← Middleborough Select Board

Middleborough Select Board · 2017–2018 Board · Regular meeting

January 22, 2018

17 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Allin Frawley, Leilani Dalpe, John Knowlton, Stephen McKinnon, Diane Stewart

Absent: None

Every vote, in order

Enter into Executive Session to return to open session, to discuss strategy with respect to collective bargaining or litigations it hat if done in an open meeting may have a detrimental effect on...

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

At 6:48 PM to enter into Executive Session to return to open session, to discuss strategy with respect to collective bargaining or litigations it hat if done in an open meeting may have a detrimental effect on the bargaining or litigating position

From the minutes

“Upon motion made by Selectmen Stewart and seconded by Selectmen McKinnon, the Board voted at 6:48 PM to enter into Executive Session to return to open session, to discuss strategy with respect to collective bargaining or litigations it hat if done in an open meeting may have a detrimental effect on the bargaining or litigating position. Polled vote: A. Frawley - Aye, L. Dalpe - Aye, J. Knowlton - Aye, S. McKinnon - Aye and D. Stewart – Aye..” (Motion: Stewart, second: McKinnon)

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

Authorize the Chairman or his designee to sign the warrants for week(s) ending January 20, 2018 and January 27, 2018

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To authorize the Chairman or his designee to sign the warrants for week(s) ending January 20, 2018 and January 27, 2018

From the minutes

“Upon motion made by Selectmen Dalpe and seconded by Selectmen McKinnon, the Board voted unanimously to authorize the Chairman or his designee to sign the warrants for week(s) ending January 20, 2018 and January 27, 2018..” (Motion: Dalpe, second: McKinnon)

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

The Board finds that the language in the January 9, 2018 email from Leilani Dalpe does violate the deliberation section of the Open Meeting law, specifically the expression of opinion on matters...

Minutes, page 2

ApproveFailed · 2–2

That the Board finds that the language in the January 9, 2018 email from Leilani Dalpe does violate the deliberation section of the Open Meeting law, specifically the expression of opinion on matters within the body's jurisdiction to a quorum of the public body; that Ms. Dalpe should retract the email statement in its entirety; that all members of the Board of Selectmen and Oliver Estate Advisory Committee shall review the Open Meeting Law Guide and Educational Material Document form the Office of the Attorney General Dated October 2017, and return the acknowledgement form to the Town Clerk within two weeks form Tuesday January 23, 2018 which is February 6, 2018; and that the response shall be forwarded to Mr. Frawley and the Attorney General of the Commonwealth of Massachusetts

The count (2-2) does not add up to the 5 members the minutes show present, so only the count is shown.

From the minutes

“Upon motion made by Selectmen McKinnon and seconded by Selectmen Stewart, the Board voted, two in favor, two against, that the Board finds that the language in the January 9, 2018 email from Leilani Dalpe does violate the deliberation section of the Open Meeting law, specifically the expression of opinion on matters within the body's jurisdiction to a quorum of the public body; that Ms. Dalpe should retract the email statement in its entirety; that all members of the Board of Selectmen and Oliver Estate Advisory Committee shall review the Open Meeting Law Guide and Educational Material Document form the Office of the Attorney General Dated October 2017, and return the acknowledgement form to the Town Clerk within two weeks form Tuesday January 23, 2018 which is February 6, 2018; and that the response shall be forwarded to Mr. Frawley and the Attorney General of the Commonwealth of Massachusetts. Motion Does Not Carry..” (Motion: McKinnon, second: Stewart)

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

Agree that there was an unintentional violation of the language in the January 9, 2018 email by Leilani Dalpe that does violate the deliberation section of the Open Meeting Law and that it will be...

Minutes, page 3

ApprovePassed · 3–1

To agree that there was an unintentional violation of the language in the January 9, 2018 email by Leilani Dalpe that does violate the deliberation section of the Open Meeting Law and that it will be corrected by making the email part of the Board's Correspondence as oppose to retracting it and that the Selectmen do the training for the Open Meeting Law

The count (3-1) does not add up to the 5 members the minutes show present, so only the count is shown.

From the minutes

“Upon motion made by Selectmen Stewart and seconded by Selectmen Dalpe, the Board voted, three in favor and one against, to agree that there was an unintentional violation of the language in the January 9, 2018 email by Leilani Dalpe that does violate the deliberation section of the Open Meeting Law and that it will be corrected by making the email part of the Board's Correspondence as oppose to retracting it and that the Selectmen do the training for the Open Meeting Law.” (Motion: Stewart, second: Dalpe)

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

Coordinate a meeting with Senator Pacheco's Office, the Town's Legislative Delegation and surrounding Town's to see what the legal options are regarding the 'Middleboro Alternative' of the South...

Minutes, page 3

ApprovePassed · No count or names in the minutes

To coordinate a meeting with Senator Pacheco's Office, the Town's Legislative Delegation and surrounding Town's to see what the legal options are regarding the 'Middleboro Alternative' of the South Coast Rail and Pilgrim Junction

The minutes say the Board voted to do this but do not give a count or say it was unanimous.

From the minutes

“At 7:40 PM Vice Chairman McKinnon turns the gavel over to Chairman Frawley Upon motion made by Selectmen Dalpe and seconded by Selectmen Stewart, the Board voted to coordinate a meeting with Senator Pacheco's Office, the Town's Legislative Delegation and surrounding Town's to see what the legal options are regarding the 'Middleboro Alternative' of the South Coast Rail and Pilgrim Junction..” (Motion: Dalpe, second: Stewart)

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

Hold a public hearing on the Board of Health Regulation for Contaminated Soil on January 29, 2018

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To hold a public hearing on the Board of Health Regulation for Contaminated Soil on January 29, 2018

From the minutes

“Upon motion made by Selectmen Dalpe and seconded by Selectmen Stewart, the Board voted unanimously to hold a public hearing on the Board of Health Regulation for Contaminated Soil on January 29, 2018..” (Motion: Dalpe, second: Stewart)

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

Appoint the Special – Auxiliary Police, Matron, Police.Chaplain and Crossing Guards as presented

Minutes, page 3

AppointPassed · Unanimous, 5 present

To appoint the Special – Auxiliary Police, Matron, Police.Chaplain and Crossing Guards as presented

From the minutes

“Upon motion made by Selectmen Dalpe and seconded by Selectmen Stewart, the Board voted unanimously to appoint the Special – Auxiliary Police, Matron, Police.Chaplain and Crossing Guards as presented..” (Motion: Dalpe, second: Stewart)

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

Have the Herring Fisheries Commission directs their request for funding to the Town Manager's Office so that an article can be placed on the Warrant in the amount of $2,500

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To have the Herring Fisheries Commission directs their request for funding to the Town Manager's Office so that an article can be placed on the Warrant in the amount of $2,500

From the minutes

“Upon motion made by Selectmen McKinnon and seconded by Selectmen Dalpe, the Board voted unanimously to have the Herring Fisheries Commission directs their request for funding to the Town Manager's Office so that an article can be placed on the Warrant in the amount of $2,500..” (Motion: McKinnon, second: Dalpe)

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

Forward the Capital Expenditure Request from the Herring Fisheries Commission and for them to present a detailed plan for the requested $25,000

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To forward the Capital Expenditure Request from the Herring Fisheries Commission and for them to present a detailed plan for the requested $25,000

From the minutes

“Upon motion made by Selectmen McKinnon and seconded by Selectmen Dalpe, the Board voted unanimously to forward the Capital Expenditure Request from the Herring Fisheries Commission and for them to present a detailed plan for the requested $25,000..” (Motion: McKinnon, second: Dalpe)

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

Have the Town Manager look at putting together an Article to move forward with this

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To have the Town Manager look at putting together an Article to move forward with this

From the minutes

“Upon motion made by Selectmen McKinnon and seconded by Selectmen Dalpe, the Board voted unanimously to have the Town Manager look at putting together an Article to move forward with this..” (Motion: McKinnon, second: Dalpe)

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

Hold the Conservation Restriction paperwork on the Oliver Estate property so that the Oliver Estate Advisory Committee can review and vote on it

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To hold the Conservation Restriction paperwork on the Oliver Estate property so that the Oliver Estate Advisory Committee can review and vote on it

From the minutes

“Upon motion made by Selectmen McKinnon and seconded by Selectmen Dalpe, the Board voted unanimously to hold the Conservation Restriction paperwork on the Oliver Estate property so that the Oliver Estate Advisory Committee can review and vote on it..” (Motion: McKinnon, second: Dalpe)

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

Move the Review of the Class I, Class II and Class IIJ Approvals/Discuss Prorating Fees to after the Hearings, Meetings and Licenses items

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To move the Review of the Class I, Class II and Class IIJ Approvals/Discuss Prorating Fees to after the Hearings, Meetings and Licenses items

From the minutes

“Upon motion made by Selectmen Knowlton and seconded by Selectmen Dalpe, the Board voted unanimously to move the Review of the Class I, Class II and Class IIJ Approvals/Discuss Prorating Fees to after the Hearings, Meetings and Licenses items..” (Motion: Knowlton, second: Dalpe)

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

Support the Home Rule Petition Request presented by Brother's Liquors and move forward with drafting/placing an article on the Annual Town Meeting Warrant to move forward

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To support the Home Rule Petition Request presented by Brother's Liquors and move forward with drafting/placing an article on the Annual Town Meeting Warrant to move forward

From the minutes

“Upon motion made by Selectmen McKinnon and seconded by Selectmen Dalpe, the Board voted unanimously to support the Home Rule Petition Request presented by Brother's Liquors and move forward with drafting/placing an article on the Annual Town Meeting Warrant to move forward..” (Motion: McKinnon, second: Dalpe)

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

Set the Pro-Rate of the Class I, Class II and Class III licensing is, if the approval is less than six months prior to the January renewal, than the fee will be $100 and if the approval is more...

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To set the Pro-Rate of the Class I, Class II and Class III licensing is, if the approval is less than six months prior to the January renewal, than the fee will be $100 and if the approval is more than six months prior to the January renewal, than the full fee of $200 will be charged

From the minutes

“Upon motion made by Selectmen Stewart and seconded by Selectmen McKinnon, the Board voted unanimously to set the Pro-Rate of the Class I, Class II and Class III licensing is, if the approval is less than six months prior to the January renewal, than the fee will be $100 and if the approval is more than six months prior to the January renewal, than the full fee of $200 will be charged..” (Motion: Stewart, second: McKinnon)

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

Approve the revised Oliver House Event Coordinator Contract as presented

Minutes, page 6

ApprovePassed · 4–1

To approve the revised Oliver House Event Coordinator Contract as presented

Yes: Dalpe, Frawley, McKinnon, StewartNo: Knowlton

From the minutes

“He noted that Ms. Parish has signed the contract that is before the Board. ° Upon motion made by Selectmen McKinnon and seconded by Selectmen Stewart, the Board voted four in favor, one against (J. Knowlton) to approve the revised Oliver House Event Coordinator Contract as presented..” (Motion: McKinnon, second: Stewart)

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

Approve the "Scare your Sweetheart" event to be held at the Oliver House on Saturday, February 10" from 7-10 pm as requested by Kristy Parish, OE Event Coordinator

Minutes, page 6

ApprovePassed · Unanimous, 5 present

To approve the "Scare your Sweetheart" event to be held at the Oliver House on Saturday, February 10" from 7-10 pm as requested by Kristy Parish, OE Event Coordinator

From the minutes

“Upon motion made by Selectmen Stewart and seconded by Selectmen McKinnon, the Board voted unanimously to approve the "Scare your Sweetheart" event to be held at the Oliver House on Saturday, February 10" from 7-10 pm as requested by Kristy Parish, OE Event Coordinator..” (Motion: Stewart, second: McKinnon)

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

Adjourn at 9:50 PM

Minutes, page 6

ProceduralPassed · Unanimous, 5 present

To adjourn at 9:50 PM

From the minutes

“ADJOURNMENT Upon motion made by Selectmen Knowlton and seconded by Selectmen Stewart, the Board voted unanimously to adjourn at 9:50 PM..” (Motion: Knowlton, second: Stewart)

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

From the Middleborough Select Board’s official minutes, posted in the town’s Agenda Center. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos of current members: Nemasket Week candidate profiles (Teresa Farley 2024; Brian Giovanoni and William Pike 2025; Thomas White and Tracie Craig-McGee 2026). Former members show initials.

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