Appointments & Briefings Committee — February 17, 2026

Dana, you ready?

Okay, tell me when, Dana.

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

I am Naomi Carney, chair of this committee.

In the chambers, we have Councilor-at-Large Ian Abreu.

Councilor Ward 2, Scott Pemberton.

Councilor Ward 1, Leo Choquette.

Councilor Ward 5, Joseph Lopes.

Councilor-at-Large Brian Gomes.

Councilor from Ward 6 and Council President Ryan Ferreira.

Councilor-at-Large Jane Burgo.

And Councilor Ward 3, Sean Oliver.

Thank you very much for being here.

Do we have anything to read in the record?

Nope.

One letter, right?

I don't know if you want to do Oh, I am sorry.

No, this meeting is being live streamed and recorded.

City Council committee meetings can be viewed on the City of New Bedford's homepage under Quick Links, then Meetings.

Okay, do we have anything?

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.

From Councilor Baptiste.

Motion received and placed on file.

Moved by Councilor Oliver, seconded by Councilor Burgo.

All in favor say aye.

Opposed?

The ayes have it.

Item number 1 is citizens input time, not to exceed the first 30 minutes of a meeting.

Each individual recognized is able to speak for a total of 3 minutes.

Number 1 is, uh, Annette Salnia.

Miss Salnia.

Please excuse me, Miss Sonia, one second.

Before I start, I just want to recognize that Councilor Roy, Councilor Latchett joined the, uh, the meeting.

Thank you.

I'll set— whenever you're ready.

Oh, I've never done this before.

I'm a little nervous.

So I have 3 minutes?

Yes, you do.

Okay, this is start now.

Okay.

Hi, my name is Annette.

I've been a citizen of New Bedford since 2002, and I absolutely love New Bedford even though it has its issues.

But today I came here really kind of wanted to speak about— I am currently Oh, I'm so nervous.

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

It's a permanent placement program.

I've been in this program, it'll be 2 years on March 1st.

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

I'm completely grateful.

That I have a place to live and a place to get back on my feet.

You know, but it doesn't come, you know, 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 Community and Housing Development, and so now here I am.

Some 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 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 really look at, you know, what we qualify as standard housing practices.

You know, 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.

I think there should be different inspection 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, $1,800, $2,000 a month rent to be living with some of the same circumstances that I'm living with isn't right.

You know, and I just— and I'm going to learn to advocate for that.

And 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.

You're going to continue to probably listen to me about this because I think it's a problem.

We're spending federal funding for 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 just because these people are in whatever situations they're in, You know, and it may be different than mine, right?

But they still deserve, you know, 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 3 minutes of time.

Thank you.

Is that for you?

Madam Chairman?

Yes.

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

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

No one knows that better on the City Council than myself, you, Councilor 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 their houses so we can find out where, because we have dealt with many of those situations in the city.

Thank you.

1B is Alan Gannetto of County Street, New Bedford, speaking on the former Cape Verdean Youth Athletic Association.

Mr. Gannetto.

Good evening, councilors.

Good evening.

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

The agreement is, uh, right now with Jay Williams and his lawyer.

This is in reference to leasing to buy, okay?

This is a 1-year lease.

After the 1-year lease, I must make a decision on buying the property.

The intention of the club is to have a Latino club on weekends for dancing, a community center as far as The longshoremen are going to be moving into that Y.A.

Well, it's going to be called something different, but the Y.A.

will be moving in there.

I have other entities on weekends because I've been doing a lot of research and I see what's going on with the Salvation Army, how they do a wonderful job of feeding the homeless on weekdays.

And so we plan to address feeding the homeless on weekends.

Down at this place through our foundation.

This is through my Uncle Ben Rose because 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 did such a good job that they named the South First Street Ben Rose Gardens and also the softball field was named after him down on South Front.

Ben did a good job, but he's always telling me, 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 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 parking lot of the band club when I was, um, 3 years old.

I was 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 give back to the community.

I left here for a couple of years I moved to 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 Repoussa, Monty Park, Dennison, and also we're 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 YEA is not going to be just a club.

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

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

That's it for me.

Thank you so much.

Anybody have any questions?

None.

So thank you.

1C is Christopher Lamontang of Hemlock Street, New Bedford, speaking on the effects of social sanctioning.

Mr. Lamontang, thank you.

Good evening.

Hey, how you doing?

Back again.

I was here a couple months ago.

Um, I'm actually here to ask, and 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, 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 over.

Is 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— I'm pretty certain.

You know, I'm not an attorney.

I'm just a resident of this 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 discredit its residents.

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

This is your duty 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 drugs in and out of the building being sold.

Now, 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 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 show you them.

This is part of it, what you're seeing right in front of you.

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. Jake'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.

The Constitution is a serious piece of doctrine that really and truly needs to be protected.

You know, that guy right there, he stood for that Constitution wholeheartedly.

He put it together.

Huh, him and a few other brothers.

Now come on now, let's wake up.

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

Thank you.

Thank you, Chris.

Uh, 1D is, uh, Madam Chairman.

Yes, excuse me, I have a question for him.

Chris, would you like to hit the podium?

Um, Councilor Gomes.

Chris, have I not taken your phone calls?

You have.

Haven't I listened to you?

Yes.

Haven't I told you to go 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?

Is to get legal— protect my rights.

Your rights are protected.

That's why you're here tonight.

I don't believe you've been doing— you haven't, you haven't helped in making the correction to the the public record, which I have requested multiple times to— 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— 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— I'm sorry, this is the one that issued the false record.

Filled with inaccuracies, Mr. Gomes.

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

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

You also mentioned another colleague.

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

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

I don't know who else you talk 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 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 with the city of New Bedford.

What did I do?

I don't know what you did.

I wasn't there.

I've never committed a crime.

I understand.

What action did I take that got me in this situation, Mr. Gomez?

What are you talking about?

You said you were sent to the housing court where you were assaulted.

Yes.

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

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.

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, you know I'm not going to tolerate it.

You're not going to come in here and blast me, or no one's going to blast me, and I'm not going to defend myself.

Yes, thank you.

Thank you.

That— you see what we're dealing with.

1D is Kevin Mallow of Hemlock Street, New New Bedford, speaking on public records documentation facts.

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

That completes citizens' input time.

Item number 2 is a public hearing continued on the application of Laguerre Pierre Marc, doing business as L&S 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 to Tuesday, February 17th, 2026 at, uh, 7 PM 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 on what you'll be doing.

Good evening, ladies and gentlemen, and I'm the owner of L&S Transport.

And could you get closer?

Bring the mic— oh, you can bring the mic up, stretch it up.

All right, there you go.

Much better now?

Much better.

All right.

Oh yes, I'm the owner of L&S Transport, and, um, um, before, um, that get me So I had the shops— the shop was in Bridgewater, and then rent was getting high, and then I decided, so I have to put everything on hold and then start saving money and get my own place, which is what I did.

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

I have a few silver and ask him that what can and I can't do there.

And I tell him I was going to do a repair 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 repair, yes, you can do that.

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

So I proceed with the sale 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 7D vans.

I got a couple of them and I have a couple of trucks too because I have 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 closed out the sale and everything, So I was paying rent someplace and I moved 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 cleaned up because it 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 James stopped by.

He said, do you have a permit?

I said, no.

He said, stop Stop everything, which I did.

He said, come meet me at the building department at 2:00, which I did.

I came over.

You're going to have to see my boss, and then he's going to tell you what to do so you can apply for a permit.

Long story short, it's 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— I'll talk to Matthew all the time because I work a full-time job, 6 PM to 6 AM in the morning.

After work, when I 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, cars you have there, they got to go.

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

I can't take them and throw 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.

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, $300 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 got to move those trucks.

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 show to everybody this is mine.

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

So he said, okay.

I said, he told me, go ahead and do what you call an appeal for a 2-ticket, and then I will hear from him.

3 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 6 in the morning, first time I come, first place I come is here.

Before I go home.

And I came, go to the next-door office, see Angelique Taylor.

She tell me, this is the process which you need to apply for.

And I give— she said, it's going to be a check for $700.

It's going to 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 the check and give it to her.

Long story short, again, sadly for me, I have a son son that has sleep apnea.

So they— 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 17th, 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 gonna still going 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.

It 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.

And I tell her, she said, okay, it's for this day.

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 put in there.

I'm like, wow, I just 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 2 names that sent me the package.

I explained to 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 of 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 I— 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 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 10 or 7 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?

Because you Have a seat for a minute.

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

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

Is he all set?

No, the special permit is going to be, um, voted on by Right, council tonight, right?

We sent him a letter back on October 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, you can't park your cars here, you can only have one unregistered vehicle here.

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 some of the trucks off the sidewalk, but if you go down there, you can still see once the snow's gone on it.

There was, um, fluids that were leaking from his car.

I don't know if it was gasoline or kerosene.

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.

We told him you can't put them 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 going to speak for Matthew, but if you want, I'll make a copy of this so you can all read what statutes that he was in violation of.

It's 2 pages full.

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

Have you checked out the facility?

The building is— he's not going to be able to repair cars in there.

He doesn't have an 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 a room for vehicles there.

I think the site plan shows 6 or 7 in the front.

Yeah, it shows, um, 7 vehicles in the front.

Does any— councilors, do you have any questions for the commissioner?

Councilor Lopes.

So, Danny, just for clarification, application.

If we're going to 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, Councilor 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— he started the roof without, without permits.

I understand that.

Okay.

Yeah.

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.

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 4 times a year.

They don't have it on record and we don't have anything on record that there's an MDC drop in there.

Okay.

All right.

Thank you.

Thank you, Councilor Gomes.

Councilor Oliver.

Thank you, Madam Chair.

Danny, um, if we amend it right, he can always continue on and go the route to, to get that Um, the permit that he needs from DPI, and you, you get— they'll go in there and take a look to see if there, there is one first, or how does that work?

Because you have to pull the permit.

Because 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 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.

Yeah.

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

You would have to put— you 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 would have to be checked to make sure that it's working properly.

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

Okay.

All right, that was one thing.

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

So, uh, one of them would go first.

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

Yeah.

So if we approve it today with the— 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?

He can store his vehicles there with no problem if he— well, it's going to be a 20-day right to appeal, right?

Okay.

All right, that's it.

Thank you.

Thank you, Danny.

Thank you, Councilor Oliver.

Councilor Abram.

Thank you, Madam Chair.

Hi, Danny.

Um, so 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 30 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 So did my grandfather.

So yeah.

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

So when they made a repair, 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 MDC came in.

It's been here as long as I've been here, 10 years, but how long, 15, 20 years they've been in existence?

That's been there— well, that building's been there for a good 55 years, 60 years.

Okay.

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

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

Nichols might have put it in, but I don't have anything 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.

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've got to be a good corporate steward, right?

And regardless, right, we're pro-business, but you've got to be— you've got to do right by the neighborhood, right?

So, well, when you're getting 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, Councilor Avril.

Councilor Burgo.

Thank you.

After it goes through the city council, does it not also go before the licensing board as well for 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?

Yeah.

They don't do any background checks?

They don't do any other review?

I can't speak for them what they do.

I know that— well, you just did.

You said that they just approve it at face value.

Well, face value, 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— but there is a process.

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 went to them also.

We're the final.

Okay.

I'll get clarification on that.

Because it's 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 going to have to go now before the licensing board 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 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'll go in front of her board for them to take final action and approve?

Yes.

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

Not at the present time.

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 going to 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 going to 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, see, that would be the better thing instead of us amending this and delaying it.

I don't get a pleasure of having— no, I'm not saying for you.

I'm saying for my colleagues that might want to amend this and delay it longer than it already has been delayed.

This gentleman, as he mentions, 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.

Councilor Lopes, can I speak to Attorney Gorotowski?

Absolutely.

Thank you.

So, Attorney Gorotowski, 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're test where they're appropriate, then he doesn't have to pay the $700 to the 2 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— yes, the other part of the license.

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

Because in this— in the zoning code, they're, they're 2 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 2 activities seem to be lumped in, you could probably bifurcate them and say we're going to grant the special permit, um, for, um, you know, for the motor vehicle sales, if you want to let that one go to the council.

And then with respect to the permit for the, um, for the general repair— 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?

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 he does have the MDC trap.

You could require that only, or you could continue the hearing for purposes only of the general repairs, if you want to continue the hearing.

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 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 vehicles and rentals.

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

Just do that.

Yeah.

Okay.

It's a little complicated how you— 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 anywhere.

I think— thank you, Councilor Lopes.

Councilor Gomes.

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 and it's functioning, can we do it that way?

Well, you, you could make it— you could approve it, um, with the condition that the building department, um, reports to the council that a satisfactory MBC 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, and if it's there tomorrow, then, then the council can adopted and it's already in.

Okay, so it's an easy, an easy fix here.

Um, pass this through with the 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 an MDC trap being satisfied, satisfactorily installed by the, um, and approved by the 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, Councilor Gomes.

That would be my motion.

Councilor 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 9 days till the city council is the only authority in this.

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

That's not till 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 payroll approval based on approval of an MDC trap.

You could do it that way.

Yes.

Perfect.

Thank you.

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

Perfect.

Thank you, madam.

Okay, Councilor— Councilor Berger.

Councilor Pera said what I wanted to say.

We have 9 days.

All of my final action Thank you.

Everybody's kind of saying the same thing.

Also, thank you.

So I'm going to throw another— I'm going to 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?

On the 26th.

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'd like to— Councilor Lopes would like to— I believe he wants contingent upon the tramp.

Exactly.

Yeah, I thought he was done, but he didn't answer.

So 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, the building commissioner gives you an answer before the council meeting and you say, oh, by the way, members of the council, he didn't have the trap, we can amend it to require it be put in.

Yes, you could do it that way as well.

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

That'll be a question for the building commissioner.

Okay, thank you.

That's all I have for, uh, uh, Attorney Jarotowski.

Thank you.

Councilor Abril.

Thank you, Madam Chair.

I mean, I, I'm hearing what my friend from Ward 3 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 him 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.

Yes, sir.

Okay, good enough for me.

Thank you, Madam Chair.

I'll yield.

Madam Chair, just a quick statement.

The gentleman has said to me twice as I turned 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.

Councilor 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 empty C-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 talk to the people at DPI to fill out 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.

You're welcome.

Thank you, Councilor Lopes.

Anybody else need to speak to the attorney, commissioner, or applicant?

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

Does anybody want to speak in favor of this petition?

Speak in favor.

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?

Seeing none, I'll entertain a motion to close the public hearing.

Made by Councilor Burgos, second by Councilor Oliver.

All in favor say aye.

Opposed?

The ayes have it.

Councilor Lopes, 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, 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, upon the, um, okay.

Okay, do I have a second?

Second by Councilor Gomes.

On the question, Councilor Virgo.

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 it won't make it to their agenda for this month.

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 doesn'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 9 days, uh, we would have within sometime in March.

I think it's the 3rd 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.

Uh, Councilor Lopes, Your— no, your, your, your motion, he will get his special permit contingent upon the satisfactory of the trap.

So if perchance DPI goes there tomorrow 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— Councilor Gomes has withdrawn the second.

Does anybody else want to second Councilor Lopes' motion?

If not, I have a motion to refer it to the full City Council for approval.

Made by Councilor Burgos, seconded by Councilor Abreu.

This is with no contingents on it.

This is to refer to the full City Council for approval.

Councilor Abreu?

Yes.

Councilor Abreu.

Councilor Burgos?

Yes.

Yes.

Councilor Burgos.

Councilor Carney?

No.

No.

Councilor Carney.

Councilor Trickett?

Yes.

Yes.

Councilor Trickett.

Councilor Gomes?

Yes.

Yes.

Councilor Gomes.

Councilor Lopes?

No.

Councilor Lopes.

Councilor Oliver.

Yes.

Yes, Councilor Oliver.

Councilor Pemberton.

Yes.

Yes, Councilor Pemberton.

Councilor Pereira.

Yes.

Yes, Councilor Pereira.

Councilor Roy.

Yes.

Yes, that passes 8 to 2.

Motion passes 8 to 2.

So that'll be heard by the full City Council on the 26th.

Okay, we're moving on.

All right, item number 3 is before you.

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

This term will expire December 2026.

It was referred here on December 11th, 2022.

25.

Mr. Escobar, is Mr. Escobar in the chambers?

Mr. Escobar, uh, motion made to table, Councilor Abrams, seconded by Councilor Oliver.

Pass.

Number 4, here's a communication, Mayor Mitchell, to the City Council submitting the appointment of Jeffrey David Foisy, uh, New Bedford, as constable, uh, was referred here on December 11th, 2025.

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

4 and 4A are now before you.

Second motion made by Councilor Abreu, seconded by Councilor Oliver.

All in favor say aye.

Aye.

All the ayes have it.

Mr. Foisy.

Good evening.

Hello, Mr. Poissy.

Hi.

Tell us about yourself.

I've lived in the city my entire life.

I volunteered down at the softball league for girls softball down in Brooklawn Park for about 18 years.

Service technician in the city here, do a lot of work in the courts and the City Hall here and looking to do a process server in the city for Menese and Latimer and Vandals Constable Service.

Councilor Oliver, thank you.

And you're first.

Um, you answered one of my questions, so you're going to be working underneath somebody?

Yes.

Okay.

Um, have you ever done this type of work before, or— I've gone out with them before, and I'm a constable in Fair Haven.

Okay.

So you are a constable somewhere else?

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, right?

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

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

So thank you.

Thank you, Councilor Oliver.

Anybody else?

Anybody else?

Motion to grant the appointment.

Motion made by Councilor Oliver to grant the appointment, seconded by Councilor Abreu.

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.

Thank you.

Item number 5 is communication.

Mayor Mitchell to the City Council submitting the appointment of Daniel Luis Reyes, uh, 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 to receive and place on file.

Motion made by Councilor Oliver, seconded by Councilor 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.

Yes, she is.

I come from a family of law enforcement.

My father's a retired police officer here in the city.

My uncle is Luis Ortiz, and my uncle is also a retired police officer here in the city, Gilly Galaza.

I'm here tonight with my brother, my brother in Christ, and my friend Alex Rodriguez, who's a retired correctional officer, and he's also a constable.

He's the one that's going to be mentoring me and teaching me the job.

I currently work for the city of New Bedford, the Department of Public Infrastructure, DPI.

I worked 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, Councilor Abrams.

Thank you, Madam Chair.

Mr. Ortiz, 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 gonna wish you well.

I'll be voting.

Thank you.

Best of luck to you, sir.

Thank you, Madam Chair.

I'll yield.

Thank you, Councilor Abrams.

Anybody else?

Motion made by Councilor Gomes, second by Councilor Oliver.

All in favor say aye.

Opposed?

The ayes have it.

Thank you.

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

And you spell that, uh, number 6 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 metals, or any other secondhand articles.

It was referred here on November 13th, 2025.

On December 16th, 2025, it remained in committee.

Item number 6 is now before you.

Okay.

Motion made to receive and place on file, made by Councilor Burgo, seconded by Councilor 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 Councilor Abreu, seconded by Councilor Pereira.

All in favor say aye.

Opposed, the ayes Number 7 is a communication to City Clerk.

Clerk of the City Council submitting an application for a new private livery license on behalf of Celestin Wilkin, um, New Bedford, Mass., doing business as Chris Transportation, of 1 Warwick Street, New Bedford, Mass., licensed to expire on June 30th, 2026.

Number 7 is now before you.

Motion made by Councilor Pereira, second by Councilor Burgo.

All in favor say aye.

Opposed?

The ayes have it.

Um, Celestin Wilkin.

Wilkin.

Wilkin.

Okay, can I entertain a motion to table?

Motion to table made by Councilor Pereira, second by Councilor Abreu.

All in favor say aye.

Opposed?

The ayes have it.

Number 8 is communication to city clerk.

Clerk of the City Council submitting an application for a new private livery license on behalf of Suzette Rosa DePina, doing business as Tia Suzette Transportation, 38 Trinity Street, New Bedford, Mass.

License to expire on June 30th, 2026.

And number 8 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 in place on 5, made by Councilor Roy.

Roy, seconded by Councilor 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 Suzette de Pina.

Okay, I'll be translating.

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

Okay, so she said her name is Suzette de Pina.

I just have your name, no?

Your name, sorry.

Oh, I'm Tiari Uwizeye.

Tiari.

Tiari, Tiari.

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, close your eyes.

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

Okay, Councilor Abrams.

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 employ.

I'm just curious, uh, and what made her want to get into this Okay, uh, você faz com alguém ou você que também faz e coisas que faz o internet business?

Ah, o famoso que trabalha, gosta de trabalhar para uma empresa popular.

Okay, she says she worked for popular transportation for a few times.

Yeah, a job hoje em dia eu abri de minha para uma gosta de.

And she likes the job.

She has to work with kids, so she decides to open her own business.

Okay, thank you.

Tell her I said good luck.

Thank you, Madam Chair.

Thank you.

Anybody else?

Councilor Lopes.

So her paperwork said she's going to have, uh, 2 vehicles, 1 employee.

Are those vehicles going to be parked on the street or off the street?

Okay.

Esta flamável, só mostra, mas eu tenho 2 carros.

2 carros tá parado na estrada ou na driveway?

On the driveway.

Thank you.

Thank you, Madam Chair.

Thank you, Councilor Lopes.

Anybody else?

Second.

Motion made to refer to the full City Council for approval, made by Councilor Gomes, seconded by Councilor Lopes.

All in favor say aye.

Aye.

Opposed?

The ayes have it.

Okay, we're going to report out with a favorable recommendation.

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

Thank you and good luck.

Okay, thank you, thank you, thank you.

Number 9 is communication.

Councilor 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 here on January 23rd, 2025.

February 18th, 2025, it was tabled.

September 16th, 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 expended.

Number 9 is before you.

It doesn't look like it's on the— thank you.

Motion has been made to take from the table by Councilor Gomes, seconded by Councilor Abreu.

All in favor say aye.

Aye.

Opposed?

The ayes have it.

Okay, do you, do you want to hear from the House of Deeds for their update first?

Yes, ma'am.

Chairman, is there anybody from the mayor's office?

Um, okay, good evening.

Other than you, we got you down as an invitee.

We wanted somebody else too.

Okay, good evening.

Um, I'm going to keep bringing you here every month.

We're going to watch you back, and I want to know what progress that we have made.

I know what progress, but I would like just 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, CEO of TH Connect, House of Diesel.

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

Since our last appearance, we've resubmitted a completed cannabis license application to the city, and it was formally accepted on Our submission is complete, so, you know, we're ready for it to be reviewed when, you know, it's time to be reviewed.

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 2, 3 years coming.

So, you know, that's huge.

Yeah, I think the next step is is, you know, having it reviewed so we can enter into, you know, that model HCA that the CCC put out there so we can 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 2, 3 years.

Thank you.

Thank you.

Just one question.

You feeling comfortable?

Yeah.

Okay.

Um, you're getting the answers you're looking for from— 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're gonna stop accepting applications, but it was never stated how long they're going to 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 2 years old.

So 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 6 months.

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

And then other than that, we've updated the application, you know, so with everything from the former application that had already taken place, that I just want to make sure that 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 going to 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.

Well, that'd be appreciated greatly.

Just watching.

Thank you.

Thank you.

Thank you, Madam Chairman.

Thank you, Councilor Combs.

Anybody else have any questions?

Councilor Gomes, would you like to speak to anybody else?

Attorney Jakes?

Yes, I would.

Thank you very much.

Attorney Jakes, you're up.

Good evening, Attorney.

Good evening, Madam Chair, Councilors, Councilor Gomes.

I'm sure this may seem monotonous every month with having you in, but just following this along, 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, jeopardize their application at this point as we move forward to your closing date of May 15th?

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

It was submitted to Mr.— well, actually, Mr. McCarthy was on vacation.

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

The website has been updated.

The banner indicates, I believe, the May 15th deadline, as I have indicated to you in the past when I've been before you, Councilor, there were other equity applicants that had expressed interest and were told they could not apply until we reopened.

We've reopened.

I'm 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're only accepting applicants equity applicants.

And we'll see whether or not anyone else other than the House of Diesel actually goes ahead and submits a check and 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 you towards the end on the special permit process because you have a say in that process.

Thank you very much for that, Attorney Jakes.

Um, would— do you foresee the administration, um, looking at more 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— 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've seen expressions of interest in emails.

Thank you very much, Attorney.

Thank you, Madam Chairman.

Thank you, Councilor Gomes.

See, Councilor Oliver.

Thank you, Madam Chair.

Attorney Jakes, the— we heard about the review process, but it's kind of left open.

And do we know what that review— when that review process— once it's closed this round, do you know what that review process is going to— like, how— is there anything that's been communicated?

Is the review process going to start right away?

Is it going to be a week, a day, a month, a year?

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

In the past, it began fairly quickly.

Fairly quickly after we closed out the application time frame.

Would you say realistically within 60 days?

I'm not holding you to it, but I'm not going to speculate, Councilor.

I wasn't here in this position, yeah, 5 or 6 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, they review it, and then as a courtesy, we usually bring the HCA to the council, let 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, um, 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— 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, Madam Chair.

Thank you, Councilor Oliver.

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

He's on here too, so maybe next one we'll get Nobody's here.

Nobody came.

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

So maybe they'll come next time.

I don't know, different floors.

Yeah, I have to go up the flight.

Yeah.

Councilor Gomes.

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

Me and you talking off the bench and whatever.

Um, I don't want to waste the council's time, and I don't want to waste the Diesel, uh, community's time, or Attorney Drake's.

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 till 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 councillors 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 it, right?

And we really have nothing to report.

Okay, thank you.

Thank you, Councillor Gomes.

Yes, we'll do it after the May 15th same deadline, and then we'll bring him back here for another update.

Motion to table.

Second.

Motion made to table, made by Councilor Gomes, seconded by Councilor Roy.

All in favor say aye.

Aye.

Opposed?

The ayes have it.

Item number 10 is a written motion, Councilors April, Oliver, Lopes, Choquette, and Carney, requesting that a representative from the New Bedford Board of Health or the 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 referred to the Committee on Appointments and Briefings.

The New Bedford Health Department, the administration representative from the New England Convenience Store and Energy Market— 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 18th, 2025.

Attorney was a New Bedford Uh, tobacco regulations, which was referred to you on the 23rd of January 2025, tabled on February 18th, 2025.

You want to take 11 with that?

We'll take 11 now.

Without objection.

Without objection.

Written motion, Councilors Morad, Abril, Giesta, Oliver, Gomes, Cicat, Lopes, Carney, and Baptiste, requesting that the City of New Bedford Board of Health immediately rescind the recently approved cigar minimum pricing regulation that was implemented on January 4th, 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 6 months, 12 months, and 18 months to update the committee regarding their efforts of education and policing, to be referred to the Committee on Appointments and Briefings and the Board of Health.

Was referred here on February 27, 2025.

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

Motion made by Councilor Pereira, seconded by Councilor Burgos, remove number 10 from the table.

All in favor say aye.

And receive and place on file item 11.

And receive and place on file number 11.

All in favor say aye.

Opposed?

The ayes have it.

Councilor Burgos seconded that.

Okay.

Okay, we want to hear from Stephanie.

Good evening, how are you?

Good evening, how are you?

Good.

Um, so a year ago, um, we were here before you all, um, when our Uh, tobacco regulations were updated, 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 9 sales that happened, 5 were cigarettes, 3 were cigars, cigarillos, and 1 was of a vape product.

In our 2025 calendar year, there were 17 sales from 153 compliance checks, which is 11% of the compliance checks resulting in sales.

Of those 17 sales, 6 were cigarettes, 7 were cigars and cigarillos, 4 were nicotine pouches.

Since the regulations have been in place, you all know Megan, our tobacco compliance officer.

She's been doing a lot of education with our retailers, provided signs and stickers for the stores, as well as completed a compliance video that was made available to all the retailers that talks specifically about 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.

We have also— I had mentioned back in September, the South Coast lost the community education partner for tobacco education.

So we have actually just submitted a Drug-Free Communities grant, which will be an opportunity for us to provide youth prevention strategies in the school.

So hopefully we get that.

We also have a mass Call 3 grant, which is through BSAS at the state.

And we've been in our strategic planning process, but now we're moving into implementation.

So we will also be doing some youth-led youth prevention implementation over the next year as well.

Thank you.

Councilor Lopes.

My questions are going to 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 Miss Sloan?

Councilor Bergo?

I just wanted to clarify, I know that these motions were sent to the Board of Health, um, and they rejected it, is that correct?

Correct.

Okay, I just wanted to get that.

Thank you so much.

No problem.

Thank you, Councilor Bergo.

Anybody else?

Okay, so without objection, Stephanie will take, um, Solicitor 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.

All right, one of the other attorneys in my office, Catherine Schuco, most likely has read it, but I have not, Councilor.

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 herein or because a retailer 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 quahog license because the city does not have the authority to reject or or retire a license that's been duly issued and eligible for transfer.

Now, that was for a Quahog 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's eligible for sale and resale, just like a license for a liquor store, a license for a bar.

It's a question I can't answer.

All right, so I haven't researched it.

I, I don't know, Councilor.

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 permittee can apply to the Board of Health for a variance 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're 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, Councilor, it's a question that is new to me and I haven't researched.

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

So I'm going to tell you, I don't know most of these questions.

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

Not trying to be mean.

You can have a cannabis location 250 feet away from another establishment, a church, a school, or this or that, but it's 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're denied?

Because it is a legal license issued by the city of New Bedford And if somebody says, I'm going to move from 123 XYZ Street to 456 ABC Street, and the Board of Health in their sole discretion says no, under number 12, we're not going to allow you to move that— 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'm going to suggest to you, with all the respect, Councilor, 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've mentioned, I don't know if they're by state regulation or statute.

You've talked about 3 different entities, I believe, 3 different distance 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.

And I'm just not up to speed on it.

No, I appreciate it.

And I understand the role of the, the Board of Health, especially when it comes to tobacco and how they're 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's 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, Councilor.

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 to transfer of the licensing board, to transfer it.

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

100%.

So yes, Attorney, but my concern is we're opening ourselves up up to a potential lawsuit down the road 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 a license.

You obtained a license.

So I, again, I apologize, Attorney, but we're— I feel like where 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 Schuco and not— it's— is Catherine still assigned to your department, 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 and 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, Councilor.

Thank you, Madam Chair.

Thank you, Councilor Lopes.

Any other questions?

Seeing none, your pleasure.

Would you like to— motion made by Councilor Pereira.

To report out the full study council for no further action.

Second by Councilor Pemberton.

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

Yes.

So yes, table and take.

So motion to table made by Councilor Lopes, second by Councilor Choquette.

All in favor say aye.

Roll call.

So this is on tabling number 10 and 11.

Councilor Abreu?

No.

Councilor Burgo?

No.

Councilor Burgo?

Councilor Carney?

Yes.

Yes, Councilor Carney.

Councilor Choquette?

Yes.

Yes, Councilor Choquette.

Councilor Gomes?

Yes, Councilor Gomes.

Councilor Lopes?

Yes.

Yes, Councilor Lopes.

Councilor Oliver?

Yes.

Yes, Councilor Oliver.

Councilor Pemberton?

Yes.

Yes, Councilor Pemberton.

Councilor Pereira?

Yes.

Councilor Roy?

No.

No, that passes 7 to 3 to table.

Motion passed 7 to 3 to table.

Seeing no other business, motion made to adjourn by Councilor Burgos.

Second by Councilor Pemberton.

All in favor say aye.

Opposed?

The ayes have it.

It is, uh, 8:26.

We are adjourned at 8:26.

Thank you all for coming.