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Middleborough Select Board · 2021–2022 Board · Regular meeting

January 3, 2022

13 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF)

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Attendance

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

Absent: None

Every vote, in order

Enter into Executive Session to return to Open Session to conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract...

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

To enter into Executive Session to return to Open Session to conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel (GMEG)

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted to enter into Executive Session to return to Open Session to conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel (GMEG). Polled Vote: Selectmen L. Dalpe - Aye, A. Battistini - Aye, N. Demers - Aye, M. Germain - Aye and N. Rosenthal – Aye..” (Motion: Demers, second: Germain)

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

Place the Veteran's Agent Position at the Technical Services Step Two

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To place the Veteran's Agent Position at the Technical Services Step Two

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted unanimously to place the Veteran's Agent Position at the Technical Services Step Two..” (Motion: Demers, second: Germain)

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

Enter into Executive Session, to return to Open Session, under G.L. 30A, §21(a)(6) to consider the purchase, exchange, lease or value of real property if the Chair declares that an open meeting...

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

To enter into Executive Session, to return to Open Session, under G.L. 30A, §21(a)(6) to consider the purchase, exchange, lease or value of real property if the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body – the parcels of land located on West Grove Street, identified by the Assessors as Parcel 048-3042, Parcel 048-03832, and Parcel 048-3165

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted to enter into Executive Session, to return to Open Session, under G.L. 30A, §21(a)(6) to consider the purchase, exchange, lease or value of real property if the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body – the parcels of land located on West Grove Street, identified by the Assessors as Parcel 048-3042, Parcel 048-03832, and Parcel 048-3165. Polled vote: Selectmen L. Dalpe - Aye, A. Battistini - Aye, N. Demers - Aye, M. Germain - Aye and N. Rosenthal – Aye..” (Motion: Demers, second: Germain)

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

Authorize KP Law to prepare a Request for Proposal (RFP) for the sale of Town Property in Exchange for land with water source and contingent on Town Meeting approval

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To authorize KP Law to prepare a Request for Proposal (RFP) for the sale of Town Property in Exchange for land with water source and contingent on Town Meeting approval

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Germain, the Board voted unanimously to authorize KP Law to prepare a Request for Proposal (RFP) for the sale of Town Property in Exchange for land with water source and contingent on Town Meeting approval..” (Motion: Battistini, second: Germain)

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

Authorize the Chair or her designee to sign the Warrants for week ending 1/8/2022

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To authorize the Chair or her designee to sign the Warrants for week ending 1/8/2022

From the minutes

“WARRANTS Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted unanimously to authorize the Chair or her designee to sign the Warrants for week ending 1/8/2022..” (Motion: Germain, second: Demers)

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

Have KP Law compile a letter to send to the State Agencies and incorporate all the written comments and spoken concerns of the Farland Estates 40B project to be signed by the Board of Selectmen

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To have KP Law compile a letter to send to the State Agencies and incorporate all the written comments and spoken concerns of the Farland Estates 40B project to be signed by the Board of Selectmen

From the minutes

“Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted unanimously to have KP Law compile a letter to send to the State Agencies and incorporate all the written comments and spoken concerns of the Farland Estates 40B project to be signed by the Board of Selectmen..” (Motion: Demers, second: Germain)

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

Pursuant to G.L.c. 61A to exercise the Town's Right of First Refusal to purchase the parcels of land identified by the Assessor as Parcels 041-466, 031-6082, 031-5272, 031-4447 and 031-3687, and...

Minutes, page 3

ApprovePassed · Unanimous, 5 present

That pursuant to G.L.c. 61A to exercise the Town's Right of First Refusal to purchase the parcels of land identified by the Assessor as Parcels 041-466, 031-6082, 031-5272, 031-4447 and 031-3687, and to execute a Notice of Exercise of Right of First Refusal and a purchase and sale agreement with the sellers, which purchase shall be contingent on Town Meeting authorization and appropriation

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Battistini, the Board voted unanimously that pursuant to G.L.c. 61A to exercise the Town's Right of First Refusal to purchase the parcels of land identified by the Assessor as Parcels 041-466, 031-6082, 031-5272, 031-4447 and 031-3687, and to execute a Notice of Exercise of Right of First Refusal and a purchase and sale agreement with the sellers, which purchase shall be contingent on Town Meeting authorization and appropriation..” (Motion: Germain, second: Battistini)

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

Open the Special and Annual Town Meeting Warrants to be held on April 25, 2022 and to close the Warrant on March 11, 2022

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To open the Special and Annual Town Meeting Warrants to be held on April 25, 2022 and to close the Warrant on March 11, 2022

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Battistini, the Board voted unanimously to open the Special and Annual Town Meeting Warrants to be held on April 25, 2022 and to close the Warrant on March 11, 2022.” (Motion: Germain, second: Battistini)

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

Close the hearing

Minutes, page 4

ProceduralPassed · Unanimous, 5 present

To close the hearing

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted unanimously to close the hearing..” (Motion: Battistini, second: Demers)

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

Grant the variance of a reduction of the setback of the proposed septic tank from the property line from 10' to a minimum of 5' per 310 CMR Section 15.405(1)(a) and a reduction of the setback of...

Minutes, page 4

ApprovePassed · 3–2

To grant the variance of a reduction of the setback of the proposed septic tank from the property line from 10' to a minimum of 5' per 310 CMR Section 15.405(1)(a) and a reduction of the setback of the proposed leach field from the property line from 10' to a minimum of 5' per 310CMR Section 15.405(1)(a) and require a yearly test, for three years, of nitrate testing

Yes: Battistini, Demers, RosenthalNo: Dalpe, Germain

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Battistini, the Board voted to grant the variance of a reduction of the setback of the proposed septic tank from the property line from 10' to a minimum of 5' per 310 CMR Section 15.405(1)(a) and a reduction of the setback of the proposed leach field from the property line from 10' to a minimum of 5' per 310CMR Section 15.405(1)(a) and require a yearly test, for three years, of nitrate testing. Motion Carries. 3-2-0 (Selectmen Dalpe and Selectmen Germain against.).” (Motion: Rosenthal, second: Battistini)

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

Close the hearing

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

To close the hearing

From the minutes

“Upon motion made by Selectmen Germain and seconded by Selectmen Demers, the Board voted unanimously to close the hearing..” (Motion: Germain, second: Demers)

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

Ratify the April 13, 2021 Health Officer's local upgrade approval as follows: 1

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To ratify the April 13, 2021 Health Officer's local upgrade approval as follows: 1. Increase in the maximum allowable depth of the septic tank from 36" to 72" below finish grade per 310 CMR 15.405(1)(b)

From the minutes

“Upon motion made by Selectmen Battistini and seconded by Selectmen Demers, the Board voted unanimously to ratify the April 13, 2021 Health Officer's local upgrade approval as follows: 1. Increase in the maximum allowable depth of the septic tank from 36" to 72" below finish grade per 310 CMR 15.405(1)(b)..” (Motion: Battistini, second: Demers)

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

Adjourn at 8:30 PM

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

To adjourn at 8:30 PM

From the minutes

“ADJOURNMENT Upon motion made by Selectmen Demers and seconded by Selectmen Germain, the Board voted unanimously to adjourn at 8:30 PM..” (Motion: Demers, second: Germain)

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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