APPOINTMENTS. 221 Of Carole O. Harris of 98 Regent Road, Brockton to the Brockton Council on Aging for a three year term ending May 2016.

Transcription

1 63 A regular meeting of the City Council was held in the Council Chambers with Councillor Cruise presiding. The meeting was called to order at 8:05pm with 10 members being present. Councillor DuBois absent. Councillor DeNapoli takes a moment of personal privilege to acknowledge Trinity Catholic Academy for their outstanding basketball teams; grades 5 and 6, and grades 7 and eight were the South Shore Parochial League winners. The councilor gave citations to Mrs. Bailey, the Principal and to Jim and Don, who are coaches. APPOINTMENTS In City Council, May 13, Of Carole O. Harris of 98 Regent Road, Brockton to the Brockton Council on Aging for a three year term ending May Of John F. Kenney of 221 Oak St. CB 84, Brockton to the Brockton Council on Aging for a three year term ending May Of Jane Moynihan of 221 Oak St. # 72, Brockton as an alternate to the Brockton Council on Aging for a three year term ending May Of Jocelyn R.B. Meek of 140 Copeland St., Brockton to the Board of Trustees for the Brockton Public Library for a three year term ending May Reappointment of Scott McDuffy of 8 Knollbrook Drive, Brockton to the Brockton License Commission for a three year term ending May HEARINGS Petition of Adilson DePina and Valter Miranda for a Garage License located at 787 Main St. Valter Miranda and Adilson DePina appeared in favor. No one was in opposition. Hearing held. Granted by a hand vote. Petition of Valter s Complete Auto Service for a Motor Vehicle Repair Mechanical License located at 787 Main St. Valter Miranda and Adilson DePina appeared in favor. No one was in opposition. Hearing held. Councillor Studenski motioned to grant the license with the following stipulations: Hours of operation Monday through Friday 8a.m. to 6p.m.; Saturdays from 8a.m. to 2p.m.; no Sundays. The maximum number of vehicles associated with this business to be on the premises during the day will be 13, including employee and customer vehicles as well as vehicles in need of repair and any vehicle related to accessory businesses associates with the license. Max. number of vehicles stored inside overnight is 4. The maximum number of vehicles to be stored outside overnight is 8. This includes all vehicles associated with any business operated by the license holder on this property including any business such as used car sales. No outside storage

2 64 HEARINGS (cont d) of automotive parts and/or products such as oil, grease, gasoline, etc. No outside coin operated machines including, but not limited to pay phones and vending machines. The property shall be kept clean and neat and free of debris at all times. No painting, priming, or bonding until such time as the proper equipment has been installed and approved by the Brockton Fire Department. The license shall not be issued by the City Clerk until the Building Inspector shall provide written confirmation that the following conditions have been satisfied: A gas trap, as required by the building department, shall be installed. A dumpster and concrete pad with screening fence shall be installed. Councillor Stewart questioned the petitioners if they were comfortable with the stipulations. They stated that they were, but they would like to be able let people pick up their cars later and drop off their cars earlier in the morning. Councillor Brophy stated that the hours are 8am-6pm and on Sat. 8am-2pm, but that it to do work on the vehicles. They can let people pick up and drop off their cars before and after those hours. Councillor Stewart thanked Councillor Brophy for the clarification. The motion carried by a hand vote. Granted with stipulations, by a hand vote. Petition of Vista Motors, LLC for a Motor Vehicle Repair Mechanical License located at 967 Montello St., Unit F. Alex Ponomarenko appeared in favor, along with Vladimir Vorsky and Andre Avmov. Councillor Brophy stepped down. A motion was made to postpone the hearing until the end of the meeting and was properly seconded. The motion carried by a hand vote. Councillor Brophy stepped back in. Hearing held. Councillor Studenski motioned to grant the license with the following stipulations: Hours of operation Monday through Friday 10a.m. to 5p.m.; Saturdays from 10a.m. to 5p.m.; No Sundays. The maximum number of vehicles associated with this business to be on the premises during the day will be 6, including employee and customer vehicles as well as vehicles in need of repair and any vehicle related to accessory businesses associates with the license. Max. number of vehicles to be stored inside overnight is 2. The maximum number of vehicles to be stored outside overnight is 4. This includes all vehicles associated with any business operated by the license holder on this property including any business such as used car sales. No outside storage of automotive parts and/or products such as oil, grease, gasoline, etc. No outside coin operated machines including, but not limited to pay phones and vending machines. The property shall be kept clean and neat and free of debris at all times. No painting, priming, or bonding until such time as the proper equipment has been installed and approved by the Brockton Fire Department. The license shall not be issued by the City Clerk until the Building Inspector shall provide written confirmation that the following conditions have been satisfied: A gas trap, as required by the building department, shall be installed. A dumpster and concrete pad with screening fence shall be installed.

3 Councillor MacMillan stepped down. 65 HEARINGS (cont d) The motion was properly seconded. Granted with stipulations by a hand vote. Councillor Studenski stepped down. Petition of Auto Vision & Towing for a Motor Vehicle Repair Mechanical License located at 193 No. Montello St. Susan Murphy appeared in favor. No one was in opposition. Councillor DeNapoli motioned to postpone until later in the meeting and was properly seconded. The motion carried by a hand vote. Councillor Studenski stepped back in. Hearing held. Councillor DeNapoli motioned to grant the license with the following stipulations: Hours of Operation Mon-Fri. 7a.m. 7p.m.; Sat. 7a.m.-7p.m.; No Sundays or Holidays No junk cars or auto by products stored outside No outside parking of cars Councillor Stewart questioned to petitioners if they are comfortable with the stipulations. The motion was properly seconded. Granted with stipulations by a hand vote. Councillor MacMillan stepped back in. Petition of A & Fren, Inc. DBA Sunny s Auto Center for a Motor Vehicle Repair Mechanical and Motor Vehicle Repair Body License located at 640 Belmont St. Attorney Creedon appeared on behalf of the petitioners. Mike Fren and Sunny Aristamian also appeared in favor. Hearing held. Councillor Eaniri motioned to grant license with the following stipulations: Hours of Operation Mon-Fri. 8a.m.-5p.m.; Sat. 8a.m.-4p.m. Sunday until 3p.m. by appointment only No outside vending machines No overnight vehicles to be left outside No junk vehicles Detailing vehicles only Councillor Stewart questions the petitioners if they are comfortable with the stipulations. The motion was properly seconded. Granted as stipulated by a hand vote. Councillor Studenski stepped back in. Petition of twenty individuals for Licenses to Solicit and Canvass for Protection One, to take orders for future installments of Home Security Systems. The following individuals appeared in favor: Jonathan Swift, Christopher Winterton, Mitchell Ford, Etika Wesley, Christopher Stucki, Sreyrath Keo, Curtis Ford, Raul Lazo, Tyson Egbert, Tagaroa Wesley, Nicholas Peterson, Mark Lejohn, Dillon Story, Nicole Stratton, Tevita Asisi, Alexander Villanuova, Miguel Samaniego.

4 66 HEARINGS (cont d) Councillor Brophy asked them to explain what they do. They explained they are similar to ADT. Mitchell Ford explained that they are all licensed and all wear nametags. Councillor MacMillan questioned the petitioners and stated that he was glad that they were going about it in the correct manner by getting a license. Councillor Sullivan questioned if they carry mace? They stated that they didn t. Councillor DeNapoli asked what hours they would be canvassing. The hours are from 2p.m.-8 p.m.mon. through Fri. and Sat. 9a.m.-8p.m. No Sundays. No one was in opposition. Hearing held. Licenses were granted to the 17 individuals that were present. Granted by a hand vote. Councillor MacMillan stepped down. PETITIONS Of Romm Jewelers for a renewal of Second Hand Precious Metals and Gems License located at 1280 Belmont St. Referred to Public Safety Of New England Petroleum Properties, LLC proposing to place a sign located at 514 North Main St. Referred to Public Safety Councillor MacMillan stepped back in. REPORTS 273 Of the Ordinance Committee for its meeting of April 29, Of the Finance Committee for its meeting of May 6, Of the Public Safety Committee for its meeting of May 6, 2013 COMMUNICATIONS 226 From the Mayor recommending that the City Council approve the Net Metering Power Purchase Agreement between Rehoboth Solar, LLC and the City of Brockton in substitution of the agreement approved by the City Council order 84 on March 25, The project authorized was not approved for zoning by the Town of West Bridgewater. The City by contract had no obligation to continue, but the developer of the West Bridgewater project, Citizens Energy, has another slightly smaller project, which can be substituted. 227 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed approval of the Net Metering Power Purchase Agreement between Rehoboth Solar, LLC and the City of Brockton

5 67 COMMUNICATIONS (cont d) 228 From the Chairman of the License Commission requesting a supplemental appropriation for funds to be paid to Bonnie J. Tucker for the Educational Incentive entitlement in FY Additionally, requesting that the License Commission s FY2014 Budget be amended to include the funds necessary to pay the Educational Incentive to Bonnie J. Tucker. 229 From the Mayor in accordance with M.G.L., Ch. 44, recommending a transfer of $1, from Finance-Personal Services other than Overtime to License Commission Personal Service other than Overtime in order to pay the contractual Education Incentive to the Commission s Administrative Assistant. 230 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed transfer of $1, from Finance-Personal Services other than Overtime to License Commission Personal Service other than Overtime 231 From the Superintendent of Buildings on behalf of the Planning Department, requesting authorization to accept and expend the $10, Tony Hawk Foundation Grant for construction of a public non-profit skate park at Edgars Playground. 232 From the Mayor in accordance with M.G.L., Ch. 44, recommending that the City council authorize acceptance and expenditure of the grant award in the amount of $10,000 from the Tony Hawk Foundation Grant to the Planning Department for construction of a public non-profit skate park at Edgars Playground. 233 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed appropriation of $10,000 from the Tony Hawk Foundation Grant to the Planning Department for a Skate Park at the Edgars Playground. 234 From the Executive Director of the Parking Authority requesting that the City Council accept a Brownfield site assessment and remediation grant from MassDevelopment for up to $105,550, to be used for environmental remediation associated with the Montello Street Parking Lot Redevelopment Project (Map 135, Plot 303). 235 From the Mayor in accordance with M.G.L., Ch. 44, recommending that the City council authorize acceptance and expenditure of the grant award up to $105,550 from MassDevelopment for the Brownfield site assessment remediation grant associated with the Montello Street Parking Lot Redevelopment Project to the Parking Authority.

6 68 COMMUNICATIONS (cont d) 236 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed appropriation of up to $105,550 from MassDevelopment for the Brownfield site assessment remediation grant associated with the Montello Street Parking Lot Redevelopment Project. 237 From the City Auditor certifying that the balance of the Stabilization Fund as of April 30, 2013 is $6,557, From the DPW Commissioner requesting an increase of $162, to the DPW Operations Division Maintenance Section Gasoline Account. (to ensure that there is adequate money left in the gasoline line item until the end of the fiscal year. The increase of the gasoline line item is due to the increasing cost of fuel and increase in usage due to extended winter operations). Councillor Studenski stepped down. 239 From the Mayor in accordance with M.G.L., making the following, appropriation request: from: Stabilization Fund- $162,726 to: DPW Maintenance Division Goods & Supplies- $162,726 (to ensure there is adequate funds for gasoline for fiscal year 2013). 240 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed appropriation of $162,726 for gasoline until the end of the fiscal year From the Director of the Emergency Management Agency requesting acceptance of a grant from MEMA for supplies to be used by the City of Brockton in the amount of $ From the Mayor in accordance with M.G.L., Ch. 44, recommending acceptance of $1816 from the Massachusetts Emergency Management Agency (EMPG) Performance Grant Program. The Brockton Emergency Management Agency (BEMA) intends to use these grant funds for supplies. 243 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed acceptance of $1816 from the Massachusetts Emergency Management Agency (EMPG) Performance Grant Program. 244 From the DPW Commissioner requesting an appropriation in the amount of $750, (to finalize payment for snow removal costs due to the severity of the snow storms we had in FY2013)

7 69 COMMUNICATIONS (cont d) 245 From the Mayor in accordance with M.G.L., making the following, appropriation request: from: Stabilization Fund- $750,000 to: DPW Snow & Ice Removal- $750,000 (to pay for estimated final costs of FY13 snow removal) 246 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed appropriation of $750,000 for DPW Snow and Ice removal costs 247 From the Police Chief requesting a transfer for the Police Department FY2013 Budget from Full-Time-$200, to Overtime- $200, (to take the dept. to the end of the fiscal year projecting that overtime will continue at the same pace as it has to date). 248 From the Mayor in accordance with M.G.L., Ch. 44, recommending a transfer of $200, from Police Department -Personal Services other than Overtime to Police Department- Overtime (the transfer is necessary to take the dept. to the end of the fiscal year projecting that overtime will continue at the same pace as it has to date). 249 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed transfer of $200, from Police Department -Personal Services other than Overtime to Police Department- Overtime 250 From the DPW Commissioner requesting an increase of $22, to the DPW Engineering Division Overtime Account (for the project engineer overtime salary in order to complete the Mass Works Grant by the end of June From the Mayor recommending the following appropriation in the amount of $22,000 from Stabilization Fund to DPW Engineering Personal Services- Overtime (in order to complete the Mass Works Grant by the end of June 2013). 252 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed appropriation of $22,000 from Stabilization Fund to DPW Engineering Personal Services-Overtime. 253 From the Executive Health Officer requesting acceptance and expenditure of a grant award in the amount of $7,000 from the National Association of County and City Health Officials for the purpose of building the level of volunteers and equipment for our Medical Reserve Corp.

8 70 COMMUNICATIONS (cont d) 254 From the Mayor recommending that the City Council authorize acceptance and expenditure of the grant award in the amount of $7,000 from the National Association of County and City Health Officials(NACCHO) Department of Health and Human Services Grant Fund to City of Brockton Board of Health Medical Reserve Corps Grant Fund. (for the purpose of building the level of volunteers and equipment for local Medical Reserve Corps). Councillor Studenski stepped back in. 255 From the CFO in accordance with Section 5 of Ch. 324 of the Acts of 1990, certifying the proposed acceptance and expenditure of the grant award in the amount of $7,000 from the National Association of County and City Health Officials(NACCHO) Department of Health and Human Services Grant Fund to City of Brockton Board of Health Medical Reserve Corps Grant Fund. 256 From the Mayor in reference to Section 2-110, Article III City of Brockton Ordinance Waiver of Residency. UNFINISHED BUSINESS 118 Ordinance: An Ordinance Amending Revised Ordinances of the City of Brockton, Chapter 2, Article 111, Division 2, Section Chapter 2, Article III, Division 2, Section (Annual Salary Schedule) Compensation Grade L4, Classification Title Asst. City Solicitor (f.t.) and Chapter 2, Article 111, Division 5, Section 2-186, to provide as follows: Section Assistant City Solicitor. (FAVORABLE) (IN CITY COUNCIL, APRIL 8, 2013, PASSED TO A THIRD READING AS AMENDED) (IN CITY COUNCIL APRIL 22, 2013, FAILED) (Councillor DeNapoli filed reconsideration on April 22, 2013 in the City Clerk s Office.) Reconsideration passed by a roll call vote taken by yeas and nays ; ten members present and all voting in the affirmative. Councillor DuBois absent. 203 An Ordinance Amending Ch. XXVII of the Revised Ordinances of the City of Brockton. Be it Ordained by the City Council of the City of Brockton, Chapter 27. Zoning. Is hereby amended by adding the following new Article: Article XVII. Moratorium-Medical Marijuana Treatment Centers Section Purpose. (HEARING HELD. FAVORABLE) Passed to a third reading by a hand vote. 155 Ordinance: An Ordinance amending Chapter II, Division 2, Employee Classification and Compensation Plan, Benefits, Etc., Relative to Non-Union Employees of the City. (FAVORABLE) Passed to a third reading by a hand vote. 217 Appropriation of: $414,500 From: Executive Office of Public Safety & Security (EOPSS) FY13 Shannon Community Safety Initiative Grant To: City of Brockton Police Department. (FAVORABLE)

9 71 UNFINISHED BUSINESS (cont d) Adopted by a roll call vote taken by yeas and nays ; ten members present and all voting in the affirmative. Councillor DuBois absent. 218 Appropriation of: $325,000 From: Commonwealth of Massachusetts-Executive Office of Health and Human Services-Safe and Successful Youth Initiative (SSYI) Grant To: City of Brockton Police Department (This funding will be used for a coordinated strategy focused on proven risk youth ages and their families to reduce youth violence) (FAVORABLE) Adopted by a roll call vote taken by yeas and nays ; ten members present and all voting in the affirmative. Councillor DuBois absent. 219Resolve: Whereas, in the opinion of the Mayor and the City Council of the City of Brockton the public convenience and necessity of the inhabitants of the City require that the described parcel of land be taken as a Permanent Easement for the purpose of constructing a sidewalk from certain owners of land abutting Jon Drive. (FAVORABLE) Adopted by a roll call vote taken by yeas and nays ; ten members present and all voting in the affirmative. Councillor DuBois absent. 220 Resolve: Whereas, in the opinion of the Mayor and the City Council of the City of Brockton the public convenience and necessity of the inhabitants of the City require that the described parcel of land be taken as a Temporary Construction Easement in order to construct a sidewalk within the existing public street layout of Jon Drive and of Sully Road. (FAVORABLE) Adopted by a roll call vote taken by yeas and nays ; ten members present and all voting in the affirmative. Councillor DuBois absent. Councillor Eaniri motioned to take the renewal petitions collectively and was properly seconded. The motion carried by a hand vote. Petition of Main Street Jewelers dba Warren Jewelers for a renewal of Second Hand Precious Metal and Gems License located at 165 Westgate Drive, Brockton. Petition of Traders World Brockton LLC for a renewal of Second Hand Precious Metals & Gems license located at 21 Torrey St., #7 Brockton. Petition of Philip Cohen DBA Ideal Pawn, Inc., for a renewal of Second Hand Precious Metals & Gems license located at 242 Main St., Brockton. Petition of Timeless Antiques, Watch and Jewelry for a renewal of Second Hand Precious Metals and Gems located at 1208 Belmont St. Petition of Sterling Jewelers, Inc., DBA Kay Jewelers for a renewal of Second Hand Precious Metals and Gems located at 200 Westgate Dr. Petition of Sterling Jewelers, Inc., DBA Belden Jewelers for a renewal of Second Hand Precious Metals and Gems located at 200 Westgate Dr. Petition of George Hajnasr DBA Nasr Jewelers for a renewal of Second Hand Precious Metals and Gems located at 39 Torrey St., Suite 1. Adopted by a roll call vote taken by yeas and nays ; ten members present and all voting in the affirmative. Councillor DuBois absent.

10 72 ORDERS Councillor Sullivan motioned to move under suspension of the rules on item #257 and was properly seconded. The motion carried by a hand vote. 257 Ordered: That the City of Brockton does hereby dedicate a Permanent Easement for the purpose of constructing a sidewalk over land of the City of Brockton situated at the Brookfield School, off Jon Drive, the following described parcel of land, to wit: Parcel E-1: A certain parcel of land belonging to the City of Brockton (Book 2880, Page 349). Adopted by a roll call vote taken by yeas and nays ; ten members present and all voting in the affirmative. Councillor DuBois absent. 258 Ordered: That the City Council authorize the approval of the Net Metering Power Purchase between Rehoboth Solar, LLC and the City of Brockton in substitution of the agreement approved by the City Council order 84 on March 25, This agreement is for the purchase of solar power from a solar plant, which will save the City in electricity costs. 259 Ordered: Transfer of $1, From: Finance-Personal Services other than Overtime To: License Commission Personal Service other than Overtime (in order to pay the contractual Education Incentive to the Commission s Administrative Assistant). 260 Ordered: That the City Council accepts a grant in the amount of Ten Thousand Dollars ($10,000.00) from the Tony Hawk Foundation for construction of a public non-profit skate park at Edgars Playground. Councillor Brophy stepped down. 261 Ordered: in reference to Article III Section 2-110, City of Brockton Ordinance Waiver of Residency. Referred to Ordinance 262 Appropriation: of up to $105,550 From: MassDevelopment for the Brownfield site assessment remediation grant associated with the Montello Street Parking Lot Redevelopment Project To: The Parking Authority 263 Appropriation of: $162,726 To: DPW Maintenance Division Goods & Supplies From: Stabilization Fund (to ensure there is adequate funds for gasoline for fiscal year 2013).

11 73 ORDERS 264 Appropriation of: $1816 From: The Massachusetts Emergency Management Agency (EMPG) Performance Grant Program. To: The Brockton Emergency Management Agency (The Brockton Emergency Management Agency (BEMA) intends to use these grant funds for supplies). Councillor Brophy stepped back in. 265 Appropriation of: $750,000 From: Stabilization Fund To: DPW Snow & Ice Removal (to pay for estimated final costs of FY13 snow removal) 266 Transfer of $200, From: Police Department-Personal Services other than Overtime To: Police Department Overtime (to take the dept. to the end of the fiscal year projecting that overtime will continue at the same pace as it has to date). 267 Appropriation: of $22,000 From: Stabilization Fund To: DPW Engineering Personal Service-Overtime (in order to complete the Mass Works Grant by the end of June 2013). 268 Appropriation: of $7,000 From: the National Association of County and City Health Officials(NACCHO) Department of Health and Human Services Grant Fund To: City of Brockton Board of Health Medical Reserve Corps Grant Fund. (for the purpose of building the level of volunteers and equipment for local Medical Reserve Corps). 269 Resolve: That the Director of the Brockton Council on Aging be invited to appear before a committee of this council to discuss the issue of elder abuse and the Year of Elder Abuse Prevention. 270 Resolved: That the Mayor or her designee, Chief of Police, Fire Chief, and Lt. Donald Mills on behalf of the School Police, be invited to appear before a committee of this Council to provide a status as to the City s preparedness to protect the public at public events and how the public can assist public safety officials.

12 74 LATE FILES Councillor Sullivan motioned to move under suspension of the rules and accept 2 late files and was properly seconded. The motion carried by a hand vote. 271 Resolve: That the City Council hereby requests that a representative of Aquaria appear before the Finance Committee to address questions pertaining to the Desalinization Water contract and that Aquaria provide any and all information, data, and/or documents relative to the marketing of the water as per the terms of the contract agreement. 272 Resolve: That Brockton City Council respectfully requests that the Commonwealth of Massachusetts designate that portion of highway located on Route 24 between Exits 17 and 18 as Rocky Marciano Highway. Council President Cruise stated that he would be absent at the next meeting on Monday. Adjourned 9:15p.m.