0:32Good evening, ladies and gentlemen.
0:35on July 15th, Wednesday evening.
0:38I'd like to call to order this committee on the special permits and licensing here in the New Bedford City Council Chamber.
0:47I am joined by my colleagues in government this evening, members of this committee.
0:51Councillor of Award 2, Scott Pemberton, Ward 1, Councillor Lear Choquette, and myself, Councillor at Large and Chairman of this committee, Ian Abrew.
1:00Thank you so much for joining us.
1:02This meeting is being live streamed and recorded.
1:05City Council and committee meetings can be viewed on the City of New Bedford's homepage under quick links, then meetings.
1:34This one's from Councillor Lopes.
1:36I am writing to inform you that I will be unable to attend tonight's committee meeting due to previously scheduled work commitment.
1:41Please read this letter into the record to make my colleagues and the public aware of the reason for my audience.
1:46Motion received and place on file both letters is appropriate.
1:50Well, someone needs to make the motion.
1:52Made by Councillor Choquette.
1:54Seconded by Councillor Pemberton.
1:56Anyone on the question?
1:57All those in favor say aye.
1:59Opposed, the ayes have it.
2:00The chair would like to acknowledge Councilor at large, Naomi Carney has joined us.
2:04I'll ask the clerk to read item one, which is now properly before us.
2:07Item number one is a communication.
2:09City clerk, clerk of the city council submitting an application for a new private livery license on behalf of George Almeida doing business as all needs transportation.
2:1732 Liberia Lane, New Bedford Mass, the term of the license, July 1, 2026 through June 30th, 2027.
2:24It was referred here on May 28, 2026.
2:27The number one is now before you.
2:33Made it by Councillor Carney.
2:41Second by Councillor Choquette.
2:42Anyone on the question?
2:43All those in favor say aye.
2:45Opposed, the ayes have it.
2:47Alameda, are you here?
2:48Please take the podium, sir.
2:56Almeda, good evening.
2:57Tell us a little bit about your business, what you're looking to do, and then I'll open it up for questions.
3:03Tell us a little bit about yourself and the business.
3:12And uh I I retired like seven years ago.
3:16And I've been doing this kind of business for about a year now.
3:20And I was thinking of doing it on my own now because I liked it so much.
3:24So I would left to start my own business.
3:28That's why I applied and see if you guys can approve it.
3:33Colleagues' questions from Mr.
3:40Oh, should I recognize Councilor Carney on her first?
3:43It's nice to see you.
3:44Carney, always a pleasure seeing you.
3:46It's always a pleasure.
3:47So um how many cars will you be having?
3:50And will you be driving the cars?
3:53And you'll hire somebody else to drive the other car?
3:55I'm gonna do it on my own.
3:57I'm starting it very, very slow, very small.
4:00And um will you be parking off the street?
4:03Uh I shouldn't have a problem because I live in a cul-de-sac and I have a huge driveway.
4:08So that I don't think that's gonna be a problem.
4:12That's all the questions.
4:13And good luck with you, sir.
4:18Is that it, Councilor Carney?
4:25I just uh one question from the chair if you'll allow.
4:27Uh do you plan on uh conducting uh airport runs, sir?
4:30Uh no, just medical like dialysis.
4:34Any transportation for school or just medical no, no uh school uh just medical like dialysis.
4:40Uh if you decide eventually you do want to delve into airport runs, just know if you're gonna do Logan, you have to be certified by a mass port, okay?
4:48And the state police are all over that.
4:50They'll they'll take pictures of your license plate, you'll get fined.
4:53So that's something you want to do.
4:54Green is no problem in Rhode Island, but Mass Port for Logan, just so you know, okay.
4:58I won't I won't be doing that.
5:00Well, that's the money.
5:01There's not much money in today.
5:02I won't be doing that.
5:05Council Pemberton, you had a question?
5:09Colleagues, any other questions?
5:11What's your pleasure on this item?
5:13Motion to um approve with a favorable recommendation to the full city council for approval, sorry.
5:19For approval made by Councillor Carney.
5:22Seconded by Councillor Choquett.
5:23Anyone on the question?
5:24All those in favor say aye.
5:26Opposed, the ayes have it.
5:28Alameda, you have been giving a positive recommendation from this committee.
5:32It will go now to the full New Bedford City Council.
5:34And that meeting will be on Thursday, August 20th.
5:37That's the final vote for approval.
5:42So if you would like to join us, you can join us that evening for the final vote.
5:46But you did receive a positive vote from this committee tonight.
5:49So next Thursday, will I get anything in the August 20th, my friend, is the meeting.
5:54August 20th at 7 p.m.
5:55So we take a little bit of a summer recess, so we don't meet every two weeks.
5:59We meet once a month in July and August for full counsel.
6:03But you can call the city clerk once.
6:05We vote to ordain this on the 20th, and the clerk's office will tell you when your paperwork is all set.
6:12We'll give you all the instructions as you go along.
6:14We we've got you covered.
6:18You're free to go if you'd like.
6:22Item two is now before us.
6:23Item number two is a communication, City Clerk, Clerk of the City Council to the City Council submitting a petition.
6:28Anna Thomas, Fall River Mass, doing business as all things with Anna.
6:32127 West Rodney French Boulevard, New Bedford Mass, requesting a waiver of residency in accordance with the section 15-38 of the city code to obtain a license to deal in junk, old metals, or any other secondhand articles.
6:45It was referred to on June 11th, 2026.
6:48Item number two is now before you.
6:50I need a motion receive and place this on file.
6:54Made by Councillor Choquette, seconded by Councillor Pemberton.
6:57Anyone on the question?
6:59All those in favor say aye.
7:04Please take the pony a ma'am.
7:10So tell us what are you looking to do at the Kilburn mill and tell us about the business and we'll open it up for questions.
7:16Um I'm wishing to open a second hand store, thrift store.
7:20I was previously at far a flea market that closed down.
7:24And so I've been in New Bedford through my day job, which is working for the state across the street from Kilburn Miller for a while at the DTA.
7:35And now I just wish to move into Kilburn Mill and open an actual store instead of working in the flea market.
7:44Colleagues, questions for Ms.
7:47Chair recognizes Councillor Chocetton is first.
7:50Thank you for coming in tonight.
7:51So when you say second hand, is that like consignment type stuff?
7:57Uh household goods, toys.
8:00Just yeah, those type things.
8:04Have you ever run a business before?
8:07I've had a hair salon, I've had a cleaning company, and um again, I worked at Far Far River flea market for the past year and some change until they close down to sell the building.
8:23Thank you, Counselor.
8:24Anyone else for this applicant?
8:27Pretty pretty cut and dry, right, folks?
8:30I'll entertain a motion at this time.
8:35Motion for referral to the city council for final approval.
8:39For a positive recommendation made by Councillor Kearney, seconded by Councillor Choquette.
8:43Anyone on the question?
8:45All those in favor say aye.
8:47Opposed, the ayes have it.
8:49Thomas, similar to what I said, Mr.
8:52You have now been given a positive recommendation from this committee.
8:56It will now go to the full new Bedford City Council on our Thursday, August 20th meeting for a final vote of approval.
9:04So if you'd like to join us, we'd love to see you.
9:07Have a great evening.
9:09And good luck to you.
9:11Item three is now before us.
9:13Item number three is written motions, Councillors Abre and Oliver requesting that the City Council engage the appropriate city department heads to explore the feasibility of the permitting host community agreements, HCAs for on-site cannabis consumption establishments, commonly referred to as cannabis consumption lounges or social consumption establishments in accordance with the Massachusetts General Laws and Cannabis Control Commission regulations adopted in 2025.
9:38And further, requesting the said departments report back to the City Council with findings, recommendations, and any necessary local actions required to lawfully implement such establishments within the City of New Bedford to be referred to the special committee on special permits and licensing, the health department director, Stephanie Sloan.
10:00Police Chief Jason Thhody, Planning Department Director Jennifer Carlone, City Solicitor Eric Jake and the representative from the mayor's office.
10:07The item was referred here on February 12th, 2026.
10:10On March 19th, 2026, it was heard and then tabled.
10:13Number three is before you and it remains on the table.
10:15I need a motion to remove this item from the table.
10:18Made it by Councillor Kearney.
10:20Seconded by Counselor Pemberton.
10:22All those in favor say aye.
10:24Opposed the ayes have it so the item is not properly back before us.
10:28I did receive a note colleagues from Planner Carloni before this evening's meeting.
10:33She was um not able to attend tonight but she really had no updates for us, she had said from a zoning standpoint from her colleagues and everything else that she's been dealing with with the state and networking and all of that to find out where things were at.
10:49So she had no updates from her end and what others in her position were doing.
10:54So that was her update she wanted me to pass along that there's really not much movement there from her perspective but we do have several other department heads and I know it's been a while since this committee heard it and it's always good to take these things off the table to dust them off and see where things are at and either we can leave these items on the table or we can just take action or refer them off on no further action.
11:18So we'll see what happens.
11:20Colleagues I mean I I is if anyone you want to hear from first if not I can call up the first individual tonight or I'll open it up to you all first.
11:31Well we have the police chief here, Chief Thody if you'd like to take the podium sir.
11:39Good evening chief good to see you.
11:41Good to see you as well.
11:42I I know it's been a while as the clerk mentioned it was February when we had this first punt it over here.
11:48Any updates from a law enforcement standpoint on what the state or some of your colleagues are doing as it relates to cannabis cafes starting to get online in the Commonwealth or how are other municipalities in your type of line of work t tackling this or are they not yet I guess is the question yeah I mean I think I think you know my I don't think there's anything's changed since the last time uh that I testified though the biggest problem is is recognition of impairment and that goes for operating a vehicle we don't have roadside tests that uh that would be a f really effective in in recognizing impairment to be able to enforce OUI.
12:29Recognizing impairment as far as being overserved are is an issue that that's that's out there that you know other chiefs and and and we have discussed it's tough because some of it is like especially edibles or like late onset.
12:45So over serving is a little bit more difficult to figure out than than alcohol.
12:50So you know mostly it's it's road safety I think is the is the primary one just because we don't have an efficient way to to measure it.
12:58You know but we've got you know I think it's too early to really tell what kind of a tax it's going to put on the police department as far as you know we're already short staffed and um and what uh establishments like this could bring as far as extra details or that that we may or may not be able to fill.
13:15We know that predominantly cannabis is a cash business because it's still federally regulated that they don't have the same access to banking systems and credit card systems and things like that.
13:24So they do become these locations have become you know in in doing a little bit more kind of reading they become targets for burglary robbery things like that just because it's a a lot of cash on hand.
13:37You know all of those are just you know a matter of whether we can whether we have the staff to to cover those things or not.
13:45Biggest concern is is operation and identification of being overserved and being you know under the influence either because you've been overserved at the establishment or because you're operating the motor vehicle I I know that us locally and if you'll allow from the chair when we in the ordinance committee are through council and we write a law or an ordinance with our legal counsel with the solicitor we don't write something andor pass something without law enforcement being at the table as it relates to enforcement right making sure that there is a mechanism that gives you the teeth and the leeway to do your job to enforce the law.
14:23I just don't understand I'm asking you a question to which I know you don't know the answer but I I just don't know how Boston meaning Beacon Hill legislators can pass a law without law enforcement being at that table because to your point there's still no mechanism to test for high while driving like drunk while driving there's nothing so it kind of hamstrings you a little bit doesn't it?
14:46Yeah I mean it's it's even beyond roadside.
14:47I mean like I said and just kind of doing some you know stay trying to stay up on this and and keeping up with the research I mean even blood even blood tests for THC are not super reliable.
15:00I mean, I'm not an anti-cannabis chief.
15:02I guess there are some out there, but like I'm not bad guy.
15:05I think that's the way.
15:06But like to to make something legal without a mechanism to to kind of enforce the road safety piece.
15:13I mean, we know how bad impaired driving, you know, that we lose a we lose a lot of lives and get a lot of injured people.
15:18Um in fact, you know, one of my focuses for this year in in the budget is is driver safety and road safety.
15:25I've doubled the size of the traffic division here in New Bedford because of that.
15:28So this is kind of frustrating for us not to be able to enforce that.
15:31So I don't have a good answer other than well, that's my libertarian side.
15:34I am all for adults making adult decisions.
15:36I know there are economic impacts, right?
15:38Job creation, tax-based growth, but if there's no mechanism in place for you, I don't know.
15:44Colleagues, any questions for the chief while he's up here so he's not back and forth.
15:48Thanks, Chief, for coming in.
15:50So um I heard you correctly, right?
15:52You said there's no real reliable even blood test.
15:56Yeah, even or at least at the level that we could actually use.
16:00In detection of THC, again, it's it it enters the body differently than alcohol.
16:05And um even the tests like the like a blood test is even less accurate as far as THC levels go.
16:11Um that was through some, you know, some additional research.
16:14Uh but you know, kind of if we're doing a blood test, it's kind of too little too late at that point.
16:18A lot of times there's a there's a serious physical injury accident or a fatality where we're getting a warrant and getting somebody's blood to try to show impairment.
16:25So that's kind of you know, that's kind of later.
16:28Um, but even that i is not is not really accurate.
16:32Um there are DRE courses, drug uh recognition expert courses.
16:36Um they're in excess of a hundred hours for the officers.
16:39Um I don't think they hold up in court as well uh because it's not an actual test like BAC.
16:45Um it's a serious lift.
16:47We don't have any in New Bedford.
16:50Um so I mean there is something there, but um I'll be honest with you, like reading it and and kind of how it works.
16:57Uh I don't think it's like blowing into a breathalyzer where you get a where you get a number and you say, okay, this is where we're at.
17:04I I don't have any statistics about how many, you know, how many of these OUIs are related to cannabis versus versus alcohol um because I just I because I I don't think it's easily recognizable.
17:16I think that's the problem, is that it's hard to get those numbers.
17:23Thank you, Counselor.
17:24Chair recognizes Councillor Pemberton.
17:26Hi, Chief, how are you doing?
17:28Um I know we say that we don't have nothing in place, like there's nothing of that we can tell.
17:34But let's say like we have a regular routine that we that someone does get pulled over uh and they do the the other uh other influence but what other procedures that that are taken there that were I mean like how do they know like if there's no proceed, you know what I mean?
17:51Like if there's nothing in place where to tell if there's anybody under fluids or bad water, but they get pulled over.
17:57Well so that's just it.
17:58There's nothing right now for somebody, you know, to to be able to to to like like nystagmus is present with alcohol, it's present with some opioids and some other drugs.
18:09Um it's not true for cannabis.
18:11So the enforcement of it is is extremely difficult.
18:14Most of the t most of the instances of enforcement of OUI with cannabis that I've seen have happened like post-acident through um some kind of testing.
18:24Uh it's interesting to see that the that the that the blood test is not as reliable as it as it should be, because I I imagine that that that'd be a reason to get away with it in court.
18:32You know, it'd be something some that a defense attorney could poke holes in.
18:36So I just think it's not um, you know, it's kind of the cart before the horse, right?
18:40We just don't have the ability to to test those kind of things.
18:43And I can't say why some communities have decided to, you know, kind of increase the the likelihood that folks are driving around the streets under the influence of cannabis when we don't have a good way uh to enforce it.
18:57Uh and and even you know, you've got um, you know, the the uh the bar the bartender training for alcohol has been around a long time.
19:04In in kind of reading, there's not a lot that's effective in that either for them uh to to find out when somebody's had enough to shut them off for lack of a better term at you know, at a facility with alcohol, it's much it gets into your system much quicker, it's much easier to identify intoxication and and being overserved where they might stop somebody, take their keys, right?
19:25All those things that we know we do with alcohol, it's just not a thing with cannabis yet.
19:29I I hope someday that technology comes out, and I hope I'm the one that develops it so that I can retire comfortably.
19:36But it's just not the case right now.
19:42Thank you, Counselor.
19:43Anyone else for the chief while he's here?
19:45We don't want him ping-ponging back and forth.
19:48I just want to make a comment.
19:51Um I think this cats before the horse.
19:53I think this is way too soon.
19:55I don't want to see any cannabis cafes in the city of New Bethton.
20:02And yeah, but I I think it's a copy for the horse.
20:06I think when they did the when they when they did the cannabis, the whole cannabis thing to begin with, they caught before the horse.
20:13It was nothing there now for you to sit there in your house or in the park or with friends, whatever, and leave a house, there's no way to detect it.
20:21So I'm with you, it's caught before the horse.
20:23I'm not ready to see cannabis cafes in New Beth anytime soon.
20:27Maybe I'll join you there in ten years.
20:31And listen, if uh I'll get in on finding a way to detect partners.
20:37All set, counselor, thank you.
20:40Anyone else for the chief while he's here?
20:42All right, my friend.
20:45We have Stephanie Sloan and Eric Jakes.
20:48Does it matter who we hear from next?
20:57You have to adjust the mic after uh the chief is there.
21:04Um so between uh now and the last time that we met, um the Massachusetts Health Officers Association had they invited the chief of staff from the uh CCC to speak to a bunch of public health professionals.
21:21Um I attended that meeting.
21:24Um he spent most of the time giving a presentation of the stuff that we already know, you know, the types of permits and all that sort of stuff.
21:31Um but we did have an opportunity to ask him questions.
21:35Um I asked a lot of them.
21:38Um I'm shocked, I tell you.
21:41Um one of the first ones I asked is um, you know, what does the timeline look like?
21:47I know you know you at Express and some other counselors at Express, you know, we don't want to be so far behind other communities.
21:55Um and so I asked, you know, what is the timeline gonna look like for when you anticipate, you know, all the training being ready and being able to actually um give out the first permit.
22:08And I I sort of got a non-answer.
22:11Um they're like, oh, if you have someone who's interested, let us know.
22:14Um but that doesn't that's not that's not giving me an idea of when everything's actually going to be in place.
22:21So um they did say that um like they have the host community agreements on their website for the marijuana distributors, they'll also have a list of um all of the communities that uh say opt in.
22:39Um I also asked a lot of questions about compliance.
22:45Um they said that each uh facility will be assigned, much like the current establishments, um each establishment will be assigned a compliance officer who will work with them through their permit process to make sure that they're in compliance.
23:04Um they said that they would also respond to complaints.
23:10So if complaints came up either that came to the health department or that the community had, they would have a portal that you could put complaints in.
23:19Um but when I asked about I asked about routine compliance.
23:25So with our uh tobacco compliance, we do routine inspections, we do complaint-driven inspections, and we also do our youth compliance inspections.
23:35And so I said, you know, the state has a very successful model for tobacco.
23:40Will there be routine inspections?
23:44Um then I asked about youth and youth compliance inspections, and he said, well, that's a good idea.
23:51Um so I didn't have a lot of confidence that they've sort of thought through all the pieces of the compliance piece yet.
23:58Um he also said that it's an opportunity for communities to collaborate with the CCZ, which means to me it's gonna fall on us locally to do the compliance, particularly when it comes to uh events and hospitality.
24:17Because for those types of permits, the event or the instance when a complaint happens is probably gonna be over by the time their compliance officer, but they get the information and they come down to New Bedford to check it out.
24:32So I do have concerns, you know, aside from public health traditional public health concerns.
24:39I do have concerns about um the compliance piece.
24:44Um I feel like a lot of it's gonna fall on you know local public health police to sort of enforce.
24:51Um I did also speak with one, two, three, four, five, six, seven.
25:00I did also speak with one, two, three, four, five, six, seven, of the uh health officials in the large cities coalition that I'm a part of.
25:08And they are all in various stages, but a lot of them are sort of waiting and seeing.
25:15Some haven't had any discussions about this, some have had discussions, but want to see you know what the C C E C comes out with for training and what they officially come out with for compliance.
25:29So that is my update.
25:32I knew you would come with your homework prepared.
25:35I know you well done thank you.
25:37Any questions for Director Sloan?
25:41So we'll be in the holding pattern still like everyone else right now.
25:44We'll kind of see where things are at, but thank you for the update.
25:47I really appreciate it.
25:49Anything else for Stephanie before I sit her down.
25:54All right Eric, you're up.
26:03All right, solicitor, any any updates from the administration as it relates to even having a 30,000 foot view discussion about any type of ordinance or regulation or weed not even there yet.
26:16We're not there yet and I'll be very brief in my comments.
26:20I want to pick up on the compliance comments in the organization and operation of the CCC.
26:28You'll remember that our original HCAs for retail establishments were promulgated three years ago and initially approved.
26:40The CC is just now getting around to making changes and corrections to those HCAs.
26:49Like the three like the three percent right we don't like the way this is worded I got one in today for one of our current retailers that they want to make a change and then I would remind you that I spent a significant amount of time peering before you with regard to social equity applicants and our social equity policy.
27:17I would remind the council that that was submitted to the CCC in August of 2025.
27:26I have not yet had a response as to when that will be reviewed or any comment on it.
27:34So when Stephanie says she questions whether or not compliance checks are going to occur if they can't get their acting gear reviewing paper documents what makes us believe that they're going to come down to New Bedford on occasion for compliance.
27:54Now isn't the CCC no longer constituted or constructed the way it once was it falls under the executive branch right?
28:01It has been restructured as far as its oversight that the folks that are working there have not significantly changed yet nor has there been any significant increase in staff.
28:14So things could change with time but right now I'm not convinced that it's even worth discussing this right now.
28:23We certainly have the cart way ahead of the horse.
28:27And that was the point of this motion I think I'll speak as one of the co-sponsors have that discussion because it's going to come up at least now when the wheels are put into motion at least we were already have had a little bit of a foundation so I'm glad that we're a little bit ahead of the curve at least having this sometimes even an uncomfortable conversation about it so we know where we stand and we know where we may or may not want to go.
28:51Any questions for the solicitor while he's here Council Shouquette?
29:01Good evening Council Shokett um I apologize Solicitor Jakes when you were talking about that CCC body is that a state level yes it's the can State Cannabis control commission.
29:13Wow they're not known for their celerity are they a whole year and they haven't reviewed stuff?
29:24Have you noticed that I mean do you have any idea how many people are on that I don't no I will tell you that they're picking up because now they're looking at some of these things but I'm just not convinced that there's going to be a lot of compliance down here in New Bedford aside from all of the other issues safety-wise that have been raised previously by the administration by Stephanie and by our police chief.
29:51Well I suppose Massachusetts government tends to be Boston centric, right?
29:57So unfortunately Okay well thank you Mr.
30:00Well, thank you, Mr.
30:03Anyone else for the solicitor jakes?
30:05Colleagues, I think given what we've learned and what we heard from Planner Carlone, the police chief, Director Sloan, Solicitor Jakes.
30:12I mean, there's no movement to be had on this right now.
30:15The state is still, quite frankly, a mess when it relates to this.
30:19And we'll take this back up in the future when we get more and receive more state guidance, if and when an ordinance is appropriate, we can have another motion, file it in the appropriate committee, have all these folks at that table, and we can craft something.
30:32So I think with that being said, a motion to refer out to the full council for no further actions appropriate at this time.
30:39Made it by Councillor Carney.
30:41Second by Councillor Pemberton.
30:42Anyone on the question?
30:43All those in favor say aye.
30:45Oppose the ayes have it.
30:46Seeing there's no other business before us tonight.
30:50Made by Councillor Carney, seconded by Councillor Pemberton.
30:53Anyone on the question?
30:54All those in favor say aye.
30:55Opposed, the ayes have it.
30:57We are adjourned at 7 31 p.m.
30:59Have a great evening, everyone.