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Wilmington Select Board · 2019–2020 Board · Regular meeting

February 10, 2020

11 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Gregory B. Bendel, Kevin A. Caira, Michael V. McCoy, Jonathan R. Eaton, Jomarie F. O'Mahony

Absent: None

Every vote, in order

Enter Executive Session for the purpose of discussing strategy with respect to litigation involving the following matters: Eco-Site v. Wilmington Zoning Board of Appeals - U.S. District Court...

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

A motion was made and duly seconded and by the affirmative roll call vote of all, it was VOTED: That the Board of Selectmen enter Executive Session for the purpose of discussing strategy with respect to litigation involving the following matters: Eco-Site v. Wilmington Zoning Board of Appeals - U.S. District Court; Haralambos v. Katsikis (Trustee of the H&S Realty Trust II v. Town of Wilmington)b; High School Gym Floor; Iuliano v. Wilmington Conservation Commission - Middlesex Land Court; Penney, et al. v. Town of Wilmington - Middlesex Land Court; Sawyer v. Wilmington Planning Board - Middlesex Land Court; Town of Wilmington v. BMC Corp. - Middlesex Superior Court; Town of Wilmington, by and through its Zoning Enforcement Officer and Board of Selectmen v. Mark Nelson, individually and as Trustee of Kasier Realty Trust - Middlesex Superior Court; Tresca v. Zoning Board of Appeals - Middlesex Superior Court; Wells Fargo Bank, N.A. v. Wilmington Zoning Board of Appeals - Middlesex Land Court; Doucette v. Wilmington Planning Board and BIV-613 Main, LLC - Middlesex Land Court; Bettering, LLC v. Wilmington Zoning Board of Appeals - United States District Court; Shea Concrete Products Inc. 773 Salem Street; Adam Silva v. Town of Wilmington - Civil Service Commission; AFSCME, Council 93, Local 1703 and Town of Wilmington - American Arbitration Association; AFSCME Unit II - American Arbitration Association; AFSCME, Council 93, Local 1703 and Town of Wilmington - American Arbitration Association; Fiore v. Town of Wilmington - Massachusetts Commission Against Discrimination; Town of Wilmington (Police Superiors) - Massachusetts Department of Labor Relations; David Sugrue v. Town of Wilmington - Massachusetts Civil Service Commission; as permissible in accordance with Massachusetts General Law Chapter 30A, Section 21a(3) as an open meeting may have a detrimental effect on the public body and the Chair so declares; and further for the purpose of considering the purchase, exchange, lease or value of real property at 64 Wildwood Street in accordance with Massachusetts General Law Chapter 21a(6) as an open meeting may have a detrimental effect on the negotiating position of the public body and the Chair so declares and further to consider Executive Session minutes from January 13, 2020 in accordance with Massachusetts General Law Chapter 30A, Section 22 with the intention to return to open session.

From the minutes

“A motion was made and duly seconded and by the affirmative roll call vote of all, it was VOTED: That the Board of Selectmen enter Executive Session for the purpose of discussing strategy with respect to litigation involving the following matters: Eco-Site v. Wilmington Zoning Board of Appeals - U.S. District Court; Haralambos v. Katsikis (Trustee of the H&S Realty Trust II v. Town of Wilmington)b; High School Gym Floor; Iuliano v. Wilmington Conservation Commission - Middlesex Land Court; Penney, et al. v. Town of Wilmington - Middlesex Land Court; Sawyer v. Wilmington Planning Board - Middlesex Land Court; Town of Wilmington v. BMC Corp. - Middlesex Superior Court; Town of Wilmington, by and through its Zoning Enforcement Officer and Board of Selectmen v. Mark Nelson, individually and as Trustee of Kasier Realty Trust - Middlesex Superior Court; Tresca v. Zoning Board of Appeals - Middlesex Superior Court; Wells Fargo Bank, N.A. v. Wilmington Zoning Board of Appeals - Middlesex Land Court; Doucette v. Wilmington Planning Board and BIV-613 Main, LLC - Middlesex Land Court; Bettering, LLC v. Wilmington Zoning Board of Appeals - United States District Court; Shea Concrete Products Inc. 773 Salem Street; Adam Silva v. Town of Wilmington - Civil Service Commission; AFSCME, Council 93, Local 1703 and Town of Wilmington - American Arbitration Association; AFSCME Unit II - American Arbitration Association; AFSCME, Council 93, Local 1703 and Town of Wilmington - American Arbitration Association; Fiore v. Town of Wilmington - Massachusetts Commission Against Discrimination; Town of Wilmington (Police Superiors) - Massachusetts Department of Labor Relations; David Sugrue v. Town of Wilmington - Massachusetts Civil Service Commission; as permissible in accordance with Massachusetts General Law Chapter 30A, Section 21a(3) as an open meeting may have a detrimental effect on the public body and the Chair so declares; and further for the purpose of considering the purchase, exchange, lease or value of real property at 64 Wildwood Street in accordance with Massachusetts General Law Chapter 21a(6) as an open meeting may have a detrimental effect on the negotiating position of the public body and the Chair so declares and further to consider Executive Session minutes from January 13, 2020 in accordance with Massachusetts General Law Chapter 30A, Section 22 with the intention to return to open session..”

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

Accept Treasury Warrants 31, 31A, 31B, 32 and 32A

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

A motion was made by Selectman Caira, seconded by Selectman Eaton and by the affirmative vote of all, it was VOTED: That the Board of Selectmen accept Treasury Warrants 31, 31A, 31B, 32 and 32A.

From the minutes

“A motion was made by Selectman Caira, seconded by Selectman Eaton and by the affirmative vote of all, it was VOTED: That the Board of Selectmen accept Treasury Warrants 31, 31A, 31B, 32 and 32A..” (Motion: Caira, second: Eaton)

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

Approve the minutes of their meeting held March 26, 2018 and all action taken is hereby ratified and confirmed

Minutes, page 2

Approve minutesPassed · 3–0

A motion was made by Selectman McCoy, seconded by Selectman Caira and by the affirmative vote of three with Selectmen Eaton and O'Mahony abstaining, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held March 26, 2018 and all action taken is hereby ratified and confirmed.

Yes: Bendel, Caira, McCoyAbstained: Eaton, O'Mahony

From the minutes

“A motion was made by Selectman McCoy, seconded by Selectman Caira and by the affirmative vote of three with Selectmen Eaton and O'Mahony abstaining, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held March 26, 2018 and all action taken is hereby ratified and confirmed..” (Motion: McCoy, second: Caira)

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

Approve the minutes of their meeting held November 12, 2019, as amended, and all action taken is hereby ratified and confirmed

Minutes, page 2

Approve minutesPassed · Unanimous, 5 present

A motion having been made and seconded and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held November 12, 2019, as amended, and all action taken is hereby ratified and confirmed.

From the minutes

“A motion having been made and seconded and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held November 12, 2019, as amended, and all action taken is hereby ratified and confirmed..”

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

Approve the minutes of their meeting held January 13, 2020 and all action taken is hereby ratified and confirmed

Minutes, page 2

Approve minutesPassed · Unanimous, 5 present

A motion was made by Selectman Caira, seconded by Selectman Eaton and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held January 13, 2020 and all action taken is hereby ratified and confirmed.

From the minutes

“A motion was made by Selectman Caira, seconded by Selectman Eaton and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held January 13, 2020 and all action taken is hereby ratified and confirmed..” (Motion: Caira, second: Eaton)

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

Approve the minutes of their meeting held January 27, 2020 and all action taken is hereby ratified and confirmed

Minutes, page 2

Approve minutesPassed · Unanimous, 5 present

A motion was made by Selectman Caira, seconded by Selectman McCoy and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held January 27, 2020 and all action taken is hereby ratified and confirmed.

From the minutes

“A motion was made by Selectman Caira, seconded by Selectman McCoy and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the minutes of their meeting held January 27, 2020 and all action taken is hereby ratified and confirmed..” (Motion: Caira, second: McCoy)

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

Sign the Warrant for the Presidential Primary Election to be held on March 3, 2020

Minutes, page 5

ApprovePassed · Unanimous, 5 present

A motion was made by Selectman Eaton, seconded by Selectman Caira and by the affirmative vote of all, it was VOTED: That the Board of Selectmen sign the Warrant for the Presidential Primary Election to be held on March 3, 2020.

From the minutes

“A motion was made by Selectman Eaton, seconded by Selectman Caira and by the affirmative vote of all, it was VOTED: That the Board of Selectmen sign the Warrant for the Presidential Primary Election to be held on March 3, 2020..” (Motion: Eaton, second: Caira)

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

Approve the request of the Wilmington Farmers Market to use the Swain Green Sundays from June 14, 2020 through October 11, 2020; 10:00 a.m. to 1:00 p.m

Minutes, page 5

ApprovePassed · Unanimous, 5 present

A motion was made by Selectman Caira, seconded by Selectman O'Mahony and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the request of the Wilmington Farmers Market to use the Swain Green Sundays from June 14, 2020 through October 11, 2020; 10:00 a.m. to 1:00 p.m.

From the minutes

“A motion was made by Selectman Caira, seconded by Selectman O'Mahony and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the request of the Wilmington Farmers Market to use the Swain Green Sundays from June 14, 2020 through October 11, 2020; 10:00 a.m. to 1:00 p.m..” (Motion: Caira, second: O'Mahony)

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

Approve the request of Friends of Field Hockey to conduct a fundraising car was on Sunday, September 27, 2020; 9:00 a.m. to 1:00 p.m. with a raindate of Sunday, October 4, 2020

Minutes, page 6

ApprovePassed · Unanimous, 5 present

A motion was made by Selectman McCoy, seconded by Selectman O'Mahony and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the request of Friends of Field Hockey to conduct a fundraising car was on Sunday, September 27, 2020; 9:00 a.m. to 1:00 p.m. with a raindate of Sunday, October 4, 2020.

From the minutes

“A motion was made by Selectman McCoy, seconded by Selectman O'Mahony and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the request of Friends of Field Hockey to conduct a fundraising car was on Sunday, September 27, 2020; 9:00 a.m. to 1:00 p.m. with a raindate of Sunday, October 4, 2020..” (Motion: McCoy, second: O'Mahony)

Read it in the official minutes, page 6 (PDF)

Approve the request to change the name on the Flammable License from Koch Membrane Systems to Koch Separation Solutions for property located at 850 Main Street

Minutes, page 6

ApprovePassed · Unanimous, 5 present

A motion was made by Selectman Eaton, seconded by Selectman Caira and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the request to change the name on the Flammable License from Koch Membrane Systems to Koch Separation Solutions for property located at 850 Main Street.

From the minutes

“A motion was made by Selectman Eaton, seconded by Selectman Caira and by the affirmative vote of all, it was VOTED: That the Board of Selectmen approve the request to change the name on the Flammable License from Koch Membrane Systems to Koch Separation Solutions for property located at 850 Main Street..” (Motion: Eaton, second: Caira)

Read it in the official minutes, page 6 (PDF)

Adjourn

Minutes, page 8

ProceduralPassed · Unanimous, 5 present

A motion was made by Selectman McCoy, seconded by Selectman Eaton and by the affirmative vote of all, it was VOTED: That the Board of Selectmen adjourn.

From the minutes

“A motion was made by Selectman McCoy, seconded by Selectman Eaton and by the affirmative vote of all, it was VOTED: That the Board of Selectmen adjourn..” (Motion: McCoy, second: Eaton)

Read it in the official minutes, page 8 (PDF)

From the Wilmington Select Board’s official minutes, posted on the town’s Town Manager – Select Board minutes page. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Wilmington Annual Town Reports (captioned Select Board photos) — 2023 report: Kevin Caira, Gary DePalma, Lilia Maselli and Frank West; 2025 report: Jacob Gearwar. Cropped by MassVoter. Former members show initials.

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