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Brockton City Council · 2018–2019 Council · Regular meeting

April 9, 2018

20 recorded votes, 9 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Shirley R. Asack, Anne M. Beauregard, Timothy Cruise, Jean Bradley Derenoncourt, Dennis R. Eaniri, Winthrop H. Farwell Jr., John F. Lally, Thomas Monahan, Susan J. Nicastro, Moises Rodrigues, Robert F. Sullivan

Absent: None

Every vote, in order

Hearings

Grant: Petition of Cumberland Farms, Inc. and Nevins Realty Trust for an Underground Storage License located at 1205 Belmont St. and 820 Pearl St., Brockton, MA.

Minutes, page 1

ApprovePassed · Voice vote, names not recorded

Granted (hand vote): Petition of Cumberland Farms, Inc. and Nevins Realty Trust for an Underground Storage License located at 1205 Belmont St. and 820 Pearl St., Brockton, MA.

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Petition of Cumberland Farms, Inc. and Nevins Realty Trust for an Underground Storage License located at 1205 Belmont St. and 820 Pearl St., Brockton, MA. ... Granted by a hand vote..”

Read it in the official minutes, page 1 (PDF)

Unfinished Business - item 81

Ordain (final passage): An Ordinance Amending Article II, Section 25 of the Revised Ordinances of the City of Brockton. Be it ordained by the City Council of the City of Brockton, that Section...

Minutes, page 4

ApprovePassed · Unanimous, 11 present

Ordained (roll call): An Ordinance Amending Article II, Section 25 of the Revised Ordinances of the City of Brockton. Be it ordained by the City Council of the City of Brockton, that Section 2-25 of the City Ordinances be revised as follows: Sec. 2-25. - Regular meetings. Revised..

From the minutes

“An Ordinance Amending Article II, Section 25 of the Revised Ordinances of the City of Brockton. Be it ordained by the City Council of the City of Brockton, that Section 2-25 of the City Ordinances be revised as follows: Sec. 2-25. - Regular meetings. Revised. (FAVORABLE) (IN CITY COUNCIL MARCH 26, 2018, PASSED TO A THIRD READING, BY A HAND VOTE). ... Ordained by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 4 (PDF)

File for reconsideration with the wish that it not prevail

Minutes, page 4

ProceduralFailed · Voice vote, names not recorded

To file for reconsideration with the wish that it not prevail

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Councillor Sullivan motioned to file for reconsideration with the wish that it not prevail and was properly seconded. Reconsideration failed by a hand vote..” (Motion: Sullivan)

Read it in the official minutes, page 4 (PDF)

Unfinished Business - item 93

Ordain (final passage): An Ordinance Amending Chapter 17, Article IV, Division 2, Historical District Commission and Division 3, Certificates of Appropriateness Nonapplicability, or Hardship..

Minutes, page 5

ApprovePassed · Unanimous, 11 present

Ordained (roll call): An Ordinance Amending Chapter 17, Article IV, Division 2, Historical District Commission and Division 3, Certificates of Appropriateness Nonapplicability, or Hardship..

From the minutes

“An Ordinance Amending Chapter 17, Article IV, Division 2, Historical District Commission and Division 3, Certificates of Appropriateness Nonapplicability, or Hardship. (FAVORABLE) (IN CITY COUNCIL MARCH 26, 2018, PASSED TO A THIRD READING, BY A HAND VOTE). ... Ordained by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 5 (PDF)

Unfinished Business - item 211

Adopt: Acceptance of M.G.L Chapter 64N, Section 3 Local Option Tax Of Marijuana Products be it ordered by the City Council of the City of Brockton to accept the provisions of Section 3 of Chapter...

Minutes, page 5

Adopt orderPassed · Unanimous, 11 present

Adopted (roll call): Order: Acceptance of M.G.L Chapter 64N, Section 3 Local Option Tax Of Marijuana Products be it ordered by the City Council of the City of Brockton to accept the provisions of Section 3 of Chapter 64N of the General Laws, empowering the City of Brockton to implement a three (3%) tax upon the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the City of Brockton.

From the minutes

“Order: Acceptance of M.G.L Chapter 64N, Section 3 Local Option Tax Of Marijuana Products be it ordered by the City Council of the City of Brockton to accept the provisions of Section 3 of Chapter 64N of the General Laws, empowering the City of Brockton to implement a three (3%) tax upon the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the City of Bro ... Adopted by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 5 (PDF)

Unfinished Business - item 214

Adopt: Appropriation of the total donation in the amount of $2.090.00 From: Campello Business Association To: City of Brockton-Police Department-SRT Unit.

Minutes, page 5

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Appropriation of the total donation in the amount of $2.090.00 From: Campello Business Association To: City of Brockton-Police Department-SRT Unit.

From the minutes

“Appropriation of the total donation in the amount of $2.090.00 From: Campello Business Association To: City of Brockton-Police Department-SRT Unit. (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 5 (PDF)

Unfinished Business - item 215

Adopt: The common necessary and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of an Easement Deed from Stergio M. Dalkouras for the benefit of the...

Minutes, page 5

Adopt orderPassed · Unanimous, 11 present

Adopted (roll call): Ordered: That the common necessary and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of an Easement Deed from Stergio M. Dalkouras for the benefit of the City of Brockton for high way purposes only.(for the purpose of accessing Lot 1, Lot 2, Lot 3 and Lot 4) (Linwood St.)

From the minutes

“Ordered: That the common necessary and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of an Easement Deed from Stergio M. Dalkouras for the benefit of the City of Brockton for high way purposes only.(for the purpose of accessing Lot 1, Lot 2, Lot 3 and Lot 4) (Linwood St.) (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 5 (PDF)

Unfinished Business - item 216

Adopt the amendment recommended by the committee to: Order: Moratorium to prohibit retail stores from operating, and preventing any business license to issue in the City of Brockton relative to...

Minutes, page 5

Adopt orderPassed · Voice vote, names not recorded

To adopt the amendment recommended by the committee to: Order: Moratorium to prohibit retail stores from operating, and preventing any business license to issue in the City of Brockton relative to the sale of recreational marijuana. Amendment carried by a hand vote.

The minutes do not say who moved this amendment; it appears to be the amendment recommended in the committee report. Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Amendment carried by a hand vote..”

Read it in the official minutes, page 5 (PDF)

Adopt as amended: Moratorium to prohibit retail stores from operating, and preventing any business license to issue in the City of Brockton relative to the sale of recreational marijuana....

Minutes, page 5

Adopt orderPassed · Unanimous, 11 present

Adopted, as amended (roll call): Order: Moratorium to prohibit retail stores from operating, and preventing any business license to issue in the City of Brockton relative to the sale of recreational marijuana. Amendment carried by a hand vote.

From the minutes

“Order: Moratorium to prohibit retail stores from operating, and preventing any business license to issue in the City of Brockton relative to the sale of recreational marijuana. (FAVORABLE AS AMENDED) Amendment carried by a hand vote. ... Adopted, as amended, by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 5 (PDF)

Orders - item 244

Move under suspension of rules

Minutes, page 6

ApprovePassed · Voice vote, names not recorded

To move under suspension of rules

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Councillor Sullivan motioned to move under suspension of rules and was properly seconded. The motion carried by a hand vote..” (Motion: Sullivan)

Read it in the official minutes, page 6 (PDF)

Adopt: The following named sum be and the same is hereby accepted as the same was submitted by the Mayor as follows: Donation in the amount of $300.00 From: Harbor One Bank To: City of...

Minutes, page 6

Adopt orderPassed · Unanimous, 11 present

Adopted (roll call): Ordered: That the following named sum be and the same is hereby accepted as the same was submitted by the Mayor as follows: Donation in the amount of $300.00 From: Harbor One Bank To: City of Brockton-Fire Department.

From the minutes

“Ordered: That the following named sum be and the same is hereby accepted as the same was submitted by the Mayor as follows: Donation in the amount of $300.00 From: Harbor One Bank To: City of Brockton-Fire Department. ... Adopted by a roll call vote taken by "yeas" and "nays";eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 6 (PDF)

Orders - item 245

Move under suspension of rules to act on it tonight

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

To move under suspension of rules to act on it tonight

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Councillor Cruise motioned to move under suspension of rules to act on it tonight and was properly seconded. The motion carried by a hand vote..” (Motion: Cruise)

Read it in the official minutes, page 6 (PDF)

Adopt: Appropriation of the total grant in the amount of $526,000 From: Commonwealth of Massachusetts Doer Green Community Program Grant To: City of Brockton Public Building Lighting Improvement...

Minutes, page 6

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Appropriation of the total grant in the amount of $526,000 From: Commonwealth of Massachusetts Doer Green Community Program Grant To: City of Brockton Public Building Lighting Improvement Upgrade Projects. Further, that the City Council authorize the application of all utility incentives to the project, in the anticipated amount of $188,965.

From the minutes

“Appropriation of the total grant in the amount of $526,000 From: Commonwealth of Massachusetts Doer Green Community Program Grant To: City of Brockton Public Building Lighting Improvement Upgrade Projects. Further, that the City Council authorize the application of all utility incentives to the project, in the anticipated amount of $188,965. ... Adopted by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 6 (PDF)

File for reconsideration with the wish that it not prevail

Minutes, page 6

ProceduralFailed · Voice vote, names not recorded

To file for reconsideration with the wish that it not prevail

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Councillor Cruise motioned to file for reconsideration with the wish that it not prevail and was properly seconded. Reconsideration failed by a hand vote..” (Motion: Cruise)

Read it in the official minutes, page 6 (PDF)

Orders - item 247

Move under suspension of rules to act on it tonight

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

To move under suspension of rules to act on it tonight

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Councillor Cruise motion to move under suspension of rules to act on it tonight and was properly seconded. The motion carried by a hand vote..” (Motion: Cruise)

Read it in the official minutes, page 7 (PDF)

Adopt: Appropriation in the amount of $100,000.00 From: Commonwealth of Massachusetts Department of Conservation and Recreation- Hancock Park Grant To: City of Brockton Parks and...

Minutes, page 7

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Appropriation in the amount of $100,000.00 From: Commonwealth of Massachusetts Department of Conservation and Recreation- Hancock Park Grant To: City of Brockton Parks and Recreation-Hancock Park Grant Fund.

From the minutes

“Appropriation in the amount of $100,000.00 From: Commonwealth of Massachusetts Department of Conservation and Recreation- Hancock Park Grant To: City of Brockton Parks and Recreation-Hancock Park Grant Fund. ... Adopted by a roll call vote taken by "yeas" and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 7 (PDF)

For reconsideration with the wish that it not prevail

Minutes, page 7

ProceduralFailed · Voice vote, names not recorded

For reconsideration with the wish that it not prevail

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Councillor Cruise motioned for reconsideration with the wish that it not prevail and was properly seconded. Reconsideration failed by a hand vote..” (Motion: Cruise)

Read it in the official minutes, page 7 (PDF)

Orders - item 248

Move under suspension of rules

Minutes, page 7

ApprovePassed · Voice vote, names not recorded

To move under suspension of rules

Recorded as a hand vote with no count and no names; individual votes are not shown.

From the minutes

“Councillor Farwell motioned to move under suspension of rules and was properly seconded. The motion carried by a hand vote..” (Motion: Farwell)

Read it in the official minutes, page 7 (PDF)

Adopt: Appropriation in the amount of $6,440 From: Library-Personal Services other then overtime To: Library-Personal Services overtime.

Minutes, page 7

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Appropriation in the amount of $6,440 From: Library-Personal Services other then overtime To: Library-Personal Services overtime.

From the minutes

“Appropriation in the amount of $6,440 From: Library-Personal Services other then overtime To: Library-Personal Services overtime. ... Adopted by a roll call vote taken by "yeas "and "nays"; eleven members present and all voting in the affirmative..”

Read it in the official minutes, page 7 (PDF)

Orders - item 249

Go into Executive Session to discuss the Open Meeting Law matter

Minutes, page 8

ProceduralPassed · Unanimous, 11 present

To go into Executive Session to discuss the Open Meeting Law matter

From the minutes

“Councillor Sullivan motioned to go into Executive Session to discuss the Open Meeting Law matter and was properly seconded by Councillor Cruise. The motion carried by a roll call vote taken by "yeas" and "nays" eleven members present with all voting in the affirmative..” (Motion: Sullivan, second: Cruise)

Read it in the official minutes, page 8 (PDF)

From the official minutes kept by the Brockton City Clerk (agendas and minutes). From the Brockton City Council’s official minutes, posted in the city’s Public Documents library. We check every roll-call count against the councilors named and quote the exact wording. MassVoter never grades or scores officials. MassVoter never grades officials; votes and attendance are shown exactly as the minutes record them. Councilor photos: City of Brockton City Council page (brockton.gov). Former councilors show initials.

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