← Marlborough City Council

Marlborough City Council · 2024–2025 Council · Regular meeting

April 22, 2024

23 recorded votes, 23 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Present: Sean A. Navin, Mark A. Oram, Michael H. Ossing, Kathleen D. Robey, Mark A. Vital, David Doucette, Robert Preciado, Teona C. Brown, John J. Irish, Trey Fuccillo, Donald R. Landers

Absent: None

Every vote, in order

Accept and file: Minutes of the City Council meeting, APRIL 8, 2024

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, APRIL 8, 2024, FILE; adopted.

The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the Minutes of the City Council meeting, APRIL 8, 2024, FILE; adopted..” (Motion: Brown)

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

Close the public hearing: Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive, beginning at a point...

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive, beginning at a point approximately 246’ Southwest of the centerline of the intersection of Cedar Hill Street. Install 50’C1.2 midspan between Pole #1 and #2 and install feeder monitor on the new midspan, Order No. 24-1009138, all were heard who wish to be heard, hearing closed at 8:04 PM; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive, beginning at a point approximately 246’ Southwest of the centerline of the intersection of Cedar Hill Street. Install 50’C1.2 midspan between Pole #1 and #2 and install feeder monitor on the new midspan, Order No. 24-1009138, all were heard who wish to be heard, hearing closed at 8:04 PM; adopted..”

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

Approve with conditions: Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive, beginning at a point...

Minutes, page 1

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive, beginning at a point approximately 246’ Southwest of the centerline of the intersection of Cedar Hill Street. Install 50’C1.2 midspan between Pole #1 and #2 and install feeder monitor on the new midspan, APPROVED WITH THE FOLLOWING CONDITIONS; adopted.

The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Simarano Drive, beginning at a point approximately 246’ Southwest of the centerline of the intersection of Cedar Hill Street. Install 50’C1.2 midspan between Pole #1 and #2 and install feeder monitor on the new midspan, APPROVED WITH THE FOLLOWING CONDITIONS; adopted..” (Motion: Landers)

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

Close the public hearing: Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Cashman Street, beginning at a point...

Minutes, page 2

ProceduralPassed · Voice vote, names not recorded

That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Cashman Street, beginning at a point approximately 100’ Southeast of the centerline of the intersection of Lincoln Street. Installing new Pole 2-5 on Cashman Street to serve a customer at 272 Lincoln Street, Order No. 24-1009139, all were heard who wish to be heard, hearing closed at 8:06 PM; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“That the PUBLIC HEARING on the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Cashman Street, beginning at a point approximately 100’ Southeast of the centerline of the intersection of Lincoln Street. Installing new Pole 2-5 on Cashman Street to serve a customer at 272 Lincoln Street, Order No. 24-1009139, all were heard who wish to be heard, hearing closed at 8:06 PM; adopted..”

Read it in the official minutes, page 2 (PDF)

Approve with conditions: Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Cashman Street, beginning at a point...

Minutes, page 2

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Cashman Street, beginning at a point approximately 100’ Southeast of the centerline of the intersection of Lincoln Street. Installing new Pole 2-5 on Cashman Street to serve a customer at 272 Lincoln Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted.

The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Petition of MA Electric and Verizon New England, to install one Joint Owned Pole on Cashman Street, beginning at a point approximately 100’ Southeast of the centerline of the intersection of Lincoln Street. Installing new Pole 2-5 on Cashman Street to serve a customer at 272 Lincoln Street, APPROVED WITH THE FOLLOWING CONDITIONS; adopted..” (Motion: Landers)

Read it in the official minutes, page 2 (PDF)

Close the public hearing: Proposed Zoning Amendment to City Code, Chapter 650 “Zoning” to create the Lizotte Drive Overlay District (LDOD)

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

That the PUBLIC HEARING on the Proposed Zoning Amendment to City Code, Chapter 650 “Zoning” to create the Lizotte Drive Overlay District (LDOD), Order No. 24-1009121, all were heard who wish to be heard, hearing closed at 9:06 PM; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“That the PUBLIC HEARING on the Proposed Zoning Amendment to City Code, Chapter 650 “Zoning” to create the Lizotte Drive Overlay District (LDOD), Order No. 24-1009121, all were heard who wish to be heard, hearing closed at 9:06 PM; adopted..”

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

Accept and file: Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of Theodore...

Minutes, page 3

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of Theodore L. Scott as Interim Commissioner of the Department of Public Works for an additional 60-day term to expire June 19, 2024, FILE; adopted.

The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Communication from the Mayor, re: Notification of Extension of Temporary Appointment pursuant to MGL Chapter 41 §61A of Theodore L. Scott as Interim Commissioner of the Department of Public Works for an additional 60-day term to expire June 19, 2024, FILE; adopted..” (Motion: Navin)

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

Approve: Grant Acceptance in the amount of $250,000.00 as part of the Fiscal Year 2024 state budget earmark funding, awarded to the Marlborough...

Minutes, page 3

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $250,000.00 as part of the Fiscal Year 2024 state budget earmark funding, awarded to the Marlborough Police Department to be used for the reconstruction of the parking lot at the Police Station; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $250,000.00 as part of the Fiscal Year 2024 state budget earmark funding, awarded to the Marlborough Police Department to be used for the reconstruction of the parking lot at the Police Station; adopted..” (Motion: Irish)

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

Approve: Grant Acceptance in the amount of $175,000.00 as part of the Fiscal Year 2024 state budget earmark funding, awarded to the Marlborough...

Minutes, page 3

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $175,000.00 as part of the Fiscal Year 2024 state budget earmark funding, awarded to the Marlborough Fire Department to be used for the purchase of the CAD Dispatch System; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: Under authority of MGL Chapter 44, Section 53A, the City Council hereby APPROVES the Grant Acceptance in the amount of $175,000.00 as part of the Fiscal Year 2024 state budget earmark funding, awarded to the Marlborough Fire Department to be used for the purchase of the CAD Dispatch System; adopted..” (Motion: Irish)

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

Refer to the Finance Committee: Transfer Request in the amount of $2,784,983.00 (Two million seven hundred eighty-four thousand, nine hundred...

Minutes, page 4

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $2,784,983.00 (Two million seven hundred eighty-four thousand, nine hundred eighty-three dollars) from Free Cash to Capital Outlay to fund the Capital Improvements for the Police Department, Fire Department, Inspectional Services and Department of Public Works, referred to FINANCE COMMITTEE; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $2,784,983.00 (Two million seven hundred eighty-four thousand, nine hundred eighty-three dollars) from Free Cash to Capital Outlay to fund the Capital Improvements for the Police Department, Fire Department, Inspectional Services and Department of Public Works, referred to FINANCE COMMITTEE; adopted..” (Motion: Irish)

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

Refer to the Urban Affairs Committee, Planning Board, and Advertise a Public Hearing for...: Proposed Zoning Amendment to Chapter 650...

Minutes, page 4

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the That the Proposed Zoning Amendment to Chapter 650 “Zoning” to create the Donald Lynch Boulevard District (DLB), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, MAY 20, 2024; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the That the Proposed Zoning Amendment to Chapter 650 “Zoning” to create the Donald Lynch Boulevard District (DLB), referred to URBAN AFFAIRS COMMITTEE, PLANNING BOARD, AND ADVERTISE A PUBLIC HEARING FOR MONDAY, MAY 20, 2024; adopted..” (Motion: Robey)

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

Accept and file: Communication from Assistant City Solicitor Jeremy McManus, re: Opinion relative to Special Permit Application by Alta Behavioral...

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Opinion relative to Special Permit Application by Alta Behavioral Health, LLC, 400 Donald J. Lynch Boulevard, FILE; adopted.

The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Assistant City Solicitor Jeremy McManus, re: Opinion relative to Special Permit Application by Alta Behavioral Health, LLC, 400 Donald J. Lynch Boulevard, FILE; adopted..” (Motion: Robey)

Read it in the official minutes, page 12 (PDF)

Approve: City Council of the City of Marlborough pursuant to MGL Chapter 54, §34 hereby determines and approves the use of the ImageCast Precinct...

Minutes, page 12

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough pursuant to MGL Chapter 54, §34 hereby determines and approves the use of the ImageCast Precinct Optical Tabulator for all primaries, preliminary elections and elections of state, city or town officers in the city beginning with the next primary/preliminary and/or general election held within the City of Marlborough in 2024; and thereafter at all primaries/preliminaries and elections of state, city or town officers in the city until otherwise Ordered; and That the City of Marlborough will discontinue the use of the AccuVote Optical Scanner in any and all future elections held in the City of Marlborough; and further; That notice of this determination to approve and use the ImageCast Precinct Optical Tabulator and to discontinue use of the AccuVote Optical Scanner be sent to the Secretary of the Commonwealth of Massachusetts within five (5) days of this determination. APPROVED; adopted.

The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the City Council of the City of Marlborough pursuant to MGL Chapter 54, §34 hereby determines and approves the use of the ImageCast Precinct Optical Tabulator for all primaries, preliminary elections and elections of state, city or town officers in the city beginning with the next primary/preliminary and/or general election held within the City of Marlborough in 2024; and thereafter at all primaries/preliminaries and elections of state, city or town officers in the city until otherwise Ordered; and That the City of Marlborough will discontinue the use of the AccuVote Optical Scanner in any and all future elections held in the City of Marlborough; and further; That notice of this determination to approve and use the ImageCast Precinct Optical Tabulator and to discontinue use of the AccuVote Optical Scanner be sent to the Secretary of the Commonwealth of Massachusetts within five (5) days of this determination. APPROVED; adopted..” (Motion: Navin)

Read it in the official minutes, page 12 (PDF)

Refer to the Public Services Committee: Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons...

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, referred to PUBLIC SERVICES COMMITTEE; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Gerald Dumais, d/b/a Dumais & Sons Secondhand Store, 65 Mechanic Street, referred to PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Landers)

Read it in the official minutes, page 12 (PDF)

Approve: Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard

Minutes, page 12

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED; adopted.

The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Renewal of Junk Dealer/Secondhand Dealer License, Antoine Bitar, d/b/a Hannoush Jewelers, 601 Donald J. Lynch Boulevard, APPROVED; adopted..” (Motion: Landers)

Read it in the official minutes, page 12 (PDF)

Refer to the Public Services Committee: Application for Taxi/Livery License from Adam Smith d/b/a First Class Limo, Inc., to operate a Livery...

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Taxi/Livery License from Adam Smith d/b/a First Class Limo, Inc., to operate a Livery Service with one vehicle, 715 Robin Hill Street, referred to PUBLIC SERVICES COMMITTEE; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED: That the Application for Taxi/Livery License from Adam Smith d/b/a First Class Limo, Inc., to operate a Livery Service with one vehicle, 715 Robin Hill Street, referred to PUBLIC SERVICES COMMITTEE; adopted..” (Motion: Landers)

Read it in the official minutes, page 12 (PDF)

Accept and file: Minutes of following Boards, Commissions and Committees

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted.

The minutes record the result only (“FILE”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Doucette, seconded by the Chair to adopt the following: ORDERED: That the Minutes of following Boards, Commissions and Committees, FILE; adopted..” (Motion: Doucette)

Read it in the official minutes, page 12 (PDF)

Refer to the Legal Department: Following CLAIMS

Minutes, page 12

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Brown, seconded by the Chair to adopt the following: ORDERED: That the following CLAIMS, referred to the LEGAL DEPARTMENT; adopted..” (Motion: Brown)

Read it in the official minutes, page 12 (PDF)

Suspend the rules

Minutes, page 15

ProceduralPassed · Voice vote, names not recorded

Suspension of the Rules requested – granted.

The minutes record the result only (“granted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Suspension of the Rules requested – granted..”

Read it in the official minutes, page 15 (PDF)

Refer to the City Solicitor to Be Put in Proper Legal Form: Communication from Attorney William Brewin on behalf of Robert Leduc re: Request for...

Minutes, page 15

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney William Brewin on behalf of Robert Leduc re: Request for the release of the low-income deed restriction on the unit at 66 Village Drive (over 55 condominiums on Route 20 East), referred to CITY SOLICITOR TO BE PUT IN PROPER LEGAL FORM; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: That the Communication from Attorney William Brewin on behalf of Robert Leduc re: Request for the release of the low-income deed restriction on the unit at 66 Village Drive (over 55 condominiums on Route 20 East), referred to CITY SOLICITOR TO BE PUT IN PROPER LEGAL FORM; adopted..” (Motion: Robey)

Read it in the official minutes, page 15 (PDF)

Approve: Transfer Request in the amount of $477,122.41 (Four hundred seventy-seven thousand, one hundred twenty-two dollars and forty-one cents)...

Minutes, page 15

Adopt orderPassed · Voice vote, names not recorded

Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $477,122.41 (Four hundred seventy-seven thousand, one hundred twenty-two dollars and forty-one cents) from PEG Funds to Marlborough Cable Trust to fund the operation of WMCT-TV for FY2025 and Capital Items, APPROVED; adopted.

The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Irish, seconded by the Chair to adopt the following: ORDERED: That the Transfer Request in the amount of $477,122.41 (Four hundred seventy-seven thousand, one hundred twenty-two dollars and forty-one cents) from PEG Funds to Marlborough Cable Trust to fund the operation of WMCT-TV for FY2025 and Capital Items, APPROVED; adopted..” (Motion: Irish)

Read it in the official minutes, page 15 (PDF)

Approve: Appointment of Carl Blatchley to the Fort Meadow Commission for a 3- year term effective May 1, 2024

Minutes, page 15

Confirm appointmentPassed · Voice vote, names not recorded

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Carl Blatchley to the Fort Meadow Commission for a 3- year term effective May 1, 2024, APPROVED; adopted.

The minutes record the result only (“APPROVED”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the Appointment of Carl Blatchley to the Fort Meadow Commission for a 3- year term effective May 1, 2024, APPROVED; adopted..” (Motion: Navin)

Read it in the official minutes, page 15 (PDF)

Adjourn

Minutes, page 15

ProceduralPassed · Voice vote, names not recorded

Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:11 PM; adopted.

The minutes record the result only (“adopted.”), with no count or names, so MassVoter shows the result only and does not show how each councilor voted.

From the minutes

“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED There being no further business, the regular meeting of the City Council is herewith adjourned at 9:11 PM; adopted..” (Motion: Navin)

Read it in the official minutes, page 15 (PDF)

From the Marlborough City Council’s official minutes, posted by the City Clerk in the city’s Agenda Center (City Council). We check every vote against the councilors present and quote the exact wording. MassVoter never grades or scores officials. Councilor photos: Marlborough Patch candidate profiles (photos courtesy of the candidates; cropped by MassVoter). Trey Fuccillo: The Berkeley Beacon (Ashlyn Wang). The city website has no councilor photos. Heather Gould and former councilors show initials.

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