← Middleborough Select Board

Middleborough Select Board · 2022–2023 Board · Regular meeting

December 5, 2022

22 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF)

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Attendance

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

Absent: None

During the meeting:

  • Neil Rosenthal stepped off the Board for an item (7:20 PM)
  • Neil Rosenthal stepped back onto the Board (7:25 PM)
  • Neil Rosenthal stepped off the Board for an item (7:35 PM)
  • Neil Rosenthal stepped back onto the Board

Every vote, in order

Enter into Executive Session to return to Open Session under MGL c.30A, §21 (a)(6) to consider the purchase, exchange, lease or value of real estate located at 13 School Street, Assessors Parcels...

Minutes, page 1

ProceduralPassed · No count or names in the minutes

To enter into Executive Session to return to Open Session under MGL c.30A, §21 (a)(6) to consider the purchase, exchange, lease or value of real estate located at 13 School Street, Assessors Parcels 50P-5474 and 50P-6134, if the Chair declares that discussing the matter in open session will have a detrimental effect on the Town's negotiating position

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 Select Board Member B. Giovanoni and seconded by Select Board Member A. Battistini, the Board voted to enter into Executive Session to return to Open Session under MGL c.30A, §21 (a)(6) to consider the purchase, exchange, lease or value of real estate located at 13 School Street, Assessors Parcels 50P-5474 and 50P-6134, if the Chair declares that discussing the matter in open session will have a detrimental effect on the Town's negotiating position..” (Motion: Giovanoni, second: Battistini)

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

Authorize the Chairman or his designee to sign the watrants for weeks ending, 12/10/2022, 12/17/2022, 12/24/2022, 12/31/202 and 1/7/2022

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To authorize the Chairman or his designee to sign the watrants for weeks ending, 12/10/2022, 12/17/2022, 12/24/2022, 12/31/202 and 1/7/2022

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member A. Battistini, the Board voted unanimously to authorize the Chairman or his designee to sign the watrants for weeks ending, 12/10/2022, 12/17/2022, 12/24/2022, 12/31/202 and 1/7/2022..” (Motion: Giovanoni, second: Battistini)

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

Approve the 10/17/2022 & 11/7/2022 minutes as presented

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

To approve the 10/17/2022 & 11/7/2022 minutes as presented

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Demers, the Board voted unanimously to approve the 10/17/2022 & 11/7/2022 minutes as presented..” (Motion: Giovanoni, second: Demers)

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

Consent to a reduction of the 120 day notice period for the Agricultural Preservation Restriction form the 120 days down to 60 days and sign the presented document

Minutes, page 1

ApprovePassed · Unanimous, 5 present

To consent to a reduction of the 120 day notice period for the Agricultural Preservation Restriction form the 120 days down to 60 days and sign the presented document

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Rosenthal, the Board voted unanimously to consent to a reduction of the 120 day notice period for the Agricultural Preservation Restriction form the 120 days down to 60 days and sign the presented document..” (Motion: Giovanoni, second: Rosenthal)

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

In accordance with the October 3, 2022 Town Meeting acceptance of c. 32B, § 9D 4, the Select Board resolves that: 1

Minutes, page 2

ApprovePassed · Unanimous, 5 present

That in accordance with the October 3, 2022 Town Meeting acceptance of c. 32B, § 9D 4, the Select Board resolves that: 1. The surviving spouse of a Town employee/retiree ("employee") who is enrolled in a Town health insurance plan through the employee at the time of the employee's death, and who opts to continue coverage under the appropriate Town plan, will pay the same percentage of the premium cost for that plan that was in place for the employee at death

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Demers, the Board voted unanimously that in accordance with the October 3, 2022 Town Meeting acceptance of c. 32B, § 9D 4, the Select Board resolves that: 1. The surviving spouse of a Town employee/retiree ("employee") who is enrolled in a Town health insurance plan through the employee at the time of the employee's death, and who opts to continue coverage under the appropriate Town plan, will pay the same percentage of the premium cost for that plan that was in place for the employee at death..” (Motion: Giovanoni, second: Demers)

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

Adopt the regulation Restricting the Sale of Tobacco Products as revised and effective as of January 1, 2023

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To adopt the regulation Restricting the Sale of Tobacco Products as revised and effective as of January 1, 2023

From the minutes

“Upon motion made by Select Board Member B. Govanoni and seconded by Select Board Member A. Battistini, the Board voted unanimously to adopt the regulation Restricting the Sale of Tobacco Products as revised and effective as of January 1, 2023..” (second: Battistini)

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

Adopt the regulation for the Certification of Food Handlers in Food Sanitation as revised and effective as of January 1, 2023

Minutes, page 2

ApprovePassed · 4–0

To adopt the regulation for the Certification of Food Handlers in Food Sanitation as revised and effective as of January 1, 2023

Yes: Demers, Germain, Giovanoni, RosenthalAbstained: Battistini

From the minutes

“Upon motion made by Select Board Member B. Govanoni and seconded by Select Board Member N. Rosenthal, the Board voted to adopt the regulation for the Certification of Food Handlers in Food Sanitation as revised and effective as of January 1, 2023. Motion Carries. 4-0-1 (4. Battistini abstains).” (second: Rosenthal)

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

Adopt the regulation for Sewage Disposal Regulations as revised and effective January 1, 2023

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To adopt the regulation for Sewage Disposal Regulations as revised and effective January 1, 2023

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Rosenthal, the Board voted unanimously to adopt the regulation for Sewage Disposal Regulations as revised and effective January 1, 2023..” (Motion: Giovanoni, second: Rosenthal)

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

Approve a Change of Manager and Transfer of Stock for Role Enterprise, Inc. d/b/a The Central Café, 254 Center Street

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To approve a Change of Manager and Transfer of Stock for Role Enterprise, Inc. d/b/a The Central Café, 254 Center Street

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member A. Battistini, the Board voted unanimously to approve a Change of Manager and Transfer of Stock for Role Enterprise, Inc. d/b/a The Central Café, 254 Center Street..” (Motion: Giovanoni, second: Battistini)

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

Approve a Change of Manager for Boston Tavern, 58 East Grove Street as indicated

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To approve a Change of Manager for Boston Tavern, 58 East Grove Street as indicated

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member A. Battistini, the Board voted unanimously to approve a Change of Manager for Boston Tavern, 58 East Grove Street as indicated..” (Motion: Giovanoni, second: Battistini)

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

Approve a Common Victualler License for "The Local Eatery" located at 16 Wareham St. 4-0-1 (NV

Minutes, page 3

ApprovePassed · 4–0

To approve a Common Victualler License for "The Local Eatery" located at 16 Wareham St. 4-0-1 (NV

The minutes name Neil Rosenthal in this vote, but the minutes do not show that member as present, so only the count is shown. Neil Rosenthal had stepped off the Board for this item and is left out of this vote.

From the minutes

“Upon motion made by Select Board Member A. Battistini and seconded by Select Board Member B. Giovanoni, the Board voted to approve a Common Victualler License for "The Local Eatery" located at 16 Wareham St. 4-0-1 (NV. Rosenthal abstains).” (Motion: Battistini, second: Giovanoni)

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

Appoint Christopher Peck and Donna Jolin to the South Shore Recycling Co-Op for a three year term to expire in June 30, 2025

Minutes, page 3

AppointPassed · Unanimous, 5 present

To appoint Christopher Peck and Donna Jolin to the South Shore Recycling Co-Op for a three year term to expire in June 30, 2025

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Demers, the Board voted unanimously to appoint Christopher Peck and Donna Jolin to the South Shore Recycling Co-Op for a three year term to expire in June 30, 2025..” (Motion: Giovanoni, second: Demers)

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

Approve and sign a Notice of Betterment Agreement for Robert & Denise Dow, 565 Plymouth Street in the amount of $27,570

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To approve and sign a Notice of Betterment Agreement for Robert & Denise Dow, 565 Plymouth Street in the amount of $27,570

From the minutes

“Upon motion made by Select Board Member A. Battistini and seconded by Select Board Member N. Demers, the Board voted unanimously to approve and sign a Notice of Betterment Agreement for Robert & Denise Dow, 565 Plymouth Street in the amount of $27,570..” (Motion: Battistini, second: Demers)

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

Approve and sign a Notice of Betterment Agreement with Robin Bellows and Wendy Bellows, 171 Wareham Street in the amount of $21,590

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To approve and sign a Notice of Betterment Agreement with Robin Bellows and Wendy Bellows, 171 Wareham Street in the amount of $21,590

From the minutes

“Upon motion made by Select Board Member A. Battistini and seconded by Select Board Member N. Demers, the Board voted unanimously to approve and sign a Notice of Betterment Agreement with Robin Bellows and Wendy Bellows, 171 Wareham Street in the amount of $21,590..” (Motion: Battistini, second: Demers)

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

Set the Farmers Series Pouring License fee at $400

Minutes, page 3

ApprovePassed · 3–0

To set the Farmers Series Pouring License fee at $400

The minutes give only the count (3-0-1), not how each member voted. Neil Rosenthal had stepped off the Board for this item and is left out of this vote.

From the minutes

“Upon motion made by Select Board Member N. Demers and seconded by Select Board Member B.Giovanoni, the Board voted to set the Farmers Series Pouring License fee at $400. Motion Carries. 3-0-1 7:40 PMN..” (Motion: Demers, second: Giovanoni)

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 Select Board Member B. Giovanoni and seconded by Select Board Member A. Battistini, the Board voted unanimously to close the hearing..” (Motion: Giovanoni, second: Battistini)

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

Approve the Variance Request for 103 Cherry Street as indicated

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To approve the Variance Request for 103 Cherry Street as indicated

From the minutes

“Upon motion made by Select Board Member N. Demers and seconded by Select Board Member B. Giovanoni, the Board voted unanimously to approve the Variance Request for 103 Cherry Street as indicated..” (Motion: Demers, second: Giovanoni)

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

Authorize the Town to do what is necessary to get the cesspool pumped and working at 321 Wareham Street for the tenant

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To authorize the Town to do what is necessary to get the cesspool pumped and working at 321 Wareham Street for the tenant

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Demers, the Board voted unanimously to authorize the Town to do what is necessary to get the cesspool pumped and working at 321 Wareham Street for the tenant..” (Motion: Giovanoni, second: Demers)

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

Continue the hearing to December 19, 2022 at 7:30 PM and assess a $100 per day fine until this is corrected

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

To continue the hearing to December 19, 2022 at 7:30 PM and assess a $100 per day fine until this is corrected

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board member N. Demers, the Board voted unanimously to continue the hearing to December 19, 2022 at 7:30 PM and assess a $100 per day fine until this is corrected..” (Motion: Giovanoni, second: Demers)

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

Close the hearing

Minutes, page 5

ProceduralPassed · Unanimous, 5 present

To close the hearing

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Demers, the Board voted unanimously to close the hearing..” (Motion: Giovanoni, second: Demers)

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

Approve the application from Mike Pasalacqua, Harper Lane Brewer for a Farmer Series Pouring License for property located at 16 Wareham Street and submit to the ABCC for approval

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To approve the application from Mike Pasalacqua, Harper Lane Brewer for a Farmer Series Pouring License for property located at 16 Wareham Street and submit to the ABCC for approval

From the minutes

“Upon motion made by Select Board Member B. Giovanoni and seconded by Select Board Member N. Demers, the Board voted unanimously to approve the application from Mike Pasalacqua, Harper Lane Brewer for a Farmer Series Pouring License for property located at 16 Wareham Street and submit to the ABCC for approval..” (Motion: Giovanoni, second: Demers)

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

Adjourn at 9:17 PM

Minutes, page 6

ProceduralPassed · Unanimous, 5 present

To adjourn at 9:17 PM

From the minutes

“ADJOURNMENT Upon motion made by Select Board Member N. Rosenthal and seconded by Select Board Member N. Demers, the Board voted unanimously to adjourn at 9:17 PM..” (Motion: Rosenthal, 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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