do their job and instead of clogging this up longer than it already has been since November, allow this to go through as is and allow the licensing board the time to reject it if he doesn't have the MDC trap, because then that would kick it back.

If you don't if you don't approve it today, he's gonna get a ticket tomorrow.

That's exactly so I'm saying we should approve it as is.

Just so I can again clarify here, we should approve this as is.

And if it if he doesn't let you in and show you that he has those MDC traps as he's saying right now to us that he has it, he's saying that you're lying that we do have it, that you can come in, he's gonna let you in and see it.

When he does open those doors and show shows you that he has what he's supposed to have, then the licensing board can go ahead and clear the way.

But if he opens those doors and it shows actually no, you don't have what we have, then that's when the licensing board can say, oh, actually no, we're rejecting this.

That's what I'm saying to you right now.

Okay.

Yeah.

So that would be the better thing.

And instead of using this and delaying it longer, I don't get a pleasure of having a lot of people.

No, I'm not saying for you, but I think that's a good idea before my colleagues that might want to amend this and delay it longer than it already has been delayed.

This gentleman, as he mentioned, is already paying all this money.

We've tried to take action before.

This is something that the city council never dabbled in until I think maybe 15 years ago.

And now businesses are paying $700 to the City Council.

I think it's almost $700 to the licensing board, so businesses have to pay all this money to come before us, go before the licensing board, all this red tape for whatever reason.

So I just wanted to make sure that there is that safeguard for us to approve this tonight.

And if he is not telling the truth about these MDC traps, then the licensing board can catch this and deny it.

That's all I wanted to make sure that that was clear for everyone here.

Thank you.

You're welcome.

Council.

Can I speak to Attorney Garatowski?

Absolutely.

Thank you.

So Attorney Garatowski, while you're walking up, my question to you is can we approve tonight the license for sales and rentals, sever general repair.

If he does have the traps in place and they test where they're appropriate, then he doesn't have to pay the $700 to the two departments, and we can grant the license then for the general repair.

When you say then meaning what?

After he gets the after the building commissioner and the plumber from the building department goes there and DPI goes there, they give us the okay that yes it's there or no it's not.

And then at that time we can just approve the other part of the license.

So I think I think you could bifurcate the two things, right?

Because in the in the zoning code, they're they're two separate things.

If you want to do motor vehicle sales, you have to get a special permit.

That's one line of the chart that requires the permit.

Then there's another one for general repairs.

That also requires a special permit.

So even though those two activities seem to be lumped in, you could probably bifurcate them and say, we're going to grant the special permit um for um for the motor vehicle sales if you want to let that one go to the council.

And then with respect to the a permit for the um for the general repairs.

You could table that and leave it in in the committee.

Would we need to continue it because it's a public hearing calling?

Well, you could close the hearing and then just continue it to make sure that the building department comes before you before you send it to the council and say here he does have the MDC trap.

You could require that only.

Or you could continue the hearing for purposes only of the um general repairs if you want to continue the hearing.

Um but you could have the whole hearing, hear out all the issues, close the hearings, and then say our only issue is with the with the trap that that it seems to be missing or no record of it.

You could do it that way.

So would you recommend in my head I'm thinking we approve vehicle sales in general and vehicle sales and rentals, continue the public hearing only for the general repair item.

When we get the final okay from the building commissioner and DPI, then we have we hear that just one item.

Right.

You'd want to close any testimony or evidence with respect to the motor vehicle sales.

And that the continue the hearing narrow with the narrow um perspective of just general repairs.

But you you could make you know how to make the motion.

But you could bifurcate them, I think, because they are separate pieces of the zoning code.

Perfect.

Thank you, Commissioner.

Thank you, Madam Chair.

Don't go anyway there.

I think Council Loebs.

Counseling David.

Council Gombs.

Thank you.

David, if we just sent this through the way we've got it tonight, with um the doors open tomorrow, letting the city in, and he's got the trap there in its function.

Can we do it that way?

Well, you you could make it you could approve it with the condition that the building department um reports to the council that a satisfactory MDC trap was available within the next how many months.

Because let's say there isn't one, but you want to allow him time to put one in.

I don't know how much time that would take.

Um so you might you might say approval upon the building department being satisfied that there's an MDC trap within the next, I don't know how many months you want to give somebody to put it in.

Um if it's there tomorrow, then the council can adopt it and it's already in.

Okay.

So it's an easy uh an easy fix here.

Um pass this through with uh stipulation that uh inspection is done to make sure the trap is there and um Yeah, you could do that too, conditioning the the permit for the general repairs to a mdc trap being um satisfied satisfactory installed by the um and approved by the um departments and that they notify you that that that has occurred.

Thank you.

You could do that too.

I hope the clerk got some of that.

Thank you.

Thank you, Councillor Gomes.

That would be my motion.

Counselor Pereira.

Yeah, so so just to recap, we're gonna I'm not gonna say this any more times, but first of all, there's nine days until the City Council is the only uh authority in this.

So the commit the city council has to take final action.

That's not until next week.

That's correct.

Okay.

And then the second thing is we can write out approve the motor vehicle sales, and then the second part, we can always contingent general repair approval based on uh approval of an MDC trap.

You could do it that way, yes.

Perfect.

Thank you there's a number of different ways you could go about it, but that's a way that you could do it.

Perfect.

Thank you, madam.

Okay.

Councilor Council Burger?

Councilor Perrus said what I wanted to say.

You have nine days all of the final action.

Thank you.

Everybody's kind of saying the same thing.

Also, someone throw another, I'm gonna throw another one in here.

We could approve it now, right?

They can go in there and check it.

If it's there, it's all said and done, it's fine.

If it's not there, the council can then amend it for at final approval, right?

Approve it now as is.

Yes.

They go there, take a look at it.

Yeah.

It's there.

City council meeting comes up, we approve it as is.

If it's not there, he doesn't get the license for it, correct?

And it could be amended on the council floor.

Excuse me.

I I'd like to counselor like to I I believe he wants contingent upon the tramp.

Exactly.

Let him ask this question.

I thought he was done.

But he didn't answer the president.

He didn't answer.

So uh just so I understand your question.

So you're saying approve it as is.

Just say blanket approval.

Yeah, it's approved right now.

Then you the building commissioner gives you an answer before the council meeting, and you say, oh, by the way, members of the council, we he didn't have the trap.

We can amend it to require be put in.

You amend it on the case.

Yes, you could do it that way as well.

So there's a number of ways to skin the cat here.

That will be a question for the villains.

Okay.

Thank you.

That's all I have for uh Attorney General Towski, thank you.

Council April.

Thank you, Madam Chair.

I mean, I I'm hearing with my friend from War Three is saying, but I guess the million dollar question is, Danny, uh, would you mind coming up?

Can we even guarantee you to get there between now and the next meeting?

If you're on the record saying yes, then I'm okay.

But if you can't guarantee it, then it's too risky.

Yeah, we can guarantee it.

You're on the record.

Okay, very good.

You can get to them between now and the next meeting.

So if you approve this tonight, you'll get there and you'll have a ruling for us so when we take a final vote of action next week, we'll know what's going on.

Up or down.

Sure.

Okay.

Good enough for me.

Thank you, Madam Chair.

I'll yield.

Counselor, Madam Chair, just say just a quick statement.

The gentleman has said to me twice as I turn to him.

The door will be open to the city tomorrow.

Whenever they want to get in.

No one has been in.

Okay.

Thank you.

Council Lopes.

So I'm not going to ask you to speak for the DPI Commissioner, but it also needs to be tested as well, correct?

So it's not just it's physically there.

Both it has to be tested to make sure that it's compliant with the current EPA standards, correct?

It could be just a drain.

So the plumber will make sure that it's an MDC trap, and then he's going to test it.

So how long does it take to complete the test?

Uh probably 48 hours.

And then DPI has to go in after you've tested it, correct?

Or before you test it?

He would have to go and um talk to the people at DPI to fill out uh uh an application because it's going to be quarterly inspections.

So without having a member of DPI here, just because you can get there, we have no idea if DPI is going to be able to get there to review it as well.

Well, they wouldn't go there unless there is unless you tested it.

Yeah.

If there's there's none there, there's no need for them to show up.

Thank you, Commissioner.

Thank you, Council Lopes.

Anybody else need to speak to the attorney?

Commissioner or applicant?

Seeing none, let's move over to the second part of the public hearing.

Does anybody want to speak in favor of this petitioner, speak in favor?

Who has not?

Does anybody be want to be recorded in favor, be recorded in favor?

Does anybody want to speak in opposition?

Speak in opposition?

Does anybody want to be recorded in opposition?

Saying none of the entertainment motion to close the public hearing?

Made by Council Burgo, second by Council Oliver.

All in favor say aye.

Opposed, the ayes have it.

Council Loebs.

I make a motion that we approve the vehicle sales and rentals.

And if we receive communication back from the building commissioner by our 20 February 26th, I think it is our city council meeting, then we can approve the general repair at that time.

So make it one, the general sales and rentals.

That way he can get everything going, no more tickets.

We approve that.

If the trap is there and it's been tested, then we can approve that as well.

So a tentative approval for the general repair once we hear back from the building commissioner.

So that would be upon the umkay.

Okay.

Do I have a second?

Second by Councillor Gomes.

On the question, Councillor Burgo.

Um I I just think this is an unnecessary step to do.

Again, not only do we have the safety net of this not taking final action until February 26th, we have the licensing board, which meets on February 19th this month, and then which means that it won't make it to their agenda for this month.

Um it would be kicked to March.

So even if we you know, as my colleague from Ward 5 is concerned about not having this test done by February 26th, we really have until March, if by final action isn't take place for us here in City Council.

The added safeguard is the licensing board.

If for some reason these tests aren't done by February 26th, which I can't imagine this quick 48-hour test isn't done within nine days, uh, we would have within some time in March.

I think it's the third Thursday in March.

So there's plenty of time.

This applicant has been waiting since November 5th of 2025 and has been accruing so much money.

We don't need to make all these amendments.

That is why we should vote no on this.

He will get his special permit contingent upon the satisfactory of the trap.

So if per chance DPI goes there tomorrow, I'm withdrawing and says, I mean, the building department goes there and says the trap is all set, there's nothing to be done.

He will get his approval on the next city council meeting, and they would not have to wait.

It's only if the trap is not in place that this would cause a problem.

Madam Chair, I withdraw my second.

Okay, so there's a council gomme says withdrawn the second.

Does anybody else want to second council loops motion?

If not, I have a motion referral to the full city council for approval.

Roll call.

Council Avery, second by who uh made by council burgo, second by council abroad.

This is with no contingence on it.

This is to refer to the full city council for approval.

Councillor Abreu?

Yes.

Yes, Councillor Abreu, Council Burgo?

Yes.

Yes, Council Burgo, Council Carney?

No.

No, Council Carney, Council Triquette.

Yes.

Yes, Council Turquette, Councillor Gomes?

Yes.

Yes, Council Gomes, Council Lopes?

No.

No, Council Lopes, Council Oliver.

Yes.

Yes, Council Oliver, Council Pemberton.

Yes.

Yes, Council Pemberton, Council Pereira.

Yes.

Yes, Council Perra, Council Roy.

Yes.

Yes.

That passes 8 to 2.

Motion passes 8 to 2.

So that will be uh heard by the full city council on the 26th.

Okay.

Okay.

Well, moving on.

All right.

Item number three is before you.

It's a communication, Mayor Mitchell to the City Council submitting the appointment of Christopher Jose Escobar of New Bedford to the Veterans Advisory Board replacing Christopher Holkamp, who has resigned.

This term will expire December 2026.

It was referred here on December 11, 2025.

Mr.

Escobar.

Is Mr.

Esclav in the chambers?

Mr.

Escobar.

Motion been made to table Council Avery, seconded by Councillor Oliver.

Pass voice form.

Number four is a communication, Mayor Mitchell to the City Council submitting the appointment of Jeffrey David Foisey, uh, New Bedford as a constable.

Uh was referred here on December 11, 2025.

4A is the application referred here on the same date.

Four and four A are now before you.

Second.

Motion made by Councillor Abreu.

Second by Councillor Oliver.

All in favor say aye.

Aye.

Mr.

Foisey.

Hello, Mr.

Foise.

Hi.

Tell us about yourself.

Uh I've lived in the city my entire life.

Um I uh volunteered down at the softball league for uh girls' softball down in Brooklyn Park for about 18 years.

Uh service technician in the city here, do a lot of work in the courts in the city hall here, and looking to do a process server in the city for Nies and Latimer and Vandal's Constable Service.

Council Oliver, thank you.

And you're first.

Um you answered one of my questions, so you're gonna be working underneath somebody else for okay.

Um have you ever done this type of work before?

I've gone out with them before, and I'm a constable in the Haven.

Okay.

So you are a constable somewhere else, yes.

Yes.

Okay, so that's good.

Um because most people they don't know what they're getting into when they're doing it, there's no real handbook for it or anything like that.

So it's good to hear that you're um uh a constable somewhere else and that you're gonna be working underneath someone in the meantime in the city.

So um my concerns are have been answered just knowing that information alone.

So thank you.

I yield.

Thank you, Council Oliver.

Anybody else?

Anybody else?

Motion to grant motion to grant the appointment.

Motion made by Council Oliver to grant the appointment, second by counselor April.

All in favor say aye.

Aye.

Opposed, the ayes have it.

Thank you.

That'll go before the full city council on the 26th of February.

For the final approval.

Item number five is a communication, Mayor Mitchell to the City Council submitting the appointment of Daniel Luis Reyes.

Ortiz, New Bedford Mass as a constable.

It was referred here on January 8th, 2026.

5A is the application, which was received on the same day.

5 and 5A are now before you.

Motion received a place on file.

Motion made by Council Oliver.

Second by Councillor Virgo.

All in favor say aye.

Aye.

Opposed?

The ayes have it.

Hello, good evening, everyone.

My name is Daniel Ortiz.

I'm born and raised here in the city of New Bedford.

I'm a married man of over 24 years to my high school sweetheart.

We have one child, a girl.

She's a handful.

She thinks she's my boss.

She is.

I work for them for the last 18 years plus.

And this move here is to take a step towards bettering myself and bettering my family.

And whether I decide to do this part-time or full-time, I will still be serving the city of New Bedford.

Thank you.

Thank you.

Council Abe.

Council Abrew.

Thank you.

Yes.

I think you're about as slam dunk of an applicant I've ever seen for a constable.

So I have nothing to ask you.

I'm just going to wish you well.

I'll be voting for you tonight.

Best of luck to you, sir.

Thank you.

Madam Chair, I'll yield.

Thank you, Council Abrew.

Anybody else?

Motion referred to the full city council.

Motion made by Councillor Gomes.

Second by Council Oliver.

All in favor say aye.

Aye.

Oppose the ayes have it.

Thank you.

And we will be reporting that out to the full city council on February February 26th.

And you should be outset.

Number six is a petition, Casey Swift and Justin Swift.

He's Freetown.

Uh doing business uh Swift sales at uh 127 West Rodney French Boulevard, New Bedford Mass, requesting a waiver of residency in accordance with section 15-38 of the city code to obtain a license to deal in junk old medals or any other second-hand articles.

It was referred here on November 13, 2025.

On December 16, 2025, it remained in committee.

Motion made to receive and place on file made by Councillor Burgo.

Seconded by Council Oliver.

All in favor say aye.

Opposed the ayes have it.

The Swifts are here.

Mr.

and Mrs.

Swift?

Mr.

and Mrs.

Swift.

No.

Okay.

Motion made to table made by Councillor Abrew.

Second by Councillor Pereira.

All in favor say aye.

Opposed, the ayes have it.

Number seven is a communication to City Clerk, Clerk of the City Council submitting an application for a new private livery license on behalf of Celestin Wilkins.

New Bedford Mass doing business as Chris Transportation of one Warwick Street New Bedford Mass, license to expire on June 30th, uh 2026.

Number seven is now before you.

Motion is the place.

Opposed, the ayes have it.

Um Celestin Wilkin.

Wilken.

Wilken.

Okay.

Can I entertain the motion to table?

Motion to table made by Council Pereira.

Second by Council Abreu.

All in favor say aye.

Opposed, the ayes have it.

Number eight is a communication.

City clerk, clerk of the city council submitting an application for a new private livery license on behalf of Suzette Rosa Topina, doing business as TS Suzette Transportation.

38 Trinity Street New Bedford Mass license to expire on June 30th, 2026.

And number eight is now before you.

I see Suzette Rosa DePina is here with us.

Motion to receive and place on file would be in order.

Motion to receive and place on five, made by Councillor Roy.

Roy, seconded by Counselor Choquette.

All in favor say aye.

Opposed, the ayes have it.

Okay.

Would you like to tell us a little bit about your business?

Hi, good night.

My name is Susetta Ripina.

Okay, I'll be talking to you.

Okay, yeah, just bring the microphone up so we can hear.

Okay.

So she said her name is Suzette Pina.

Can I just have your name now?

Your name, sorry.

Oh, I'm Tieri Uizy.

T-I-T-I-S-C-Y.

Yes.

Could you spell your last name for me, please?

U W I Z E Y E.

Thank you very much.

Okay.

Just bring the microphone up so we can get you.

Okay.

Okay.

Floor's yours.

Okay, she's here for the um uh livery license for uh school bus and medical transportation.

Okay.

Councillor Abril.

Thank you, madam chair.

Hi, good evening.

Um would you mind just asking her if you don't mind?

Uh is she looking to just do this herself?

There'll be people of whom she's going to apply.

I'm just curious uh and what made her want to get into this business.

Okay.

Uh Mustafa or Bush IMF has it was a gifts in the city business.

Uh okay, she says she walked for popular transportation for a few times.

And she lacks the job, she likes to walk with kids, so she decides to open her own business.

Okay, thank you.

Tell her I said good luck.

Thank you, madam.

Thank you.

Anyone else?

Nothing.

Council Loops.

So her paperwork says she's gonna have uh two vehicles, one employee.

Are those vehicles gonna be parked on the street or off the street?

Okay, is the flamabooslim up within those car?

Uh those cartaparanastra or not.

Not driving.

On the driveway.

Thank you.

Thank you, madam chair.

Thank you, Council Lopes.

Anybody else?

Motion will be referred to the full city.

Second.

Motion made to refer to the full city council for approval, made by Councillor Gomes.

Second by Councillor Loebs.

All in favor say aye.

Aye.

Opposed, the ayes have it.

Okay.

We're gonna report out with a favorable recommendation.

It'll be on uh February 26th council agenda.

Thank you.

And good luck.

Okay, thank you.

Thank you.

Number nine is communication, Council Gomes submitting a host community agreement proposal application on behalf of Shamar James, founder CEO of THC Connect LLC doing business as House of Diesel, seeking to operate a co a co-located adult use marijuana retail and product manufacturing establishment at 301 Herman Melville Boulevard, New Bedford Mass was referred to on January 23rd, 2025.

February 18th, 2025 it was tabled.

September 16, 2025, it was tabled with a related motion.

That a letter be sent to the CCC staff asking why they did not attend uh the meeting and request that the mayor reconvene the HCA screening committee as soon as possible.

November 18th, 2025 it was tabled on December 9th, 2025.

It was tabled uh with a related motion uh that a letter be sent to the mayor asking him to enter into a host community agreement, HCA with House of Diesel enabling the organization to seek reimbursement from the state for funds previously expanded.

Number nine is before you.

It doesn't look like it's on the table.

Thank you.

Motion made to take from the table up at Council Gomes.

Seconded by Councillor Abreu.

All in favor say aye.

All right.

Opposed, the ayes have it.

Okay.

Do you do you want to hear from the House of Diesel for their update first?

Yes, ma'am, Chairman.

Is there anybody from the mayor's office?

Um other than you.

We got you down as an invitee.

We wanted somebody else too.

Okay.

Good evening.

Uh I'm gonna keep bringing you here every month.

We're gonna watch you back.

And I want to know what progress that we have made.

I know what progress, but I would like you to publicly announce that tonight.

I know Connie's not here.

All right, no problem.

Um just talking to the mic.

Yeah, thank you guys for seeing us again.

My name is Shamar James, uh CEO of TH Connect House of Diesel.

Um appreciate you guys taking your time out to fit us in your schedule.

Um since our last appearance, we've uh resubmitted a completed uh cannabis license application to the city, and it was formally accepted.

Um our submission is complete, so you know we're ready for it to be reviewed when you know it's time to be reviewed.

Um we were actually able to submit our check with it this time, and they accepted it.

So yeah, that seems like a very good step forward, a very big step forward in two, three years coming.

So, you know, that's huge.

Um yeah, I think the next step is you know, having it reviewed so we can um enter into you know that model HCA that the CCC put out there so we can um hopefully move this venture forward and start making some money for the city, create jobs for you know residents and all of that great stuff that we wanted to do for the last two, three years.

Thank you.

Thank you.

You're feeling comfortable?

Yeah.

Okay.

Um you're getting the answers you're looking for from the Um We've got some answers.

Uh not all of the answers we're hoping for.

There wasn't really a timeline stuck to any of this.

So it's yeah, till May 15th is when they are gonna stop accepting applications, but it was never stated how long they're gonna take to review the application when they plan to have a decision or any of that stuff.

So will you have to repeat anything that was done with the first application?

Do you have to do like meet with the police do all that?

So we are going to hold another outreach meeting just because that one was two years old.

Um we plan to hold another outreach meeting, at least closer to the time of them closing out the application just because it's only good for six months.

So um that is one thing that we know that um we're planning to just redo just for safety sake.

And then um, other than that, we've updated the application, you know.

So with everything from the farmer application had already taken place.

That I just want to make sure that you're you don't have to repeat the steps.

Some steps that you have already repeated will be accepted with the application.

Uh as far as we know, we should not have to repeat anything.

And if if so, we're gonna make sure that they let you know way ahead of time so we're not told this at the last minute that you you didn't complete this or didn't complete that um that was done with the first application.

Uh that would be appreciated greatly.

Just watching.

Thank you.

Thank you.

Thank you, Madam Chairman.

Thank you, Councillor Combs.

Anyone else have any questions?

Counselor Gomes, would you like to speak to anybody else, Attorney Jakes?

Yes, I would.

Thank you very much.

Attorney Jakes, they're up.

Good evening, attorney.

Good evening, Madam Chair, Counselors, Council Gomes.

I am sure this may seem monotonous every month with having you in, but just following this along.

I want to thank you for whatever you have done to this point to make sure the application was accepted.

The check was accepted this time.

There's a May 15th cutoff.

I'm going to ask you the same question.

Is there anything else that they have to do that would um and jeopardize their application at this point as we move forward to your closing date of May 15th?

I am not aware of that, Counselor, but I have not personally reviewed their application.

It was submitted to Mr.

McCarthy.

Well, actually, Mr.

McCarthy was on vacation.

It was submitted to someone else in the planning board, and in my instruction, they accepted the application and the check.

The website has been updated.

The manner indicates, I believe, the May 15th deadline.

As I have indicated to you in the past, when I have been before you, Counselor, there were other equity applicants that had expressed interest and were told they could not apply until we reopened.

We've reopened.

I am aware of one other applicant that I believe is definitely going to submit.

Mr.

McCarthy has reached out to other individuals who have expressed an interest as an equity applicant, because we are only accepting equity applicants.

And we'll see whether or not anyone else other than the House of Diesel actually goes ahead and submits a check in an application between now and May 15th, and then it will go through the system where the mayor's review committee will review the applicants and make a determination to enter into an HCA with one or more or none.

And then it will come to you towards the end on the special permit process because you have a say in that process.

Thank you very much for that, uh attorney Jakes.

Um would do you foresee the Administration um looking at more uh granting more than one of these, or that there has been no discussion?

There's been no discussion with the administration on that question.

Okay.

And you do say that there is another one interested, but you have not seen it or uh I have not seen it.

I know that individual's name.

I can't recall it now.

Have you seen an application at this point?

I have not seen an application.

I have seen expressions of interest in emails.

Thank you very much, attorney.

Thank you, Madam Chairman.

Uh thank you, Councillor Gomes.

See.

Council Oliver.

Thank you, Madam Chair.

Um Attorney Jakes.

The uh we heard about the review process, but it's kind of left open.

Do we know what that review when that review process once it's closed this round?

Um do you know what that review process is gonna like how is there anything that's been communicated?

Is the review process gonna start right away?

Is it gonna be a week, a day, a month, a year, a five year old?

I have not discussed specifics with the administration, but I can't imagine it would be a lengthy time before it began.

In the past, it began fairly quickly after we closed out the application time frame.

Would you say realistically within 60 days?

Holding you to it, but I'm not going to speculate, Counselor.

I wasn't here in this position.

Yeah.

Five or six years ago when these this process originally came out in a totally different format.

Are you aware of any other practices as far as the timeline from approval once once a round of of this is closed?

Not specifically.

No.

You review it.

And then as a courtesy, we usually bring the HCA to the council that you be aware of it.

Is there a reason why you think that it was left open like that?

That we could there was that there was a there's a deadline for submission, but there was no guidance or guidelines when we the administration would take it up.

I can't speak to it.

There was no specific written policy, and it's not contained in the ordinances.

Okay.

So realistically, though, we could get into a situation where it's closed and the administration doesn't hear from any of the applicants from a from a walk for a while, correct?

Or doesn't communicate with any of the applicants for a while.

It could be days, it could be weeks.

I don't know what the time frame is.

I'm not willing to speculate.

Okay.

All right.

So I guess we'll just take the small win that we have right now and we'll have to see, and hopefully the administration expedites this.

So thank you.

Thank you, uh, Madam Chair.

Thank you, Council Oliver.

We do have a member um ask for representatives from the mayor's office, not Attorney Jakes.

He's on here too.

So maybe next month we'll get nobody's here.

Nobody came.

Maybe next time we'll get somebody for representatives so that way they they can answer the questions that you are asking, because these questions are coming from the mayor's office, and Attorney Jakes doesn't have the answer.

So maybe it will come next time.

I don't know.

Different floors.

I have to go off the flight.

Council Gomes.

Madam Chair, you you have been very courteous uh to uh doing the follow-up on this.

Uh me and you talking off the bench and uh whatever.

Um I don't want to waste the council's time and I don't want to have waste the diesel uh uh community uh time or uh uh attorney Drakes.

I told you I wanted you to bring this back every 30 days if you had to.

At this point, we have a May 15th deadline.

Okay.

Unless something changes between now and then.

I would ask you to just hold off from us putting this on the agenda until after that.

After the May 15th deadline.

Unless something happens before that, I would make the request to you.

As I said to you, I wanted to follow this, and I think a majority of the counselors want to follow this, and and we will.

But I also don't want to waste our time by putting this on the agenda, bringing them in, bringing the and we really have nothing to report.

Okay.

Thank you.

Thank you, Councillor Gomes.

Yes, we will do it after the May 15th deadline, and then we'll bring them back in for another update.

Motion to table.

Second.

Motion made to table made by Councillor Gomes, second by Council Roy.

All in favor say aye.

Aye.

Opposed?

The ayes have it.

Item number 10.

Here's a written motion, Council's April, Oliver Lopes, or Cat and Carney requesting that a representative from the New Bedford Board of Health or from New Bedford Health Department appear before the Committee on Appointments and Briefings to discuss the board's recent vote to adopt a new cigar.

Minimum pricing regulation effective January 1st, 2025, which restricts the sales of tobacco and nicotine delivery products and further that the Committee on Appointments and Briefings also hear from local business owners in the city of New Bedford who retail cigars to discuss the potential economic impacts this may have on their industry to refer to the Committee on Appointments and Briefings.

The New Bedford Health Department, the administration representative from the New England convenience store and energy marketers association, local New Bedford-based convenience liquor cigar and retail business community.

It was referred here on January 23rd, 2025.

It was tabled on February 18, 2025.

We'll take 11 without objection?

Without objection.

Written motion, Councils Morrad, April G.

S.

to Oliver Gomes, Chuckat Loebs, Carney, and Baptiste requesting that the City of New Bedford Board of Health immediately was in the recently approved cigar minimum pricing regulation that was implemented on January 4, 2025.

For an 18-month period and further the New Bedford Board of Health seek additional grant funding to allow the health department sanitarians to continue their efforts in education of the city's youth regarding the dangers of tobacco and nicotine products to use and to increase the health department's ability to police city retail establishments that are legally selling tobacco and nicotine products and further that representatives of the New Bedford Board of Health appear before the Committee on the Appointments and Briefings in six months, twelve months, and eighteen months to update the committee regarding their efforts of education and policing to move forward to the committee on appointments and briefings and the Board of Health, who's referred to on February 27th, 2025.

10 and 11 are before you, but 10 needs to be removed from the table.

Motion been made by Council Pereira, second by Council Burgo to remove number 10 from the table.

All in favor say aye.

Aye.

And receive and place on file item 11.

Yes.

And receive in place of file number 11.

All in favor say aye.

Opposed, the ayes have it.

Council Burgo, second that.

Yes.

Okay.

Okay.

Good evening.

How are you?

Good evening.

How are you?

Good.

Um, so a year ago, um, we were here before you all when our uh tobacco regulations were updated, um, and we presented our 2024 calendar year sales to minors of the 111 compliance checks that were completed in 2024.

8% of the compliance checks resulted in sales of the nine sales that happened, five were cigarettes, three were cigars, cigarellos, and one was of a vape product.

Um in our 2025 calendar year, uh there were 17 sales from 153 compliance checks, which is 11% of the compliance checks resulting in sales of those 17 sales, six were cigarettes, seven were cigars and cigarellos, four were nicotine pouches.

Umce the regulations have been in place.

Um you all know Megan, our tobacco compliance officer.

Um she's been doing a lot of education with our retailers, um, provided signs and stickers for the stores, um, as well as complete uh completed a compliance video that was made available to all the retailers that talk specifically about um the Massachusetts regulations, but then what's specific about New Bedford?

We made it available in all the languages that were most requested by our retailers.

Um we have also I had mentioned back in September uh the South Coast lost the um community education partner for tobacco education.

Um so we have actually just submitted a drug-free communities grant, which will be an opportunity for us to uh provide um youth prevention strategies in the school.

So hopefully we get that.

We also have um a mass call three grant, which is through uh BSAS at the state.

Um we've been in our strategic planning process, but now we're moving into implementation, so um we will also be doing um some youth-led youth prevention um implementation over the next year as well.

Okay, thank you.

Council Lopes.

My questions are gonna be for attorney jakes.

So at the appropriate time, I'd like to ask attorney jakes a handful of questions.

Okay, does anybody have any questions for Ms.

Sloan?

Council Burgo.

I just wanted to clarify.

I know that these motions were sent to the Board of Health.

Um they rejected it.

Is that correct?

Correct.

Okay, I just wanted to get the on.

Thank you so much.

No problem.

Thank you, Council Burgo.

Anybody else?

Okay, so without objection, Stephanie will take um associate Jakes.

Solicitor Jakes, have you had a chance to read the regulation of the New Bedford Board of Health restricting the sale of tobacco and nicotine delivery products?

I have not.

One of the other attorneys in my office, Catherine Shuco, most likely has read it, but I have not counsel it.

So my questions are on page 12, Section 10.

Any permit surrendered, revoked or not renewed, either because a retailer no longer sells tobacco products as defined here, or because a retailer closes the retail business shall be returned to the New Bedford Board of Health and shall be permanently retired by the Board of Health, thereby decreasing the number of active permits.

Now, several years ago, when I was the fisheries chair, I was told I couldn't retire a COHAG license because the city does not have the authority to reject or retire a license that has been duly issued and eligible for transfer.

But that was for a cohog license, that was for a dredging license in the harbor when they were going to power dredge the harbor and they were going to reseed it.

So how does the Board of Health have the authority to permanently retire a license for a legal product that is eligible for sale and resale, just like a license for a liquor store, a license for a bar?

It is a question I can't answer.

I haven't researched it.

So that's one question.

Second.

Location transfer, item 12, move to page 13.

In general, a permit is fixed to a physical retail establishment.

However, a permit can a permit T can apply to the Board of Health for a variant to move the permit to a different physical location.

The decision to permit a purchase to move a license solely within the Board of Health discretion.

Now, wouldn't that contradict the previous one that says they are permanently going to retire any license for a closed retail business?

So how does the Board of Health have the decision, the sole discretion, to say we're not going to allow somebody that has a legal license to move it to a different address.

Again, Counselor, it's a question that is new to me and I haven't received it.

I really wish you would ask someone assigned to the tobacco regulations in my office that come to answer these.

I'm going to tell you I don't know most of the answers.

I understand that, but I'm just going to keep with you for a minute.

Not trying to be mean.

But at 500 feet for nicotine.

You can't you can't have a tattoo parlor within 250.

But you can you can't have it's double for nicotine.

Is the city ready to be sued by an individual that currently owns a tobacco license that wants to sell it to somebody or transfer it to somebody and they are denied because it is a legal license issued by the City of New Bedford?

And if somebody says, I am going to move from 123 XYZ Street to 456 ABC Street, and the Board of Health and their sole discretion says, no, under number 12, we're not going to allow you to move that leave that legal license that you own.

And we're getting into questions about whether or not a license constitutes a property right or not.

And I don't know the details of that question.

What I am going to suggest to you with all the respect, Counselor, is that you submit these specific questions that you have to my office.

We'll research it and hopefully provide you answers.

The distances that you have mentioned, I don't know if they're by State regulation or statute.

We have talked about three different entities, I believe.

Three different distances.

I know that the CCC makes certain determinations in their regulations.

I can't speak to the tobacco regulations.

I don't know what the State regulations or the State statutes say, or whether this is a particular local regulation.

No, I appreciate it.

And I understand the role of the Board of Health, especially when it comes to tobacco and how they are governed under a different set of rules governed by the governor.

But my concern is we're opening the city up to a lawsuit by any legally established business that is trying to sell a legally issued license because the Board of Health basically says restricting the sale of tobacco.

And I'm going to draw an analogy for you, if I may, Council.

Please.

We, for instance, we talk regularly about selling a liquor license.

State law does not permit you to sell a liquor license.

It allows you with the approval of the licensing board to transfer it.

So we just need to make sure we have our terms right.

If somebody says, Well, I bought a license, but the Board of Health said I couldn't move it to a different address within the city proper.

You obtained the license, my license.

So I again I apologize, attorney, but we're I feel like we're the Board of Health is overreaching within their jurisdiction on this matter.

And without reviewing those specific requests.

I can't render an opinion to you on the floor tonight.

So which member of your team would be the appropriate person to bring in?

I believe it's Catherine Shouko and not it's is Catherine still assigned to your department and not Peter.

It would either be Peter or Catherine.

So what I would ask you to do, if you would humor me, is submit the questions to me specifically.

I will forward them to the attorneys in our office, and either Catherine or Peter would be happy to respond to any specific questions you have informally as well as formally at a council meeting.

Okay.

Thank you, Attorney Jakes.

Thank you, Councillor.

Thank you, Madam Chair.

Thank you, Council Lopes.

Any other questions?

Same your pleasure.

Motion made by Council Pereira to report out the full city council for no further action.

Second by Council Pemberton.

I was going to say, can make a motion at the table and have the proper representative from the city solicitor attend the next appointments and briefings meeting.

Table and takes the Yes.

So yes, table and takes.

So motion to table made by Council Lopes.

Second by Council Choquette.

All in favor say aye.

Roll call.

So this is tabling number 10 and 11.

Councillor Abreu.

Councilor Burgo.

No.

Counsel no, Councillor Burgo, Councillor Carney.

Yes.

Yes, Council Carney, Council Choquett?

Yes.

Yes, Council Choquette, Councillor Gomes?

Yes.

Yes, Council Gomes, Council Lopes.

Yes.

Yes, Council Lopes, Council Oliver.

Yes.

Yes, Council Oliver, Council Pemberton.

Yes.

Yes, Council Pemberton, Council Pereira?

Yes.

He has Council Pereira or Council Roy?

No.

No.

That passes 7 to 3 to table.

Motion passed 7 to 3 to table.

Seeing now that no other business.

Motion made to adjourn by Council Burgo.

Second by Council Pemberton.

All in favor say aye.

Opposed?

The ayes have it.

It is uh 826.

We are adjourned to 826.

Thank you all for coming.