← Middleborough Select Board

Middleborough Select Board · 2020–2021 Board · Regular meeting

October 5, 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

Authorize the Chairman or her designee to sign the warrants for week(s) ending 10/10/2020 & 10/17/2020

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To authorize the Chairman or her designee to sign the warrants for week(s) ending 10/10/2020 & 10/17/2020

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Battistini, the Board voted to authorize the Chairman or her designee to sign the warrants for week(s) ending 10/10/2020 & 10/17/2020. 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 1 (PDF)

Approve and sign a Host Community and a Development Agreement for 7 Leaf Gardens – 370 Wareham Street

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To approve and sign a Host Community and a Development Agreement for 7 Leaf Gardens – 370 Wareham Street

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Rosenthal, the Board voted to approve and sign a Host Community and a Development Agreement for 7 Leaf Gardens – 370 Wareham Street. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Battistini, second: Rosenthal)

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

Approve and sign a Host Community for Ember Gardens – 370 Wareham Street

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To approve and sign a Host Community for Ember Gardens – 370 Wareham Street

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Rosenthal, the Board voted to approve and sign a Host Community for Ember Gardens – 370 Wareham Street. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Battistini, second: Rosenthal)

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

Sign the warrant for the State/Presidential election of November 3, 2020 as presented

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To sign the warrant for the State/Presidential election of November 3, 2020 as presented

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to sign the warrant for the State/Presidential election of November 3, 2020 as presented. 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 2 (PDF)

Accept the formal response from KP Law as the Board's response to the Open Meeting Law Violation that is dated September 24, 2020

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To accept the formal response from KP Law as the Board's response to the Open Meeting Law Violation that is dated September 24, 2020

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted to accept the formal response from KP Law as the Board's response to the Open Meeting Law Violation that is dated September 24, 2020. 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 2 (PDF)

Authorize the YMCA – Camp Yomechas to do the necessary clean up as indicated in their Notice of Intent Emergency clean up dated September 15, 2020

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To authorize the YMCA – Camp Yomechas to do the necessary clean up as indicated in their Notice of Intent Emergency clean up dated September 15, 2020

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted to authorize the YMCA – Camp Yomechas to do the necessary clean up as indicated in their Notice of Intent Emergency clean up dated September 15, 2020. 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 2 (PDF)

Aware the Road Salt, magnesium and Calcium Chloride Bids for FY '21 as indicated

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To aware the Road Salt, magnesium and Calcium Chloride Bids for FY '21 as indicated

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted to authorize the YMCA – Camp Yomechas to do the necessary clean up as indicated in their Notice of Intent Emergency clean up dated September 15, 2020. 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 aware the Road Salt, magnesium and Calcium Chloride Bids for FY '21 as indicated. 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 2 (PDF)

Approve a One Day Beer & Wine License for Harper Lane Brewery, LLC/Soule Homestead for an event to be held on Saturday, October 17, 2020 from 2 PM to 7 PM

Minutes, page 3

ApprovePassed · No count or names in the minutes

To approve a One Day Beer & Wine License for Harper Lane Brewery, LLC/Soule Homestead for an event to be held on Saturday, October 17, 2020 from 2 PM to 7 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 Demers and seconded by Selectmen Germain, the Board voted to approve a One Day Beer & Wine License for Harper Lane Brewery, LLC/Soule Homestead for an event to be held on Saturday, October 17, 2020 from 2 PM to 7 PM..” (Motion: Demers, second: Germain)

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

Approve a One Day Beer & Wine License for Bogside Acers, LLC/Tap Truck for an event to be held on Saturday, October 10, 2020 from 3 PM to 8 PM

Minutes, page 3

ApprovePassed · No count or names in the minutes

To approve a One Day Beer & Wine License for Bogside Acers, LLC/Tap Truck for an event to be held on Saturday, October 10, 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

“Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted to approve a One Day Beer & Wine License for Bogside Acers, LLC/Tap Truck for an event to be held on Saturday, October 10, 2020 from 3 PM to 8 PM..” (Motion: Demers, second: Germain)

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

Approve a One Day Beer & Wine License for Bogside Acers, LLC/Tap Truck for an event to be held on Sunday, October 11, 2020 from 3 PM to 8 PM

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To approve a One Day Beer & Wine License for Bogside Acers, LLC/Tap Truck for an event to be held on Sunday, October 11, 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 Demers and seconded by Selectmen Germain, the Board voted to approve a One Day Beer & Wine License for Bogside Acers, LLC/Tap Truck for an event to be held on Sunday, October 11, 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 Review Article 2 of the STM Warrant FY '21 Supplemental Appropriation R. Nunes, Town Manager, reviewed with the Board the supplemental items that are being proposed for the Town approval at the Special Town Meeting..” (Motion: Demers, second: Germain)

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

Recommend favorable action on Article 2 of the Special Town Meeting

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To recommend favorable action on Article 2 of the Special Town Meeting

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Rosenthal, the Board voted to recommend favorable action on Article 2 of the Special Town Meeting. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye HEARINGS, MEETINGS AND LICENSES.” (Motion: Germain, second: Rosenthal)

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

Close the Earth Removal Hearing for 140-142 E. Grove Street

Minutes, page 3

ApprovePassed · No count or names in the minutes

To close the Earth Removal Hearing for 140-142 E. Grove Street

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 Germain, the Board voted to close the Earth Removal Hearing for 140-142 E. Grove Street..” (Motion: Demers, second: Germain)

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

Approve the Earth Removal Permit for 140-142 E. Grove Street, Assessors Map 065, Lot 3965 & 4791 subject to the Order of Conditions

Minutes, page 3

Adopt orderPassed · Unanimous, 5 present

To approve the Earth Removal Permit for 140-142 E. Grove Street, Assessors Map 065, Lot 3965 & 4791 subject to the Order of Conditions

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 Rosenthal and seconded by Selectmen Demers, the Board voted to approve the Earth Removal Permit for 140-142 E. Grove Street, Assessors Map 065, Lot 3965 & 4791 subject to the Order of Conditions. 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 3 (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 4

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, November 2, 2020 at 7:30 PM

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, 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, November 2, 2020 at 7:30 PM. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye NEW HEARING – Earth Removal for Allen & Majors Associates, Inc. for property located at 30 Commerce Blvd. Assessors Map 039, Lots 2754, 2769 & 3539.” (Motion: Germain, second: Demers)

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

Close the Earth Removal Hearing for 30 Commerce Blvd

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To close the Earth Removal Hearing for 30 Commerce Blvd

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Germain, the Board voted to close the Earth Removal Hearing for 30 Commerce Blvd. 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 4 (PDF)

Approve the Earth Removal Permit for 30 Commerce Blvd, Assessors Map 039, Lot 2754, 2769 & 3539 subject to the Order of Conditions as outlined

Minutes, page 4

Adopt orderPassed · Unanimous, 5 present

To approve the Earth Removal Permit for 30 Commerce Blvd, Assessors Map 039, Lot 2754, 2769 & 3539 subject to the Order of Conditions as outlined

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Germain, the Board voted to close the Earth Removal Hearing for 30 Commerce Blvd. 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 Demers, the Board voted to approve the Earth Removal Permit for 30 Commerce Blvd, Assessors Map 039, Lot 2754, 2769 & 3539 subject to the Order of Conditions as outlined. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye EXECUTIVE SESSION.” (Motion: Battistini, second: Germain)

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

Enter into Executive Session to return to Open Session for the pursuant to G.L. c. 30A, ss 21(a)(3) to discuss litigation strategy in the case of Hometown America v

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

At 8:05 PM to enter into Executive Session to return to Open Session for the pursuant to G.L. c. 30A, ss 21(a)(3) to discuss litigation strategy in the case of Hometown America v. Town of Middleborough, United States District Court, C.A. No. 20-CV-11749-LTS, if discussing the matter in open session will have a detrimental effect on the Town's litigating position and the Chair so declares

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Rosenthal, the Board voted at 8:05 PM to enter into Executive Session to return to Open Session for the pursuant to G.L. c. 30A, ss 21(a)(3) to discuss litigation strategy in the case of Hometown America v. Town of Middleborough, United States District Court, C.A. No. 20-CV-11749-LTS, if discussing the matter in open session will have a detrimental effect on the Town's litigating position and the Chair so declares. . Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Aye and N. Rosenthal – Aye.” (Motion: Demers, second: Rosenthal)

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

Support the renaming of the Rochester Road Bridge/Pine Street Bridge to be official named "Medal of Honor' bridge

Minutes, page 5

ApprovePassed · No count or names in the minutes

To support the renaming of the Rochester Road Bridge/Pine Street Bridge to be official named "Medal of Honor' bridge

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 support the renaming of the Rochester Road Bridge/Pine Street Bridge to be official named "Medal of Honor' bridge..” (Motion: Rosenthal, second: Germain)

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

Adjourn at 9:00 PM

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

To adjourn at 9:00 PM

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted to adjourn at 9:00 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 5 (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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