Ordinance Committee Meeting on Rezoning, Data Centers, Legal Notices, ALPR - October 26, 2026

The New Bedford City Council Committee on Ordinances met on Monday, October 26, 2026, at 7:01 PM. Chaired by Councillor Shane Burgo, the committee addressed a rezoning request at 30 Brigham Street, an ordinance to prohibit data centers, a home rule petition to modernize legal notices, and a framework for ALPR technology. Multiple unanimous votes were taken, and items were referred to the full council or tabled for further research. The meeting adjourned at 7:50 PM.

Consent Calendar

• Letters of absence from Councillors Choquette and Gomes were read and placed on file.
• The favorable recommendations from the Planning Board for Item 1 (30 Brigham Street Rezoning) and Item 2 (Data Center Prohibition) were received and placed on file.

Public Comments & Testimony

• Item 1 (30 Brigham Street): Ashton Albanaz, the property owner, spoke in favor of the rezoning. He stated that the split zoning prevented him from leasing the back section of the building, leaving it half empty for six months.
• Item 2 (Data Centers): Warren Samuels (235 Portland Street) spoke in favor of the prohibition. He raised potential conflicts with the Hicks-Logan area ordinance and Massachusetts General Law Chapter 40, Section 6 regarding previously approved land uses. He urged the committee to carefully weigh actual tax revenue against other potential uses.

Discussion Items

• Item 1: Rezoning of 30 Brigham Street: Director Jennifer Carloni confirmed the Planning Board's favorable recommendation. The committee voted unanimously to forward a favorable recommendation to the full City Council.
• Item 2: Prohibition of Data Centers:
  • Director Carloni detailed the negative externalities of modern data centers (noise, water, electricity, heat) using the Lowell example, framing the ordinance as a needed "pause" to allow for proper regulation of the evolving industry.
  • Councillor Abreu expressed strong support for the pause, emphasizing the need to avoid community impacts seen in Lowell and likening it to the careful zoning approach used for cannabis. He stressed the importance of balancing economic development with neighborhood quality of life.
  • Councillor Pereira inquired about the timeline for developing new regulations (estimated within one year). He stressed that the Committee on Ordinances should be involved in drafting alongside the Planning Board. He also questioned the city's utility capacity for such facilities.
  • Councillor Lopes noted the existing Verizon switch center in downtown that could be retrofitted for a micro data center, asking that the Planning Board consider this during due diligence.
  • The committee voted unanimously to refer the ordinance amendment to the full City Council with a favorable recommendation.
• Item 3: Home Rule Petition for Legal Notices:
  • Chair Burgo introduced the topic, citing $15,000 in legal notice costs for the City Council office alone in the current year and noting the outdated nature of newspaper advertising. He stated that Topsfield, Stowe, and Wayland have already submitted similar home rule petitions.
  • A letter from City Clerk Dennis Farias was read into the record, expressing full support and noting the effort could save tens of thousands of dollars annually in legal costs.
  • Councillor Pereira proposed that the primary advertising method be a dedicated page on the city's website and postings in all public libraries, with the local paper of record as an emergency backup.
  • Atty. David Gerwatowski advised that narrowing the methods to a single primary source was the best approach to avoid public confusion and agreed to draft a revised petition covering all city departments.
  • Councillor Abreu suggested exploring an official City Council Facebook page for publishing notices.
  • Two motions passed unanimously: 1) All city departments must report all legal advertising costs and alternative platforms used. 2) Legislative counsel is to draft a home rule petition reflecting the committee's guidance.
• Items 4 & 5: ALPR Technology Ordinance Framework:
  • Chair Burgo reported that Police Chief Jason Thody was at a conference and requested the item be tabled. Deputy Chief Belong was present.
  • The city's contract with Flock (the ALPR provider) will end on November 12, 2026, and will not be renewed.
  • The item was tabled to the next regular meeting on November 18, 2026, pending Chief Thody's return from the conference to provide an updated report.

Key Outcomes

• Item 1 (30 Brigham Street): Unanimous vote to grant a favorable recommendation for the rezoning to the full City Council.
• Item 2 (Data Centers): Unanimous vote to refer the prohibition ordinance to the full City Council with a favorable recommendation.
• Item 3 (Legal Notices): Unanimous votes to gather data from all departments on legal advertising costs and to instruct legal counsel to draft a home rule petition. The item was subsequently tabled pending the draft.
• Items 4 & 5 (ALPR): Unanimous vote to table the discussion to the November 18, 2026 meeting.