1.     COMMUNICATION, Jane Medeiros Friedman, First Assistant City Solicitor to City Council, pursuant to an Order of the City Council dated March 28, 2019, enclosed is AN ORDER for the DISCONTINUANCE of a portion of John F. Kennedy Memorial Highway, variable width, at the northeast corner of its present terminus.

1a.     AN ORDER, (DISCONTINUANCE of a portion of John F. Kennedy Memorial Highway, variable width, at the northeast corner of its present terminus.)

M1.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, to execute on behalf of the City a Preservation Restriction for Rural Cemetery; the restriction is given as part of a $50,000.00 grant to be awarded by the Massachusetts Preservation Projects Fund and matched by Community Preservation Act funds for a total of $100,000.00.

M1a.    AN ORDER,

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the FINAL Fiscal Year 2019 Department of Planning, Housing and Community Development Action Plan for a period July 1, 2019 through June 30, 2020; also submitting a RESOLUTION, authorizing the Mayor to Apply for Federal Financial Assistance from the United States of America.

M2a.    ACTION PLAN 2019,

M2b.    RESOLUTION,

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting a ONE-YEAR Waiver of Residency for JONATHAN VILLA, variable time paramedic for the Department of Emergency Medical Services, who currently resides in Somerset, Massachusetts.

M4.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for TRANSFER of $447,660.00 from POLICE, SALARIES & WAGES, to POLICE, OTHER FINANCING USES.

M4a.    AN ORDER,

M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for TRANSFER of $4,000.00 from TOURISM, SALARIES & WAGES, to TOURISM, CHARGES & SERVICES.

M5a.    AN ORDER,

M6.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for TRANSFER of $410.00 from LICENSING, SALARIES & WAGES, to LICENSING, CHARGES & SERVICES.

M6a.    AN ORDER,

M7.      COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of DANIEL HIGGINS, New Bedford, MA, to the WATER BOARD, replacing the late Carl Natho; this term will expire April 2021.

M8.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN APPLICATION for the REAPPOINTMENT of SHAWN MACFARLAND, New Bedford, MA as a SPECIAL POLICE OFFICER.

M8a.    APPLICATION,

CR1.      COMMUNICATION, Mayor Mitchell, to City Council, submitting DRAFT language for special legislation that would effectuate the agreement between the City, the Alma del Mar Charter School, and the Department of Elementary & Secondary Education to establish a 450-student neighborhood-based charter school at the site of the former Kempton Elementary School. (CHARTER RULED by Councillor Dunn.)

CR1a.    REVISED DRAFT Possible Legislative Language – between the City of New Bedford and the Alma del Mar Charter School, dated April 3, 2019.

1.     REPORT, Committee on Ordinances, recommending to the City Council to REJECT the Proposal of the rezoning of 157 – 161 Coggeshall Street, Plot 93, Lot 169, New Bedford, MA, from Mixed-Use Business to Industrial “B”.

2.     REPORT, Committee on Ordinances, recommending to the City Council ADOPTION of the ORDINANCE, AS AMENDED, amending Chapter 15, Licenses and Permits; Business Regulations, that will allow the City to permit commercial aquaculture in its waters.

2a.     AN ORDINANCE, (To be Passed to a Second Reading, as amended.)

4.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the ORDER for the TRANSFER of $160,000.00 from DOWNTOWN ENTERPRISE FUND, FREE CASH, to DOWNTOWN ENTERPRISE FUND, CHARGES & SERVICES in the amount of $60,000.00 and DOWNTOWN ENTERPRISE FUND, CAPITAL OUTLAY in the amount of $100,000.00.

4a.     AN ORDER, (Referred to the Committee on Finance - February 14, 2019.)

5.     REPORT, Committee on Finance, recommending to the City Council ADOPTION of the LOAN ORDER, AS AMENDED, in the amount of $3,975,000.00 for the purpose of making critically-needed repairs to City-owned buildings including, but not limited to, projects for the repair and renovations of public safety facilities, recreational facilities, general office space, roads and infrastructure.

5a.     LOAN ORDER, (Referred to the Committee on Finance - December 13, 2018.)

6.     REPORT, Committee on Ordinances, recommending to the City Council to take “NO FURTHER ACTION” on a WRITTEN MOTION, Councillor Abreu, requesting, that the City Council engage in dialogue with our Health Department and the Department of Inspectional Services about implementing mandatory CPR and Heimlich training and certifications for all New Bedford restaurants, bars, food-related cafes and establishments which seat less than 25 patrons, currently, Massachusetts General Law (l05:CMR-Mass Dept. of Health 590.003(A)(2) Mgmt. and Personnel) has only established a mandatory statewide law for all restaurants which seat 25 or more patrons that they must have on its premises while food is being served a person trained and certified in CPR; and further, a collaborative approach on the local level on this issue could help potentially save lives.

6a.     WRITTEN MOTION, Councillor Abreu, requesting, that the City Council engage in dialogue with our Health Department and the Department of Inspectional Services about implementing mandatory CPR and Heimlich training and certifications for all New Bedford restaurants, bars, food-related cafes and establishments which seat less than 25 patrons, currently, Massachusetts General Law (105:CMR - Mass Dept. of Health 590.003(A)(2) Mgmt. and Personnel) has only established a mandatory statewide law for all restaurants which seat 25 or more patrons that they must have on its premises while food is being served a person trained and certified in CPR; and further, a collaborative approach on the local level on this issue could help potentially save lives. (Referred to the Committee on Ordinances – September 28, 2017.)

7.     REPORT, Committee on Ordinances, recommending to the City Council to take “NO FURTHER ACTION” on a WRITTEN MOTION, Councillors Coelho, Lopes and Giesta, requesting, that the Committee on Ordinances look into the possibility of creating an Ordinance, addressing jaywalking in the City of New Bedford, jaywalking as defined by crossing the street in an illegal or unsafe manner, whereupon Police can enforce jaywalking laws by issuing citations, the penalty of violating jaywalking laws typically would include a fine similar to a parking ticket, in many jurisdictions, fines increase with repeat jaywalking offenses.

7a.     WRITTEN MOTION, Councillors Coelho, Lopes and Giesta, requesting, that the Committee on Ordinances look into the possibility of creating an Ordinance addressing jaywalking in the City of New Bedford, jaywalking as defined by crossing the street in an illegal or unsafe manner, whereupon Police can enforce jaywalking laws by issuing citations, the penalty for violating jaywalking laws typically would include a fine similar to a parking ticket, in many jurisdictions, fines increase with repeat jaywalking offenses. (Referred to the Committee on Ordinances – September 13, 2018.)

8.     REPORT, Committee on Ordinances, recommending to the City Council to take “NO FURTHER ACTION” on a WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Ordinances meet with the Inspectional Services Commissioner to discuss implementing an Ordinance that would give City residents and Property Owners, with enough footage, an opportunity to put solar panels in their backyards instead of the traditional roof solar panels; and further that the City Solicitor along with the City Council’s Legislative Counsel begin drafting an Ordinance that would allow residents with enough space, to utilize their backyards to locate a solar farm.

8a.     WRITTEN MOTION, Councillor Gomes, requesting that the Committee on Ordinances meet with the Inspectional Services Commissioner to discuss implementing an Ordinance that would give City residents and Property Owners, with enough footage, an opportunity to put solar panels in their backyards instead of the traditional roof solar panels; and further that the City Solicitor along with the City Council’s Legislative Counsel begin drafting an Ordinance that would allow residents with enough space, to utilize their backyards to locate a solar farm. (Referred to the Committee on Ordinances – September 13, 2018.)

9.     REPORT, Committee on City Property, recommending to the City Council to take “NO FURTHER ACTION” on the WRITTEN MOTION, Councillor Giesta, requesting, that the City Council direct the Committee on City Property, prior to taking any votes on any proposals regarding the Phillips Avenue School, hold a public hearing in order to acquire information, thoughts and opinions from the various citizens in and around the neighborhood or from anyone else who may be interested in the fate of the former Phillips Avenue School property.

9a.     WRITTEN MOTION, Councillor Giesta, requesting, that the City Council direct the Committee on City Property, prior to taking any votes on any proposals regarding the Phillips Avenue School, hold a public hearing in order to acquire information, thoughts and opinions from the various citizens in and around the neighborhood or from anyone else who may be interested in the fate of the former Phillips Avenue School property. (Referred to the Committee on City Property – October 11, 2018.)

10.     REPORT, Committee on Finance, recommending to the City Council to take "NO FURTHER ACTION: on the WRITTEN MOTION, Councillor Lopes, requesting that the Committee on Finance meet with the City Treasurer and the Commissioner of the Department of Public Infrastructure to discuss a temporary establishment of an amnesty program for the collection of quarterly Real Estate Tax, Water and Sewer bills for those City residents effected by the Government furlough, said amnesty program would allow for the City residents effected by the furlough to establish a payment plan with the City of New Bedford void of any penalties and interest on the unpaid portion of City billings during the United States Government furlough and for a period of 60 days after the conclusion of the furlough.

10a.     WRITTEN MOTION, Councillor Lopes, requesting that the Committee on Finance meet with the City Treasurer and the Commissioner of the Department of Public Infrastructure to discuss a temporary establishment of an amnesty program for the collection of quarterly Real Estate Tax, Water and Sewer bills for those City residents effected by the Government furlough, said amnesty program would allow for the City residents effected by the furlough to establish a payment plan with the City of New Bedford void of any penalties and interest on the unpaid portion of City billings during the United States Government furlough and for a period of 60 days after the conclusion of the furlough. (Referred to the Committee on Finance - January 24, 2019.)

11.     REPORT, Committee on Finance, recommending to the City Council to take “NO FURTHER ACTION” on the COMMUNICATION, Councillor Lopes and Council President Morad, submitting the 2018 New Bedford Economic Development Council Tax Increment Financing Program Annual Report. 

11a.     COMMUNICATION, Councillor Lopes and Council President Morad, submitting the 2018 New Bedford Economic Development Council Tax Increment Financing Program Annual Report. (Referred to the Committee on Finance – February 14, 2019.)

15.     AN ORDINANCE, amending Chapter 12, HEALTH & SANITATION - Section 12-39.5 Unattended Clothing Donation Containers . (Passed to a Second Reading, as amended March 28, 2019.)

16.     AN ORDINANCE, amending Chapter 17, Section 17-18 Noncriminal disposition of violations of certain Ordinances, rules and regulations - by adding Section 12-39.5 Unattended clothing donation containers. (Passed to a Second Reading - March 28, 2019.)

17.     AN ORDINANCE, amending Chapter 17, Section 17-28 Chapter 40U of the Massachusetts General Laws - by adding Section 12-39.5 Unattended clothing donation containers. (Passed to a Second Reading - March 28, 2019.)

18.     WRITTEN MOTION, Councillor Lopes, requesting that the Administration establish a Public Arts Fund which will be derived from a yearly transfer,  10% from the Arts and Culture Fund  and 1 % on building Loan Orders in excess of ten (10) million dollars. (To be Referred to the Administration and CFO Sky.)

24.     WRITTEN MOTION, Councillor Gomes, requesting, that the Department of Public Infrastructure do an immediate inventory of all of the City’s street lights and their ground bases, due to the number of deteriorating ground bases throughout the City; and further, that immediate action be taken to replace those streetlights and ground bases, this request is made on behalf of public safety and liability to the City if one of these light poles should come down due to their deteriorating conditions. (To be Referred to the Committee on Public Safety and Neighborhoods.)

31.     COMMUNICATION, Council President Morad, submitting AN ACT, Relative to the Operation of Charter Schools in the City of New Bedford, said matter was Charter Ruled at the April 11^th City Council Meeting. (To be Referred to Representative Markey to submit on behalf of the City of New Bedford; Copy all Councillors via email on April 22, 2019.)

01/10/2019 WRITTEN MOTION, Councillor Gomes, requesting that the City Council forward a letter of request to the Commonwealth of Massachusetts’ Cannabis Commission as to whether the City is following State Law regarding marijuana establishments in the City; and further, enclosed in the letter, please include a copy of the 11-page “Screening Form/Application for a Marijuana Establishment Host Community Agreement”, and a copy of the City’s zoning map that has been put forth by the Mayor’s Review Committee, comprised of the City Solicitor, the City Planner, the Chief of Police, the Chief Financial Officer, the Director of Inspectional Services, the Director of Planning, Housing and Community Development and the City’s Health Director; asking that the Cannabis Control Commission review the application and the zoning map and report back to the City Council as to whether this Application process and zoning map applies to the laws of the Commonwealth of Massachusetts’ Cannabis Control Commission; and further, that Steven Hoffman, Chairman of the Massachusetts Cannabis Control Commission or a representative, meet with the Special Committee on Licensing and Zoning for Cannabis to discuss whether the City has followed Massachusetts Laws and policies regarding marijuana establishments in the City of  New Bedford.

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