← Middleborough Select Board

Middleborough Select Board · 2020–2021 Board · Regular meeting

September 28, 2020

21 recorded votes, 5 with disagreement.

Sources: Official minutes (PDF)

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Attendance

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

Absent: None

During the meeting:

  • Nathan Demers stepped off the Board for an item (8:35 PM)

Every vote, in order

Approve the 8/31/2020 minutes as amended

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

To approve the 8/31/2020 minutes as amended

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to approve the 8/31/2020 minutes as amended. 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 1 (PDF)

Authorize the Chairman or her designee to sign the warrants for week ending 10/3/2020

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To authorize the Chairman or her designee to sign the warrants for week ending 10/3/2020

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to authorize the Chairman or her designee to sign the warrants for week ending 10/3/2020. 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 1 (PDF)

Get clarification from Town Counsel regarding having a quorum of three members of the Board of Selectmen on the Tourism Committee

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To get clarification from Town Counsel regarding having a quorum of three members of the Board of Selectmen on the Tourism Committee

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Germain, the Board voted to get clarification from Town Counsel regarding having a quorum of three members of the Board of Selectmen on the Tourism Committee. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Battistini, second: Germain)

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

Approve and sign an Agreement between Ocean Spray Cranberries, Inc. and the Town of Middleborough for Wastewater Services as indicated

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To approve and sign an Agreement between Ocean Spray Cranberries, Inc. and the Town of Middleborough for Wastewater Services as indicated

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Rosenthal, the Board voted to approve and sign an Agreement between Ocean Spray Cranberries, Inc. and the Town of Middleborough for Wastewater Services as indicated. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye Review Article 22 – Reduce, Recycle & Reuse Committee – Vote Recommendation Jeff Stevens, Reduce, Recycle & Recuse Committee Member was present through Zoom for the discussion..” (Motion: Germain, second: Rosenthal)

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

Recommend favorable action on Article 22

Minutes, page 3

ApprovePassed · 3–2

To recommend favorable action on Article 22

Yes: Dalpe, Demers, RosenthalNo: Battistini, Germain

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Germain, the Board voted to recommend favorable action on Article 22. Polled vote: Selectmen A. Battistini - Nay, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Nay and N. Rosenthal – Aye.” (Motion: Rosenthal, second: Germain)

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

Not exercise its Right of First Refusal on the Rocky Meadow property, Assessors Map 44, Lot 6036

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To not exercise its Right of First Refusal on the Rocky Meadow property, Assessors Map 44, Lot 6036

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Germain, the Board voted to not exercise its Right of First Refusal on the Rocky Meadow property, Assessors Map 44, Lot 6036. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Rosenthal, second: Germain)

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

Appoint Heather Montross to the Board of Library Trustees for a three year term to expire on June 20, 2023

Minutes, page 4

AppointPassed · Unanimous, 5 present

To appoint Heather Montross to the Board of Library Trustees for a three year term to expire on June 20, 2023

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Battistini, the Board voted to appoint Heather Montross to the Board of Library Trustees for a three year term to expire on June 20, 2023. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Germain, second: Battistini)

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

Approve a One Day Beer & Wine License for Bogside Acres, LLC/Harper Lane Brewery for an even to be held on Saturday, October 3, 2020 from 3 PM to 8 PM

Minutes, page 4

ApprovePassed · No count or names in the minutes

To approve a One Day Beer & Wine License for Bogside Acres, LLC/Harper Lane Brewery for an even to be held on Saturday, October 3, 2020 from 3 PM to 8 PM

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 Germain and seconded by Selectmen Demers, the Board voted to approve a One Day Beer & Wine License for Bogside Acres, LLC/Harper Lane Brewery for an even to be held on Saturday, October 3, 2020 from 3 PM to 8 PM..” (Motion: Germain, second: Demers)

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

Approve a One Day Beer & Wine License for Bogside Acres, LLC for an event to be held on Friday, October 9, 2020 from 3 PM to 8 PM

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To approve a One Day Beer & Wine License for Bogside Acres, LLC for an event to be held on Friday, October 9, 2020 from 3 PM to 8 PM

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 a One Day Beer & Wine License for Bogside Acres, LLC for an event to be held on Friday, October 9, 2020 from 3 PM to 8 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 4 (PDF)

Approve a One Day Beer & Wine License for Bogside Acres, LLC for an event to be held on Friday, November 6, 2020 from 5 PM to 10 PM

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To approve a One Day Beer & Wine License for Bogside Acres, LLC for an event to be held on Friday, November 6, 2020 from 5 PM to 10 PM

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted to approve a One Day Beer & Wine License for Bogside Acres, LLC for an event to be held on Friday, November 6, 2020 from 5 PM to 10 PM. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Battistini, second: Demers)

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

Appoint Angelo J. Lapanna to the Charter Study Committee to fill the vacancy left by Emily Surette

Minutes, page 4

AppointPassed · Unanimous, 5 present

To appoint Angelo J. Lapanna to the Charter Study Committee to fill the vacancy left by Emily Surette

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to appoint Angelo J. Lapanna to the Charter Study Committee to fill the vacancy left by Emily Surette. 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)

Close the Pole Hearing

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To close the Pole Hearing

From the minutes

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

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

Approve the joint pole placement request for Murdock Street as requested

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To approve the joint pole placement request for Murdock Street as requested

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Germain, the Board voted to approve the joint pole placement request for Murdock Street as requested. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Battistini, second: Germain)

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

Close the Elk Run Roadway Acceptance Hearing

Minutes, page 5

ApprovePassed · No count or names in the minutes

To close the Elk Run Roadway Acceptance Hearing

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 Rosenthal and seconded by Selectmen Germain, the Board voted to close the Elk Run Roadway Acceptance Hearing..” (Motion: Rosenthal, second: Germain)

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

Approve the Roadway Acceptance Layout of Elk Run as shown on the plans entitled "Roadway Acceptance Plan Elk Run on Elk Run Drive, prepared by Outback Engineering, Inc. dated January 29, 2020

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To approve the Roadway Acceptance Layout of Elk Run as shown on the plans entitled "Roadway Acceptance Plan Elk Run on Elk Run Drive, prepared by Outback Engineering, Inc. dated January 29, 2020

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 Battistini and seconded by Selectmen Germain, the Board voted to approve the Roadway Acceptance Layout of Elk Run as shown on the plans entitled "Roadway Acceptance Plan Elk Run on Elk Run Drive, prepared by Outback Engineering, Inc. dated January 29, 2020. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Battistini, second: Germain)

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

Recommend favorable action on Article 23

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To recommend favorable action on Article 23

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Demers, the Board voted to recommend favorable action on Article 23. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Rosenthal, second: Demers)

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

Close the Stony Point Road and Pocksha Drive Roadway Acceptance Hearing

Minutes, page 6

ApprovePassed · Unanimous, 5 present

To close the Stony Point Road and Pocksha Drive Roadway Acceptance Hearing

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Germain, the Board voted to close the Stony Point Road and Pocksha Drive Roadway Acceptance Hearing. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Rosenthal, second: Germain)

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

Approve the Roadway Acceptance Layout as shown on the plans entitled "Roadway Acceptance Plan Stony Point Road and Pocksha Drive, prepared by Outback Engineering, Inc. dated July 17, 2020

Minutes, page 6

ApprovePassed · Unanimous, 5 present

To approve the Roadway Acceptance Layout as shown on the plans entitled "Roadway Acceptance Plan Stony Point Road and Pocksha Drive, prepared by Outback Engineering, Inc. dated July 17, 2020

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Rosenthal, the Board voted to approve the Roadway Acceptance Layout as shown on the plans entitled "Roadway Acceptance Plan Stony Point Road and Pocksha Drive, prepared by Outback Engineering, Inc. dated July 17, 2020. 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 6 (PDF)

Recommend favorable action on Article 24

Minutes, page 6

ApprovePassed · Unanimous, 5 present

To recommend favorable action on Article 24

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Demers, the Board voted to recommend favorable action on Article 24. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Rosenthal, second: Demers)

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

Authorize the hiring of KP Law, outside counsel, to advise the Finance Committee in responding to an Open Meeting Law Complaint

Minutes, page 6

ApprovePassed · 5–0

To authorize the hiring of KP Law, outside counsel, to advise the Finance Committee in responding to an Open Meeting Law Complaint

The roll call names Nathan Demers, who the minutes do not show as present for this vote, so only the count is shown. Nathan Demers had stepped off the Board for this item and is left out of this vote.

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Rosenthal, the Board voted to authorize the hiring of KP Law, outside counsel, to advise the Finance Committee in responding to an Open Meeting Law Complaint. 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 6 (PDF)

Adjourn at 8:38 PM

Minutes, page 7

ProceduralPassed · 5–0

To adjourn at 8:38 PM

The roll call names Nathan Demers, who the minutes do not show as present for this vote, so only the count is shown. The minutes say Nathan Demers seconded it, but the minutes record that Nathan Demers stepped off the Board earlier and do not record a return. Nathan Demers had stepped off the Board for this item and is left out of this vote.

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to adjourn at 8:38 PM. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye..” (Motion: Germain)

Read it in the official minutes, page 7 (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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