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City Council — September 24, 2026
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All right, good evening, ladies and gentlemen.
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It is 7:02 PM on Thursday, September 24th, 2026, in the City Council Chambers.
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We'll be led in prayer this evening by Pastor Morgan Proudfoot of the Grace Harbor Church.
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Well, friends of the city, members of City Council, let's, let's pray together this evening.
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God, we come to you recognizing that you have given us the great privilege of living in a great city.
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We thank you that we have the joy and the freedom to care for the place that you have placed us.
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And tonight, we uniquely call on you for help.
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God, we pray that you would give those who are in positions of authority wisdom and discernment as they lead and make decisions.
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God, we pray for those who are here, citizens of our, of our great city, that they would have a spirit of unity and common good.
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And so, God, by your Spirit, we ask that you would help us to not devour one another, but that you would give us a gracious spirit that assumes the best.
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And so, God, in every way, would you go before us?
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Would you lead us in a posture of humility?
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Would you give us wisdom beyond our years to make decisions that are best for our city?
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And we pray this in the name of Jesus Christ.
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We pray.
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Amen.
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Amen.
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We are led in the Pledge of Allegiance by Councilor of Ward 1, Leo Shokat.
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I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
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Thank you, Councilor.
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I am joined by my colleagues, Councilor at Large Ian Abreu, Councilor of Ward 2 Scott Pemberton, Councilor of Ward 1 Leo Choquette, Councilor of Ward 5 Joseph Lopes, Councilor at Large Brian Gomes, Councilor at Large Naomi Carney, Councilor of Ward 3 Sean Oliver, Councilor at Large and First Vice President Shane Burgo, and Councilor of Ward 4 Derek Baptiste.
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I am Councilor of Ward 6 and President Ryan Pereira.
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I will ask the clerk if there are any letters to be read into the record.
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There are none, Mr. President.
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Okay.
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I will ask the clerk to— I would like to note that this meeting is being livestreamed and recorded.
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City Council and committee meetings can be viewed on the City of New Bedford's homepage under Quick Links, then Meetings.
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All right.
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I will ask the clerk to begin with our hearing section on number 1, please.
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Mr. President, item 1 is a hearing from NSTAR Electric Company, doing business as Eversource Energy and Verizon New England Incorporated, for the joint location of 2 jointly owned poles, one anchor and one guy, on Acushnet Avenue.
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This work is necessary to provide system improvements and increased reliability to Acushnet Avenue.
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1A is the order.
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Motion to receive and place on file and open the public hearing.
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Motion to receive and place on file, open the public hearing, made by Councilor Burgo, seconded by Councilor Pemberton.
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All those in favor say aye.
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Opposed, the ayes have it.
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Jessica, good evening.
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Good evening, members of Good evening, City Council, Mr. President.
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Jessica Elder representing Eversource.
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Thank you for having me this evening.
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Eversource is petitioning to install a pole on— a joint-owned pole on Acushnet Avenue.
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This JO pole is labeled 1/2 over 5.
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It's going to be 82 feet from pole 1 over 2 and 48 feet from pole 1 over 3.
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This joint-owned pole is just— this proposed pole is necessary just to accommodate some switching equipment associated with system improvement, as stated earlier.
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Area, designed to provide an alternate electrical supply and improve system reliability.
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As always, a police detail will be requested as necessary to manage, uh, safe traffic and pedestrians during construction, and any disturbed area as a result of the work will be restored to the original condition or better.
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Okay, colleagues, any questions?
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Councilor Baptiste, how you doing?
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Good evening.
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Thank you, Council President.
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Where on Acushnet Avenue?
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Uh, so this is down— oh, let's see, um, it's near the, um, let's see, Worry-Free Property Revocable Trust is, is an area.
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Um, on the sketch it doesn't show exactly what the Near— looks like County Street, down in that area.
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So we have Acushnet Ave, there's Delano Street, and there's Blackmere Street.
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So down in that area.
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So it's down at the end of Acushnet Avenue on Blackmere Street?
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Yeah.
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All right.
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And like you said, you are going to have a detail there, right?
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Correct.
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All right.
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Is it— is lanes going to be open?
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Is it going to be any closed traffic, like any lanes?
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For a pole, I don't know.
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Don't expect that to— yeah, I don't expect them to.
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And how long is it going to take us out of the road?
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Uh, normally, let's see, we have one pole, it's 24 to 48 hours on the normal.
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Uh, I just wanted to make sure because, you know, weather permitting, during school hours and different things like that, we just want to make sure that that area is cleared up.
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No problem.
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Thank you so much for clearing that up.
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Thank you, Mr. President.
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Thank you.
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Anyone else?
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Okay, this is a public hearing, so any members of the public who wish to speak on this item?
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Anyone who would like to speak on this item?
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Would anyone like to be recorded in favor of this item?
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Be recorded in favor.
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Would anyone like to speak in opposition?
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Speak in opposition.
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Would anyone like to be recorded in opposition?
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Be recorded in opposition.
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All right, seeing no more public comment, colleagues, Motion to close the public hearing made by Councilor Abreu, seconded by Councilor Lopes.
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All those in favor say aye.
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Opposed, the ayes have it.
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Your pleasure.
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Motion to adopt the order made by Councilor Abreu, seconded by Councilor Baptiste.
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Anyone on the question?
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All those in favor say aye.
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Opposed, the ayes have it.
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I will ask the clerk to read item 2.
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Mr. President, item 2 is a hearing from NSTAR Electric Company doing business as Eversource Energy and Verizon in New England.
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The joint location of one jointly owned pole on Ashley Boulevard.
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This work is necessary to provide service to 297 Ashley Boulevard.
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2A is the order.
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Motion received and placed on file and open the public hearing.
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Motion to open the public hearing made by Councilor Virgo, seconded by Councilor Lopes.
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All those in favor say aye.
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Opposed, the ayes have it.
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Jessica?
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Sure.
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So work order number 250146 This is on the corner of Davis Street and Ashley.
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Eversource is requesting to install one new jointly owned pole, which is owned with Verizon as well, which the pole number 188/23-5, again within the Davis Street right-of-way.
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It is for the customer on Ashley Boulevard.
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The proposed pole is necessary to accommodate a dedicated transformer.
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Required to provide upgraded 600-amp electric service to that, to that address at 297.
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Uh, police detail will be requested as necessary.
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We will restore the, the area to the same condition or better.
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And, um, we, uh, yeah, any disturbed area, yep.
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So police detail and anything that's disturbed will be— Chair recognizes Councilor Oliver.
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Thank you, Mr. President.
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Thank you.
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Um, all the work is on Davis Street, is that correct?
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It's all on Davis, correct.
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Um, yeah, it's right on the corner, but it's, it's on Davis.
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And because I believe, uh, the street before it is Collette, and it's a one-way, so a lot of folks will use Davis Street to, to get to that portion of Collette.
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Okay.
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How long of, uh, what's the, the work?
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Again, it's a one-pull, yeah, 24-48 hours.
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I'm sorry, 24 or 48 hours.
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Okay.
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Um, just because Ashley Boulevard is, is relatively busy and a lot of people will utilize that street to get to the, to the one-way next to it, I would request a police detail.
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I'm sorry, I would— just because it's a— they, they'll— a lot of folks will— Ashley Boulevard is busy.
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Yeah.
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And we'll use Davis Street to get, uh, to Collette Street, which is a one-way going down, I would request a police detail just, just to— just in case, because I don't know how— if it's right on the corner, I'm not sure if people are going to turn that corner.
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And right, okay, right, they definitely will need a detail.
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Thank you.
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Yeah, that's all, uh, Mr. President.
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Thank you.
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Thank you, Councilor.
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Anyone else?
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Okay, again, this is a public hearing.
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If any member of the public wishes to speak in favor If any member of the public wishes to speak in favor of this item, if anyone would like to be recorded in favor, be recorded in favor.
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If anyone would like to speak in opposition of this item, speak in opposition.
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If anyone would like to be recorded in opposition, be recorded in opposition.
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Okay, colleagues, motion to close the public hearing made by Councilor Lopes.
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Second.
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Seconded by Councilor Baptiste.
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All those in favor say aye.
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Opposed?
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The ayes have it.
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Your pleasure.
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Motion to adopt the order made by Councilor Lopes.
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Second.
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Second by Councilor Oliver.
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Anyone on the question?
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All those in favor say aye.
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Opposed?
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The ayes have it.
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I will ask the clerk to read item number 3, please.
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Mr. President, item 3 is a hearing from Enstar Electric Company for the location of approximately 53 feet of conduit on Purchase Street and approximately 200 feet of conduit and one manhole on Maxfield Street This work is necessary to provide service to 1204 Purchase Street.
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3A is the order.
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Motion will be received and placed on file and open the public hearing.
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Motion to open the public hearing made by Councilor Baptiste, seconded by Councilor Lobergo.
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Anyone on the question?
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All those in favor say aye.
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Opposed?
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The ayes have it.
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10:46
Jessica, again, work order number 20184834.
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Eversource is requesting permission to install approximately 28 feet of 12 4-inch conduit and 25 feet of 6 4-inch conduit within the Purchase Street right-of-way, and approximately 200 feet of 18 4-inch conduit in manhole 8000 over 1593 within the Maxwell Street right-of-way.
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Police detail will definitely need— will need to be requested and to safely manage the traffic area.
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Uh, as I definitely know that's a, that's a busy street over there, and we're going from, uh, Purchase onto Maxfield, as I said.
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And of course, any area disturbed as a result of the work will be restored to its original condition or better.
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Councilor Baptiste.
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Thank you.
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11:42
Um, so at 1204, where, where is it gonna be exactly at?
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Is it going to be down on Maxfield where you're going towards the building, or is it going to be right on the corner on Purchase?
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Street.
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So we're starting on Purchase and we're going down Maxfield.
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We're going down Maxfield.
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All right.
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And, and, um, yeah, that, that should have a police detail because, um, how fast people come down that hill after the light near, uh, Hillman Street is, is absurd.
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So we, you know, we would, we would want to detail up over there just for everybody's safety.
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And, um, how long is the project going to go?
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Uh, now this is conduit.
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This may take a little bit longer.
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Usually are— they go according to the footage.
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I would imagine looking at this, this could be 4 to 5 days at max, weather permitting.
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Is it going to— is the abutting businesses going to know so that they're not disrupted and know that— They normally will send out notice if in fact it's going to be— if any service is going to be disrupted or if any businesses are going to be disrupted.
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They're usually pretty good about it.
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Sending out the notice.
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Thank you.
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I just, I just wanted to make sure because like I said, that's a busy area.
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Fast cars drive very fast over there coming off that light, and we just want to make sure that people are safe and, um, making sure that traffic's being, you know, dealt with correctly.
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Absolutely.
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Thank you.
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I yield.
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Thank you, Councilor.
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Anyone else?
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Okay, again, this is a public hearing.
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If any member of the public wishes to speak in favor, speak in favor.
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If any member of the public wishes to be recorded in favor, to be recorded in favor.
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If any member of the public wishes to speak in opposition, speak in opposition.
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If any member of the public wishes to be recorded in opposition, to be recorded in opposition.
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Okay, seeing none, motion to close the public hearing.
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Motion to close the public hearing made by Councilor Baptiste, seconded by Councilor Lopes.
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Anyone on the question?
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All those in favor say aye.
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Opposed?
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The ayes have it.
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No pleasure.
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13:43
Motion to adopt the order made by Councilor Baptiste, seconded by Councilor Pemberton.
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Anyone on the question?
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All those in favor say aye.
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Opposed?
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13:51
The ayes have it.
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13:52
I will ask the clerk to read item number 4.
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Mr. President, item 4 is a hearing from Enstar, doing business as Eversource Energy, for the location of approximately 126 feet of conduit and one handhole on County Street.
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This work is necessary to provide upgraded underground service and increase system reliability on County Street.
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4A is the order.
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Motion to receive and place on file and open the public hearing.
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Motion to open the public hearing made by Councilor Lopes, seconded by Councilor, uh, Burgo.
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Anyone on the question?
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All those in favor say aye.
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14:24
Opposed, the ayes have it.
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Jessica, again, a work order number 26770653.
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Eversource is requesting permission to install handhold 8000 over 996E.
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That's approximately 120 feet of 2 4-inch conduit and approximately 6 feet of 1 4-inch conduit within the county street right-of-way.
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Um, that's pretty much it.
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A police detail will be requested as necessary to safely manage traffic and pedestrians, of course, during construction in the traffic.
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And any Any disturbed work will be set to reset to the same as it was or better.
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15:03
Perfect.
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15:06
Councilor Lopes.
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Thank you, Council President.
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15:09
Understanding what all the work we're doing on County Street, I'm assuming this is going to be at least a week with the amount of conduit that's going to be done.
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I would just request a police detail for this job.
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Oh, it— I definitely— perfect.
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Thank you.
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15:21
Absolutely.
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Yeah, just because of the work we're doing on County Street.
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Anything you were doing in the street, we normally would normally get a detail.
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Thank you.
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Thank you, Council President.
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Thank you, Councilor.
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Anyone else?
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15:34
Okay, again, this is a public hearing.
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If any member of the public wishes to speak in favor, speak in favor.
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15:41
If any member of the public wishes to be recorded in favor, to be recorded in favor.
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15:46
If any member of the public wishes to speak in opposition to speak in opposition?
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15:52
If anyone would like to be recorded in, in opposition from the public— recorded in opposition.
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15:59
Okay, seeing none, motion to close the public hearing made by Councilor Lopes, seconded by Councilor Lobergo.
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16:06
All those in favor say aye.
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16:08
Opposed, the ayes have it.
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16:09
Your pleasure.
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16:10
Make a motion to adopt the order as presented.
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16:12
Motion to adopt the order as presented made by Councilor Lopes, seconded by Councilor Abreu.
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16:16
Anyone on the question?
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16:18
All those in favor of adoption say aye.
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16:20
Opposed?
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16:21
The ayes have it.
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16:22
The items are adopted.
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16:24
Without objection, we will take items M1 through M9A together.
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16:31
Without objection.
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16:32
Mr. President, M1 is communication from the mayor to the city council submitting an order to provide— to provide for the payment of unpaid bills of a previous fiscal year of the city of New Bedford.
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16:42
The sum set against the water enterprise Fund purchase of services is hereby approved to be expended in FY27 in the amount of $25,388.75.
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M2 is the same for the Wastewater Enterprise purchase of services in the amount of $1,011.96.
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M3 is the same for the Department of Public Infrastructure purchase of services in the amount of $3,593.
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17:08
M4 is for the Department of Public Infrastructure supplies in the amount of $2,360.43.
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17:15
M5 is for the Department of Public Infrastructure supplies in the amount of $148.30.
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17:23
M6 is for zoo purchase of services in the amount of $833.53.
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17:28
M7 is for library supplies in the amount of $469.26.
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17:34
M8 is for cable access enterprise fund purchase of services in the amount of $110.23.
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17:40
Item 9, Mr. President, is for the Airport Enterprise Fund supplies in the amount of $103.84.
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17:46
Motion to receive and place on file M1 through M9A and refer to the Committee on Finance.
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17:52
Motion to refer to the Finance Committee is made by Councilor Bergo.
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17:57
Second.
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Seconded by Councilor Baptiste.
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17:59
Anyone on the question?
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18:01
All those in favor say aye.
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18:03
Aye.
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18:03
Opposed?
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18:04
The ayes have it.
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18:05
Item M— I'll ask the clerk to read M10, please.
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Please.
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18:08
Mr. President, M10 is communication from the mayor of the council submitting an order that in accordance with Mass General Law Chapter 44, Section 53E½, the revolving fund under the control of the MIS department known as the Southeastern Regional Revolving Fund, whose revenues collected in an amount limited to be spent estimated at $30,000, is hereby authorized for FY27.
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18:30
M10 is the order.
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18:31
Motion to receive and place on file and adopt the order as Motion to adopt the order made by Councilor Lopes, seconded by Councilor Burgo.
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18:38
Anyone on the question?
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18:40
All those in favor say aye.
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18:47
Uh, all those in favor say aye.
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18:52
Opposed?
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18:53
The ayes have it.
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18:53
I'll ask the clerk to read M11, please.
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18:56
Mr. President, M11 is communication from the mayor to the council Submitting the reappointment of Catherine Duff of New Bedford to the planning board.
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19:03
This term will expire in October of 2029.
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Make a motion to receive and place on file, waive Rule 38 and waive Rule 40 with one vote and grant the reappointment as presented.
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19:11
Second.
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19:12
Waive Rules 38 and 40 and grant the appointment made by Councilor Lopes, seconded by Councilor Carney.
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Anyone on the question?
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19:21
I'll ask the clerk to call the roll.
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19:24
Councilor Abram.
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19:25
Yes.
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Councilor Baptiste?
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19:26
Yes.
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19:27
Yes.
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19:27
Councilor Burgow?
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19:28
Yes.
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19:28
Yes.
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19:29
Councilor Carney?
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19:30
Yes.
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19:30
Yes.
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19:31
Councilor Choquette?
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19:32
Yes.
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19:32
Yes.
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19:33
Councilor Gomes?
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19:33
Yes.
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19:34
Yes.
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19:34
Councilor Lopes?
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19:35
Yes.
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19:35
Yes.
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19:36
Councilor Oliver?
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19:37
Yes.
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19:37
Yes.
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19:37
Councilor Pemberton?
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19:39
Yes.
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19:39
Yes.
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19:39
Councilor Pereira?
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19:40
Yes.
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19:41
Yes.
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19:41
Councilor Roy?
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19:43
Passes 10 to 0, Mr. President.
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19:45
Item passes 10 to 0.
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19:49
Moving on to new business, I will ask the clerk to read item number 5.
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19:51
Uh, sorry, we'll take— without objection, take 5 through 6A together.
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19:55
All right, I'll ask the clerk to read them.
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19:57
Mr. President, item 5 is a report from the Special Committee on Memorials and Dedications recommending to the council approval of the Memorial Park Bench and Tree Dedication Program application for a bench and a plaque to be located at Fort Tabor, replacing an existing bench in memory of Arthur C. Burton Jr. 5A is the communication, and 6 is the report from the Special Committee on Memorials and Dedications recommending to the council approval of the Memorial Park Bench and Tree Dedication Program application for a bench and plaque to be located at the corner of Buttonwood Street and Lake Street to the right of the Italian-American Memorial in memory of Carl Nato.
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20:32
6A is the communication.
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20:33
Make a motion to receive and place on file 5, 5A, 6, 6A, and follow the recommendation of the Committee on Memorials and Dedication and grant the placement of the benches.
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20:42
Motion to grant the, uh, benches made by Councilor Lopes, seconded by Councilor Baptiste.
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20:48
Anyone on the question?
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20:50
All those in favor say aye.
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20:52
Opposed?
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20:52
The ayes have it.
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20:53
I would like to recognize we have been joined by Councilor at Large James Roy.
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20:59
I will ask the clerk to read item number 7, please.
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21:02
Mr. President, item 7 is a report from the Committee on Ordinances recommending the City Council approval of the ordinance relative to automated license plate readers and mass location tracking technologies.
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21:13
7A is the ordinance.
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21:15
Motion to substitute the committee's ordinance.
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21:22
Motion to receive, place on file the report from the committee, and substitute out the committee's ordinance with this submitted ordinance that is on the councilor's desk and has been submitted to the clerk.
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21:34
Okay, we have a motion to substitute.
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21:39
It's at the bottom of your agenda if you haven't found it yet.
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21:42
Motion to substitute the ordinance with the ordinance that is before us.
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21:48
Second.
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21:49
It's been made by Councilor Burgo, second by Councilor Baptiste.
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21:53
Anyone on the question of substituting the ordinance?
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21:57
Councilor Burgo.
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22:02
Colleagues, as you're aware, this afternoon very poetically, we received from the administration, um, an email from Chief Thody with his response, um, to the original drafted ordinance.
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22:17
And as my commitment to the public, to this body, to the administration, if there were significant, um, reservations to the ordinance, significant proposed amendments, I would send it back to committee to work on.
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22:36
And I recognize already that this ordinance was going through quicker than we'd normally process.
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22:44
And so this new ordinance that's before you, that I know some of you obviously haven't had time to look at, you just discovered on your agenda, simplifies the process.
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22:53
In the response that Chief Doty has presented to us.
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22:58
He has asked, along with Solicitor Jakes and the mayor, they have defined what an ALPR is and mass location tracking technology.
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23:08
And at this time, I'd like to read that for the record, just because that's what the new language of the ordinance will be, if you'll permit me, Mr. President.
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23:16
Automated license plate reader, ALPR, any camera and associated software that automatically captures or processes an image of a license plate or searchable vehicle characteristics and creates a record that may be used to identify or locate a vehicle.
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23:31
The term does not include a device that detects only vehicle presence, count, speed, or traffic flow without retaining identifiable license plate information.
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23:41
That is the administration's definition.
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23:44
That is what we will be using, or that's what I would propose that we use.
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23:48
Is the administration's definition.
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23:50
That is what they gave us.
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23:52
Their definition that they gave us for mass location tracking technology reads as any system whose primary purpose is to use automated identification or correlation to create a persistent or substantially comprehensive record of the movements of an identifiable person or vehicle across multiple locations or over time.
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24:13
The term does not include ordinary fixed security video, body-worn cameras, in-car video, traffic signal or traffic engineering systems, city fleet management, emergency communications, access control system, evidence management systems, cybersecurity logs, or cameras used for facility, port, or event security unless automated identification or persistent tracking functionality is enabled.
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24:39
Again, that is the direct definition from Chief Thody, approved by City Solicitor Jakes and the administration.
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24:47
I am proposing today that we swap out our original ordinance and we go with what the administration has asked, that we clearly define ALPR and mass location tracking technology to essentially— if you all remember August 25th's meeting when we— our colleague from Ward 1 put together a motion to cease use of flock cameras.
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25:10
As we know, our motions mean nothing.
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25:14
A motion to the mayor is simply a request.
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25:19
Through that motion, the mayor returned that back unsigned, which is the mayor publicly telling us, I'm not going to do that.
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25:25
I don't have to commit to that.
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25:28
The chief has, on multiple occasions, Mr. President, the chief has committed to us that he is not going to turn back on these cameras until we reach an agreement, which is what the original ordinance was meant to do.
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25:38
However, many of our colleagues and the public have felt that we're rushing it and we need more time to hash out some of the language.
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25:45
Fine.
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25:46
In the interim, what we need to do is to put into law that the mayor can't tomorrow snap his fingers and say, turn back on the cameras, because as I just pointed out, any motion of ceasing use of flock cameras means nothing.
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26:02
As I speak right now, Mayor Mitchell could turn those cameras back on.
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26:07
And so that's why this new substitution that I'm putting forward clearly defines agreed-upon definitions with the administration, what ALPR means and mass location tracking technology, and says we're not going to use this technology at all.
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26:24
We're not using it.
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26:25
We cannot use it in the city until we come to an agreement.
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26:31
Essentially, we should all be in agreement because that's what the chief has committed to us.
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26:37
The mayor technically has not committed that to us, but I can't imagine why he wouldn't.
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26:42
So I hope that you would all support this, this, this new ordinance, because essentially it just takes the motion that we all voted on, 11 to 0, I'll remind you, unanimous support of a motion.
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26:56
Again, I'll remind the general public, a motion to cease flock use until— and I'll read it here— our Ward 1 councilor, a motion to immediately cease the use of flock cameras citywide until permanent legislation can be enacted.
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27:09
That passed unanimously by this council back on August 25th, but that means nothing.
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27:15
This ordinance does exactly what that motion asked to do.
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27:19
But once we pass it to a second reading tonight and is eventually ordained, the mayor has to follow it.
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27:26
He can't just return it unsigned.
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27:28
And that is what I hope you all will support tonight by passing this to a second reading.
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27:33
And then at the appropriate time, I will refer Chief Thody's recommendations back to— or I guess not back to, but to the Committee on Ordinance so we can finally take the time to draft the actual ordinance to put the safeguards in.
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27:50
So it's not to say we can't have ALPR technology.
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27:53
We need to have this conversation.
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27:54
But there is no sense of urgency from the administration and from, honestly, some of our colleagues here, Mr. President.
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28:00
When we were trying to fast-track this because this technology has been running rampant without safeguards for the past 2 years, they kept saying, well, what's the rush?
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28:10
What's the rush?
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28:11
That's what we kept hearing.
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28:13
So now we put this forward and we put the urgency on the administration.
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28:18
And for those who really want this technology, the rush is now on you to determine how badly you want to make sure this technology is here.
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28:26
Meet us at the table and be serious, because truthfully, we know the administration has had a month now to come to us to be serious about trying to work out a deal on this legislation.
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28:36
And they decided to purposefully wait till the last minute because they want to delay this.
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28:41
And so that's why I hope that we can pass this to a second reading, ordain this, not to say that we're not going to work with the administration, but to say the only way to force this administration to work with us is to show them you will get nothing unless you come to the table.
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28:56
Thank you.
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28:57
Thank you, Councilor.
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28:58
Chair recognizes Councilor Carney.
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29:00
Thank you.
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29:01
Just a point of information.
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29:03
Can we— I, I'd like to refer the original ordinance that was put before us a couple of weeks ago, um, back to committee.
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29:11
So I don't know what the appropriate time is to refer that, that many— that, um, ordinance back to committee.
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29:17
Provision 1, the, the— for your— the chair would— what the chair would allow tonight is, uh, vote on substituting the ordinance as described by Councilor Burgos But I'd like to vote on the original.
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29:30
Councilor, I'm explaining what I'm— what I would allow, and then you can, you can speak.
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29:34
Sorry.
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29:35
I will allow a substitution motion.
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29:37
We will vote on this ordinance, and then before us will still be the original Ordinance 7A, and then we can take action on that.
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29:46
So if you're— if your goal is to refer back the original— doesn't the original motion take precedent— precedence?
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29:53
No.
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29:55
Okay, motion to refer.
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29:56
So we're going to— precedence.
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29:57
Okay, thank you.
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29:59
Thank you.
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30:00
Anyone else?
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30:03
Okay, so right now before us would be an— the motion is just to swap and, and bring forward this ordinance before us right now to discuss.
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30:12
All those in favor of bringing this ordinance forward say aye.
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30:15
Okay, roll call vote on putting forward this ordinance.
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30:21
Councilor Abreu?
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30:22
Yes.
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30:23
Councilor Baptiste?
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30:24
Yes.
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30:25
Yes.
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30:25
Councilor Burgos?
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30:26
Yes.
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30:26
Yes.
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30:27
Councilor Carney?
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30:27
No.
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30:28
No.
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30:28
Councilor Choquette?
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30:29
Yes.
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30:30
Yes.
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30:30
Councilor Gomes?
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30:31
No.
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30:32
No.
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30:32
Councilor Lopes?
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30:33
Yes.
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30:34
Yes.
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30:34
Councilor Oliver?
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30:35
No.
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30:35
No.
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30:36
Councilor Pemberton?
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30:37
Yes.
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30:38
Yes.
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30:38
Councilor Pereira?
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30:39
Yes.
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30:40
Yes.
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30:40
Councilor Roy?
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30:41
Yes.
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30:42
Yes.
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30:42
Item passes 8 to 3.
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30:44
So now before us is this ordinance.
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30:48
Motion to pass to a second reading.
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30:50
Motion to amend language in the ordinance that's in front of us.
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30:54
Okay, so we have a motion to amend, uh, the ordinance before us, which would take precedent.
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31:01
What is the amendment, Councilor?
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31:03
Neither of us got a second.
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31:04
Well, I would like— I, I would need the amendment for someone to properly second.
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31:07
The amend— the amendment would be in Section 3 where it states this ordinance shall take effect upon passage, then to add language immediately following that states, and expire 6 months from its enactment.
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31:25
And expire 6 months from its enactment.
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31:35
Okay, that amendment has been made by Councilor Oliver, seconded by Councillor Lopes.
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31:41
On the question, Chair recognizes Councillor Oliver.
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31:45
Thank you, Mr. President.
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31:47
I agree, we need to continue the work on this, and as we heard, we will.
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31:55
It seems like we've gotten extensive feedback from Chief Thody, and we're looking to use some of his language, or most of his language, especially in this ordinance, which I like.
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32:09
What I don't like is that it completely handcuffs the, um, what the future looks like, whether it's whether we're for, against, or what we're going to do with it.
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32:22
Now, yes, the work can continue in committee, and we— and I'm sure this body will act swiftly, as swift as we did for the original motion.
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32:33
But what this expiration would do is does not completely handcuff the city into passing an ordinance that prevents this technology from ever existing and, and not taking any further action any further than that, because we already have an ordinance in front of us.
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32:53
So the intent of this is to get the mayor and the council to the table to get what a real ordinance is going to look like for this technology in the city of New Bedford.
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33:05
And if the administration doesn't, I know that this council and the chair of the ordinance committee will swiftly hear this and get a proper ordinance in front of us.
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33:16
Thank you.
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33:17
Thank you.
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33:18
Chair recognizes Councilor Abreu.
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33:21
Thank you very much, Mr. President.
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33:22
I just— I heard both of my esteemed colleagues speak about this, and both make some salient points.
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33:27
But I know my colleague, my at-large colleague from Purchase Street, had raised his hand for a second, so he'll probably mention it during his remarks.
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33:37
But to you, Mr. President, to the at-large council from Purchase Street, if he would plan on going on the record here tonight that he would hold an expeditious hearing next month, in the month of October or even November, to get this going if this were the 7, 7A were to go back.
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33:54
So I just want to get that clear, see, uh, what— because until January, he is still the chairman of the ordinance committee.
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34:01
So I just would like to get his, his stance on that.
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34:03
Thank you, Mr. President.
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34:04
Thank you, Councilor.
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34:05
Councilor Burgo.
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34:11
Um, I don't know why we would need a sunset clause.
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34:14
Um, we, we haven't done that with any other ordinance.
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34:18
We've never done that.
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34:19
And I— what's odd to me is the same person who's putting this forward, Mr. President, is the same person who kept making a motion to table and motion to adjourn during that ordinance committee meeting, trying to delay the process that he apparently now wants to try to rush.
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34:36
My concern with the sunset clause, Mr. President, is just there is no sense of urgency because then potential individuals that want to delay this process could just run out the clock.
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34:47
And there's— after that 6 months, this ordinance then would expire, and there's no guarantee that any safeguards would be put into place.
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34:55
That's why we don't put sunset clauses in there, because then the mayor, the chief, the solicitor, or my colleague from Ward 3 could find political maneuvers to delay that 6 months.
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35:06
And the reason why that's very feasible is we only have 2 ordinance committee meetings on the book.
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35:12
For the rest of the year.
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35:13
October 26th, which I would commit— as I've already stated, my next related motion would be to refer the chief's recommendations to start crafting the ordinance that I would like us to work on with the administration on October 26th agenda.
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35:28
And unlike some of my colleagues, I stay true to my word.
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35:31
So on October 26th, I will make sure that that is worked on.
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35:35
The next available ordinance meeting after October 26th would be November 9th.
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35:40
But again, my colleagues love to table things.
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35:42
After that, we only have one city council meeting in December.
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35:46
One.
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35:47
And then after that, as my colleagues know, when we elect a new city council president in January, we don't have any committee meetings in January, sometimes not even February.
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35:56
So when you're talking about 6 months from now, there's really probably a 3-month window of that 6-month time where no work is going to be done.
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36:05
So that's the only reason why I caution this body from putting a sunset clause.
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36:09
You're setting us up to allow the administration to run out the clock, which is what they've already told us they're looking to do, which is why they want to delay and delay and delay.
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36:19
So again, I'm willing to push this and rush as quickly as possible, as I've already shown you with my original ordinance, but the same person who's trying to put a sunset clause on to rush it was the same person shouting to slow down.
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36:33
So it's really up to this body to rush it.
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36:36
We don't need to put a sunset clause in that allows the administration to delay it.
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36:41
Let's— this body decide how quickly we move.
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36:46
Councilor Oliver.
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36:47
Thank you, Mr. President.
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36:50
Thank you.
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36:53
Thank you, everybody.
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36:56
Yeah, 100% right.
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36:59
Uh, the same person who was, um, trying to table and trying to maneuver, um, to not rush it, um, is speaking on it and putting a sunset clause in.
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37:15
The reason why is because as we were rushing it through, waiting for correspondence from the chief and and, and whatnot, we've now realized that some of our language and some of the things in the original ordinance may not be feasible or may not be right for the city of New Bedford.
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37:35
So now we can go back and we can take time and we can fix that and we use different language and we can strengthen it in the way that it's going to work best for the city of New Bedford.
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37:46
So you're right, I was not in favor of storming it through like we did.
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37:50
Because here we are sending it back or looking to alter it.
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37:54
So this does not do anything more.
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37:58
The sunset clause does not put us in any different position than we've already been.
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38:03
We quickly drafted an ordinance.
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38:05
We quickly heard from the chief and others about that ordinance, and then we voted it anyways, and we're pushing it through, and only to send it back because it's flawed.
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38:18
So I'm sitting here today to say put the ordinance that as amended so that way this council can act and not have to worry about what the administration is going to do, just like we didn't worry about it when we were trying to pass the ordinance previous.
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38:34
So this does not run out a clock.
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38:37
This is— yes, does it set a clock?
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38:39
Yeah, essentially it does, but its intention is so that this council can act and get it done appropriately so we can safeguard the people of this city while helping the community and the police department at large.
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38:53
So that's all it is.
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38:55
It's nothing more than that.
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38:57
Anybody else who says any different, that's fine, but I know that there is a commitment from this body to get something done on this, and this is only going to expedite that.
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39:08
Thank you.
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Out
39:09
Thank you.
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Out
39:09
Anyone else on their first on the amendment?
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39:13
On their second, Councilor Burgo.
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39:19
Mr. President, I appreciate the maker of the motion for saying the quiet part out loud.
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39:24
We can take time.
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39:26
You know, I like to write my quotes down here.
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39:28
We can take time.
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39:29
So he's already setting it up to tell you that this is his intention with the sunset clause.
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39:33
We can take time.
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39:35
That's what— that is the purpose of this sunset clause, is to make sure we put this forward so he can make it sound as though he's supportive of putting a pause on it, just like those who supported the motion to send to Mayor Mitchell and say, oh, let's put a cease to it.
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39:51
Because it's easy for this council to constantly say, oh, we can only do so much, we can only do so much.
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39:58
I'm tired of having to say that.
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40:01
I'm sure you are too, Mr. President.
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40:03
Here is an opportunity for us not to have to say that tired excuse all the time.
In
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40:07
But nope, sure, now we can fall on, oh well, we tried our best.
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40:13
We can take our time and we're sending it back because it's flawed.
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Out
40:17
That is not true.
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40:18
We're sending it back because as an honorable person that I am, contrary to popular belief, I told this body if this 9-page document that they nitpicked on is some of the legalese that they added in there, which makes no sense, which we— I went over with our legislative counsel.
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40:35
Some of our colleagues had concerns about it.
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40:37
They wanted to discuss it.
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40:38
And out of respect to my colleagues, I had said to the public and to this body, if there was enough concern, I would send it back.
In
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40:44
And that was out of respect to all of you.
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40:46
I do not believe that my original ordinance is flawed.
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40:48
But again, because I do not trust this administration and the games that they play, we need to put into law the actual motion that has no real teeth and make sure that these cameras don't go live again once the mayor gets bored with playing pretend and saying he wants to work with the public and work with the council.
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41:07
Because we all know the same John Mitchell that does whatever he wants is going to do that once he gets bored and decides to turn these cameras back on.
In
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41:15
So again, the quiet part was said out loud already.
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41:18
Yeah, let's send this back so we can take our time.
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41:21
And delay the clock to run out.
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41:23
That's what this 6-month delay is.
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41:25
Thank you.
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Out
41:27
Thank you.
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41:28
Anyone else on their first?
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41:31
Anyone on this?
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41:34
Anyone on their second?
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41:38
I will ask— I will— I will ask the public.
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Out
41:44
I'm going to give you a warning, Gilly.
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41:47
I'm gonna give you a warning that our rules— you are breaking rules of decorum enforceable by the chair.
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41:54
I'm gonna ask you to refrain publicly now on the record.
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41:59
Another outburst, please, so we do not have to have you removed.
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42:04
Another outburst, Gilly, I'm warning you now.
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42:08
All right, before us now is an Who wants the floor?
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42:17
Chair recognizes Councilor Gomes.
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42:21
Thank you very much, Mr. President.
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Out
42:27
I'm not about to vote for any ordinance because I believe that the first ordinance was rushed.
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Out
42:35
Now we're coming up with this, and this is a compromise.
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Out
42:38
That's all this is.
In
Out
42:40
This is just a compromise.
In
Out
42:42
Which— what most people don't understand is these cameras have been working for a long time in the city of New Bedford.
In
Out
42:50
They've been working in the state for a long time.
In
Out
42:53
And the concern was people's rights, their pictures, their information.
In
Out
43:01
That's not what these cameras do.
In
Out
43:04
These cameras take pictures of plates.
In
Out
43:06
And cars.
In
Out
43:09
Can I finish, Mr. President?
In
Out
43:11
Thank you very much.
In
Out
43:13
I, as Public Safety Chair, feel obligated to the people of this city, and each and every one of the members of this City Council should feel obligated to the people of this city and the people who pay taxes in this city.
In
Out
43:27
Mr. President, I'm going to speak, but if I'm going to get catcalled from behind, are you going to remove them people?
In
Out
43:37
I guess not.
In
Out
43:38
I guess not.
In
Out
43:38
Don't worry about it.
In
Out
43:39
I can handle it.
In
Out
43:40
I just wanted to check with you before it goes into what it is.
In
Out
43:43
You, you can push the mic and you— I know you're disgusted.
In
Out
43:46
I don't really care.
In
Out
43:47
I'm disgusted.
In
Out
43:48
I'm disgusted how this thing has moved forward without any consideration to bring the police chief in.
In
Out
43:55
As I said in the beginning, policies and procedures to govern over these cameras.
In
Out
44:02
Protect people's rights.
In
Out
44:04
You want to throw public safety away?
In
Out
44:06
You go right ahead in the 21st century.
In
Out
44:08
I'm not about to.
In
Out
44:10
I'm about to work with every party to make sure that we put the best foot forward on this issue.
In
Out
44:17
This is being rushed through.
In
Out
44:19
I don't know why.
In
Out
44:20
The cameras are shut down.
In
Out
44:22
They're not taking your pictures.
In
Out
44:23
So what are you worried about?
In
Out
44:26
Give the ordinance a chance to go back to committee.
In
Out
44:28
This has been a game played anyway.
In
Out
44:31
September 8th, the ordinance meeting.
In
Out
44:32
September 9th, the public safety meeting.
In
Out
44:35
Yeah, you know, so you don't hear too much about that.
In
Out
44:37
You come back to ordinance, we've already got it planned.
In
Out
44:39
We— our plan of action is going to be in place.
In
Out
44:43
I represent 100,000 people in the city of New Bedford, if not more.
In
Out
44:48
Have you heard from everybody?
In
Out
44:50
Have you heard?
In
Out
44:51
I'm going to challenge everybody in this building because that's— I've made it a point to be out there talking about this issue, whether it's at the smallest meeting or a meeting of everyone.
In
Out
45:02
And you know what?
In
Out
45:04
Our constituency is not saying to get rid of the floor camera.
In
Out
45:07
Yes, they are.
In
Out
45:10
See what I mean?
In
Out
45:11
They're not saying it.
In
Out
45:13
Do some door knocking.
In
Out
45:15
They want the public safety.
In
Out
45:17
They want safe neighborhoods.
In
Out
45:19
And don't tell me about any neighborhood across this city that doesn't want a camera.
In
Out
45:26
We've had shootings in this city.
In
Out
45:28
We've had all kinds of things.
In
Out
45:29
You people put this in place.
In
Out
45:31
You know what you're doing?
In
Out
45:32
I'm glad that the council— I had a conversation with the councilor from Ward 3 earlier tonight because he used my phrase.
In
Out
45:39
We're handcuffing the police department.
In
Out
45:41
We're handcuffing the people of this city.
In
Out
45:43
We're handcuffing public safety.
In
Out
45:45
We're handcuffing our investigations and more.
In
Out
45:49
As Public Safety Chair, I'm a little more in-depth and know what's going on.
In
Out
45:52
Do you know how many crimes have been solved by these cameras?
In
Out
45:55
Do you know how many crimes have been solved just over the weekend by these cameras?
In
Out
46:01
Including the saddest story, the UMass Dartmouth football player, the girl that got kidnapped in Rhode Island, stopped in Connecticut because of the flock camera.
In
Out
46:11
There was a robbery that was involved that they were apprehended, and it goes on and on and on.
In
Out
46:20
Let's slow this down.
In
Out
46:22
Trust me, slow this down.
In
Out
46:24
I know what everybody here wants— want the cameras off.
In
Out
46:27
Why do you want the cameras off?
In
Out
46:28
They're already off.
In
Out
46:30
Why can't you let the process go through and see if we can work this thing out in the best interest of the city of New Bedford?
In
Out
46:36
In the best interest of public safety, in the best interest of the police department providing that public safety.
In
Out
46:42
You are handcuffing them.
In
Out
46:44
You are taking a tool away from the shed.
In
Out
46:46
And the original ordinance, it took all kinds of things away.
In
Out
46:54
I see you roll your eyes, Mr. President.
In
Out
46:58
I know you're disgusted with me, but I'm sorry, I'm a little disgusted too.
In
Out
47:03
And I've been kind of a nice guy in here.
In
Out
47:05
See, because every time this set— you see what's going on right now?
In
Out
47:08
Yeah, every time that this goes on or whatever, or you're disgusted with it, I never, I never beat on any of you, do I?
In
Out
47:17
And I, I, I could, I could, I could with some of the actions that's been taken in here.
In
Out
47:23
But back to the issue at hand.
In
Out
47:25
You want to vote for these ordinances, you go right ahead.
In
Out
47:28
I'm not voting for this.
In
Out
47:29
I'm not voting for the substitute.
In
Out
47:31
Or nothing, because what you have done is handcuff public safety.
In
Out
47:34
It didn't have to go this far.
In
Out
47:36
It could have went to committee.
In
Out
47:37
The chief, the honorable chief that we have in the city of New Bedford, would have came back with the right recommendations and policies and procedures to protect the people, protect the police department, have a chain of actions they have to go through in order to use this.
In
Out
47:53
At this point, we've shut that down.
In
Out
47:56
I want somebody in this room Anybody in this room, God forbid, something happened to your family member and you call the police department, I want to feel that inside.
In
Out
48:07
It's hard to explain.
In
Out
48:08
I want to feel that inside when you want that cop— you want that culprit caught.
In
Out
48:14
You want that person that's done that crime caught.
In
Out
48:16
I appreciate you giving me time.
In
Out
48:18
I'd take all night if you let me.
In
Out
48:20
But I'm very disturbed, Mr. President.
In
Out
48:22
I've always shown you respect, Mr. President.
In
Out
48:24
You're not showing me respect when you sit there rolling your eyes.
In
Out
48:27
And you can shake your head, you can shake your head, I don't care.
In
Out
48:31
You have let this thing get out of hand.
In
Out
48:33
From the first night, you let it get out of hand.
In
Out
48:38
Why don't you come on down and sit me down?
In
Out
48:40
Councilor Gomes, please do not address me that way.
In
Out
48:42
Oh, you're going to reframe me.
In
Out
48:43
That's what I mean.
In
Out
48:44
You're not going to reframe the room, but you're going to reframe me.
In
Out
48:47
I'm disturbed with you.
In
Out
48:49
You are not the man that I thought you were.
In
Out
48:52
Anyone else would like the floor?
In
Out
48:57
No, no, no, excuse me, no outbursts, no outbursts, please.
In
Out
49:01
Would anyone else like the floor?
In
Out
49:05
Councilor Carney.
In
Out
49:06
Yes, thank you, Mr. President.
In
Out
49:09
I just want to bring it to the chair of the Ordinance Committee.
In
Out
49:13
Um, I was looking at the, the schedule.
In
Out
49:15
There are several dates that are open in October and November.
In
Out
49:19
I do believe that we really need policies and procedures for, um, all the cameras, especially the ALRPRs.
In
Out
49:29
So I'm just making a suggestion.
In
Out
49:31
I mean, as a chair of a committee myself, I know I'd have to double up on meetings when there's urgent things that we have to attend to.
In
Out
49:38
So I'm urging my colleague that he— we put the original motion back into committee and we work on it, and there's plenty of time between now and December's meeting.
In
Out
49:49
We can add a couple more meetings so we can get 4 in there.
In
Out
49:53
Hopefully that will do it, because I'd like to hear from the chief, and I'd like to— you know, I'm— I was the one that said no, I'm not pushing any ordinance through.
In
Out
50:01
I want to go back to the ordinance committee so we can work on it as a group.
In
Out
50:05
Thank you, Mr.
In
Out
50:05
Chair.
In
Out
50:06
Anyone else on the question of amendment?
In
Out
50:10
Chair recognizes Councilor Gomes on the amendment.
In
Out
50:13
Hear his voice?
In
Out
50:14
If he could come down here and choke me, he would, but he is not.
In
Out
50:17
On the amendment, Councilor Gomes.
In
Out
50:18
I'll talk to you when I want.
In
Out
50:19
Don't talk to me.
In
Out
50:21
Whoa, whoa, no, no, no, no, no.
In
Out
50:22
Councilor Gomes, please take your seat.
In
Out
50:24
Don't talk to me.
In
Out
50:24
You didn't talk to anybody else.
In
Out
50:26
Don't talk to me.
In
Out
50:26
Please take your seat, Councilor Gomes.
In
Out
50:28
You were going to speak on the item.
In
Out
50:29
I'm going to speak on the item.
In
Out
50:30
Or you will not speak at all.
In
Out
50:31
Oh, I won't.
In
Out
50:32
On the, on the amendment, Councilor Gomes.
In
Out
50:35
Again, You have rushed this through.
In
Out
50:39
Take your time.
In
Out
50:40
Send it back to committee, as my colleague has just said, and work this all out.
In
Out
50:45
There's no need for the rush.
In
Out
50:48
What is the rush?
In
Out
50:55
You want to have me removed?
In
Out
50:58
On the Amendment Council?
In
Out
50:58
Try it.
In
Out
51:05
Try it on the— anyone else would like to?
In
Out
51:12
Gilly, please leave the chamber.
In
Out
51:15
The chair is ordering you to leave the chamber.
In
Out
51:19
There will be no other outbursts.
In
Out
51:24
Gilly, can you please leave the chamber?
In
Out
51:28
I will ask the officer to remove Gilly from the chamber.
In
Out
51:32
Thank you.
In
Out
51:33
We'll take a brief recess.
In
Out
51:56
All right, it is 8 o'clock.
In
Out
51:57
I am reconvening the council meeting.
In
Out
52:00
Currently before us is an amendment to the swapped ordinance adding a 6-month expiration clause.
In
Out
52:09
Anyone else on the question of this amendment?
In
Out
52:13
Very good.
In
Out
52:14
A roll call has been requested, so therefore I will ask the clerk to call the roll on the amendment before us.
In
Out
52:24
No.
In
Out
52:25
Councilor Baptiste?
In
Out
52:25
No.
In
Out
52:26
No.
In
Out
52:26
Councilor Bruggo?
In
Out
52:27
No.
In
Out
52:28
No.
In
Out
52:28
Councilor Carney?
In
Out
52:29
Yes.
In
Out
52:30
Yes.
In
Out
52:30
Councilor Choquette?
In
Out
52:35
Councilor Gomes?
In
Out
52:37
On this?
In
Out
52:38
On the amendment?
In
Out
52:38
On the amendment?
In
Out
52:39
No.
In
Out
52:40
No.
In
Out
52:40
Councilor Lopes?
In
Out
52:41
Yes.
In
Out
52:42
Yes.
In
Out
52:42
Councilor Oliver?
In
Out
52:43
Yes.
In
Out
52:44
Yes.
In
Out
52:44
Councilor Pemberton?
In
Out
52:47
Yes.
In
Out
52:48
Yes.
In
Out
52:48
Councilor Pereira?
In
Out
52:49
No.
In
Out
52:49
No.
In
Out
52:50
Councilor Roy?
In
Out
52:51
No.
In
Out
52:52
No.
In
Out
52:53
Item fails 4 to 6.
In
Out
52:54
Motion to pass to a second reading.
In
Out
52:56
Motion to amend— motion— section 3 for its estate and to expire 9 months from its enactment.
In
Out
53:08
9 months from enactment.
In
Out
53:10
Was that a second for the amendment or the Second for the second reading.
In
Out
53:14
Okay, so is there a second for the 9 months expiration?
In
Out
53:17
Second made by Councilor Lopes.
In
Out
53:19
Anyone on the question?
In
Out
53:20
I think we've ironed it out.
In
Out
53:24
I will ask the clerk to call the roll on 9 months.
In
Out
53:26
Councilor Abreu?
In
Out
53:27
No.
In
Out
53:28
Councilor Baptiste?
In
Out
53:29
No.
In
Out
53:29
No.
In
Out
53:29
Councilor Braga?
In
Out
53:30
No.
In
Out
53:31
No.
In
Out
53:31
Councilor Carney?
In
Out
53:32
Yes.
In
Out
53:33
Yes.
In
Out
53:33
Councilor Chilcott?
In
Out
53:35
No.
In
Out
53:35
No.
In
Out
53:36
Councilor Gomes?
In
Out
53:36
Nope.
In
Out
53:37
No.
In
Out
53:37
Councilor Lopes?
In
Out
53:38
Yes.
In
Out
53:39
Yes.
In
Out
53:39
Councilor Oliver?
In
Out
53:40
Yes.
In
Out
53:41
Yes.
In
Out
53:41
Councilor Pemberton?
In
Out
53:43
No.
In
Out
53:44
No.
In
Out
53:45
Councilor Pereira?
In
Out
53:45
No.
In
Out
53:46
No.
In
Out
53:46
Councilor Roy?
In
Out
53:47
No.
In
Out
53:48
No.
In
Out
53:48
Fails 3 to 8.
In
Out
53:50
Item fails 3 to 8.
In
Out
53:51
All right, motion before us has been passed to a second reading, made by Councilor Burgo, second by Councilor Baptiste.
In
Out
54:00
Motion to amend, sort of have language that says to— and to expire 12 months from its enactment.
In
Out
54:11
Is there a second on that?
In
Out
54:13
Second.
In
Out
54:14
Okay, motion, uh, to amend to— for an expiration clause for 12 months made by Councilor Oliver, seconded by Councilor Carney.
In
Out
54:25
Anyone on the question?
In
Out
54:26
I'll ask the clerk to call the— on the question.
In
Out
54:28
Chair recognizes Councilor Oliver.
In
Out
54:30
Thank you.
In
Out
54:31
I think a year is more than enough time for all parties to come to the table.
In
Out
54:37
I mean, we were, we were ready to put an ordinance through in near record time, a month.
In
Out
54:43
So I think a year gives us that opportunity to hold several meetings, to hold extra meetings.
In
Out
54:51
We are not handcuffed by the meetings that we see in the queue of scheduled meetings.
In
Out
54:57
We can have one anytime.
In
Out
54:58
Heck, we had a special counsel meeting the other day.
In
Out
55:01
We can have a meeting whenever we want.
In
Out
55:04
So let's work this through to make sure that we are 100%, all of our i's are dotted, our t's are crossed.
In
Out
55:13
Nobody's trying to push this through.
In
Out
55:15
We're just trying to make sure that if we're going to lead as we've been said in this chamber often, New Bedford should be leading on issues.
In
Out
55:25
Let's get this right so others can take our example, and, and that'll be the standard, instead of waiting around for things like this to happen.
In
Out
55:35
So I think a year is good enough, because just like the proverbial clock that we heard, it works the other way, okay?
In
Out
55:45
For those that don't know, things sit in committee, okay?
In
Out
55:51
Things will go to committee to die.
In
Out
55:52
We hear it all the time, okay?
In
Out
55:56
So enacting this ordinance, we don't have to do anything else.
In
Out
56:03
We don't have to come up with legislation.
In
Out
56:05
We don't have to talk about what the— what this technology looks like in the city of New Bedford, because it's right here.
In
Out
56:13
It doesn't happen if we don't put an expiration date on it for us to act.
In
Out
56:19
So I think 1 year is enough for this council, regardless of what the makeup is, regardless of who the president is next year, regardless who the chairman of ordinances.
In
Out
56:30
We have enough time to get this through.
In
Out
56:33
So I ask my colleagues, please put a safeguard in so that we can act on this and it doesn't go to committee to die.
In
Out
56:43
Thank you.
In
Out
56:45
Councilor Burgos.
In
Out
56:49
Again, Mr. President, our colleague from Ward 3 mentions we were ready to get— put an ordinance through.
In
Out
57:02
I have a quote here.
In
Out
57:03
I don't know who this we is he's referring to, Mr. President, because he is not a part of that we.
In
Out
57:07
He wanted to delay.
In
Out
57:09
And now obviously he's talking about— again, he's stating my case for me.
In
Out
57:15
He is absolutely right.
In
Out
57:16
I agree with him wholeheartedly.
In
Out
57:17
Things do go to committee to die.
In
Out
57:20
And I am telling him I want to join forces with him.
In
Out
57:23
And contrary to popular belief, my colleague from Clara Street, I've been trying to call him, called him again today.
In
Out
57:29
I guess he returns my other colleague's phone call, refuses to talk to me, refuses to even look at me.
In
Out
57:37
I want to work with everyone in this room.
In
Out
57:40
I want to work with the administration.
In
Out
57:42
However, this administration refuses to work with anyone unless he's forced to.
In
Out
57:48
And again, to reiterate over and over again, a sunset clause for him and for anyone else who refuses to work with anyone gives them an out.
In
Out
57:58
It gives them an expiration date to delay to.
In
Out
58:01
And that is why no matter what date you put forward, it's just giving anybody who doesn't want to have any real tangible legislation an out.
In
Out
58:11
And that is why we should not— there's no ever any ordinance, any ordinance that my colleague who's been here for 30 years has put forward has never had a sunset clause on it.
In
Out
58:19
It does not make sense.
In
Out
58:21
That is all.
In
Out
58:22
Thank you.
In
Out
58:23
Thank you.
In
Out
58:24
Any— please, no applause.
In
Out
58:26
Please, no applause.
In
Out
58:27
Anyone else on their first?
In
Out
58:32
Okay.
In
Out
58:34
On their second?
In
Out
58:35
All right.
In
Out
58:36
I will ask the clerk to call the roll on a 12-month clause.
In
Out
58:39
Councilor Abreu?
In
Out
58:40
No.
In
Out
58:40
Councilor Baptiste?
In
Out
58:41
No.
In
Out
58:41
No.
In
Out
58:42
Councilor Burgos?
In
Out
58:43
No.
In
Out
58:43
No.
In
Out
58:43
Councilor Carney?
In
Out
58:44
Yes.
In
Out
58:45
Yes.
In
Out
58:45
Councilor Chauquet?
In
Out
58:46
No.
In
Out
58:47
No.
In
Out
58:47
Councilor Gomes.
In
Out
58:48
No.
In
Out
58:48
No.
In
Out
58:49
Councilor Lopes.
In
Out
58:50
Yes.
In
Out
58:50
Yes.
In
Out
58:50
Councilor Oliver.
In
Out
58:51
Yes.
In
Out
58:52
Yes.
In
Out
58:52
Councilor Pemberton.
In
Out
58:54
No.
In
Out
58:54
Councilor Pereira.
In
Out
58:55
No.
In
Out
58:55
No.
In
Out
58:56
Councilor Roy.
In
Out
58:57
No.
In
Out
58:57
No.
In
Out
58:58
Fails 3 to 8, Mr. President.
In
Out
58:59
Item fails 3 to 8.
In
Out
59:00
Before us is passing the item to a second reading.
In
Out
59:03
It's been made in second.
In
Out
59:05
I'll ask the clerk to call the roll.
In
Out
59:07
Councilor Abreu.
In
Out
59:09
Yes.
In
Out
59:09
Councilor Baptiste.
In
Out
59:10
Yes.
In
Out
59:10
Yes.
In
Out
59:10
Councilor Burgos.
In
Out
59:11
Yes.
In
Out
59:12
Yes.
In
Out
59:12
Councilor Carney?
In
Out
59:13
No.
In
Out
59:14
No.
In
Out
59:14
Councilor Chauquet?
In
Out
59:15
Yes.
In
Out
59:16
Yes.
In
Out
59:16
Councilor Gomes?
In
Out
59:17
No.
In
Out
59:17
No.
In
Out
59:18
Councilor Lopes?
In
Out
59:18
Yes.
In
Out
59:19
Yes.
In
Out
59:20
Councilor Oliver?
In
Out
59:21
No.
In
Out
59:22
Councilor Pemberton?
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59:22
Yes.
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59:23
Yes.
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59:24
Councilor Pereira?
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59:24
Yes.
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59:25
Yes.
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59:25
Councilor Roy?
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59:27
Yes.
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59:27
Yes.
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59:27
Passes 8 to 3.
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59:29
Item passes 8 to 3.
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59:32
Related motion, Councilor.
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59:34
Motion to refer the, uh, attached correspondence from Chief Thody dated— that was sent to our email on September 24th, 2026 at 11:35 AM to the Committee on Ordinances.
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59:48
Second.
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59:49
Motion to refer the comments made by the document from Chief Thody to the Committee on Ordinances made by Councilor Burgum.
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59:55
Fully draft an ordinance to put in legislative safeguards for ALPR and mass tracking— excuse me, mass location tracking technology.
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1:00:06
Okay.
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1:00:06
Made by Councilor Burgo.
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1:00:08
Seconded by Councilor Roy.
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1:00:10
Anyone on the question?
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1:00:11
Chair recognizes Councilor Burgo.
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1:00:14
Here I am again publicly stating to you as chairman of ordinances, my next meeting is scheduled for October 26th, and I pray to God my colleague to the left of me will be there not to make not one motion to table, not one motion to adjourn, and will work hand in hand collectively collaboratively with the administration, with everyone in this body, to get to work to draft an ordinance that has tangible safeguards.
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1:00:38
Because the truth of the matter, the conversation that we need to have is many people in the public are angry at the officers that were alleged misuse.
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1:00:47
We have to use that word alleged because there's still the pending investigations.
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1:00:50
2 officers that we potentially will lose on top of the officers who are resigning and fleeing our city.
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1:00:56
That's a whole other conversation, Mr. President, but I'll stick to this.
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1:01:00
We can be angry at those officers for misuse, but just like we don't give officers guns and tasers without proper training, we shouldn't have given them this technology without proper training.
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1:01:11
And that is why this needs to go to ordinance, and we can— let me quote my colleague here— take time and work through it as quickly as they would like to.
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1:01:21
And I will assure them, as chairman of ordinance, that we will have this on every single ordinance committee agenda.
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1:01:27
I will have this on that agenda.
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1:01:28
I commit that to you.
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1:01:30
Use this as a recording and hold me accountable.
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1:01:32
I promise you this will get done if you want it to get done.
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1:01:37
But play games with me, make a motion to table, make a motion adjourned.
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1:01:41
It's up to you how quickly you want this to actually get done.
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1:01:44
But I promise you, Mayor Mitchell does not want any ordinance on the book.
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1:01:47
He is going to find every way to block us.
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1:01:50
He will work with solicitor Jakes to find all the fake flaws in it, to say, oh yep, we got to veto it, or we got to delay it.
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1:01:56
But I commit to all of my colleagues here today, even the ones who don't take my phone calls, that I will work with you in committee and outside of committee, wherever you want to talk, public hearings, wherever.
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1:02:06
We will get this done as quickly as you want to get it done.
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1:02:09
It's up to you.
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1:02:10
Thank you.
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1:02:13
Anyone else on the, on that, on the question?
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1:02:15
Councillor Gomes.
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1:02:17
Thank you, Mr. President.
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1:02:18
Mr. President, I will not be voting for a second reading, and the reason is that, um, this didn't give the opportunity that it should have been given.
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1:02:28
In the Committee on Public Safety, when we had the chief in, we gave him so much time to come back with his recommendations, correct?
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1:02:35
That's what we did.
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1:02:36
We won't see that in Public Safety because we got it back today and the chairman of Audiences decided to grab a hold of that and and not even give it an opportunity.
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1:02:44
It's got to be part of the ordinance.
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1:02:45
It can't be recognized as the policies and procedures to be put in place to make this safe for the people.
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1:02:52
Again, I am sick and tired of repeating myself.
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1:02:54
And also give the tools that the police department needs in order to keep public safety and keep us safe in this community.
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1:03:03
Again, I'll use the term, you're handcuffing the police department.
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1:03:07
You want to move this to a second reading, you can move it to a second reading.
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1:03:10
You're going to move it without me.
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1:03:11
And the councilor from Clara Street is exactly right.
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1:03:14
I don't take phone calls.
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1:03:15
I don't take phone calls from those who don't work alongside of me.
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1:03:20
You work behind my back, I don't play.
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1:03:24
And it's been going on for a while, as I said.
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1:03:26
Thank you for the opportunity.
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1:03:28
Thank you, councilor.
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1:03:30
Anyone else on referring the chief's comments to the Committee on Ordinance to draft legislation surrounding ALPRs and mass location tracking technologies.
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1:03:42
Okay, all those in favor of referral say aye.
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1:03:45
Opposed?
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1:03:47
The ayes have it.
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1:03:48
I'll ask the clerk to read item number 8, please.
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1:03:51
Mr. President, item 8 is a report from the Committee on Appointments and Briefings recommending the City Council approval of the appointment of Brian J. Souza of New Bedford, Massachusetts to the Election Commission.
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1:04:01
This term will expire in April of 2029.
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1:04:03
8A is the communication.
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1:04:04
Motion to receive and place on file the communication from the Committee on Appointments and Briefings and grant the appointment.
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1:04:10
Motion to grant the appointment made by Councilor Lopes, seconded by Councilor Carney.
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1:04:16
All those in favor say aye.
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1:04:17
Aye.
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1:04:18
Opposed?
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1:04:18
The ayes have it.
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1:04:20
Appointment's granted.
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1:04:21
I will ask the clerk to read item number 9.
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1:04:22
Mr. President, item 9 is a report from the Special Committee on Special Permits and Licensing recommending the City Council approval of the appointment of Gerald L. Ribeiro of New Bedford as a constable.
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1:04:32
9A is his application to receive and place on file the communication committee on appointments and briefings and grant the appointment.
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1:04:37
Second, the special committee— motion to grant the wrong one— grant the application made by Councilor Lopes— sorry, grant the appointment made by Councilor Lopes, seconded by Councilor Abreu.
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1:04:48
All those in favor say aye.
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1:04:49
Opposed, the ayes have it.
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1:04:51
We'll ask the clerk to read item number 10, please.
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1:04:54
Mr. President, item 10 is a report from the special committee on special permits and licensing recommend to the City Council approval of a communication.
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1:05:01
City Clerk, Clerk of the City Council, to the council submitting a petition.
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1:05:05
Mark DeCambra of Somerset, Massachusetts, doing business at Side Quest Complete at 127 West Rodney French Boulevard in New Bedford, 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 other secondhand articles.
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1:05:22
10A is the communication.
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1:05:25
Motion to grant the waiver made by Councilor Abreu, seconded by Councilor Lopes.
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1:05:29
Anyone on the question?
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1:05:30
I'll ask the clerk to call the roll.
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1:05:34
Councilor Abreu?
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1:05:35
Yes.
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1:05:35
Councilor Baptiste?
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1:05:36
Yes.
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1:05:37
Yes.
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1:05:37
Councilor Burgos?
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1:05:38
Yes.
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1:05:38
Yes.
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1:05:39
Councilor Carney?
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1:05:40
Yes.
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1:05:40
Yes.
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1:05:41
Councilor Choquette?
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1:05:42
Yes.
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1:05:42
Yes.
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1:05:43
Councilor Gomes?
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1:05:46
Councilor Gomes?
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1:05:47
Yes.
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1:05:47
Yes.
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1:05:48
Councilor Lopes?
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1:05:48
Yes.
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1:05:49
Yes.
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1:05:49
Councilor Oliver?
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1:05:50
Yes.
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1:05:51
Yes.
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1:05:51
Councilor Pemberton?
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1:05:52
Yes.
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1:05:53
Yes.
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1:05:53
Councilor Pereira?
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1:05:54
Yes.
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1:05:54
Yes.
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1:05:55
Councilor Roy?
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1:05:56
Yes.
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1:05:56
Yes.
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1:05:57
Item passes 11 to 0.
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1:05:58
Without objections, can we take items 11 through 14A, waive the readings, and take no further action as made by each committee?
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1:06:07
Motion to take no further action, waive the readings of items 11 through 14A, made by Councilor Loeb, seconded by Councilor Burgo.
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1:06:13
All those in favor say aye.
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1:06:14
Opposed?
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1:06:15
The ayes have it.
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1:06:16
I will ask the clerk to read item number 15, please.
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1:06:19
Mr. President, item 15 is a petition from an indemnity agreement, Art History Architecture New Bedford Incorporated at 202 Spring Street in New Bedford, for the permission to encroach onto a city sidewalk with a force— with 4 17 by 17 by 18 and 4 21 by 21 by 22 black cube Veritech planters to be placed near the existing benches in the corner of Union Street and Purchase Street, directly in front of the Star Store building located at 715 Purchase Street.
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1:06:47
15A is the order.
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1:06:49
Motion to grant the order made by Councilor Burgos, seconded by Councilor Baptiste.
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1:06:53
Anyone on the question?
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1:06:54
All those in favor say aye.
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1:06:56
Opposed?
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1:06:56
The ayes have it.
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1:06:57
I will ask the clerk, without objection, can we take items 16 through 18 together?
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1:07:03
Without objection, the clerk will read 16 through 18, please.
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1:07:05
Mr. Mr. President, item 16 is communication from the Department of Parks, Recreation, and Beaches submitting a Memorial Park Bench and Tree Dedication Program application for a tree, 2 benches, and 2 plaques.
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1:07:16
One bench and plaque near Buttonwood Senior Center, placing the pond— placing the pond and the other bench and the plaque near Waller Library facing Rockdale Avenue in honor of Gene B. Bennett, a founding member of the Friends of Buttonwood Park.
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1:07:30
Item 17 is a communication from the Department of Parks, Recreation, and Beaches submitting a Memorial Park Bench and Tree Dedication Program application for a bench and plaque near the West Beach boat ramp close to Fort Tabor in honor of Ramsey Rafferty.
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1:07:45
And item 18, Mr. President, is a communication from the Department of Parks, Recreation, and Beaches submitting Memorial Park Bench and Tree Dedication Program application for a bench and plaque at Brentwood Park donated by Lori and John Bullard.
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1:08:00
Motion received and placed on file, 16 through 18, and refer to the Committee on Memorials and Dedications.
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1:08:06
Made by Councilor Burgos, seconded by Councilor Baptiste.
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1:08:08
Anyone on the question?
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1:08:09
All those in favor say aye.
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1:08:11
Opposed, the ayes have it.
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1:08:12
I'll ask the clerk to read number 19, please.
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1:08:14
Mr. President, item 19 is communication from Manuel De Brito, the Board of Election Commissioners, to City Council, submitting the state election warrant for Tuesday, November 3rd, 2026.
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1:08:24
This warrant has been signed by the majority of the city council and will be posted on the 7th day prior to the election date as mandated by Mass General Law Chapter 43, Section 44A.
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1:08:34
A copy of this warrant will be posted at each polling location.
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1:08:37
Receive and place on file.
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1:08:38
Motion to receive and place on file made by Councilor Gomes, seconded by Councilor Burgo.
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1:08:42
Anyone on the question?
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1:08:44
All those in favor say aye.
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1:08:46
Opposed?
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1:08:46
The ayes have it.
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1:08:48
Motion to take up and adopt consent made by Councilor Avro, second by Councilor Roy.
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1:08:53
Anyone on the question?
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1:08:54
All those in favor say aye.
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1:08:56
Opposed, the ayes have it.
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1:08:57
Since I like to do it, motion to adjourn.
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1:09:00
Motion to adjourn made by Councilor Oliver, seconded by Councilor Lobergo.
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1:09:04
All those in favor say aye.
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1:09:06
Opposed, the ayes have it.
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1:09:07
We'll return at 8:17 PM.
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