0:58Good evening, ladies and gentlemen.
1:00Today is Tuesday, May 12th at 7 p.m.
1:03in the New Belfort City Council Chambers.
1:07Tonight, colleagues, we do not have a uh member of the clergy with us, so I will ask for a moment of silence.
1:23Tonight we will be led in the Pledge of Allegiance by Councillor at Large, Shane Burgo.
1:31I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.
1:39One nation under God, indivisible with liberty and justice for all.
1:47Thank you, Councillor.
1:50I am joined in the chamber this evening by my colleagues, Councillor at Large, Ian Abreu, Counselor of Ward 2, Scott Pemberton, Councillor of Ward 1, Leo Schokat, Councillor of Ward 5, Joseph Lopes, Councillor at Large, Brian Gomes, Councillor at Large, Naomi Carney, Councillor of Ward 3, Sean Oliver, Councillor at Large, Shane Burgo.
2:14I am the City Council President and Ward Six Councillor Ryan Pereira.
2:18I would like to note that this meeting is being live streamed and recorded.
2:22City Council and Committee meetings can be viewed on the City Council on the City of New Bedford's homepage under quick links, then meetings.
2:30At this time, I will like the clo I will ask the clerk to read uh if there are any letters to be read into the record.
2:36President, there are none.
2:38Seeing that, I will ask the clerk to begin with our hearing section number one.
2:42President, item one is a hearing from NSTAR Electric Company doing business as EverSource Energy for the location of approximately 100 feet of conduit and one handhold in County Street.
2:52This work is necessary to provide service to 840 County Street.
2:56Motion receive and place on file and open the public hearing.
2:59A motion to receive in place on file and open the public hearing made by Councillor Burgo.
3:04Seconded by Councillor Oliver.
3:06All those in favor say aye.
3:08Opposed, the ayes have it.
3:14President, members of the City Council.
3:15Jessica Elder representing Eversource.
3:26Nope, two four five four nine four three one.
3:29Uh we are requested permission to install approximately a hundred feet of new one four-inch conduit from an existing um handhole.
3:39We're going along the sidewalk on the county street in New Bedford.
3:44Uh the work is being performed within the public right away to provide electric service infrastructure improvements for the customer at 840 County Street.
3:55I don't expect the work to take any more than one to two days.
3:58Definitely we anticipate, you know, localized traffic impacts only during the constructive time.
4:12Colleagues, any questions?
4:19Seeing no questions from my colleagues.
4:21This is a public hearing, so members of the public can speak in favor.
4:25If any member wish to speak in favor.
4:28If any member wishes to be recorded in favor.
4:31If any member of the public wishes to be recorded in favor.
4:35If any member of the public would like to speak in opposition.
4:48See no comment from the public.
4:50A motion close the public hearing made by Councillor Abrew.
4:53Second by Councillor Loops.
4:56Anyone on the question?
4:57All those in favor say aye.
4:59Opposed the ayes have it.
5:00Colleagues, your pleasure.
5:01Motion adopt the order.
5:03Motion to adopt the order made by Councillor Abrew.
5:07Second by Councillor Oliver.
5:08Anyone on the question?
5:09All those in favor say aye.
5:11Opposed the ayes have it.
5:12Without objection, I will ask the clerk to read items and items two and three, as they are the same property.
5:19President, item two is a hearing from Anstar Electric Company doing business as resource energy, the location of approximately 15 feet of conduit in Belleville Avenue.
5:28This work is needed to provide upgraded service to Belleville Avenue.
5:322A is the order, and item three is also on Belleville Avenue.
5:36And this work is needed to provide upgraded service to Belleville Avenue.
5:43Motion receive and place on file and open the public hearing.
5:46Motion to receive and place on file, open the public hearings made by Councillor Burgo, seconded by Councillor Pemberton.
5:51Anyone on the question?
5:52All those in favor say aye.
5:54Opposed the ayes have it.
5:55Jessica, if you could give us an overview.
5:58So this petition, work order number 2356-4047.
6:04We're requesting to uh install approximately 15 feet of new two to five inch conduit from a proposed poll which is 4 over 65 to an existing manhole.
6:16This is the 1950 project.
6:19This is this uh the area we're working out of is down the belt.
6:24Belvolab over by Cedagrove near the overpass.
6:29Uh we definitely definitely will be requesting a uh detail.
6:35Um in addition to the installation of the 45 foot pole, uh we are also installing an anchor in a uh uh die wire.
6:46Um underground electric facilities as part of the Route 185 project, as I had mentioned earlier.
6:52Again, work should be uh maybe two to four days with the poll in the conduit.
6:58Um like I said, we will require we will request the detail.
7:04Colleagues, any questions?
7:05Chair recognizes counselor Gomes.
7:07Thank you very much, Mr.
7:09Um that's in the area uh between the factory and the 195 drop off, correct?
7:17There's a lot of work going on down there.
7:19Yeah, um I know you said about the detail.
7:23Um with the traffic and everything the way it is, you may need more than one officer depending on how much you're blocking off, because right now you're using that straight through down to Cedar Grove or pass um the overpass or whatever is there's a lot of work there.
7:41Just uh need a little bit of safety with those factories and everything that goes on in that factory south of that.
7:47There's a lot of traffic.
7:48Just would appreciate that.
7:52Thank you, Councillor.
7:53Uh Chair recognizes Councillor Oliver.
7:57Thank you for being here and explaining the scope of the project.
8:01Um you guys are coordinating with ongoing project that's already going in.
8:06Uh you you guys are coordinating with the ongoing project that's there already, correct?
8:11There might be police details there.
8:15But the uh do you expect any because we've had a couple of instances where uh uh business has been interrupted, especially to some of those businesses.
8:24Do you expect any of the I don't expect that, not with just the minimal work that we're doing?
8:28All right, thank you.
8:29That's all thank you, Mr.
8:30Thank you, Councillor Oliver.
8:31Uh before any further questions, I would like the Chair would like to recognize we have been joined by Ward 4 City Councilor Derek Baptiste and Councillor at large, James Roy.
8:40I would also like to mention that school committee member Rick Porter was in attendance.
8:45Um other questions, colleagues.
8:50Seeing none, these are public hearings.
8:53So if any member of the public would like to speak in favor, speak in favor.
8:59Would anyone like to be recorded in favor?
9:02Be recorded in favor?
9:04Would anyone like to speak in opposition?
9:10Be recorded in opposition.
9:11Recorded in opposition.
9:14Seeing no further comment from the public, your pleasure to close the public hearing, colleagues?
9:20Made by Councillor Burgo?
9:22Seconded by Councilor Roy.
9:23Anyone on discussion?
9:24All those in favor say aye.
9:26Opposed the ayes have it.
9:30Motion to adopt the orders made by Councillor Pemberton.
9:32Seconded by Councilor Roy.
9:34Anyone on the question?
9:35All those in favor say aye.
9:37Opposed the ayes have it.
9:41Moving on to mayor's papers.
9:43Colleagues, pursuant to mass general law, chapter 32, section 103.
9:47Uh this uh law does not permit mayoral vetoes of on the colo base.
9:52Therefore, the chair will rule this out of order.
9:54And I'll ask the clerk to read item M2.
9:58I would like to do this on the second.
10:01President, M2 is communication from the mayor to the council.
10:04Submitting an update to the veto of the council's approval of the increased base pension benefits for all city retirees.
10:10Motion receive and place on file.
10:11Motion to receive in place on file by Councillor Burgo, seconded by Councillor Roy.
10:16On the question, the chair recognizes Councillor Burgo.
10:22This so-called veto is a figment of the mayor's own creation.
10:27Not because he's confused or inexperienced, and certainly not because he's a fool.
10:33I'll be the first to admit the mayor is a smart man.
10:36He understands government and the law, which is why this is so troubling.
10:43Because this is not ignorance.
10:45This is a deliberate attempt to assert authority where none exists.
10:50The mayor has no power or authority here beyond what the law actually grants him.
10:56No matter how badly this administration wishes otherwise.
11:01For nearly 14 years.
11:05This administration has operated with unprecedented stability.
11:12And uninterrupted control over the executive branch of city government.
11:20No administration in our city's history has enjoyed this level of sustained power and advantage.
11:26And yet, instead of respecting the boundaries of government after all this time, we continue to see these attempts to push and redefine executive authority whenever this council refuses to fall in line.
11:41That is not how government works.
11:45The legislative branch is not subordinate to the executive branch.
11:50This council was not elected to be an audience.
11:54We were elected to legislate and to provide oversight.
11:58And when this administration attempts to unlawfully sidestep that process, this council has both the right and the obligation to say no.
12:10Our retirees should not be used as scapegoats for this administration's mismanagement.
12:16These are individuals who spent decades serving our city, plowing our streets, keeping our neighborhood safe, feeding our children, maintaining our infrastructure, and dedicating their lives to public service.
12:30So let me be very clear.
12:32No amount of pressure or political posturing changes the law.
12:37And no letter from the corner office changes the fact that this council will continue defending the authority entrusted to it by the people of New Bedford.
12:47Because checks and balances only work when people are willing to uphold them.
12:51And I'm proud that tonight, once again, this council is doing exactly that.
12:58Thank you, Councillor.
12:59Anyone else on the question?
13:03All those in favor say aye.
13:05Oppose, the ayes have it.
13:07I will ask the clerk to read item M3.
13:10President, M3 is communication from the mayor to the council.
13:12Submitting a request for proposals for the disposition and development of the former police station number two, located at 170 Cove Street in Bedford Armory, located at 989 Pleasant Street.
13:23The former Phillips Avenue School located at 249 Phillips Avenue.
13:27The former Horatio A.
13:28Kempton School, located at 135 Shawman Avenue, and the former William H.
13:32Taylor School located at 620 Brock Avenue.
13:35M3A through 3E are the RFPs.
13:39Motion to refer to the committee on file and refer to the committee on that property.
13:45Motion to refer to the committee on city property made by Council Oliver, seconded by Councillor Carney.
13:50Anyone on the question?
13:51All those in favor say aye.
13:53Opposed, the ayes have it.
13:55I'll ask the clerk to read M4.
13:57President, M4's communication from the mayor to the city council submitting an ordinance submitting chapter 16 of municipal utilities and services, section 16-94.
14:05Rate charge rate charges to provide the city council and the administration greater flexibility in setting the wastewater rates and M4A is the ordinance.
14:14Motion refer to ordinance.
14:16Motion to refer to the committee on ordinance made by Councillor Carney.
14:20Second by Councilor Roy.
14:22On the question, Councilor Lopes.
14:24I understand it's an ordinance, but if you look at the other items that are dealing with the financial matters associated with water, we could hold all of these hearings together in finance and adopt everything at one time if the committee is willing to do uh a meeting in finance.
14:41I will tend to finance.
14:44So a referral to finance.
14:49We'll take them together.
14:50Well, we're on M4, but we'll read M five and six.
14:53We'll read M5 and six together, Council Bye.
14:55We've read M4, so that's been made.
14:57Council Roy, you second that.
15:00Second to referral to finance.
15:01Anyone else on the question?
15:03All those in favor say aye.
15:05Opposed the ayes have it.
15:06Without objection, I will take items five and six together.
15:11President, M five is a communication from the mayor to the council.
15:14Submitting an order for proposed wastewater rates for FY27 and FY28 and proposed wastewater annual base charges for fiscal year 2027 to take effect on July 1st, 2026.
15:27And M6 is the communication from the Mayor to the Council submitting a loan order appropriating $20,400,000 for the purpose of financing the cost of projects outlined in the city's long-term CSO control and integrated capital improvement plan.
15:40M6A is the motion to receive M55A, M6, and M6A and refer to the Committee on Finance.
15:48Motion to refer 5 through 6A to the Committee on Finance made by Councilor Lopes.
15:53Seconded by Councillor Carney.
15:54All those in favor say aye.
15:56Oppose the ayes have it.
15:58I will ask the clerk to read item M7.
16:00President, M7 is communication from the Mayor to the Council.
16:03Submitting an order for the transfer of $2,099,535 from general stabilization to snow removal, purchase of services in the amount of $1,933,404.
16:15Public infrastructure, purchase of services in the amount of 101,316.
16:21Facilities and fleet management, purchase of services and the amount of $64,815.
16:28Motion to receive and place on file and refer to the committee on finance.
16:32Motion refer to the Committee on Finance made by Councilor Lopes, seconded by Councillor Carney.
16:36Anyone on the question?
16:38All those in favor say aye.
16:39Opposed the ayes have it.
16:41I will ask the clerk to read item M 8 and 9 together, please.
16:47President M eight is a communication from the mayor to the City Council.
16:50Submitting an order authorizing the payment of four outstanding invoices from a prior fiscal year, totaling 1,701 and 44 cents to be charged to the general fund.
17:00Department of Facilities and Fleet Management Supplies.
17:04And M9 is communication from Mayor Mitchell to the Council, submitting an order authorizing the payment of two outstanding invoices from a prior fiscal year, totaling $475 to be charged to the general fund of Department of Facilities and Fleet Management, purchase of services, M9A is the order.
17:23Second motion to adopt the orders on M eight and M9 made by Council Abreu, seconded by Councilor Roy.
17:30Anyone on the question of adoption?
17:32All those in favor say aye.
17:34Opposed, the ayes have it.
17:35I will ask the clerk to read item M 10.
17:37President, M10 is communication from the Mayor to the Council.
17:40Submitting an order amending the order adopted by the City Council on March 26th, 2026 and signed by the Mayor on April 3rd of that year, which is in accordance with Mass General Law Chapter 44, Section 53E and a half.
17:52The revolving fund under the control of the Community Services Department, known as the Adult Social Day Program Revolving Fund, whose amount limited at $530,000 is now hereby authorized at $567,000 for FY26.
18:05Motion to receive and place opposite order.
18:07And adopt the order as presented.
18:09Motion to adopt the order as presented, made by Councillor Lopes, seconded by Councilor Burgo.
18:14Anyone on the question?
18:16All those in favor say aye.
18:18Oppose the ayes have it.
18:19I will ask the clerk to read item M11.
18:22President, M11 is a communication from the Mayor to the Council.
18:25Submitting a request to authorize the city to advertise and employ within the next six months an associate city solicitor at M15, step two.
18:37Motion to refer to finance made by Councillor Abrew, seconded by Council of Roy.
18:41All those in favor say aye.
18:43Opposed the ayes have it.
18:46I will ask the clerk to read item M12, please.
18:48President, M12 is a communication from the Mayor to the Council.
18:51Submitting an order authorizing to execute a lease extension and amendment between the New Bedford Airport Commission and Bridgewater State University.
19:02Motion to adopt the order made by Councillor Burgo, seconded by Councillor Lopes.
19:07Anyone on the question?
19:08All those in favor say aye.
19:10Opposed, the ayes have it.
19:12I will ask the clerk to read item number four, please.
19:14President, item four is a report from the committee on appointments and briefings.
19:18Recommending the council approval of the application for renewal of a private livery license on behalf of Camille Taylor.
19:23Doing business as CT Live Your Best Life Transportation Incorporated at 14 Beal Street, Apartment 1 in New Bedford.
19:304A is the original communication.
19:32Motion received and place on file and uh grant the uh license, the renewal.
19:39Motion to receive the report from the committee on appointments and briefings, place it on file and adopt the grant the renewal as presented, made by counselor Oliver.
19:48Second by Councillor Roy.
19:51Anyone on the question?
19:53All those in favor say aye.
19:55Oppose the ayes have it.
19:56I will ask the clerk to read item five.
19:58Like a suck up weapon.
20:00President Item Five is a report from the Committee on Appointments and Briefings recommended to the Council approval of the appointment of Renee Ledbetter of New Bedford to the Election Commission, replacing Donald Gaudet Jr.
20:10This term will expire on April 27, and 5A is the communication.
20:14Motion receive and place on file, waiving Rule 40 and granting the appointment.
20:18Motion to waive Rule 40 and grant the appointment made by Councillor Burgo, seconded up by Councillor Baptiste.
20:25Anyone on the question?
20:27I'll ask the clerk to call the roll.
20:51Passes eleven to zero, Mr.
20:53The item passes eleven to zero.
20:54Renee is here, if you don't mind swearing her in, Clerk.
20:57Renee, if you don't mind stepping to the podium, please.
21:14Hi, Renee Lightbenner.
21:19That I will faithfully and impartially perform my duties.
21:24As a member of the election commission.
21:25As a member of the election commission.
21:28In accordance with the laws.
21:31And the Constitution of the United States.
21:33Commonwealth Massachusetts.
21:35The Commonwealth of Massachusetts.
21:38And the Chartering Ordinances.
22:38Colleagues, without objection, um, I I should have cut this earlier.
22:42Can we take six through seven together?
22:45I'll ask the clerk to read items six through seven.
22:48President, item six is a report from the committee on appointments and briefings recommended to the city council approval of the appointment of George Bulger of New Bedford, Massachusetts to the Human Rights Commission, replacing Zoe Hanson de Bello, whose term has expired.
23:00This term will expire in April of 2028.
23:036A is the communication, and item seven is a report from the Committee on Appointments and Briefings recommending that the Council approve the appointment of Zachary Needer of New Bedford Mass, the Human Rights Commission, replacing Chad Freitas, whose term has also expired, and this term will also expire in April of 2028, and 7A is the original communication.
23:20Motion to receive and place and file item six, six A, seven, seven A, and grant the appointment as presented and waive Rule 40.
23:30Motion to receive and place on file the reports from the committee.
23:33Grant the appointments with and waive rule forty made by Councilor Lopes, seconded by Councillor Roy.
23:38Anyone on the oh sorry.
23:39Anyone on the question?
23:41Roll call vote, please.
24:05Item passes 11 to 0.
24:08Is either George or George's sector?
24:14Right to the podium, please.
24:37You solemnly square.
24:39And I will faithfully and impartially.
24:42I will faithfully and impartially.
24:46As a member of the human rights commission.
24:49As a member of the Human Rights Commission.
24:53In accordance with the law.
24:56In the Constitution of the United States.
24:59Commonwealth of Massachusetts.
25:00Commonwealth of Massachusetts.
25:02Charter and ordinance of the city.
25:46I will I will ask the clerk to read item number eight, please.
25:52Oh, I'm sorry, Zachary.
25:58Thank you, Councillor.
25:59I will ask the clerk to read item number eight, please.
26:02President, item eight is a report from the special committee on the airport recommending the council adoption of an order for lease extension and amendment on behalf of the New Bedford Airport Commission and Sandpiper Air Incorporated of Building 2, 8A is the order.
26:15Motion to receive and place and file the communication from the Airport Commission and from the Airport Committee and adopt the order as presented.
26:23Motion to receive and place on file the report from the committee and adopt the order made by Councillor Lopes, seconded by Councillor Burgo.
26:32Anyone on the question?
26:33All those in favor say aye.
26:35Oppose the ICE Habit.
26:43Without objection, the Chair will entertain a motion from Councillor Abreu to take items nine through twelve A together, waiving the reading, taking no further action.
26:51That was made by Councillor Abreu, seconded by Councillor Burgle.
26:54All those in favor say aye.
26:56Oppose the Ice Have It.
26:58I will ask the clerk to read item 13, please.
27:01President, item 13 is a written motion from Councillor Burgo requesting that the committee on economic development be discharged from further consideration of the following matters.
27:09The report from the Committee on Ordinances recommended to the Council approval of the ordinance amending chapter nine of comprehensive zoning relative to dimensional requirements, appendix B, table of dimensional regulations, residential infill development, and multiple buildings per law.
27:37And 13A is the original report, and 13B is the ordinance.
27:41Motion and discharge from committee.
27:43Motion to discharge from committee made by Councillor Burgo, seconded up by Councillor Abreu.
27:48Uh is there discussion on discharge?
27:51Is there discussion?
27:53Questions on discharge?
27:54Anyone like to discuss discharge in the committee?
27:57I will you like to be recognized?
28:04We have to we have to discharge the committee first.
28:06Yeah, I was just asking if there was a question.
28:08I will ask the clerk to call the roll and discharge.
28:11Counselor Abrew, yes.
28:33Discharge passes 11 to 0.
28:34Motion to pass through a second reading.
28:36Motion to pass to a second reading was made by Councillor Burgo.
28:39Seconded by Councilor Lopes.
28:41Anyone on the question?
28:47Motion to what is the amendment, Councillor.
28:50I'm going to get up and say it.
28:53What's the the before you just m what is the motion?
28:56What are you amending?
28:58I'm amending one of the uh definitions.
29:00Okay, which is so I would like to move to amend the ordinance in the table under section one in the requirement row entitled Building Height, Maximum Stories.
29:14And under the column entitled Mixed Use Business, we shall strike the number five and insert in place thereof the currently used, currently used language, 2.5 for uses allowed in res A and B.
29:32Four for three or more families.
29:37And seven for other allowed uses.
29:41That amendment was made and duly seconded.
29:44Anyone on the question?
29:45That was seconded by Councillor Royce, excuse me.
29:48Councillor Schocat's.
29:49So on the question, uh had a couple of things I wanted to state.
30:00And it's actually fortuitous that many of my friends from Ward 1 are here tonight, even though this is not an issue that pertains to them.
30:06But it speaks to what I want to convey the importance of community and neighborhoods.
30:17Everybody has a neighborhood they live in.
30:19A lot of times they don't want to see them changed.
30:23And I feel that there's two ways you can look at zoning regs.
30:28Some people look at them and say, okay, this is red tape.
30:33This is an obstacle.
30:34These are things that need to be removed so we can get development done.
30:39That's one way of looking at it.
30:41The other way of looking at it is these are protections in place to keep the neighborhood the way we like it, the way it was meant to be.
30:51And of all the people I could quote here, my former colleague, Councillor Morad would probably repeat the same thing.
31:01Any time we ever asked anybody to or we approved anybody to be on the zoning board of appeals, myself included when I came before this body five years ago.
31:11She made me swear that I would look out for the character of the neighborhood in my decisions on the uh Board of Appeals.
31:19Now, make no mistake, the city does need development.
31:23However, what cost to the other people that already live there?
31:30Somebody has to speak for people like my constituents, your constituents.
31:37We don't work for the developers.
31:40I sure as hell don't work for the mayor.
31:43We work for the people, like these people here.
31:46And even though their issue that we'll get to later this evening is not this same issue, I'm pretty sure that they would feel better knowing that all the counselors here don't want to see neighborhoods zoned out.
32:01They don't want to see neighborhoods redeveloped, to see neighborhoods go through gentrification.
32:10So I'm asking you guys, my colleagues tonight, to consider allowing this change, this one change out of this whole panopoly of zoning changes.
32:24If people need to build something larger than four stories, they can go to the planning board to get special permit, variance, whatever.
32:36That's the way it's been, that's the way it should be.
32:39Changing that to five makes it easier for somebody to just develop a five-story structure in any of the wards here, mine included.
32:48Hell, they could stick a five-story apartment building in your neighborhood behind the airport, and it would go right through.
32:54The planning board wouldn't be able to have we wouldn't have to have a special permit granted.
32:59So these changes, we have to keep an eye on what's going on.
33:03Because again, at the end of the day, we work for these people, not for developers, not for the mayor, not for the different boards.
33:14Thank you, Councillor.
33:19Could you please repeat the motion, the amendment?
33:23Sure, I'd be glad to move to amend the ordinance in the table under section one in the requirement row entitled Building Height, Maximum Stories, and under the column entitled Mixed Use Business, strike the number five, and in certain place thereof, the currently used language, 2.5 for uses allowed in residential A and residential B, four for three or more families, and seven for other allowed uses.
33:59So in conclusion, Madam Counselor, we would not be making any changes to the currently accepted zoning, as is the way it should be.
34:11Without any further questions, I'll ask the clerk to call the roll on the amendment.
34:18No, Council Baptiste.
34:24Yes, Councillor Schulkett.
34:35No, Council Ferrero.
34:40Fails five to six, Mr.
34:42Item fails five to six.
34:43The motion before us is to pass to a second reading.
34:45It's been made and duly seconded.
34:47All those in favor say aye.
34:48Opposed, the ayes have it.
34:50I will ask the clerk to read item 14.
34:54President Item 14 is a written motion from Councillor Schoquette and Council President Pereira.
35:00Requesting that the Committee on Economic Development meet with EDC Director Derek Santos, Housing and Community Development Director Josh Amrol, City Planner for Planner Jennifer Carlone, and City Solicitor Jakes to discuss how the new zoning ordinances will increase economic development in New Bedford and provide the committee with estimates of new growth related to said ordinances.
35:27Refer to the Committee on Economic Development.
35:29Thank you, Council of Burgo.
35:30Refer to the Committee on Economic Development made by Councillor Burgle.
35:33Seconded by Councillor Roy.
35:35Anyone on the question?
35:36All those in favor say aye.
35:38Opposed, the ayes have it.
35:39I will ask the clerk to read item 15.
35:42President, item 15 is a written motion from Councillor Schoquette requesting that the Special Committee on Environmental Affairs meet with attorney Eric Jakes, City Solicitor, along with the owner of A1 asphalt located at 1861 Shaman Avenue in New Bedford, and the owner of Pico Stone, located at 104 River Road in New Bedford, to discuss the status of the trick trucking and shipping agreement related to the transportation of materials through the Shawman Avenue neighborhood behind the New Bedford Airport.
36:07Refer to the Special Committee on Environmental Affairs.
36:11Motion to refer to the import the Committee on Environmental Affairs.
36:14Made by Councillor Virgo.
36:16Second by Councillor Roy.
36:17Anyone on the question?
36:19Chair recognizes Councillor Shokett.
36:24Little emotional over that last vote, but that's okay.
36:28So on this issue, what I'd like to do is have, as it states, and I'll give you all the background on this issue.
36:41Pico Stone has been trucking materials in into the A1, former A1 asphalt location on Shaw Met Ave behind New Bedford Airport.
36:51There was a lease or an agreement or some kind of plan that had been in place for quite a while and it had come to an end.
37:01However, the shipping through the neighborhood still continues.
37:06So I've made inquiries all around, and I find that when I can't get an answer, the best thing to do is just get all the parties into one room and close the doors, and then we'll all talk.
37:17So my purpose in this is as suasion this issue and finding out what that agreement was, what's the status of the agreement, and what's the future of this issue?
37:32Because several of the folks in attendance here have been uh monitoring the situation for me and letting me know that you know even though this agreement supposedly doesn't exist anymore, it's in violation.
37:45We still get trucks plowing through the neighborhood.
37:48And it's a very thickly settled uh you know neighborhood.
37:52So once again, common theme, neighborhoods, right?
37:55Another neighborhood issue.
38:00And I'd like to follow Councillor Burgo's recommendation.
38:04Thank you, Councillor Chairs, Councilor Abraham.
38:08President, through you to the uh sponsor of the motion.
38:11Our next environmental affairs committee meeting I just checked, uh, which I am the chairman of this year is scheduled for June 9th.
38:17And through you to the counselor, I will have this on that next agenda.
38:20Okay, so we can get this expeditiously heard.
38:23I'll yield the floor at this time.
38:25Thank you, Councilor Abro.
38:26Anyone else on the question?
38:28All those in favor say aye.
38:31Opposed, the ayes have it.
38:33I'll ask the clerk to read item 16.
38:35President, item 16 is a written motion from Council President Pereira, requesting that the Committee on Appointments and Briefings meet with South Coast Neighborhoods United to discuss the deployment of SC and U air sensors across New Bedford and to further discuss current environmental and health issues in the South End.
38:51Refer to Committee on Appointments and Briefings.
38:54Motion to refer to the Committee on Appointments and Briefings made by Councillor Gomes, seconded by Councillor Abreu.
38:59On the question from the Chair, I apologize to uh uh my colleagues um and the colleagues from the South End.
39:06Uh I this was a motion I had to get in last minute.
39:09I did not have a chance to uh reach out and discuss it.
39:11But if anyone would like to co-sponsor and put their name on it, I will gladly accept your uh uh you on that.
39:17Um so if anyone would like to, I see Councillor Abrau, I see Councillor Gomes and Councillor Connie.
39:22If anyone else, that's okay.
39:24Um the motion has been made to refer to the committee on appointments and briefings.
39:28It's been made and duly seconded.
39:29Anyone else on the question?
39:30All those in favor say aye.
39:32Oppose, the ayes have it.
39:34I will ask the clerk to read item 17.
39:36President, item 17 is a written motion from Councillor Shoket.
39:39Requesting that the planning department and the planning board cease conducting Zoom meetings for site plan review proceedings and hold all such public meetings in person where all members of the public have the opportunity to attend.
39:49And further, the failure to properly notify a butter shall automatically invalidate any meeting for which the required abutter notifications were not properly provided.
39:58Motion to place on file and refer to the committee on ordinance.
40:03Motion to refer to the committee on ordinance made by Councillor Shokat, seconded by Councillor Kani.
40:07Anyone on the question?
40:09Chair recognizes Councillor Shokat.
40:14Oh, and sent to the planning board.
40:20Okay, so let's redo that.
40:23So motion to place on file and refer to the planning board.
40:28And the committee on ordinances.
40:31And motion has been made to refer the item to the planning department, planning board, and the committee on ordinances made by Councillor Shocott, seconded by Councillor Gomes.
40:42Anyone on the question?
40:43Chair reckoned, Councillor Shocott.
40:47This is the issue that many of the folks are here about tonight.
40:50What we have here was was an problem.
40:54Now the problem is not the issue with the Hainer.
41:13Which by the way, these planning board meetings have now been on Zoom for I don't know how long.
41:22So I've noticed a common theme, not just in my ward, but in other words, that when developments are looking to be done in people's neighborhoods, you know, they want to know what's going on.
41:35They want to be able to attend in public.
41:41A friend of mine who works for the mayor actually said to me that Zoom is the most logical way to do this and the most fair, but I I don't agree because there are some people that don't have computers.
41:55And so these meetings need to be held in public as part of the site review process.
42:07Um, again, getting back to the importance about this.
42:11The abutters lists that were used were incorrect.
42:14So many of these people did not even know that there was going to be a planning board meeting.
42:19Now, I I don't want to be known as the councillor that every time there's a somebody wants to build something, I come before the council and complain about it.
42:28However, in this instance, these folks were not properly notified that is a violation of procedure, and this issue needs to go in front of planning and to the ordinance board or the board of uh the uh committee on ordinances, so that we can put pen to paper and make sure that when the city fails to properly follow procedure, i.e.
42:53alert the general public that a development is happening of some kind.
42:58If it's not done correctly, then that's it.
43:02It's it's it you have to do it again until you get it done right.
43:05And if you screw it up a second time, too bad, so sad.
43:09You've got to do it a third time.
43:11Okay, it's this we're not talking rocket science.
43:14We're talking addresses off a spreadsheet with little stickers that go on envelopes.
43:20So let's clean our act up.
43:23Let's get this done correctly, and if not, there'll be a rule in place, and we'll have to do it again until the people have their ability to know what's going on.
43:35So I just had a point of information regarding sending it to committee on ordinance that I'm hoping our legislative council can clarify.
43:42Just because the way the motion is written, the things that and I support the our colleague in this matter because I've addressed this with our attorney before, but I think when it comes to Zoom meetings and the planning board, a lot of this is uh by state uh statute, not by city ordinance or charter.
44:00So I'm not sure why we would send it to city ordinance.
44:03I there's nothing we can draft as a city ordinance to address this matter.
44:06So I just want to make sure we're not wasting our time sending it to city ordinance if we can't address the matter in city ordinance.
44:12So the there was no way that you could have virtual meetings until the state allowed boards and and city um boards to have them.
44:24So they allow you to have them.
44:26They don't require that you have them.
44:28Site plan review is in the purview of the planning board by virtue of ordinance.
44:35And so they have site plan review powers that are granted to them by the city council.
44:42City council could in fact change the ordinance requiring that site plan review matters be held in person.
44:50And so that could be discussed in ordinance committee and ordinance developed if the council soul wish to do that.
44:59Okay, so that's okay.
45:00Okay, so that's okay just one.
45:02Thank you, Counselor.
45:03Chair recognition, Counselor Abro.
45:05President, my question was actually just asked by uh the colleague before me, just wondering what our rules of engagement were here on this.
45:13That's exactly what I was going to ask.
45:14So uh counselor Burgo asked.
45:16We got the answer, so I'm all set.
45:18Thank you, Councilor Abrew.
45:19Chair recognized Counselor Khan.
45:24I just arise to support this.
45:26I guess everybody in this room knows how I feel about Zoom.
45:29I voted no against every Zoom that's coming for for this council since after the pandemic when we we couldn't meet in person.
45:37So I think meeting in person is much better.
45:40I know that uh a lot of people weren't happy when I was a president when had anybody in here and didn't do Zoom meetings or here all night long for budgets, but that's it.
45:47Um it's about time we get back to in person.
45:51Because the neighbors, like like my colleagues said, a lot of them don't have computers.
45:56A lot of if you have a windy day, if it's a rainstorm out there, you get breaking frequencies.
46:01Now, I'm not opposed if they want to have plug-in for people that can't make it out of their house.
46:07But just like the Board of Health, they're in person, you're invited in person, it's recorded in person, and you can anybody can be in the room, but they have an ability to be on the computer.
46:19But I'm done with Zoom.
46:21Let's get back in person.
46:26Thank you, Counselor.
46:27Anyone else on the question?
46:30Seeing none, all those in favor of referral say aye.
46:33Oppose the ayes have it.
46:34I will ask the clerk to read item 18.
46:37President, item 18 is written motion from Councillor Choquette requesting that Jennifer Carlone, Director of Planning, and Attorney Jake, City Solicitor, appear before the committee and ordinances to discuss procedural violations regarding the notification of abutters related to the hangar project at the New Bedford Regional Airport.
46:53Motion receive and place on file and refer to committee on appointments and briefing.
47:03Rather than rather an ordinance.
47:08The chair would just say that if the other one was the one before this was going to ordinance, did you want to just maybe keep them together or up to you?
47:15I don't I think let's combine them.
47:18I just think it's they're the very related.
47:20Thank you, Counselor.
47:22So motion to refer to the committee on ordinance?
47:25Second by Councillor Roy.
47:28Anyone on the question?
47:30Chairness, Councillor Sherry.
47:38How what happened happened.
47:40You know, I feel like there's been a couple times where the abutters haven't received the proper notification.
47:48So maybe Director Carlone and Attorney Jakes.
47:54Sorry, solicitor Jakes, solicitor and attorney Jakes.
47:58Can shine some light on it.
48:00Maybe working together, we can find a way to streamline the process so this doesn't happen again.
48:04Because look at the end of the day, when these things happen, I'm the guy that gets the phone calls.
48:10And my constituents will tell you I always answer their calls, you know, and I try to get back to them quick.
48:16But if we can figure out what's going on and nip it in the bud, let's do it.
48:21Thank you, Councillor.
48:22Anyone else in the question?
48:24All those in favor say aye.
48:26Opposed the ayes have it.
48:28Colleagues, I will ask the clerk to take items 19 and 20 together, and I'll explain once the clerk reads it, I'll explain what what's going on here.
48:37President, item 19 is communication from the clerk to the council submitting the application for a new private liberty license on behalf of Fabio J.
48:44Texra de Grassa doing business as Grass and Solutions Transportation, located at 175 Hemlock Street in New Bedford, Massachusetts.
48:53President, is a renewal for the same license.
48:56So colleagues, uh basically it is a new license before us, but because it expires in such a short period of time in 45 days or so, we already have the renewal at the same time.
49:07So if if adopted, well we'll probably refer it to committee, but when adopted, uh that would uh be together.
49:13So uh motion would be motion to refer to the special permit committee made by Councillor Abram, second by Councillor Roy.
49:21Anyone on the question?
49:22All those in favor say aye.
49:23Opposed the ayes have it.
49:24I will ask the clerk to take items 21 through 23 together without objection.
49:30President 21 is a communication from the clerk to the council, submitting an application for a renewal of a private liberty license on behalf of Denise Fonseca, doing business as Ms.
49:39D's transportation at 240 County Street in New Bedford.
49:4322 is for the removal of a private livery license on behalf of Renee DePina of Fort Tisbury Street, doing business as United Care Transport Incorporated, located at 189 Wood Street.
49:53And item 23 is a new prior uh renewal of a private liberty license on behalf of Chris Lamontane, doing business as Cardinal Logistics Incorporated, located at 236 Hemlock Street, Apartment 2S in New Bedford.
50:05The terms of these licenses are all July 1st of this year to June 30th and 27th.
50:12Colleagues, your pleasure.
50:14Motion to adopt items 21, 22, and 23.
50:17Made by Councillor Burgos, seconded by Councillor Loops.
50:21Anyone on the question?
50:22All those in favor say aye.
50:26I'll ask the clerk to read it.
50:28President, item 24 is a communication from Keegan Werlin, LLP attorneys at law, submitting a copy of the final decision of the Energy Facilities Sighting Board issued on April 22nd of 2026 regarding petitions by NSTAR electric company doing business as air resource energy and New England Power Company doing this business as national grid.
50:49Motion receive and place on file.
50:50Motion to receive and place on file, but made by Councillor Burgo.
50:53Second by Councillor Lopes.
50:54Anyone on the question?
50:55All those in favor say aye.
50:57Opposed, the ayes have it.
50:59Colleagues, we have some tabled items.
51:01Motion to remove from the table item from April 23rd, 2026, the loan order.
51:07Motion or remove from the table item 42326, the loan order made by Councillor Burgo, seconded by Councillor Roy.
51:15All those in favor of removing the question.
51:19Anyone all in favor of removing from the table?
51:23I will ask the clerk to read the item before us.
51:26President, the item is a loan order appropriating $12,610,194 for the purpose of making critically needed repairs to city owned buildings.
51:37Motion to adopt, made by Councillor Abrew, seconded by Councillor Burgo.
51:41On the question, the Chair recognizes Councillor Carney.
51:48So I I rise because I will not be supporting this loan order tonight.
51:53I know we have a lot of critical projects within the State of New Bedford.
51:58And there's a lot of need.
52:00But we still have to remember this $12 million.
52:04Well, actually, it's $12 plus million dollars is still a loan.
52:08And it's still on the taxpayers' back that needs to pay back.
52:12We're looking at people recovering from the burden of what happened this winter and last winter with these extremely high energy costs.
52:23And who knows what's going to happen in November?
52:25It could continue to rise if the current administration stays there.
52:33Our debt surfers right now, line item debt service, line item on the budget is $12 million.
52:43That's there as we can't cut the $12 million line item because it's a debt service.
52:48We've got to pay our bills.
52:50So now we're talking about another $12 million added to that debt service.
52:56We're talking about other things.
52:58We're talking about a budget that is coming up.
53:00That if you listen to the mayor, he wants to close on a fire station, he wants to do this.
53:05We're talking about a lot of money on the taxpayers.
53:09Their taxes are going to be going up this year.
53:14So is the energy costs.
53:15So in December, when people are getting out of Christmas, and in January, what's going to happen in February?
53:23And in March, those massive bills are coming in for your energy, along with your tax bills.
53:29Where are people going to get the money?
53:31I don't know of anybody that's getting more increasing their pays.
53:34So right now, I'm asking my colleagues, let's take a pause.
53:38We gotta stop the bleed for a little bit.
53:41I understand these are critical.
53:42Everything's critical in the city.
53:44The cars are critical, the roofs are critical.
53:48But you know something?
53:49I had to wait seven years till I raise money to do my roof.
53:54And did did it ruin some of the walls?
53:58But it still was seven years till I was able to raise the money to do this.
54:05So just because it's there doesn't mean it needs to be fixed right away.
54:09It's $12 million we're talking about.
54:13$12 million added onto that.
54:16Then you're looking at another $20 million for uh for our wastewater to finish all the critical things that are in the ground.
54:24So it's a lot of money that we're looking at coming up with us that we're gonna slap on the taxpayers.
54:30All I'm asking is we really need to take a pause.
54:36Let's relook at things.
54:38Let's see what the economic development is going to do in the city of New Bedford.
54:43Let's see if we're gonna get these RFPs.
54:45We're moving very slowly in the City of New Bedford by getting things on the tax rolls and by getting businesses in here.
54:53We're not getting we're not doing that.
54:55We're just not doing that.
54:56And until we do, then we need to stop spending the mayor the money.
55:00And please ask the mayor, please stop spending it.
55:04He brought it down to $12 million.
55:06Well, even $12 million is not a big enough cut.
55:09So I urge my colleagues to take a pause on this and let's look at next year to see what we can do.
55:15And let's give the taxpayers a break.
55:20Thank you, Councillor.
55:21Anyone else on the question?
55:24Seeing none, the motion before us is to adopt.
55:26I will ask the clerk to call the roll.
55:37Councillor Schulquette.
56:01Motion to take up and adopt consent made by Councillor Abrew, second by Councilor Burgo.
56:05Anyone on the question?
56:06All those in favor say aye.
56:11There was a do we read that or do we take a channel?
56:15We need to wave rule 42 for the question.
56:18A motion to take to waive rule 42 is required at this time.
56:22Motion to waive rule 42 made by Councillor Abru, second by Councillor Roy.
56:27Roll call vote to waive Rule 42.
56:32Yes, Council Baptiste.
56:35Yes, Council Carney.
56:37Yes, Council Schulkett.
56:44Yes, Council Oliver.
56:46Yes, Council Pemberton.
56:48Yes, Council Pereira.
56:52Item passes 11 to 0.
56:54I will ask the clerk to read L1, please.
56:57President, L1 is a report from the Committee on Ordinances recommended to the Council approval of the ordinance as amended chapter 9, Appendix A, Table of Principal Uses Regulations, and L 1A is the ordinance.
57:08Motion to pass to a second reading.
57:10Motion to pass to a second reading made by Councillor Burgo.
57:12Seconded by Councilor Loops.
57:15All those in favor say aye.
57:19Seeing no further business before us.
57:21Motion to adjourn made by Councillor Burgo, seconded by Councillor Roy.
57:25All those in favor say aye.
57:27Opposed, the ayes have it.
57:29We are adjourned at 7:57 p.m.
57:31Thank you, everybody.