← Brockton City Council

Brockton City Council · 2018–2019 Council · Regular meeting

July 23, 2018

24 recorded votes, 17 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 Elizange Gomes Pimentel of 121 Gladstone St., Brockton, MA for a Transfer of Motor Vehicle Repair Mechanical and Motor Vehicle Repair Body License located at 1000 Montello St.,...

Minutes, page 1

ApprovePassed · Voice vote, names not recorded

Granted (hand vote): Petition of Elizange Gomes Pimentel of 121 Gladstone St., Brockton, MA for a Transfer of Motor Vehicle Repair Mechanical and Motor Vehicle Repair Body License located at 1000 Montello St., Brockton, MA. The petitioner appeared in favor.

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

From the minutes

“Petition of Elizange Gomes Pimentel of 121 Gladstone St., Brockton, MA for a Transfer of Motor Vehicle Repair Mechanical and Motor Vehicle Repair Body License located at 1000 Montello St., Brockton, MA. The petitioner appeared in favor. ... Granted by a hand vote with the following stipulations set by Councillor Nicastro:.”

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

Unfinished Business - item 189

Pass to a third reading: An Ordinance Amending Section 27-29 of the Revised Ordinances of the City of Brockton. Section 27-29 - Section (1) - "Principal Permitted Uses" is hereby amended by adding...

Minutes, page 3

ApprovePassed · Voice vote, names not recorded

Passed to a third reading (hand vote): An Ordinance Amending Section 27-29 of the Revised Ordinances of the City of Brockton. Section 27-29 - Section (1) - "Principal Permitted Uses" is hereby amended by adding the following to subsection (g) after the words "retail store or shop" - "including wine and malt beverage store."

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

From the minutes

“An Ordinance Amending Section 27-29 of the Revised Ordinances of the City of Brockton. Section 27-29 - Section (1) - "Principal Permitted Uses" is hereby amended by adding the following to subsection (g) after the words "retail store or shop" - "including wine and malt beverage store." (FAVORABLE) ... Passed to a third reading, by a hand vote..”

Read it in the official minutes, page 3 (PDF)

Unfinished Business - item 254

Adopt the amendment recommended by the committee to: Ordinance: An Ordinance Amending Revised Ordinances of the City of Brockton, Chapter 19, Article 1 Section 19-1, to substitute section 19-1 in...

Minutes, page 3

ApprovePassed · Voice vote, names not recorded

To adopt the amendment recommended by the committee to: Ordinance: An Ordinance Amending Revised Ordinances of the City of Brockton, Chapter 19, Article 1 Section 19-1, to substitute section 19-1 in its Entirety. The amendments passed 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

“The amendments passed by a hand vote..”

Read it in the official minutes, page 3 (PDF)

Pass to a third reading as amended: An Ordinance Amending Revised Ordinances of the City of Brockton, Chapter 19, Article 1 Section 19-1, to substitute section 19-1 in its Entirety. The amendments...

Minutes, page 3

ApprovePassed · 8–2

Passed to a third reading, as amended (roll call): Ordinance: An Ordinance Amending Revised Ordinances of the City of Brockton, Chapter 19, Article 1 Section 19-1, to substitute section 19-1 in its Entirety. The amendments passed by a hand vote.

Yes: Asack, Cruise, Derenoncourt, Eaniri, Lally, Monahan, Rodrigues, SullivanNo: Beauregard, FarwellSusan Nicastro was not present for this vote.

From the minutes

“Ordinance: An Ordinance Amending Revised Ordinances of the City of Brockton, Chapter 19, Article 1 Section 19-1, to substitute section 19-1 in its Entirety. (FAVORABLE AS AMENDED) The amendments passed by a hand vote. ... Passed to a third reading, as amended, by a roll call vote taken by "yeas" and "nays"; ten members present with eight voting in the affirmative. Councillors Beauregard and Farwell voting in the negative. Councillor Nicastro absent..”

Read it in the official minutes, page 3 (PDF)

Unfinished Business - item 279

Pass to a third reading as amended: An Ordinance To Increase Access To Voter Registration In The City Of Brockton

Minutes, page 3

ApprovePassed · 10–0

Passed to a third reading, as amended (roll call): An Ordinance To Increase Access To Voter Registration In The City Of Brockton

The minutes give the count (10-0), but it does not match the councilors listed present (11), so individual votes are not shown.

From the minutes

“An Ordinance To Increase Access To Voter Registration In The City Of Brockton (FAVORABLE AS AMENDED) ... Passed to a third reading, as amended, by a roll call vote taken by "yeas" and "nays"; ten members present and all voting in the affirmative..”

Read it in the official minutes, page 3 (PDF)

Unfinished Business - item 280

Pass to a third reading: An Ordinance Amending Chapter II of the Revised Ordinances of the City of Brockton. Be it ordained as follows: Chapter 2. Administration, is hereby amended by adjusting...

Minutes, page 3

ApprovePassed · Voice vote, names not recorded

Passed to a third reading (hand vote): An Ordinance Amending Chapter II of the Revised Ordinances of the City of Brockton. Be it ordained as follows: Chapter 2. Administration, is hereby amended by adjusting Sec. 2-135 to reflect the amounts negotiated by the administration in collective bargaining agreements. (

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

From the minutes

“An Ordinance Amending Chapter II of the Revised Ordinances of the City of Brockton. Be it ordained as follows: Chapter 2. Administration, is hereby amended by adjusting Sec. 2-135 to reflect the amounts negotiated by the administration in collective bargaining agreements. ((FAVORABLE) ... Passed to a third reading by hand vote..”

Read it in the official minutes, page 3 (PDF)

Unfinished Business - item 208

Pass to a third reading: Ordinance Amending Part II of the Revised Ordinances of the City of Brockton Be it ordained by the City Council of the City of Brockton as follows: Article IV, Financial...

Minutes, page 4

ApprovePassed · Voice vote, names not recorded

Passed to a third reading (hand vote): Ordinance Amending Part II of the Revised Ordinances of the City of Brockton Be it ordained by the City Council of the City of Brockton as follows: Article IV, Financial Affairs, of Division 4, Chief Financial Officer, of the Revised Ordinances of the City of Brockton is hereby amended.

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

From the minutes

“Ordinance Amending Part II of the Revised Ordinances of the City of Brockton Be it ordained by the City Council of the City of Brockton as follows: Article IV, Financial Affairs, of Division 4, Chief Financial Officer, of the Revised Ordinances of the City of Brockton is hereby amended.(FAVORABLE) ... Passed to a third reading by hand vote..”

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

Unfinished Business - item 338

Adopt the amendment recommended by the committee to: An Ordinance Amending Article V. Departments, Division 7. Department of Personnel. Be it ordained by the City Council of the City of Brockton...

Minutes, page 4

ApprovePassed · Voice vote, names not recorded

To adopt the amendment recommended by the committee to: An Ordinance Amending Article V. Departments, Division 7. Department of Personnel. Be it ordained by the City Council of the City of Brockton as follows: The title of the Ordinance, Department of Personnel, shall be replaced with Department of Human Resources. The 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

“The amendment carried by a hand vote..”

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

Pass to a third reading as amended: An Ordinance Amending Article V. Departments, Division 7. Department of Personnel. Be it ordained by the City Council of the City of Brockton as follows: The...

Minutes, page 4

ApprovePassed · Voice vote, names not recorded

Passed to a third reading, as amended (hand vote): An Ordinance Amending Article V. Departments, Division 7. Department of Personnel. Be it ordained by the City Council of the City of Brockton as follows: The title of the Ordinance, Department of Personnel, shall be replaced with Department of Human Resources. The amendment carried by a hand vote.

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

From the minutes

“An Ordinance Amending Article V. Departments, Division 7. Department of Personnel. Be it ordained by the City Council of the City of Brockton as follows: The title of the Ordinance, Department of Personnel, shall be replaced with Department of Human Resources. (FAVORABLE AS AMENDED) The amendment carried by a hand vote. ... Passed to a third reading, as amended, by a hand vote..”

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

Unfinished Business - item 240

Adopt: The common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Amark Road, extending from North Cary Street, Southerly and...

Minutes, page 4

Adopt orderPassed · Unanimous, 10 present

Adopted (roll call): Ordered: That the common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Amark Road, extending from North Cary Street, Southerly and easterly, to Upton Street/Dagmar Drive, a distance of about 1,196 feet, and for that purpose it is necessary to take an easement for Highway Purposes and lay out as a public street or way.

Susan Nicastro was not present for this vote.

From the minutes

“Ordered: That the common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Amark Road, extending from North Cary Street, Southerly and easterly, to Upton Street/Dagmar Drive, a distance of about 1,196 feet, and for that purpose it is necessary to take an easement for Highway Purposes and lay out as a public street or way. (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays"; ten members present and all voting in the affirmative. Councillor Nicastro absent..”

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

Unfinished Business - item 241

Adopt: The common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Cynthia Drive, extending from North Cary Street, easterly, to Amark...

Minutes, page 4

Adopt orderPassed · Unanimous, 11 present

Adopted (roll call): Ordered: That the common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Cynthia Drive, extending from North Cary Street, easterly, to Amark Road, a distance of about 570 feet, and for that purpose it is necessary to take an easement for Highway Purposes and lay out as a public street or way.

From the minutes

“Ordered: That the common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Cynthia Drive, extending from North Cary Street, easterly, to Amark Road, a distance of about 570 feet, and for that purpose it is necessary to take an easement for Highway Purposes and lay out as a public street or way. (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 4 (PDF)

Unfinished Business - item 242

Adopt: The common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Downey Road, extending from Dixon Road to Dixon Road, a distance of...

Minutes, page 4

Adopt orderPassed · Unanimous, 11 present

Adopted (roll call): Ordered: That the common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Downey Road, extending from Dixon Road to Dixon Road, a distance of about 1,477.13 feet, and for that purpose it is necessary to take an easement for Highway Purposes and lay out as a public street or way.

From the minutes

“Ordered: That the common necessity and convenience of the inhabitants of the City of Brockton require the laying out and acceptance of Downey Road, extending from Dixon Road to Dixon Road, a distance of about 1,477.13 feet, and for that purpose it is necessary to take an easement for Highway Purposes and lay out as a public street or way. (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 4 (PDF)

Unfinished Business - item 360

Adopt: The Mayor is hereby authorized to approve the newly amended by- laws for the Brockton Council on Aging Board of Directors, the Board of Directors has voted unanimously to accept these...

Minutes, page 4

Adopt orderPassed · Unanimous, 11 present

Adopted (roll call): Ordered: That the Mayor is hereby authorized to approve the newly amended by- laws for the Brockton Council on Aging Board of Directors, the Board of Directors has voted unanimously to accept these by-laws as written.

From the minutes

“Ordered: That the Mayor is hereby authorized to approve the newly amended by- laws for the Brockton Council on Aging Board of Directors, the Board of Directors has voted unanimously to accept these by-laws as written. (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 4 (PDF)

Unfinished Business - item 361

Adopt: At the State Election on November 6, 2018, a special city election also be held with the following, binding question placed before the voters: "Shall the City adopt the following ordinance:...

Minutes, page 5

Adopt orderFailed · 5–6

Failed adoption (roll call): Ordered: At the State Election on November 6, 2018, a special city election also be held with the following, binding question placed before the voters: "Shall the City adopt the following ordinance: The City of Brockton shall prohibit the operation of all marijuana establishments as defined in G.L. c94G, §1, including marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other type of licensed marijuana‐related business, with the exception of the existing approved medical marijuana businesses, within the City of Brockton?"

Yes: Beauregard, Derenoncourt, Farwell, Nicastro, SullivanNo: Asack, Cruise, Eaniri, Lally, Monahan, Rodrigues

From the minutes

“Ordered: At the State Election on November 6, 2018, a special city election also be held with the following, binding question placed before the voters: "Shall the City adopt the following ordinance: The City of Brockton shall prohibit the operation of all marijuana establishments as defined in G.L. c94G, §1, including marijuana cultivators, marijuana testing facilities, marijuana product manufactu ... Failed adoption by a roll call vote taken by "yeas" and "nays"; eleven members present with five voting in the affirmative. Councillors Asack, Cruise, Eaniri, Lally, Monahan and Rodrigues voting in the negative..”

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

Unfinished Business - item 369

Send to Finance Committee

Minutes, page 5

ApprovePassed · Voice vote, names not recorded

To send to Finance Committee

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

From the minutes

“Councillor Nicastro withdrew her motion and motioned to send to Finance Committee and was properly seconded. the motion carried by a hand vote..” (Motion: Nicastro)

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

Unfinished Business - item 367

Adopt: To invite the Director of the Brockton Public Library to discuss creating an opportunity for a Poet Laureate to represent the city's art and culture.

Minutes, page 6

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Resolve: to invite the Director of the Brockton Public Library to discuss creating an opportunity for a Poet Laureate to represent the city's art and culture.

From the minutes

“Resolve: to invite the Director of the Brockton Public Library to discuss creating an opportunity for a Poet Laureate to represent the city's art and culture. (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 6 (PDF)

Unfinished Business - item 368

Adopt: To invite the new Director of NeighborWorks Southern Mass, Ms. Cindy Pendergast and inform the City Council of new programs for home buyers and home owners available to the residents and...

Minutes, page 6

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Resolve: to invite the new Director of NeighborWorks Southern Mass, Ms. Cindy Pendergast and inform the City Council of new programs for home buyers and home owners available to the residents and prospective residents of Brockton.

From the minutes

“Resolve: to invite the new Director of NeighborWorks Southern Mass, Ms. Cindy Pendergast and inform the City Council of new programs for home buyers and home owners available to the residents and prospective residents of Brockton. (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 6 (PDF)

Orders - item 384

Move under suspension of the rules

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

To move under suspension of the 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 the rules and was properly seconded. The motion carried by a hand vote..” (Motion: Sullivan)

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

Adopt: Appropriation of: $14,300 From: Unappropriated Estimated Receipts for FY19 of the Parks and Recreation Enterprise Fund-$14,300 To: Park Commission-Pool Maintenance-$14,300 And an...

Minutes, page 6

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Appropriation of: $14,300 From: Unappropriated Estimated Receipts for FY19 of the Parks and Recreation Enterprise Fund-$14,300 To: Park Commission-Pool Maintenance-$14,300 And an appropriation of $14,300 From: Unappropriated Estimated Receipts for FY19 General Fund To: General Fund Revenue Subsidy of the Park and Recreation Commission Enterprise Fund

From the minutes

“Appropriation of: $14,300 From: Unappropriated Estimated Receipts for FY19 of the Parks and Recreation Enterprise Fund-$14,300 To: Park Commission-Pool Maintenance-$14,300 And an appropriation of $14,300 From: Unappropriated Estimated Receipts for FY19 General Fund To: General Fund Revenue Subsidy of the Park and Recreation Commission Enterprise 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 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 386

Move under suspension of the rules

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

To move under suspension of the rules

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

From the minutes

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

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

Adopt: Appropriation: of $78,000 From: Unappropriated Estimated Receipts for FY19 of the General Fund- $78,000 To: Cemetery Capital

Minutes, page 7

ApprovePassed · Unanimous, 11 present

Adopted (roll call): Appropriation: of $78,000 From: Unappropriated Estimated Receipts for FY19 of the General Fund- $78,000 To: Cemetery Capital

From the minutes

“Appropriation: of $78,000 From: Unappropriated Estimated Receipts for FY19 of the General Fund- $78,000 To: Cemetery Capital ... 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)

File for reconsideration with the wish that it not prevail

Minutes, page 7

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 7 (PDF)

Orders - item 387

Accept a late file

Minutes, page 7

ProceduralPassed · Voice vote, names not recorded

To accept a late file

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

From the minutes

“Councillor Cruise motioned to accept a late file and was properly seconded. The motion carried by a hand vote.” (Motion: Cruise)

Read it in the official minutes, page 7 (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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