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Middleborough Select Board · 2020–2021 Board · Regular meeting

October 26, 2020

7 recorded votes, 1 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:

  • Mark Germain stepped off the Board for an item
  • Mark Germain stepped back onto the Board

Every vote, in order

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

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

To enter into Executive Session to return to Open Session 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 with ha a detrimental effect on the Town's litigating position and the Chair so declares

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to enter into Executive Session to return to Open Session 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 with ha 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: Germain, second: Demers)

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

Approve the 9/29/2020 minutes as presented

Minutes, page 2

ProceduralPassed · Unanimous, 5 present

To approve the 9/29/2020 minutes as presented

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Battistini, the Board voted to approve the 9/29/2020 minutes as presented. 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 2 (PDF)

Authorize the Chairman or her Designee to sign the warrants for week ending 10/31/2020

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To authorize the Chairman or her Designee to sign the warrants for week ending 10/31/2020

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 ending 10/31/2020. 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 2 (PDF)

Accept the formal response from KP Law as the Board's response to the Open Meeting Law Violation that is dated October 8, 2020

Minutes, page 3

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 October 8, 2020

From the minutes

“Upon motion made by Selectmen Germain 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 October 8, 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 3 (PDF)

Approve the renewal of two (2) Recreational Marijuana Licenses on for ARL Healthcare at 29 Harding Street and one for Seven Points of Massachusetts at 461 Wareham St

Minutes, page 4

ApprovePassed · 4–0

To approve the renewal of two (2) Recreational Marijuana Licenses on for ARL Healthcare at 29 Harding Street and one for Seven Points of Massachusetts at 461 Wareham St

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

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Demers, the Board voted to approve the renewal of two (2) Recreational Marijuana Licenses on for ARL Healthcare at 29 Harding Street and one for Seven Points of Massachusetts at 461 Wareham St. Polled vote: Selectmen A. Battistini - Aye, L. Dalpe - Aye, N. Demers - Aye, M. Germain – Abstains and N. Rosenthal – Aye.” (Motion: Rosenthal, second: Demers)

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

Continue the Variance Request for 13 & 17 Kings Way to Monday, November 23, 2020 at 7:30 PM

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To continue the Variance Request for 13 & 17 Kings Way to Monday, November 23, 2020 at 7:30 PM

From the minutes

“Upon motion made by Selectmen Battistini seconded by Selectmen Germain, the Board voted to continue the Variance Request for 13 & 17 Kings Way to Monday, November 23, 2020 at 7:30 PM. 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)

Adjourn at 8:48 PM

Minutes, page 6

ProceduralPassed · Unanimous, 5 present

To adjourn at 8:48 PM

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted to adjourn at 8:48 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 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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