← Brockton City Council

Brockton City Council · 2020–2021 Council · Regular meeting

August 24, 2020

24 recorded votes, 13 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Shirley R. Asack, Councilor Cardoso, Timothy Cruise, Dennis R. Eaniri, Winthrop H. Farwell Jr., John F. Lally, Rita Mendes, Susan J. Nicastro, Moises Rodrigues, Jeffrey A. Thompson

Absent: Thomas Monahan

Every vote, in order

Hearings

Grant: Petition of Dana Nessen, DBA Avon Auto Brokers Service Center for a Transfer of a Motor Vehicle Repair Mechanical License located at 899 Belmont St., Brockton, MA (current owner Titanium...

Minutes, page 1

ApprovePassed · Voice vote, names not recorded

No one in opposition Hearing held Granted with stipulations (hand vote): Petition of Dana Nessen, DBA Avon Auto Brokers Service Center for a Transfer of a Motor Vehicle Repair Mechanical License located at 899 Belmont St., Brockton, MA (current owner Titanium Group). Dana Nessen, from Avon Auto Brokers and Scott Green from Titanium Group appeared in favor.

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

From the minutes

“Petition of Dana Nessen, DBA Avon Auto Brokers Service Center for a Transfer of a Motor Vehicle Repair Mechanical License located at 899 Belmont St., Brockton, MA (current owner Titanium Group). Dana Nessen, from Avon Auto Brokers and Scott Green from Titanium Group appeared in favor. ... No one in opposition Hearing held Granted with stipulations by a hand vote.”

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

Grant: Petition of Old Colony Hospice and Palliative Care of 321 Manley St., West Bridgewater, MA for a Second-Hand Articles License located at 595 Belmont St., Brockton, MA. Toni Eaton, President...

Minutes, page 1

ApprovePassed · Voice vote, names not recorded

No one in opposition Hearing held Granted (hand vote): Petition of Old Colony Hospice and Palliative Care of 321 Manley St., West Bridgewater, MA for a Second-Hand Articles License located at 595 Belmont St., Brockton, MA. Toni Eaton, President and CEO, and Heidi Garcia, Director of Philanthropy for Old Colony Hospice and Palliative Care appeared in favor.

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

From the minutes

“Petition of Old Colony Hospice and Palliative Care of 321 Manley St., West Bridgewater, MA for a Second-Hand Articles License located at 595 Belmont St., Brockton, MA. Toni Eaton, President and CEO, and Heidi Garcia, Director of Philanthropy for Old Colony Hospice and Palliative Care appeared in favor. ... No one in opposition Hearing held Granted by a hand vote..”

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

Unfinished Business

Grant: Petition of Mass Best Motors, Inc dba Stepvan USA of 286 Ettrick St., Brockton, MA, for a Motor Vehicle Repair Body License located at 1854 Main St., Brockton, MA

Minutes, page 6

ApprovePassed · Voice vote, names not recorded

No one in opposition Hearing held Granted with stipulations (hand vote): Petition of Mass Best Motors, Inc dba Stepvan USA of 286 Ettrick St., Brockton, MA, for a Motor Vehicle Repair Body License located at 1854 Main St., Brockton, MA

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

From the minutes

“Petition of Mass Best Motors, Inc dba Stepvan USA of 286 Ettrick St., Brockton, MA, for a Motor Vehicle Repair Body License located at 1854 Main St., Brockton, MA (IN CITY COUNCIL JULY 27, 2020, POSTPONED TO AUGUST 24, 2020 CITY COUNCIL MEETING) ... No one in opposition Hearing held Granted with stipulations by a hand vote.”

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

Take Item #421 out of order and under the suspension of the rules

Minutes, page 6

ProceduralPassed · Voice vote, names not recorded

To take Item #421 out of order and under the suspension of the rules

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

From the minutes

“Councilor Cruise motioned to take Item #421 out of order and under the suspension of the rules and was properly seconded. Motion carried by a hand vote..” (Motion: Cruise)

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

Unfinished Business - item 137

Ordain (final passage) as amended: Be it ordained by the City Council of the City of Brockton as follows: That Section 2-127 of Chapter II is hereby amended by adding the following: Division...

Minutes, page 6

ApprovePassed · Unanimous, 10 present

Ordained as amended (roll call): Ordinance: Be it ordained by the City Council of the City of Brockton as follows: That Section 2-127 of Chapter II is hereby amended by adding the following: Division 7.-Department of Human Resources

From the minutes

“Ordinance: Be it ordained by the City Council of the City of Brockton as follows: That Section 2-127 of Chapter II is hereby amended by adding the following: Division 7.-Department of Human Resources (IN CITY COUNCIL JULY 27, 2020 THE AMENDMENT PASSED BY A HAND VOTE. PASSED TO A THIRD READING AS AMENDED BY A HAND VOTE.) ... Ordained as amended by a roll call vote taken by "yeas" and "nays"; ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 138

Ordain (final passage) as amended: Be it ordained by the City Council of the City of Brockton as follows: That Section 2-127 of Chapter II is hereby amended by adding the following: Section 2-127....

Minutes, page 6

ApproveFailed · 2–8

Failed Ordination as amended (roll call): Ordinance: Be it ordained by the City Council of the City of Brockton as follows: That Section 2-127 of Chapter II is hereby amended by adding the following: Section 2-127. -Pay plan, (relative to the Director of Human Resources.

Yes: Cruise, RodriguesNo: Asack, Cardoso, Eaniri, Farwell, Lally, Mendes, Nicastro, Thompson

From the minutes

“Ordinance: Be it ordained by the City Council of the City of Brockton as follows: That Section 2-127 of Chapter II is hereby amended by adding the following: Section 2-127. -Pay plan, (relative to the Director of Human Resources. (IN CITY COUNCIL JULY 27, 2020 THE AMENDMENT PASSED BY A HAND VOTE. PASSED TO A THIRD READING AS AMENDED BY A HAND VOTE.) ... Failed Ordination as amended by a roll call vote taken by "yeas" and "nays"; ten members present and two voting in the affirmative. Councilors Asack, Cardoso, Eaniri, Farwell, Lally, Mendes, Nicastro and Thompson voted in the negative. Councilor Monahan absent..”

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

For reconsideration in the hopes that does not prevail

Minutes, page 6

ProceduralFailed · Voice vote, names not recorded

For reconsideration in the hopes that does not prevail

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

From the minutes

“Councilor Farwell motioned for reconsideration in the hopes that does not prevail and was properly seconded. Motion failed by a hand vote..” (Motion: Farwell)

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

Unfinished Business - item 281

Amend Ordinance 281

Minutes, page 7

ApprovePassed · Voice vote, names not recorded

To amend Ordinance 281

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

From the minutes

“Councilor Farwell motioned to amend Ordinance 281 and was properly seconded. The amendment carried by a hand vote..” (Motion: Farwell)

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

Ordain (final passage) as amended: The City Council approve "an Ordinance amending Chapter 27 of the Revised Ordinances of the City of Brockton Concerning Restaurants." Be it ordained by the City...

Minutes, page 7

ApprovePassed · Unanimous, 10 present

Ordained as amended (roll call): Ordinance: That the City Council approve "an Ordinance amending Chapter 27 of the Revised Ordinances of the City of Brockton Concerning Restaurants." Be it ordained by the City Council of the City of Brockton as follows: Sec. 27-28. C-1 Zones, neighborhood commercial zones, Paragraph 3, Special Permitted Uses, is hereby amended.

From the minutes

“Ordinance: That the City Council approve "an Ordinance amending Chapter 27 of the Revised Ordinances of the City of Brockton Concerning Restaurants." Be it ordained by the City Council of the City of Brockton as follows: Sec. 27-28. C-1 Zones, neighborhood commercial zones, Paragraph 3, Special Permitted Uses, is hereby amended. (FAVORABLE) (IN CITY COUNCIL JULY 27, 2020 PASSED TO A THIRD READING ... Ordained as amended by a roll call vote taken by "yeas" and "nays"; ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 243

Ordain (final passage): Be it ordained, pursuant to Section 27-5 of the City Ordinances "Zoning Map" whereby reference is made to and incorporation of said boundaries of each of the zones...

Minutes, page 7

ApprovePassed · Unanimous, 10 present

Ordained (roll call): Ordinance: Be it ordained, pursuant to Section 27-5 of the City Ordinances "Zoning Map" whereby reference is made to and incorporation of said boundaries of each of the zones established as shown on the map entitled, "The City of Brockton, Massachusetts Zoning District Map" dated November 10, 1967, and thereafter amended, that said map be amended to reflect zoning changes from C-2/R-2(current) to C-2 (Relative to Quincy St. and Centre St.)

From the minutes

“Ordinance: Be it ordained, pursuant to Section 27-5 of the City Ordinances "Zoning Map" whereby reference is made to and incorporation of said boundaries of each of the zones established as shown on the map entitled, "The City of Brockton, Massachusetts Zoning District Map" dated November 10, 1967, and thereafter amended, that said map be amended to reflect zoning changes from C-2/R-2(current) to ... Ordained by a roll call vote taken by "yeas" and "nays"; ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 162

Pass to a third reading: Be it ordained by the City Council of the City of Brockton as follows: That the City Council amend Chapter 27 of the Revised Ordinances of the City of Brockton to create a...

Minutes, page 7

ApproveFailed · 5–5

Failed passage to a third reading (roll call): Ordinance: Be it ordained by the City Council of the City of Brockton as follows: That the City Council amend Chapter 27 of the Revised Ordinances of the City of Brockton to create a new zoning overlay district for certain parcels on North Pearl Street.

Yes: Asack, Cardoso, Eaniri, Lally, ThompsonNo: Cruise, Farwell, Mendes, Nicastro, Rodrigues

From the minutes

“Ordinance: Be it ordained by the City Council of the City of Brockton as follows: That the City Council amend Chapter 27 of the Revised Ordinances of the City of Brockton to create a new zoning overlay district for certain parcels on North Pearl Street. (IN CITY COUNCIL JULY 27, 2020 REFERRED TO FINANCE) (UNFAVORABLE/FINANCE) ... Failed passage to a third reading by a roll call vote taken by "yeas" and "nays"; ten members present and five voting in the affirmative. Councilors Cruise, Farwell, Mendes, Nicastro and Rodrigues voted in the negative. Councilor Monahan absent..”

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

Unfinished Business - item 363

Postpone this item until the September 14, 2020 City Council meeting

Minutes, page 8

ProceduralPassed · Voice vote, names not recorded

To postpone this item until the September 14, 2020 City Council meeting

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

From the minutes

“Councilor Nicastro motioned to postpone this item until the September 14, 2020 City Council meeting and was properly seconded. Motion carried by a hand vote..” (Motion: Nicastro)

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

Unfinished Business - item 364

Postpone this item until the September 14, 2020 City Council meeting

Minutes, page 8

ProceduralPassed · Voice vote, names not recorded

To postpone this item until the September 14, 2020 City Council meeting

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

From the minutes

“Councilor Nicastro motioned to postpone this item until the September 14, 2020 City Council meeting and was properly seconded. Motion carried by a hand vote..” (Motion: Nicastro)

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

Unfinished Business - item 362

Confirm: Reappointment of David Lynch of 30 Quincy St. Brockton, MA 02302 as a Constable in the City of Brockton for a three-year term.

Minutes, page 8

Confirm appointmentPassed · Unanimous, 10 present

Confirmed (roll call): Reappointment of David Lynch of 30 Quincy St. Brockton, MA 02302 as a Constable in the City of Brockton for a three-year term.

From the minutes

“Reappointment of David Lynch of 30 Quincy St. Brockton, MA 02302 as a Constable in the City of Brockton for a three-year term. (FAVORABLE) ... Confirmed by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 384

Adopt: Appropriation of up to $12,131,213.26 From: Unappropriated Estimated Receipts-Plymouth County CARES disbursement for purposes of mitigating impacts of COVID-19 on city and school...

Minutes, page 8

Adopt orderPassed · Unanimous, 10 present

Adopted (roll call): Ordered: Appropriation of up to $12,131,213.26 From: Unappropriated Estimated Receipts-Plymouth County CARES disbursement for purposes of mitigating impacts of COVID-19 on city and school operations. Funds to be expended and reimbursed from Plymouth County for the purposes outlined in "Plymouth County CARES Community Update."

From the minutes

“Ordered: Appropriation of up to $12,131,213.26 From: Unappropriated Estimated Receipts-Plymouth County CARES disbursement for purposes of mitigating impacts of COVID-19 on city and school operations. Funds to be expended and reimbursed from Plymouth County for the purposes outlined in "Plymouth County CARES Community Update." (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 385

Adopt: Total Transfer of $30,704 From: Parking Authority Reserve account, To: Parking Authority - Personal Services Other Than Overtime-Part Time Salaries.

Minutes, page 8

Adopt orderPassed · Unanimous, 10 present

Adopted (roll call): Ordered: Total Transfer of $30,704 From: Parking Authority Reserve account, To: Parking Authority - Personal Services Other Than Overtime-Part Time Salaries.

From the minutes

“Ordered: Total Transfer of $30,704 From: Parking Authority Reserve account, To: Parking Authority - Personal Services Other Than Overtime-Part Time Salaries. (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 386

Adopt: Total Transfer of $50,000 From: Commonwealth of Massachusetts- Massachusetts Census (CCCGP) Division-2020 Census Municipal Grant To: Mayor's Office- 2020 Census Municipal Grant Fund

Minutes, page 8

Adopt orderPassed · Unanimous, 10 present

Adopted (roll call): Ordered: Total Transfer of $50,000 From: Commonwealth of Massachusetts- Massachusetts Census (CCCGP) Division-2020 Census Municipal Grant To: Mayor's Office- 2020 Census Municipal Grant Fund

From the minutes

“Ordered: Total Transfer of $50,000 From: Commonwealth of Massachusetts- Massachusetts Census (CCCGP) Division-2020 Census Municipal Grant To: Mayor's Office- 2020 Census Municipal Grant Fund (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 388

Adopt: The City Council authorize the proposed HDIP Tax Increment Exemption between the City of Brockton and One Nine Residencies, LLC for the property located at 19 Main St.

Minutes, page 8

Adopt orderPassed · Unanimous, 10 present

Adopted (roll call): Ordered: That the City Council authorize the proposed HDIP Tax Increment Exemption between the City of Brockton and One Nine Residencies, LLC for the property located at 19 Main St.

From the minutes

“Ordered: That the City Council authorize the proposed HDIP Tax Increment Exemption between the City of Brockton and One Nine Residencies, LLC for the property located at 19 Main St. (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 389

Adopt: The City Council authorize the proposed HDIP Tax Increment Exemption between the City of Brockton and 28 Petronelli LLC for the property located at 28 Petronelli Way.

Minutes, page 8

Adopt orderPassed · Unanimous, 10 present

Adopted (roll call): Ordered: That the City Council authorize the proposed HDIP Tax Increment Exemption between the City of Brockton and 28 Petronelli LLC for the property located at 28 Petronelli Way.

From the minutes

“Ordered: That the City Council authorize the proposed HDIP Tax Increment Exemption between the City of Brockton and 28 Petronelli LLC for the property located at 28 Petronelli Way. (FAVORABLE) ... Adopted by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

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

Unfinished Business - item 390

Amend resolve #390

Minutes, page 9

ApprovePassed · Voice vote, names not recorded

To amend resolve #390

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

From the minutes

“Councilor Thompson motioned to amend resolve #390 and was properly seconded. The motion carried by a hand vote..” (Motion: Thompson)

Read it in the official minutes, page 9 (PDF)

Adopt as amended: Resolved as follows: That the City of Brockton shall conduct a study to better understand the availability and quantity of excess water and sewer capacity of the City of...

Minutes, page 9

ApprovePassed · Unanimous, 10 present

Adopted as amended (roll call): Resolved as follows: That the City of Brockton shall conduct a study to better understand the availability and quantity of excess water and sewer capacity of the City of Brockton, that the City of Brockton explore the prospective income to the City by providing water and sewer to surrounding communities, that the City of Brockton shall study the status of Intermunicipal Agreements and ways to cultivate purchasers of City water and sewer, that the City of Brockton shall also study the financial feasibility of purchasing the Aquaria Water LLC desalination plant and selling this extra water capacity to surrounding communities, that the Study be conducted by a Committee consisting of the City of Brockton's DPW Commissioner, Chief Financial Officer, the Law Department and select City Councilors, that the Committee shall submit a full and final report to the full City Council within 120 days o

From the minutes

“Resolved as follows: That the City of Brockton shall conduct a study to better understand the availability and quantity of excess water and sewer capacity of the City of Brockton, that the City of Brockton explore the prospective income to the City by providing water and sewer to surrounding communities, that the City of Brockton shall study the status of Intermunicipal Agreements and ways to cult ... Adopted as amended by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

Read it in the official minutes, page 9 (PDF)

Orders - item 421

Adopt: Transfer of $392,000 From: Unappropriated Estimated Receipts To: Parking Authority-Parking Meter Fees Reserve Fund (18A) for $196,000 and Parking Authority-Parking Meter Fees Reserve Fund...

Minutes, page 10

Adopt orderPassed · Unanimous, 10 present

Adopted (roll call): Ordered: Transfer of $392,000 From: Unappropriated Estimated Receipts To: Parking Authority-Parking Meter Fees Reserve Fund (18A) for $196,000 and Parking Authority-Parking Meter Fees Reserve Fund (18B) for $196,000. Bob Malley, Executive Director of the Parking Authority explained that when the City budget went through last year, there was an over-appropriation of $362,029 that was taken from reserve funds in excess of what was in their budget. There was also an additional $30,000 for severance himself that was in both last and this year's budgets. He asked to have the funds returned to the reserve.

From the minutes

“Ordered: Transfer of $392,000 From: Unappropriated Estimated Receipts To: Parking Authority-Parking Meter Fees Reserve Fund (18A) for $196,000 and Parking Authority-Parking Meter Fees Reserve Fund (18B) for $196,000. Bob Malley, Executive Director of the Parking Authority explained that when the City budget went through last year, there was an over-appropriation of $362,029 that was taken from res ... Adopted by a roll call vote taken by "yeas" and "nays": ten members present and all voting in the affirmative. Councilor Monahan absent..”

Read it in the official minutes, page 10 (PDF)

For reconsideration in the hopes that this will not prevail

Minutes, page 10

ProceduralFailed · Voice vote, names not recorded

For reconsideration in the hopes that this will not prevail

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

From the minutes

“Councilor Cruise made a motion for reconsideration in the hopes that this will not prevail and was properly seconded. Motion failed by a hand vote..” (Motion: Cruise)

Read it in the official minutes, page 10 (PDF)

Orders - item 428

Accept a late file

Minutes, page 11

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

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

Read it in the official minutes, page 11 (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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