← Middleborough Select Board

Middleborough Select Board · 2020–2021 Board · Regular meeting

September 14, 2020

19 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Arthur Battistini, Leilani Dalpe, Nathan Demers, Mark Germain, Neil Rosenthal

Absent: None

Every vote, in order

Enter in to Executive Session to return to Open Session to discuss strategy with respect to pending litigation if done in an open meeting may have a detrimental effect on the litigating position...

Minutes, page 2

ProceduralPassed · Unanimous, 5 present

At 7:15 PM to enter in to Executive Session to return to Open Session to discuss strategy with respect to pending litigation if done in an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares – A Plus Waste & Recycling Services vs. Town of Middleborough

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted at 7:15 PM to enter in to Executive Session to return to Open Session to discuss strategy with respect to pending litigation if done in an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares – A Plus Waste & Recycling Services vs. Town of Middleborough. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Demers, second: Germain)

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

Approve the 8/10/2020 minutes as amended

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

To approve the 8/10/2020 minutes as amended

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted unanimously to approve the 8/10/2020 minutes as amended. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye WARRANTS.” (Motion: Demers, second: Germain)

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

Authorize the Chairman or her designee to sign the warrants for week(s) ending 9/12/2020 & 9/19/2020

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To authorize the Chairman or her designee to sign the warrants for week(s) ending 9/12/2020 & 9/19/2020

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted unanimously to authorize the Chairman or her designee to sign the warrants for week(s) ending 9/12/2020 & 9/19/2020. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Demers, second: Germain)

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

Affirm the July 27, 2020 decision of the Board of Health to appoint Tetra Tech as its engineering consultant relative to the stormwater and groundwater flooding complains form residents and the...

Minutes, page 4

AppointPassed · Unanimous, 5 present

To affirm the July 27, 2020 decision of the Board of Health to appoint Tetra Tech as its engineering consultant relative to the stormwater and groundwater flooding complains form residents and the Oak Point Community and to require Hometown America to pay the Town the sum of $16,590 to fund the work of said consultant, and further that Hometown America be ordered to pay said funds within ten days of receipt of this decision

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Battistini, the Board voted to affirm the July 27, 2020 decision of the Board of Health to appoint Tetra Tech as its engineering consultant relative to the stormwater and groundwater flooding complains form residents and the Oak Point Community and to require Hometown America to pay the Town the sum of $16,590 to fund the work of said consultant, and further that Hometown America be ordered to pay said funds within ten days of receipt of this decision. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Demers, second: Battistini)

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

Authorize the Chair to execute a contract with tetra Tech for the consulting services ordered by the Board of Health, that it authorize payment of the Phase I work from available funds of the Town...

Minutes, page 4

Adopt orderPassed · Unanimous, 5 present

To authorize the Chair to execute a contract with tetra Tech for the consulting services ordered by the Board of Health, that it authorize payment of the Phase I work from available funds of the Town and that it authorize Tetra Tech to proceed with the Phase I work, commencing with an on-site meeting with the Town's Interim Health Officer and Health Inspector and then a follow-up meeting with Town Officials, engineering representatives of Hometown America and a representative of the Homeowners

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to authorize the Chair to execute a contract with tetra Tech for the consulting services ordered by the Board of Health, that it authorize payment of the Phase I work from available funds of the Town and that it authorize Tetra Tech to proceed with the Phase I work, commencing with an on-site meeting with the Town's Interim Health Officer and Health Inspector and then a follow-up meeting with Town Officials, engineering representatives of Hometown America and a representative of the Homeowners. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Germain, second: Demers)

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

Approve and sign the Host Community Agreement with Artis, LLC for delivery of adult use marijuana and marijuana products

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To approve and sign the Host Community Agreement with Artis, LLC for delivery of adult use marijuana and marijuana products

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to approve and sign the Host Community Agreement with Artis, LLC for delivery of adult use marijuana and marijuana products. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Germain, second: Demers)

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

Approve the proposed Cannabis Licensing Renewal Process

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To approve the proposed Cannabis Licensing Renewal Process

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted unanimously to approve the proposed Cannabis Licensing Renewal Process. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Germain, second: Demers)

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

Continue the hearing for a Variance Request for Quail Place, Subsurface Sewer Disposal System Upgrade, Local Upgrade Request for River Hawk Environmental, Assessors Map 091, Lot 694 to Monday,...

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

To continue the hearing for a Variance Request for Quail Place, Subsurface Sewer Disposal System Upgrade, Local Upgrade Request for River Hawk Environmental, Assessors Map 091, Lot 694 to Monday, October 5, 2020 at 7:40 PM

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Rosenthal, the Board voted unanimously to continue the hearing for a Variance Request for Quail Place, Subsurface Sewer Disposal System Upgrade, Local Upgrade Request for River Hawk Environmental, Assessors Map 091, Lot 694 to Monday, October 5, 2020 at 7:40 PM. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye 7:40 PM NEW ROADWAY ACCEPTANCE HEARING ~ to accept the layout of Elk Run Drive as shown on a plan entitled "Roadway Acceptance Plan Elk Run on Elk Run Drive" Chairman Dalpe reads into the record the legal notice and declares the hearing open..” (Motion: Germain, second: Rosenthal)

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

Continue the Roadway Acceptance Hearing for Elk Run Drive to Monday, September 28, 2020 at 7:30 PM

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To continue the Roadway Acceptance Hearing for Elk Run Drive to Monday, September 28, 2020 at 7:30 PM

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted unanimously to continue the Roadway Acceptance Hearing for Elk Run Drive to Monday, September 28, 2020 at 7:30 PM. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye 7:50 PM NEW ROADWAY ACCEPTANCE HEARING – To accept the layout of Stoney Point Road and Pocksha Drive as shown on the plan entitled "Roadway Acceptance Plan Willow Point on Stoney Point Road and Pocksha Drive" Attorney Robert Mather was present on Zoom for the discussion..” (Motion: Battistini, second: Demers)

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

Continue the Roadway Acceptance Hearing for Willow Point on Stoney Point Road and Pocksha Drive to Monday, September 28, 2020 at 7:40 PM

Minutes, page 6

ApprovePassed · Unanimous, 5 present

To continue the Roadway Acceptance Hearing for Willow Point on Stoney Point Road and Pocksha Drive to Monday, September 28, 2020 at 7:40 PM

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Battistini, the Board voted unanimously to continue the Roadway Acceptance Hearing for Willow Point on Stoney Point Road and Pocksha Drive to Monday, September 28, 2020 at 7:40 PM. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye NEW BUSINESS (continued).” (Motion: Germain, second: Battistini)

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

Approve the step increase request for the Water Superintendent going from Step 5 to a Step 9

Minutes, page 6

ApprovePassed · 4–1

To approve the step increase request for the Water Superintendent going from Step 5 to a Step 9

Yes: Battistini, Dalpe, Demers, GermainNo: Rosenthal

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Battistini, the Board voted to approve the step increase request for the Water Superintendent going from Step 5 to a Step 9. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Nay.” (Motion: Demers, second: Battistini)

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

(1) That the Town shall issue a bond or bonds in the aggregate principal amount not to exceed $500,000 (the "Bonds'') pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town...

Minutes, page 6

ApprovePassed · No count or names in the minutes

(1) That the Town shall issue a bond or bonds in the aggregate principal amount not to exceed $500,000 (the "Bonds'') pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town passed October 15, 2019 (Article 15), which authorized a total borrowing of $500,000, for a community septic management loan program (the "Project'');

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

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Rosenthal, the Board voted (1) That the Town shall issue a bond or bonds in the aggregate principal amount not to exceed $500,000 (the "Bonds'') pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town passed October 15, 2019 (Article 15), which authorized a total borrowing of $500,000, for a community septic management loan program (the "Project'');.” (Motion: Demers, second: Rosenthal)

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

Declare surplus a shed at the Animal Shelter as requested

Minutes, page 7

ApprovePassed · Unanimous, 5 present

To declare surplus a shed at the Animal Shelter as requested

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted unanimously to declare surplus a shed at the Animal Shelter as requested..” (Motion: Germain, second: Demers)

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

Declare surplus four vehicles form the Police Department as requested

Minutes, page 7

ApprovePassed · No count or names in the minutes

To declare surplus four vehicles form the Police Department as requested

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

From the minutes

“Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to declare surplus four vehicles form the Police Department as requested..” (Motion: Germain, second: Demers)

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

Approve and sig a Notice of Betterment Agreement for Joseph & Susan Dillon, 41 Charmark Circle in the amount of $17,145

Minutes, page 7

ApprovePassed · Unanimous, 5 present

To approve and sig a Notice of Betterment Agreement for Joseph & Susan Dillon, 41 Charmark Circle in the amount of $17,145

From the minutes

“Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to approve and sig a Notice of Betterment Agreement for Joseph & Susan Dillon, 41 Charmark Circle in the amount of $17,145. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Germain, second: Demers)

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

Approve One Day All Alcohol Liquor License for Erin Williams, Bogside Acres for an event to be held on October 2, 2020 from 6 pm to 10 pm at 6 Pine St, Middleborough

Minutes, page 7

ApprovePassed · Unanimous, 5 present

To approve One Day All Alcohol Liquor License for Erin Williams, Bogside Acres for an event to be held on October 2, 2020 from 6 pm to 10 pm at 6 Pine St, Middleborough

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Rosenthal, the Board voted to approve One Day All Alcohol Liquor License for Erin Williams, Bogside Acres for an event to be held on October 2, 2020 from 6 pm to 10 pm at 6 Pine St, Middleborough. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Germain, second: Rosenthal)

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

Accept a donation of an antique dresser and bed for the Oliver House

Minutes, page 8

ApprovePassed · Unanimous, 5 present

To accept a donation of an antique dresser and bed for the Oliver House

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Demers, the Board voted to accept a donation of an antique dresser and bed for the Oliver House. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye TOWN MANAGERS REPORT.” (Motion: Rosenthal, second: Demers)

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

Ratify the appointment of Larissa A

Minutes, page 9

AppointPassed · 4–0

To ratify the appointment of Larissa A

Yes: Dalpe, Demers, Germain, RosenthalAbstained: Battistini

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Germain, the Board voted to ratify the appointment of Larissa A. Hansen Hallgren as an Associate Member to the Historical Commission with a term to expire on June 30, 2021. Polled vote: Selectmen A. Battistini - Abstains, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye COMMITTEES, COMMISSIONS AND BOARDS There is nothing reported..” (Motion: Rosenthal, second: Germain)

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

Adjourn at 9:45 PM

Minutes, page 9

ProceduralPassed · Unanimous, 5 present

To adjourn at 9:45 PM

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to adjourn at 9:45 PM. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye..” (Motion: Germain, second: Demers)

Read it in the official minutes, page 9 (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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