← Middleborough Select Board

Middleborough Select Board · 2022–2023 Board · Regular meeting

June 13, 2022

20 recorded votes, 14 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Arthur Battistini, Mark Germain, Brian Giovanoni, Nathan Demers, Neil Rosenthal

Absent: None

During the meeting:

  • Mark Germain stepped off the Board for an item (7:24 PM)
  • Mark Germain back on the Board for the next item (the minutes say the recusal was for that item only)

Every vote, in order

Authorize the Chairman or his designee to sign the Warrants for Week(s) ending 6/18/2022 & 6/25/2022

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To authorize the Chairman or his designee to sign the Warrants for Week(s) ending 6/18/2022 & 6/25/2022

From the minutes

“Upon motion made by Selectmen Giovanoni and seconded by Selectmen Battistini, the Board voted unanimously to authorize the Chairman or his designee to sign the Warrants for Week(s) ending 6/18/2022 & 6/25/2022..” (Motion: Giovanoni, second: Battistini)

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

Approve and sign the Order of Abatement for the Brookside Betterment Case as indicated

Minutes, page 2

Adopt orderPassed · 3–2

To approve and sign the Order of Abatement for the Brookside Betterment Case as indicated

Yes: Battistini, Germain, RosenthalNo: Demers, Giovanoni

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Battistini, the Board voted to approve and sign the Order of Abatement for the Brookside Betterment Case as indicated. Motion Carries. 3-2-0 (Selectmen N. Demers and B. Giovanoni against).” (Motion: Rosenthal, second: Battistini)

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

Sign the Order of Taking for Gateway Lane and Paddock Circle as presented

Minutes, page 2

Adopt orderPassed · Unanimous, 5 present

To sign the Order of Taking for Gateway Lane and Paddock Circle as presented

From the minutes

“Upon motion made by Selectmen Giovanoni and seconded by Selectmen Battistini, the Board voted unanimously to sign the Order of Taking for Gateway Lane and Paddock Circle as presented..” (Motion: Giovanoni, second: Battistini)

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

Approve the contract amendment for Wright Peirce to provide Electrical Submittal Review on the Elevated Water Tank project

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To approve the contract amendment for Wright Peirce to provide Electrical Submittal Review on the Elevated Water Tank project

From the minutes

“Upon motion made by Selectmen Giovanoni and seconded by Selectmen Battistini, the Board voted unanimously to approve the contract amendment for Wright Peirce to provide Electrical Submittal Review on the Elevated Water Tank project..” (Motion: Giovanoni, second: Battistini)

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

Sign the Easement Deed, as authorized through Town Meeting, for 65 Sachem Street

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To sign the Easement Deed, as authorized through Town Meeting, for 65 Sachem Street

From the minutes

“Upon motion made by Selectmen Giovanoni and seconded by Selectmen Demers, the Board voted unanimously to sign the Easement Deed, as authorized through Town Meeting, for 65 Sachem Street..” (Motion: Giovanoni, second: Demers)

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

Approve and sign the COMCAST Franchise Agreement as presented

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To approve and sign the COMCAST Franchise Agreement as presented

From the minutes

“Upon motion made by Selectmen Rosenthal and seconded by Selectmen Demers, the Board voted unanimously to approve and sign the COMCAST Franchise Agreement as presented..” (Motion: Rosenthal, second: Demers)

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

Suspend the ARL Healthcare $50,000 Development Fee payment due September 2021 and September 2022 to allow for further State guidance on the fee

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To suspend the ARL Healthcare $50,000 Development Fee payment due September 2021 and September 2022 to allow for further State guidance on the fee

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 Giovanoni and seconded by Selectmen Rosenthal, the Board voted unanimously to suspend the ARL Healthcare $50,000 Development Fee payment due September 2021 and September 2022 to allow for further State guidance on the fee..” (Motion: Giovanoni, second: Rosenthal)

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

Award the Fire Chief Assessment contract to John Parow Consulting & Associates in the amount of $6,250

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To award the Fire Chief Assessment contract to John Parow Consulting & Associates in the amount of $6,250

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 Demers and seconded by Selectmen Giovanoni, the Board voted unanimously to award the Fire Chief Assessment contract to John Parow Consulting & Associates in the amount of $6,250..” (Motion: Demers, second: Giovanoni)

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

Open the Special Town Meeting Warrant to be held on October 3, 2022 and to close the Warrant on August 12, 2022

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To open the Special Town Meeting Warrant to be held on October 3, 2022 and to close the Warrant on August 12, 2022

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 Giovanoni and seconded by Selectmen Battistini, the Board voted unanimously to open the Special Town Meeting Warrant to be held on October 3, 2022 and to close the Warrant on August 12, 2022..” (Motion: Giovanoni, second: Battistini)

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

NOT Exercise Its Right of First Refusal on the Wareham Street property, Assessors Map 94, Lot 5379

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To NOT Exercise Its Right of First Refusal on the Wareham Street property, Assessors Map 94, Lot 5379

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 Giovanoni and seconded by Selectmen Battistini, the Board voted unanimously to NOT Exercise Its Right of First Refusal on the Wareham Street property, Assessors Map 94, Lot 5379..” (Motion: Giovanoni, second: Battistini)

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

NOT Exercise Its Right of First Refusal on the Wareham Street property, Assessors Map 088, Lot 5733

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To NOT Exercise Its Right of First Refusal on the Wareham Street property, Assessors Map 088, Lot 5733

Mark Germain had stepped off the Board for this item and is left out of this vote.

From the minutes

“Chapter 61 Forestry Land – Wareham Street Assessors Map 088, Lot 5733 Upon motion made by Selectmen Giovanoni and seconded by Selectmen Battistini, the Board voted unanimously to NOT Exercise Its Right of First Refusal on the Wareham Street property, Assessors Map 088, Lot 5733.” (Motion: Giovanoni, second: Battistini)

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

Approve six (6) Beer & Wine Licenses for Nemasket River Production show to be held on 6/17, 6/18, 6/19, 6/24, 6/25 and 6/26 from 4:30 PM to 7:00 PM at Oliver Mill Park

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To approve six (6) Beer & Wine Licenses for Nemasket River Production show to be held on 6/17, 6/18, 6/19, 6/24, 6/25 and 6/26 from 4:30 PM to 7:00 PM at Oliver Mill Park

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 Giovanoni and seconded by Selectmen Demers, the Board voted unanimously to approve six (6) Beer & Wine Licenses for Nemasket River Production show to be held on 6/17, 6/18, 6/19, 6/24, 6/25 and 6/26 from 4:30 PM to 7:00 PM at Oliver Mill Park..” (Motion: Giovanoni, second: Demers)

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

Reappoint Edward Pratt and Ellie Osborne to the Board of Library Trustees for a three year term to expire on June 30, 2025

Minutes, page 3

AppointPassed · Unanimous, 4 present

To reappoint Edward Pratt and Ellie Osborne to the Board of Library Trustees for a three year term to expire on June 30, 2025

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 Giovanoni and seconded by Selectmen Rosenthal, the Board voted unanimously to reappoint Edward Pratt and Ellie Osborne to the Board of Library Trustees for a three year term to expire on June 30, 2025..” (Motion: Giovanoni, second: Rosenthal)

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

Put a Request for Proposal out for Town Counsel

Minutes, page 4

ApproveFailed · No count or names in the minutes

To put a Request for Proposal out for Town Counsel

The minutes say the Board voted to do this but do not give a count or say it was unanimous. 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 put a Request for Proposal out for Town Counsel. Motion Does Not Carry..” (Motion: Rosenthal, second: Demers)

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

Accept the proposal of KP Law for July 1, 2022 through June 30, 2023 in the amount of $65,100 as presented

Minutes, page 4

ApprovePassed · 3–2

To accept the proposal of KP Law for July 1, 2022 through June 30, 2023 in the amount of $65,100 as presented

The count (3-2) does not add up to the 4 members the minutes show present, 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

“2-3-0 Upon motion made by Selectmen Giovanoni and seconded by Selectmen Battistin, the Board voted to accept the proposal of KP Law for July 1, 2022 through June 30, 2023 in the amount of $65,100 as presented. Motion Carries. 3-2-0.” (Motion: Giovanoni)

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

Approve and sign a contract with Jones Payne Architects & Planners in the amount of $29,868 to create an Adaptive Reuse Feasibility Study for the Peirce Building HEARINGS MEETINGS AND LICENSES

Minutes, page 4

ApprovePassed · Unanimous, 4 present

To approve and sign a contract with Jones Payne Architects & Planners in the amount of $29,868 to create an Adaptive Reuse Feasibility Study for the Peirce Building HEARINGS MEETINGS AND LICENSES

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 Giovanoni and seconded by Selectmen Rosenthal, the Board voted unanimously to approve and sign a contract with Jones Payne Architects & Planners in the amount of $29,868 to create an Adaptive Reuse Feasibility Study for the Peirce Building HEARINGS MEETINGS AND LICENSES.” (Motion: Giovanoni, second: Rosenthal)

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

Close the hearing

Minutes, page 4

ProceduralPassed · Unanimous, 4 present

To close the hearing

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 Demers and seconded by Selectmen Giovanoni, the Board voted unanimously to close the hearing..” (Motion: Demers, second: Giovanoni)

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

Approve the variance request for 303 Tispaquin Street allowing a reduction from required 200' down to 150'

Minutes, page 4

ApprovePassed · Unanimous, 4 present

To approve the variance request for 303 Tispaquin Street allowing a reduction from required 200' down to 150'

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 Giovanoni and seconded by Selectmen Demers, the Board voted unanimously to approve the variance request for 303 Tispaquin Street allowing a reduction from required 200' down to 150'..” (Motion: Giovanoni, second: Demers)

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

Continue this hearing to June 27, 2022, provided that Capeway Rovers is hereby expressly informed that overnight camping is not allowed on the property without a license from the Board of Health,...

Minutes, page 5

ProceduralPassed · Unanimous, 4 present

To continue this hearing to June 27, 2022, provided that Capeway Rovers is hereby expressly informed that overnight camping is not allowed on the property without a license from the Board of Health, which means that the premises must be completely vacated at 9:00 pm when the gate is closed and in continuing this hearing the Board is not waiving its right to assess fines if there are additional violations between now and then

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 Battistini and seconded by Selectmen Rosenthal, the Board voted unanimously to continue this hearing to June 27, 2022, provided that Capeway Rovers is hereby expressly informed that overnight camping is not allowed on the property without a license from the Board of Health, which means that the premises must be completely vacated at 9:00 pm when the gate is closed and in continuing this hearing the Board is not waiving its right to assess fines if there are additional violations between now and then..” (Motion: Battistini, second: Rosenthal)

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

Adjourn at 9:10 PM

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

To adjourn at 9:10 PM

From the minutes

“Upon motion made by Selectmen Giovanoni and seconded by Selectmen Battistini, the Board voted unanimously to adjourn at 9:10 PM..” (Motion: Giovanoni, second: Battistini)

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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