Councillor Oliver Requests Police Detail for Davis Street Utility Work
Councillor Baptiste Raises Safety Concerns for Purchase and Maxfield Street Conduit Work
City Council Reviews Prior Fiscal Year Unpaid Bills Across Departments
Councillor Burgo Moves to Substitute License Plate Reader Ordinance
Shane A. Burgo Proposes Halting License Plate Readers Until Safeguards Pass
Shawn Oliver Advocates for 6-Month Sunset Clause on ALPR Restrictions
The New Bedford City Council met on September 24, 2026, to address a variety of municipal petitions, committee reports, and appointments. The meeting opened with utility hearings presented by Eversource representative Jessica Elder regarding pole and conduit installations across Acushnet Avenue, Ashley Boulevard, Purchase Street, Maxfield Street, and County Street, all of which were approved following public hearings. The council also approved several routine financial communications, including referring prior-year unpaid bills totaling over $33,000 to the Finance Committee, reauthorizing the MIS department's $30,000 Southeastern Regional Revolving Fund, and reappointing Kathryn Duff to the Planning Board. The centerpiece of the meeting was a heated debate over an ordinance regulating automated license plate readers (ALPR) and mass location tracking technology. Councillor Shane A. Burgo moved to substitute the ordinance committee's draft with an alternative that utilized definitions from Police Chief Jason Thody and Solicitor Eric Jaikes to halt ALPR use until permanent legislative safeguards are enacted. Despite intense pushback from Councillor Brian K. Gomes, who argued that pausing ALPR technology severely compromises public safety and police investigations, and repeated failed attempts by Councillor Shawn Oliver to add sunset clauses (at 6, 9, and 12 months), the substituted ordinance passed to a second reading on an 8-3 vote. Following an audience disruption that led Council President Ryan J. Pereira to order an individual removed and call a brief recess, the council unanimously voted to refer Chief Thody's correspondence back to the Committee on Ordinances to continue drafting permanent safeguards. In other business, the council approved appointments including Brian J. Souza to the Election Commission and Gerald L. Ribeiro as constable, granted a secondhand dealer residency waiver to Mark DeCambra of Side Quest Complete, approved sidewalk planter encroachments for Art History Architecture New Bedford Inc. outside the Star Store building, and received the official state election warrant for November 3, 2026.
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Council
City Officials
Public Safety
Public / Other
All right, good evening, ladies and gentlemen.
0:13It is 7:02 PM on Thursday, September 24th, 2026, in the City Council Chambers.
0:21We'll be led in prayer this evening by Pastor Morgan Proudfoot of the Grace Harbor Church.
0:29Well, friends of the city, members of City Council, let's, let's pray together this evening.
0:35God, we come to you recognizing that you have given us the great privilege of living in a great city.
0:43We thank you that we have the joy and the freedom to care for the place that you have placed us.
0:51And tonight, we uniquely call on you for help.
0:54God, we pray that you would give those who are in positions of authority wisdom and discernment as they lead and make decisions.
1:04God, 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.
1:15And 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.
1:26And so, God, in every way, would you go before us?
1:29Would you lead us in a posture of humility?
1:33Would you give us wisdom beyond our years to make decisions that are best for our city?
1:39And we pray this in the name of Jesus Christ.
1:42We pray.
1:43Amen.
1:43Amen.
1:45We are led in the Pledge of Allegiance by Councilor of Ward 1, Leo Shokat.
1:51I 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.
2:10Thank you, Councilor.
2:13I 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.
2:35I am Councilor of Ward 6 and President Ryan Pereira.
2:39I will ask the clerk if there are any letters to be read into the record.
2:41There are none, Mr. President.
2:43Okay.
2:45I will ask the clerk to— I would like to note that this meeting is being livestreamed and recorded.
2:50City Council and committee meetings can be viewed on the City of New Bedford's homepage under Quick Links, then Meetings.
2:57All right.
2:58I will ask the clerk to begin with our hearing section on number 1, please.
3:02Mr. 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.
3:14This work is necessary to provide system improvements and increased reliability to Acushnet Avenue.
3:191A is the order.
3:22Motion to receive and place on file and open the public hearing.
3:24Motion to receive and place on file, open the public hearing, made by Councilor Burgo, seconded by Councilor Pemberton.
3:29All those in favor say aye.
3:31Opposed, the ayes have it.
3:32Jessica, good evening.
3:34Good evening, members of Good evening, City Council, Mr. President.
3:36Jessica Elder representing Eversource.
3:39Thank you for having me this evening.
3:41Eversource is petitioning to install a pole on— a joint-owned pole on Acushnet Avenue.
3:48This JO pole is labeled 1/2 over 5.
3:50It's going to be 82 feet from pole 1 over 2 and 48 feet from pole 1 over 3.
3:59This joint-owned pole is just— this proposed pole is necessary just to accommodate some switching equipment associated with system improvement, as stated earlier.
4:07Area, designed to provide an alternate electrical supply and improve system reliability.
4:14As 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.
4:28Okay, colleagues, any questions?
4:33Councilor Baptiste, how you doing?
4:35Good evening.
4:35Thank you, Council President.
4:37Where on Acushnet Avenue?
4:39Uh, 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.
4:55Um, on the sketch it doesn't show exactly what the Near— looks like County Street, down in that area.
5:05So we have Acushnet Ave, there's Delano Street, and there's Blackmere Street.
5:14So down in that area.
5:15So it's down at the end of Acushnet Avenue on Blackmere Street?
5:18Yeah.
5:19All right.
5:20And like you said, you are going to have a detail there, right?
5:23Correct.
5:24All right.
5:25Is it— is lanes going to be open?
5:27Is it going to be any closed traffic, like any lanes?
5:28For a pole, I don't know.
5:31Don't expect that to— yeah, I don't expect them to.
5:34And how long is it going to take us out of the road?
5:36Uh, normally, let's see, we have one pole, it's 24 to 48 hours on the normal.
5:41Uh, 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.
5:50No problem.
5:50Thank you so much for clearing that up.
5:52Thank you, Mr. President.
5:54Thank you.
5:55Anyone else?
5:57Okay, this is a public hearing, so any members of the public who wish to speak on this item?
6:03Anyone who would like to speak on this item?
6:07Would anyone like to be recorded in favor of this item?
6:10Be recorded in favor.
6:12Would anyone like to speak in opposition?
6:14Speak in opposition.
6:16Would anyone like to be recorded in opposition?
6:19Be recorded in opposition.
6:21All right, seeing no more public comment, colleagues, Motion to close the public hearing made by Councilor Abreu, seconded by Councilor Lopes.
6:30All those in favor say aye.
6:32Opposed, the ayes have it.
6:33Your pleasure.
6:36Motion to adopt the order made by Councilor Abreu, seconded by Councilor Baptiste.
6:40Anyone on the question?
6:41All those in favor say aye.
6:43Opposed, the ayes have it.
6:44I will ask the clerk to read item 2.
6:47Mr. President, item 2 is a hearing from NSTAR Electric Company doing business as Eversource Energy and Verizon in New England.
6:53The joint location of one jointly owned pole on Ashley Boulevard.
6:57This work is necessary to provide service to 297 Ashley Boulevard.
7:012A is the order.
7:04Motion received and placed on file and open the public hearing.
7:06Motion to open the public hearing made by Councilor Virgo, seconded by Councilor Lopes.
7:11All those in favor say aye.
7:13Opposed, the ayes have it.
7:14Jessica?
7:15Sure.
7:15So work order number 250146 This is on the corner of Davis Street and Ashley.
7:23Eversource 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.
7:38It is for the customer on Ashley Boulevard.
7:40The proposed pole is necessary to accommodate a dedicated transformer.
7:45Required to provide upgraded 600-amp electric service to that, to that address at 297.
7:53Uh, police detail will be requested as necessary.
7:56We will restore the, the area to the same condition or better.
8:00And, um, we, uh, yeah, any disturbed area, yep.
8:05So police detail and anything that's disturbed will be— Chair recognizes Councilor Oliver.
8:11Thank you, Mr. President.
8:13Thank you.
8:14Um, all the work is on Davis Street, is that correct?
8:17It's all on Davis, correct.
8:19Um, yeah, it's right on the corner, but it's, it's on Davis.
8:21And 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.
8:33Okay.
8:33How long of, uh, what's the, the work?
8:36Again, it's a one-pull, yeah, 24-48 hours.
8:39I'm sorry, 24 or 48 hours.
8:41Okay.
8:43Um, 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.
8:56I'm sorry, I would— just because it's a— they, they'll— a lot of folks will— Ashley Boulevard is busy.
9:01Yeah.
9:02And 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.
9:18And right, okay, right, they definitely will need a detail.
9:21Thank you.
9:21Yeah, that's all, uh, Mr. President.
9:24Thank you.
9:24Thank you, Councilor.
9:25Anyone else?
9:27Okay, again, this is a public hearing.
9:30If 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.
9:42If anyone would like to speak in opposition of this item, speak in opposition.
9:47If anyone would like to be recorded in opposition, be recorded in opposition.
9:52Okay, colleagues, motion to close the public hearing made by Councilor Lopes.
9:59Second.
9:59Seconded by Councilor Baptiste.
10:00All those in favor say aye.
10:02Opposed?
10:03The ayes have it.
10:03Your pleasure.
10:06Motion to adopt the order made by Councilor Lopes.
10:09Second.
10:09Second by Councilor Oliver.
10:10Anyone on the question?
10:12All those in favor say aye.
10:14Opposed?
10:14The ayes have it.
10:15I will ask the clerk to read item number 3, please.
10:17Mr. 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.
10:333A is the order.
10:35Motion will be received and placed on file and open the public hearing.
10:37Motion to open the public hearing made by Councilor Baptiste, seconded by Councilor Lobergo.
10:41Anyone on the question?
10:42All those in favor say aye.
10:44Opposed?
10:44The ayes have it.
10:46Jessica, again, work order number 20184834.
10:52Eversource 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.
11:14Police detail will definitely need— will need to be requested and to safely manage the traffic area.
11:22Uh, 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.
11:31And of course, any area disturbed as a result of the work will be restored to its original condition or better.
11:40Councilor Baptiste.
11:42Thank you.
11:42Um, so at 1204, where, where is it gonna be exactly at?
11:47Is 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?
11:52Street.
11:52So we're starting on Purchase and we're going down Maxfield.
11:56We're going down Maxfield.
11:57All right.
11:58And, 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.
12:08So we, you know, we would, we would want to detail up over there just for everybody's safety.
12:12And, um, how long is the project going to go?
12:15Uh, now this is conduit.
12:16This may take a little bit longer.
12:19Usually are— they go according to the footage.
12:24I would imagine looking at this, this could be 4 to 5 days at max, weather permitting.
12:30Is 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.
12:44They're usually pretty good about it.
12:45Sending out the notice.
12:46Thank you.
12:46I just, I just wanted to make sure because like I said, that's a busy area.
12:50Fast 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.
12:59Absolutely.
12:59Thank you.
13:00I yield.
13:01Thank you, Councilor.
13:02Anyone else?
13:04Okay, again, this is a public hearing.
13:06If any member of the public wishes to speak in favor, speak in favor.
13:12If any member of the public wishes to be recorded in favor, to be recorded in favor.
13:17If any member of the public wishes to speak in opposition, speak in opposition.
13:24If any member of the public wishes to be recorded in opposition, to be recorded in opposition.
13:30Okay, seeing none, motion to close the public hearing.
13:33Motion to close the public hearing made by Councilor Baptiste, seconded by Councilor Lopes.
13:37Anyone on the question?
13:39All those in favor say aye.
13:40Opposed?
13:41The ayes have it.
13:41No pleasure.
13:43Motion to adopt the order made by Councilor Baptiste, seconded by Councilor Pemberton.
13:47Anyone on the question?
13:48All those in favor say aye.
13:50Opposed?
13:51The ayes have it.
13:52I will ask the clerk to read item number 4.
13:55Mr. 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.
14:05This work is necessary to provide upgraded underground service and increase system reliability on County Street.
14:104A is the order.
14:12Motion to receive and place on file and open the public hearing.
14:15Motion to open the public hearing made by Councilor Lopes, seconded by Councilor, uh, Burgo.
14:21Anyone on the question?
14:22All those in favor say aye.
14:24Opposed, the ayes have it.
14:25Jessica, again, a work order number 26770653.
14:31Eversource is requesting permission to install handhold 8000 over 996E.
14:36That'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.
14:45Um, that's pretty much it.
14:47A police detail will be requested as necessary to safely manage traffic and pedestrians, of course, during construction in the traffic.
14:55And any Any disturbed work will be set to reset to the same as it was or better.
15:03Perfect.
15:06Councilor Lopes.
15:07Thank you, Council President.
15:09Understanding 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.
15:16I would just request a police detail for this job.
15:18Oh, it— I definitely— perfect.
15:20Thank you.
15:21Absolutely.
15:22Yeah, just because of the work we're doing on County Street.
15:23Anything you were doing in the street, we normally would normally get a detail.
15:27Thank you.
15:28Thank you, Council President.
15:30Thank you, Councilor.
15:30Anyone else?
15:34Okay, again, this is a public hearing.
15:36If any member of the public wishes to speak in favor, speak in favor.
15:41If any member of the public wishes to be recorded in favor, to be recorded in favor.
15:46If any member of the public wishes to speak in opposition to speak in opposition?
15:52If anyone would like to be recorded in, in opposition from the public— recorded in opposition.
15:59Okay, seeing none, motion to close the public hearing made by Councilor Lopes, seconded by Councilor Lobergo.
16:06All those in favor say aye.
16:08Opposed, the ayes have it.
16:09Your pleasure.
16:10Make a motion to adopt the order as presented.
16:12Motion to adopt the order as presented made by Councilor Lopes, seconded by Councilor Abreu.
16:16Anyone on the question?
16:18All those in favor of adoption say aye.
16:20Opposed?
16:21The ayes have it.
16:22The items are adopted.
16:24Without objection, we will take items M1 through M9A together.
16:31Without objection.
16:32Mr. 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.
16:42The 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.
16:53M2 is the same for the Wastewater Enterprise purchase of services in the amount of $1,011.96.
17:00M3 is the same for the Department of Public Infrastructure purchase of services in the amount of $3,593.
17:08M4 is for the Department of Public Infrastructure supplies in the amount of $2,360.43.
17:15M5 is for the Department of Public Infrastructure supplies in the amount of $148.30.
17:23M6 is for zoo purchase of services in the amount of $833.53.
17:28M7 is for library supplies in the amount of $469.26.
17:34M8 is for cable access enterprise fund purchase of services in the amount of $110.23.
17:40Item 9, Mr. President, is for the Airport Enterprise Fund supplies in the amount of $103.84.
17:46Motion to receive and place on file M1 through M9A and refer to the Committee on Finance.
17:52Motion to refer to the Finance Committee is made by Councilor Bergo.
17:57Second.
17:58Seconded by Councilor Baptiste.
17:59Anyone on the question?
18:01All those in favor say aye.
18:03Aye.
18:03Opposed?
18:04The ayes have it.
18:05Item M— I'll ask the clerk to read M10, please.
18:07Please.
18:08Mr. 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.
18:30M10 is the order.
18:31Motion to receive and place on file and adopt the order as Motion to adopt the order made by Councilor Lopes, seconded by Councilor Burgo.
18:38Anyone on the question?
18:40All those in favor say aye.
18:47Uh, all those in favor say aye.
18:52Opposed?
18:53The ayes have it.
18:53I'll ask the clerk to read M11, please.
18:56Mr. President, M11 is communication from the mayor to the council Submitting the reappointment of Catherine Duff of New Bedford to the planning board.
19:03This term will expire in October of 2029.
19:05Make a motion to receive and place on file, waive Rule 38 and waive Rule 40 with one vote and grant the reappointment as presented.
19:11Second.
19:12Waive Rules 38 and 40 and grant the appointment made by Councilor Lopes, seconded by Councilor Carney.
19:20Anyone on the question?
19:21I'll ask the clerk to call the roll.
19:24Councilor Abram.
19:25Yes.
19:25Councilor Baptiste?
19:26Yes.
19:27Yes.
19:27Councilor Burgow?
19:28Yes.
19:28Yes.
19:29Councilor Carney?
19:30Yes.
19:30Yes.
19:31Councilor Choquette?
19:32Yes.
19:32Yes.
19:33Councilor Gomes?
19:33Yes.
19:34Yes.
19:34Councilor Lopes?
19:35Yes.
19:35Yes.
19:36Councilor Oliver?
19:37Yes.
19:37Yes.
19:37Councilor Pemberton?
19:39Yes.
19:39Yes.
19:39Councilor Pereira?
19:40Yes.
19:41Yes.
19:41Councilor Roy?
19:43Passes 10 to 0, Mr. President.
19:45Item passes 10 to 0.
19:49Moving on to new business, I will ask the clerk to read item number 5.
19:51Uh, sorry, we'll take— without objection, take 5 through 6A together.
19:55All right, I'll ask the clerk to read them.
19:57Mr. 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.
20:326A is the communication.
20:33Make 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.
20:42Motion to grant the, uh, benches made by Councilor Lopes, seconded by Councilor Baptiste.
20:48Anyone on the question?
20:50All those in favor say aye.
20:52Opposed?
20:52The ayes have it.
20:53I would like to recognize we have been joined by Councilor at Large James Roy.
20:59I will ask the clerk to read item number 7, please.
21:02Mr. 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.
21:137A is the ordinance.
21:15Motion to substitute the committee's ordinance.
21:22Motion 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.
21:34Okay, we have a motion to substitute.
21:39It's at the bottom of your agenda if you haven't found it yet.
21:42Motion to substitute the ordinance with the ordinance that is before us.
21:48Second.
21:49It's been made by Councilor Burgo, second by Councilor Baptiste.
21:53Anyone on the question of substituting the ordinance?
21:57Councilor Burgo.
22:02Colleagues, 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.
22:17And 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.
22:36And I recognize already that this ordinance was going through quicker than we'd normally process.
22:44And 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.
22:53In the response that Chief Doty has presented to us.
22:58He has asked, along with Solicitor Jakes and the mayor, they have defined what an ALPR is and mass location tracking technology.
23:08And 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.
23:16Automated 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.
23:31The term does not include a device that detects only vehicle presence, count, speed, or traffic flow without retaining identifiable license plate information.
23:41That is the administration's definition.
23:44That is what we will be using, or that's what I would propose that we use.
23:48Is the administration's definition.
23:50That is what they gave us.
23:52Their 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.
24:13The 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.
24:39Again, that is the direct definition from Chief Thody, approved by City Solicitor Jakes and the administration.
24:47I 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.
25:10As we know, our motions mean nothing.
25:14A motion to the mayor is simply a request.
25:19Through that motion, the mayor returned that back unsigned, which is the mayor publicly telling us, I'm not going to do that.
25:25I don't have to commit to that.
25:28The 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.
25:38However, 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.
25:45Fine.
25:46In 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.
26:02As I speak right now, Mayor Mitchell could turn those cameras back on.
26:07And 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.
26:24We're not using it.
26:25We cannot use it in the city until we come to an agreement.
26:31Essentially, we should all be in agreement because that's what the chief has committed to us.
26:37The mayor technically has not committed that to us, but I can't imagine why he wouldn't.
26:42So 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.
26:56Again, 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.
27:09That passed unanimously by this council back on August 25th, but that means nothing.
27:15This ordinance does exactly what that motion asked to do.
27:19But once we pass it to a second reading tonight and is eventually ordained, the mayor has to follow it.
27:26He can't just return it unsigned.
27:28And that is what I hope you all will support tonight by passing this to a second reading.
27:33And 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.
27:50So it's not to say we can't have ALPR technology.
27:53We need to have this conversation.
27:54But there is no sense of urgency from the administration and from, honestly, some of our colleagues here, Mr. President.
28:00When 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?
28:10What's the rush?
28:11That's what we kept hearing.
28:13So now we put this forward and we put the urgency on the administration.
28:18And 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.
28:26Meet 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.
28:36And they decided to purposefully wait till the last minute because they want to delay this.
28:41And 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.
28:56Thank you.
28:57Thank you, Councilor.
28:58Chair recognizes Councilor Carney.
29:00Thank you.
29:01Just a point of information.
29:03Can we— I, I'd like to refer the original ordinance that was put before us a couple of weeks ago, um, back to committee.
29:11So I don't know what the appropriate time is to refer that, that many— that, um, ordinance back to committee.
29:17Provision 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.
29:30Councilor, I'm explaining what I'm— what I would allow, and then you can, you can speak.
29:34Sorry.
29:35I will allow a substitution motion.
29:37We will vote on this ordinance, and then before us will still be the original Ordinance 7A, and then we can take action on that.
29:46So if you're— if your goal is to refer back the original— doesn't the original motion take precedent— precedence?
29:53No.
29:55Okay, motion to refer.
29:56So we're going to— precedence.
29:57Okay, thank you.
29:59Thank you.
30:00Anyone else?
30:03Okay, 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.
30:12All those in favor of bringing this ordinance forward say aye.
30:15Okay, roll call vote on putting forward this ordinance.
30:21Councilor Abreu?
30:22Yes.
30:23Councilor Baptiste?
30:24Yes.
30:25Yes.
30:25Councilor Burgos?
30:26Yes.
30:26Yes.
30:27Councilor Carney?
30:27No.
30:28No.
30:28Councilor Choquette?
30:29Yes.
30:30Yes.
30:30Councilor Gomes?
30:31No.
30:32No.
30:32Councilor Lopes?
30:33Yes.
30:34Yes.
30:34Councilor Oliver?
30:35No.
30:35No.
30:36Councilor Pemberton?
30:37Yes.
30:38Yes.
30:38Councilor Pereira?
30:39Yes.
30:40Yes.
30:40Councilor Roy?
30:41Yes.
30:42Yes.
30:42Item passes 8 to 3.
30:44So now before us is this ordinance.
30:48Motion to pass to a second reading.
30:50Motion to amend language in the ordinance that's in front of us.
30:54Okay, so we have a motion to amend, uh, the ordinance before us, which would take precedent.
31:01What is the amendment, Councilor?
31:03Neither of us got a second.
31:04Well, I would like— I, I would need the amendment for someone to properly second.
31:07The 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.
31:25And expire 6 months from its enactment.
31:35Okay, that amendment has been made by Councilor Oliver, seconded by Councillor Lopes.
31:41On the question, Chair recognizes Councillor Oliver.
31:45Thank you, Mr. President.
31:47I agree, we need to continue the work on this, and as we heard, we will.
31:55It 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.
32:09What 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.
32:22Now, 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.
32:33But 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.
32:53So 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.
33:05And 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.
33:16Thank you.
33:17Thank you.
33:18Chair recognizes Councilor Abreu.
33:21Thank you very much, Mr. President.
33:22I just— I heard both of my esteemed colleagues speak about this, and both make some salient points.
33:27But 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.
33:37But 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.
33:54So I just want to get that clear, see, uh, what— because until January, he is still the chairman of the ordinance committee.
34:01So I just would like to get his, his stance on that.
34:03Thank you, Mr. President.
34:04Thank you, Councilor.
34:05Councilor Burgo.
34:11Um, I don't know why we would need a sunset clause.
34:14Um, we, we haven't done that with any other ordinance.
34:18We've never done that.
34:19And 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.
34:36My 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.
34:47And there's— after that 6 months, this ordinance then would expire, and there's no guarantee that any safeguards would be put into place.
34:55That'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.
35:06And the reason why that's very feasible is we only have 2 ordinance committee meetings on the book.
35:12For the rest of the year.
35:13October 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.
35:28And unlike some of my colleagues, I stay true to my word.
35:31So on October 26th, I will make sure that that is worked on.
35:35The next available ordinance meeting after October 26th would be November 9th.
35:40But again, my colleagues love to table things.
35:42After that, we only have one city council meeting in December.
35:46One.
35:47And 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.
35:56So 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.
36:05So that's the only reason why I caution this body from putting a sunset clause.
36:09You'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.
36:19So 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.
36:33So it's really up to this body to rush it.
36:36We don't need to put a sunset clause in that allows the administration to delay it.
36:41Let's— this body decide how quickly we move.
36:46Councilor Oliver.
36:47Thank you, Mr. President.
36:50Thank you.
36:53Thank you, everybody.
36:56Yeah, 100% right.
36:59Uh, 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.
37:15The 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.
37:35So 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.
37:46So you're right, I was not in favor of storming it through like we did.
37:50Because here we are sending it back or looking to alter it.
37:54So this does not do anything more.
37:58The sunset clause does not put us in any different position than we've already been.
38:03We quickly drafted an ordinance.
38:05We 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.
38:18So 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.
38:34So this does not run out a clock.
38:37This is— yes, does it set a clock?
38:39Yeah, 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.
38:53So that's all it is.
38:55It's nothing more than that.
38:57Anybody 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.
39:08Thank you.
39:09Thank you.
39:09Anyone else on their first on the amendment?
39:13On their second, Councilor Burgo.
39:19Mr. President, I appreciate the maker of the motion for saying the quiet part out loud.
39:24We can take time.
39:26You know, I like to write my quotes down here.
39:28We can take time.
39:29So he's already setting it up to tell you that this is his intention with the sunset clause.
39:33We can take time.
39:35That'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.
39:51Because it's easy for this council to constantly say, oh, we can only do so much, we can only do so much.
39:58I'm tired of having to say that.
40:01I'm sure you are too, Mr. President.
40:03Here is an opportunity for us not to have to say that tired excuse all the time.
40:07But nope, sure, now we can fall on, oh well, we tried our best.
40:13We can take our time and we're sending it back because it's flawed.
40:17That is not true.
40:18We'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.
40:35Some of our colleagues had concerns about it.
40:37They wanted to discuss it.
40:38And 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.
40:44And that was out of respect to all of you.
40:46I do not believe that my original ordinance is flawed.
40:48But 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.
41:07Because 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.
41:15So again, the quiet part was said out loud already.
41:18Yeah, let's send this back so we can take our time.
41:21And delay the clock to run out.
41:23That's what this 6-month delay is.
41:25Thank you.
41:27Thank you.
41:28Anyone else on their first?
41:31Anyone on this?
41:34Anyone on their second?
41:38I will ask— I will— I will ask the public.
41:44I'm going to give you a warning, Gilly.
41:47I'm gonna give you a warning that our rules— you are breaking rules of decorum enforceable by the chair.
41:54I'm gonna ask you to refrain publicly now on the record.
41:59Another outburst, please, so we do not have to have you removed.
42:04Another outburst, Gilly, I'm warning you now.
42:08All right, before us now is an Who wants the floor?
42:17Chair recognizes Councilor Gomes.
42:21Thank you very much, Mr. President.
42:27I'm not about to vote for any ordinance because I believe that the first ordinance was rushed.
42:35Now we're coming up with this, and this is a compromise.
42:38That's all this is.
42:40This is just a compromise.
42:42Which— what most people don't understand is these cameras have been working for a long time in the city of New Bedford.
42:50They've been working in the state for a long time.
42:53And the concern was people's rights, their pictures, their information.
43:01That's not what these cameras do.
43:04These cameras take pictures of plates.
43:06And cars.
43:09Can I finish, Mr. President?
43:11Thank you very much.
43:13I, 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.
43:27Mr. President, I'm going to speak, but if I'm going to get catcalled from behind, are you going to remove them people?
43:37I guess not.
43:38I guess not.
43:38Don't worry about it.
43:39I can handle it.
43:40I just wanted to check with you before it goes into what it is.
43:43You, you can push the mic and you— I know you're disgusted.
43:46I don't really care.
43:47I'm disgusted.
43:48I'm disgusted how this thing has moved forward without any consideration to bring the police chief in.
43:55As I said in the beginning, policies and procedures to govern over these cameras.
44:02Protect people's rights.
44:04You want to throw public safety away?
44:06You go right ahead in the 21st century.
44:08I'm not about to.
44:10I'm about to work with every party to make sure that we put the best foot forward on this issue.
44:17This is being rushed through.
44:19I don't know why.
44:20The cameras are shut down.
44:22They're not taking your pictures.
44:23So what are you worried about?
44:26Give the ordinance a chance to go back to committee.
44:28This has been a game played anyway.
44:31September 8th, the ordinance meeting.
44:32September 9th, the public safety meeting.
44:35Yeah, you know, so you don't hear too much about that.
44:37You come back to ordinance, we've already got it planned.
44:39We— our plan of action is going to be in place.
44:43I represent 100,000 people in the city of New Bedford, if not more.
44:48Have you heard from everybody?
44:50Have you heard?
44:51I'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.
45:02And you know what?
45:04Our constituency is not saying to get rid of the floor camera.
45:07Yes, they are.
45:10See what I mean?
45:11They're not saying it.
45:13Do some door knocking.
45:15They want the public safety.
45:17They want safe neighborhoods.
45:19And don't tell me about any neighborhood across this city that doesn't want a camera.
45:26We've had shootings in this city.
45:28We've had all kinds of things.
45:29You people put this in place.
45:31You know what you're doing?
45:32I'm glad that the council— I had a conversation with the councilor from Ward 3 earlier tonight because he used my phrase.
45:39We're handcuffing the police department.
45:41We're handcuffing the people of this city.
45:43We're handcuffing public safety.
45:45We're handcuffing our investigations and more.
45:49As Public Safety Chair, I'm a little more in-depth and know what's going on.
45:52Do you know how many crimes have been solved by these cameras?
45:55Do you know how many crimes have been solved just over the weekend by these cameras?
46:01Including the saddest story, the UMass Dartmouth football player, the girl that got kidnapped in Rhode Island, stopped in Connecticut because of the flock camera.
46:11There was a robbery that was involved that they were apprehended, and it goes on and on and on.
46:20Let's slow this down.
46:22Trust me, slow this down.
46:24I know what everybody here wants— want the cameras off.
46:27Why do you want the cameras off?
46:28They're already off.
46:30Why 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?
46:36In the best interest of public safety, in the best interest of the police department providing that public safety.
46:42You are handcuffing them.
46:44You are taking a tool away from the shed.
46:46And the original ordinance, it took all kinds of things away.
46:54I see you roll your eyes, Mr. President.
46:58I know you're disgusted with me, but I'm sorry, I'm a little disgusted too.
47:03And I've been kind of a nice guy in here.
47:05See, because every time this set— you see what's going on right now?
47:08Yeah, 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?
47:17And I, I, I could, I could, I could with some of the actions that's been taken in here.
47:23But back to the issue at hand.
47:25You want to vote for these ordinances, you go right ahead.
47:28I'm not voting for this.
47:29I'm not voting for the substitute.
47:31Or nothing, because what you have done is handcuff public safety.
47:34It didn't have to go this far.
47:36It could have went to committee.
47:37The 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.
47:53At this point, we've shut that down.
47:56I 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.
48:07It's hard to explain.
48:08I want to feel that inside when you want that cop— you want that culprit caught.
48:14You want that person that's done that crime caught.
48:16I appreciate you giving me time.
48:18I'd take all night if you let me.
48:20But I'm very disturbed, Mr. President.
48:22I've always shown you respect, Mr. President.
48:24You're not showing me respect when you sit there rolling your eyes.
48:27And you can shake your head, you can shake your head, I don't care.
48:31You have let this thing get out of hand.
48:33From the first night, you let it get out of hand.
48:38Why don't you come on down and sit me down?
48:40Councilor Gomes, please do not address me that way.
48:42Oh, you're going to reframe me.
48:43That's what I mean.
48:44You're not going to reframe the room, but you're going to reframe me.
48:47I'm disturbed with you.
48:49You are not the man that I thought you were.
48:52Anyone else would like the floor?
48:57No, no, no, excuse me, no outbursts, no outbursts, please.
49:01Would anyone else like the floor?
49:05Councilor Carney.
49:06Yes, thank you, Mr. President.
49:09I just want to bring it to the chair of the Ordinance Committee.
49:13Um, I was looking at the, the schedule.
49:15There are several dates that are open in October and November.
49:19I do believe that we really need policies and procedures for, um, all the cameras, especially the ALRPRs.
49:29So I'm just making a suggestion.
49:31I 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.
49:38So 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.
49:49We can add a couple more meetings so we can get 4 in there.
49:53Hopefully 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.
50:01I want to go back to the ordinance committee so we can work on it as a group.
50:05Thank you, Mr.
50:05Chair.
50:06Anyone else on the question of amendment?
50:10Chair recognizes Councilor Gomes on the amendment.
50:13Hear his voice?
50:14If he could come down here and choke me, he would, but he is not.
50:17On the amendment, Councilor Gomes.
50:18I'll talk to you when I want.
50:19Don't talk to me.
50:21Whoa, whoa, no, no, no, no, no.
50:22Councilor Gomes, please take your seat.
50:24Don't talk to me.
50:24You didn't talk to anybody else.
50:26Don't talk to me.
50:26Please take your seat, Councilor Gomes.
50:28You were going to speak on the item.
50:29I'm going to speak on the item.
50:30Or you will not speak at all.
50:31Oh, I won't.
50:32On the, on the amendment, Councilor Gomes.
50:35Again, You have rushed this through.
50:39Take your time.
50:40Send it back to committee, as my colleague has just said, and work this all out.
50:45There's no need for the rush.
50:48What is the rush?
50:55You want to have me removed?
50:58On the Amendment Council?
50:58Try it.
51:05Try it on the— anyone else would like to?
51:12Gilly, please leave the chamber.
51:15The chair is ordering you to leave the chamber.
51:19There will be no other outbursts.
51:24Gilly, can you please leave the chamber?
51:28I will ask the officer to remove Gilly from the chamber.
51:32Thank you.
51:33We'll take a brief recess.
51:56All right, it is 8 o'clock.
51:57I am reconvening the council meeting.
52:00Currently before us is an amendment to the swapped ordinance adding a 6-month expiration clause.
52:09Anyone else on the question of this amendment?
52:13Very good.
52:14A roll call has been requested, so therefore I will ask the clerk to call the roll on the amendment before us.
52:24No.
52:25Councilor Baptiste?
52:25No.
52:26No.
52:26Councilor Bruggo?
52:27No.
52:28No.
52:28Councilor Carney?
52:29Yes.
52:30Yes.
52:30Councilor Choquette?
52:35Councilor Gomes?
52:37On this?
52:38On the amendment?
52:38On the amendment?
52:39No.
52:40No.
52:40Councilor Lopes?
52:41Yes.
52:42Yes.
52:42Councilor Oliver?
52:43Yes.
52:44Yes.
52:44Councilor Pemberton?
52:47Yes.
52:48Yes.
52:48Councilor Pereira?
52:49No.
52:49No.
52:50Councilor Roy?
52:51No.
52:52No.
52:53Item fails 4 to 6.
52:54Motion to pass to a second reading.
52:56Motion to amend— motion— section 3 for its estate and to expire 9 months from its enactment.
53:089 months from enactment.
53:10Was that a second for the amendment or the Second for the second reading.
53:14Okay, so is there a second for the 9 months expiration?
53:17Second made by Councilor Lopes.
53:19Anyone on the question?
53:20I think we've ironed it out.
53:24I will ask the clerk to call the roll on 9 months.
53:26Councilor Abreu?
53:27No.
53:28Councilor Baptiste?
53:29No.
53:29No.
53:29Councilor Braga?
53:30No.
53:31No.
53:31Councilor Carney?
53:32Yes.
53:33Yes.
53:33Councilor Chilcott?
53:35No.
53:35No.
53:36Councilor Gomes?
53:36Nope.
53:37No.
53:37Councilor Lopes?
53:38Yes.
53:39Yes.
53:39Councilor Oliver?
53:40Yes.
53:41Yes.
53:41Councilor Pemberton?
53:43No.
53:44No.
53:45Councilor Pereira?
53:45No.
53:46No.
53:46Councilor Roy?
53:47No.
53:48No.
53:48Fails 3 to 8.
53:50Item fails 3 to 8.
53:51All right, motion before us has been passed to a second reading, made by Councilor Burgo, second by Councilor Baptiste.
54:00Motion to amend, sort of have language that says to— and to expire 12 months from its enactment.
54:11Is there a second on that?
54:13Second.
54:14Okay, motion, uh, to amend to— for an expiration clause for 12 months made by Councilor Oliver, seconded by Councilor Carney.
54:25Anyone on the question?
54:26I'll ask the clerk to call the— on the question.
54:28Chair recognizes Councilor Oliver.
54:30Thank you.
54:31I think a year is more than enough time for all parties to come to the table.
54:37I mean, we were, we were ready to put an ordinance through in near record time, a month.
54:43So I think a year gives us that opportunity to hold several meetings, to hold extra meetings.
54:51We are not handcuffed by the meetings that we see in the queue of scheduled meetings.
54:57We can have one anytime.
54:58Heck, we had a special counsel meeting the other day.
55:01We can have a meeting whenever we want.
55:04So let's work this through to make sure that we are 100%, all of our i's are dotted, our t's are crossed.
55:13Nobody's trying to push this through.
55:15We'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.
55:25Let'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.
55:35So I think a year is good enough, because just like the proverbial clock that we heard, it works the other way, okay?
55:45For those that don't know, things sit in committee, okay?
55:51Things will go to committee to die.
55:52We hear it all the time, okay?
55:56So enacting this ordinance, we don't have to do anything else.
56:03We don't have to come up with legislation.
56:05We don't have to talk about what the— what this technology looks like in the city of New Bedford, because it's right here.
56:13It doesn't happen if we don't put an expiration date on it for us to act.
56:19So 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.
56:30We have enough time to get this through.
56:33So 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.
56:43Thank you.
56:45Councilor Burgos.
56:49Again, Mr. President, our colleague from Ward 3 mentions we were ready to get— put an ordinance through.
57:02I have a quote here.
57:03I don't know who this we is he's referring to, Mr. President, because he is not a part of that we.
57:07He wanted to delay.
57:09And now obviously he's talking about— again, he's stating my case for me.
57:15He is absolutely right.
57:16I agree with him wholeheartedly.
57:17Things do go to committee to die.
57:20And I am telling him I want to join forces with him.
57:23And contrary to popular belief, my colleague from Clara Street, I've been trying to call him, called him again today.
57:29I guess he returns my other colleague's phone call, refuses to talk to me, refuses to even look at me.
57:37I want to work with everyone in this room.
57:40I want to work with the administration.
57:42However, this administration refuses to work with anyone unless he's forced to.
57:48And 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.
57:58It gives them an expiration date to delay to.
58:01And 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.
58:11And 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.
58:19It does not make sense.
58:21That is all.
58:22Thank you.
58:23Thank you.
58:24Any— please, no applause.
58:26Please, no applause.
58:27Anyone else on their first?
58:32Okay.
58:34On their second?
58:35All right.
58:36I will ask the clerk to call the roll on a 12-month clause.
58:39Councilor Abreu?
58:40No.
58:40Councilor Baptiste?
58:41No.
58:41No.
58:42Councilor Burgos?
58:43No.
58:43No.
58:43Councilor Carney?
58:44Yes.
58:45Yes.
58:45Councilor Chauquet?
58:46No.
58:47No.
58:47Councilor Gomes.
58:48No.
58:48No.
58:49Councilor Lopes.
58:50Yes.
58:50Yes.
58:50Councilor Oliver.
58:51Yes.
58:52Yes.
58:52Councilor Pemberton.
58:54No.
58:54Councilor Pereira.
58:55No.
58:55No.
58:56Councilor Roy.
58:57No.
58:57No.
58:58Fails 3 to 8, Mr. President.
58:59Item fails 3 to 8.
59:00Before us is passing the item to a second reading.
59:03It's been made in second.
59:05I'll ask the clerk to call the roll.
59:07Councilor Abreu.
59:09Yes.
59:09Councilor Baptiste.
59:10Yes.
59:10Yes.
59:10Councilor Burgos.
59:11Yes.
59:12Yes.
59:12Councilor Carney?
59:13No.
59:14No.
59:14Councilor Chauquet?
59:15Yes.
59:16Yes.
59:16Councilor Gomes?
59:17No.
59:17No.
59:18Councilor Lopes?
59:18Yes.
59:19Yes.
59:20Councilor Oliver?
59:21No.
59:22Councilor Pemberton?
59:22Yes.
59:23Yes.
59:24Councilor Pereira?
59:24Yes.
59:25Yes.
59:25Councilor Roy?
59:27Yes.
59:27Yes.
59:27Passes 8 to 3.
59:29Item passes 8 to 3.
59:32Related motion, Councilor.
59:34Motion 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.
59:48Second.
59:49Motion to refer the comments made by the document from Chief Thody to the Committee on Ordinances made by Councilor Burgum.
59:55Fully draft an ordinance to put in legislative safeguards for ALPR and mass tracking— excuse me, mass location tracking technology.
1:00:06Okay.
1:00:06Made by Councilor Burgo.
1:00:08Seconded by Councilor Roy.
1:00:10Anyone on the question?
1:00:11Chair recognizes Councilor Burgo.
1:00:14Here 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.
1:00:38Because 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.
1:00:47We have to use that word alleged because there's still the pending investigations.
1:00:502 officers that we potentially will lose on top of the officers who are resigning and fleeing our city.
1:00:56That's a whole other conversation, Mr. President, but I'll stick to this.
1:01:00We 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.
1:01:11And 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.
1:01:21And I will assure them, as chairman of ordinance, that we will have this on every single ordinance committee agenda.
1:01:27I will have this on that agenda.
1:01:28I commit that to you.
1:01:30Use this as a recording and hold me accountable.
1:01:32I promise you this will get done if you want it to get done.
1:01:37But play games with me, make a motion to table, make a motion adjourned.
1:01:41It's up to you how quickly you want this to actually get done.
1:01:44But I promise you, Mayor Mitchell does not want any ordinance on the book.
1:01:47He is going to find every way to block us.
1:01:50He 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.
1:01:56But 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.
1:02:06We will get this done as quickly as you want to get it done.
1:02:09It's up to you.
1:02:10Thank you.
1:02:13Anyone else on the, on that, on the question?
1:02:15Councillor Gomes.
1:02:17Thank you, Mr. President.
1:02:18Mr. 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.
1:02:28In the Committee on Public Safety, when we had the chief in, we gave him so much time to come back with his recommendations, correct?
1:02:35That's what we did.
1:02:36We 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.
1:02:44It's got to be part of the ordinance.
1:02:45It can't be recognized as the policies and procedures to be put in place to make this safe for the people.
1:02:52Again, I am sick and tired of repeating myself.
1:02:54And also give the tools that the police department needs in order to keep public safety and keep us safe in this community.
1:03:03Again, I'll use the term, you're handcuffing the police department.
1:03:07You want to move this to a second reading, you can move it to a second reading.
1:03:10You're going to move it without me.
1:03:11And the councilor from Clara Street is exactly right.
1:03:14I don't take phone calls.
1:03:15I don't take phone calls from those who don't work alongside of me.
1:03:20You work behind my back, I don't play.
1:03:24And it's been going on for a while, as I said.
1:03:26Thank you for the opportunity.
1:03:28Thank you, councilor.
1:03:30Anyone else on referring the chief's comments to the Committee on Ordinance to draft legislation surrounding ALPRs and mass location tracking technologies.
1:03:42Okay, all those in favor of referral say aye.
1:03:45Opposed?
1:03:47The ayes have it.
1:03:48I'll ask the clerk to read item number 8, please.
1:03:51Mr. 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.
1:04:01This term will expire in April of 2029.
1:04:038A is the communication.
1:04:04Motion to receive and place on file the communication from the Committee on Appointments and Briefings and grant the appointment.
1:04:10Motion to grant the appointment made by Councilor Lopes, seconded by Councilor Carney.
1:04:16All those in favor say aye.
1:04:17Aye.
1:04:18Opposed?
1:04:18The ayes have it.
1:04:20Appointment's granted.
1:04:21I will ask the clerk to read item number 9.
1:04:22Mr. 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.
1:04:329A is his application to receive and place on file the communication committee on appointments and briefings and grant the appointment.
1:04:37Second, 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.
1:04:48All those in favor say aye.
1:04:49Opposed, the ayes have it.
1:04:51We'll ask the clerk to read item number 10, please.
1:04:54Mr. President, item 10 is a report from the special committee on special permits and licensing recommend to the City Council approval of a communication.
1:05:01City Clerk, Clerk of the City Council, to the council submitting a petition.
1:05:05Mark 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.
1:05:2210A is the communication.
1:05:25Motion to grant the waiver made by Councilor Abreu, seconded by Councilor Lopes.
1:05:29Anyone on the question?
1:05:30I'll ask the clerk to call the roll.
1:05:34Councilor Abreu?
1:05:35Yes.
1:05:35Councilor Baptiste?
1:05:36Yes.
1:05:37Yes.
1:05:37Councilor Burgos?
1:05:38Yes.
1:05:38Yes.
1:05:39Councilor Carney?
1:05:40Yes.
1:05:40Yes.
1:05:41Councilor Choquette?
1:05:42Yes.
1:05:42Yes.
1:05:43Councilor Gomes?
1:05:46Councilor Gomes?
1:05:47Yes.
1:05:47Yes.
1:05:48Councilor Lopes?
1:05:48Yes.
1:05:49Yes.
1:05:49Councilor Oliver?
1:05:50Yes.
1:05:51Yes.
1:05:51Councilor Pemberton?
1:05:52Yes.
1:05:53Yes.
1:05:53Councilor Pereira?
1:05:54Yes.
1:05:54Yes.
1:05:55Councilor Roy?
1:05:56Yes.
1:05:56Yes.
1:05:57Item passes 11 to 0.
1:05:58Without objections, can we take items 11 through 14A, waive the readings, and take no further action as made by each committee?
1:06:07Motion to take no further action, waive the readings of items 11 through 14A, made by Councilor Loeb, seconded by Councilor Burgo.
1:06:13All those in favor say aye.
1:06:14Opposed?
1:06:15The ayes have it.
1:06:16I will ask the clerk to read item number 15, please.
1:06:19Mr. 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.
1:06:4715A is the order.
1:06:49Motion to grant the order made by Councilor Burgos, seconded by Councilor Baptiste.
1:06:53Anyone on the question?
1:06:54All those in favor say aye.
1:06:56Opposed?
1:06:56The ayes have it.
1:06:57I will ask the clerk, without objection, can we take items 16 through 18 together?
1:07:03Without objection, the clerk will read 16 through 18, please.
1:07:05Mr. 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.
1:07:16One 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.
1:07:30Item 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.
1:07:45And 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.
1:08:00Motion received and placed on file, 16 through 18, and refer to the Committee on Memorials and Dedications.
1:08:06Made by Councilor Burgos, seconded by Councilor Baptiste.
1:08:08Anyone on the question?
1:08:09All those in favor say aye.
1:08:11Opposed, the ayes have it.
1:08:12I'll ask the clerk to read number 19, please.
1:08:14Mr. 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.
1:08:24This 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.
1:08:34A copy of this warrant will be posted at each polling location.
1:08:37Receive and place on file.
1:08:38Motion to receive and place on file made by Councilor Gomes, seconded by Councilor Burgo.
1:08:42Anyone on the question?
1:08:44All those in favor say aye.
1:08:46Opposed?
1:08:46The ayes have it.
1:08:48Motion to take up and adopt consent made by Councilor Avro, second by Councilor Roy.
1:08:53Anyone on the question?
1:08:54All those in favor say aye.
1:08:56Opposed, the ayes have it.
1:08:57Since I like to do it, motion to adjourn.
1:09:00Motion to adjourn made by Councilor Oliver, seconded by Councilor Lobergo.
1:09:04All those in favor say aye.
1:09:06Opposed, the ayes have it.
1:09:07We'll return at 8:17 PM.