MassVoter.com← Yarmouth Select BoardYarmouth Select Board · 2018–2019 Board · Regular meeting
May 7, 2019
14 recorded votes, 3 with disagreement.
Sources: Official minutes (PDF) · Agenda
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Present: Norm Holcomb, Erik Tolley, Tracy Post, Michael Stone, Mark Forest
Absent: None
Every vote, in order
Close the public hearing, subject to the right of the Board to hold additional hearings
To move to close the public hearing, subject to the right of the Board to hold additional hearings.
From the minutes
“MOTION: To move to close the public hearing, subject to the right of the Board to hold additional hearings. Motion by: Tracy Post Seconded by: Mark Forest Yea 5 Nay 0.” (Motion: Post, second: Forest)
Close the public hearing
To move to close the public hearing.
From the minutes
“MOTION: To move to close the public hearing. Motion by: Tracy Post Seconded by: Mark Forest Yea 5 Nay 0.” (Motion: Post, second: Forest)
Find a violation on February 10, 2019 of 204 CMR 2.052, permitting an illegality on the licensed premises, violation of MGL Chapter 138, Section 12, service of alcoholic beverage beyond the hours...
To move to find a violation on February 10, 2019 of 204 CMR 2.052, permitting an illegality on the licensed premises, violation of MGL Chapter 138, Section 12, service of alcoholic beverage beyond the hours fixed by a local licensing authority for that license; which is also a violation of Yarmouth Rules and Regulations, Section 1.04(a), (c), (d), and (e).
The minutes say the motion was "not seconded", but then record a vote on it ("By a vote of: Yea 2 Nay 3"). The minutes give only the count (2 in favor, 3 opposed), not how each member voted.
From the minutes
“MOTION: To move to find a violation on February 10, 2019 of 204 CMR 2.052, permitting an illegality on the licensed premises, violation of MGL Chapter 138, Section 12, service of alcoholic beverage beyond the hours fixed by a local licensing authority for that license; which is also a violation of Yarmouth Rules and Regulations, Section 1.04(a), (c), (d), and (e). Motion by: Tracy Post; not seconded. Deliberations continued regarding the strength of the circumstantial evidence of alcohol service after licensed hours. Officer Magnuson considered it very strong. Selectman Holcomb expressed frustration at having issued the license in the first place, due to Mr. Paguay's lack of experience and language barrier. Selectman Stone advised that the potential violations would be taken separately, and in order. By a vote of: Yea 2 Nay 3.” (Motion: Post)
Find a violation on February 10, 2019 of Yarmouth Rules and Regulations, Section 1.04(a), (d), and (e)
To move to find a violation on February 10, 2019 of Yarmouth Rules and Regulations, Section 1.04(a), (d), and (e).
From the minutes
“MOTION: To move to find a violation on February 10, 2019 of Yarmouth Rules and Regulations, Section 1.04(a), (d), and (e). Motion by: Tracy Post Seconded by: Erik Tolley Yea 5 Nay 0.” (Motion: Post, second: Tolley)
Find a violation on February 10, of 204 CMR 2.05, permitting an illegality on the licensed premises, to wit: DJ, entertainment and amplified music without an entertainment license under MGL...
To move to find a violation on February 10, of 204 CMR 2.05, permitting an illegality on the licensed premises, to wit: DJ, entertainment and amplified music without an entertainment license under MGL Chapter 140, Section 183(a); also a violation of Yarmouth Rules and Regulations Section 2(a).
From the minutes
“MOTION: To move to find a violation on February 10, of 204 CMR 2.05, permitting an illegality on the licensed premises, to wit: DJ, entertainment and amplified music without an entertainment license under MGL Chapter 140, Section 183(a); also a violation of Yarmouth Rules and Regulations Section 2(a). Motion by: Tracy Post Seconded by: Erik Tolley Yea 5 Nay 0.” (Motion: Post, second: Tolley)
Find a violation on March 1, 2019, of 204 CMR 2.052, permitting an illegality on the licensed premises, to wit: violation of Chapter 138, Section 23, sale of alcoholic beverages purchased from a...
To move to find a violation on March 1, 2019, of 204 CMR 2.052, permitting an illegality on the licensed premises, to wit: violation of Chapter 138, Section 23, sale of alcoholic beverages purchased from a Section 15 package store.
From the minutes
“MOTION: To move to find a violation on March 1, 2019, of 204 CMR 2.052, permitting an illegality on the licensed premises, to wit: violation of Chapter 138, Section 23, sale of alcoholic beverages purchased from a Section 15 package store. Motion by: Tracy Post Seconded by: Erik Tolley Yea 5 Nay 0.” (Motion: Post, second: Tolley)
Issue a three-day suspension of license to be held in abeyance for one year, conditioned upon Luis Paguay demonstrating a full understanding of the laws and attending the May 20, 2019 seminar with...
To move to issue a three-day suspension of license to be held in abeyance for one year, conditioned upon Luis Paguay demonstrating a full understanding of the laws and attending the May 20, 2019 seminar with Jackson Paguay. Full suspension to be served if there is no written understanding of the laws after 30 days.
From the minutes
“MOTION: To move to issue a three-day suspension of license to be held in abeyance for one year, conditioned upon Luis Paguay demonstrating a full understanding of the laws and attending the May 20, 2019 seminar with Jackson Paguay. Full suspension to be served if there is no written understanding of the laws after 30 days. Motion by: Erik Tolley Seconded by: Tracy Post Yea 5 Nay 0.” (Motion: Tolley, second: Post)
Establish the Elderly and Disabled Tax Aid Committee
To move that the Board of Selectmen establish the Elderly and Disabled Tax Aid Committee.
From the minutes
“MOTION: To move that the Board of Selectmen establish the Elderly and Disabled Tax Aid Committee. Motion by: Mark Forest Seconded by: Erik Tolley Yea 5 Nay 0.” (Motion: Forest, second: Tolley)
Approve the construction of Phases 2 and 3 as presented
To move that the Board of Selectmen approve the construction of Phases 2 and 3 as presented.
From the minutes
“MOTION: To move that the Board of Selectmen approve the construction of Phases 2 and 3 as presented. Motion by: Tracy Post Seconded by: Mark Forest Yea 5 Nay 0.” (Motion: Post, second: Forest)
Accept the resignations of Gerald Garnick from the Board of Appeals and Wayne Kivi from the Golf Enterprise Committee, with thanks and appreciation
To move to accept the resignations of Gerald Garnick from the Board of Appeals and Wayne Kivi from the Golf Enterprise Committee, with thanks and appreciation.
From the minutes
“MOTION: To move to accept the resignations of Gerald Garnick from the Board of Appeals and Wayne Kivi from the Golf Enterprise Committee, with thanks and appreciation. Motion by: Tracy Post Seconded by: Erik Tolley Yea 5 Nay 0.” (Motion: Post, second: Tolley)
Approve the minutes of September 25, 2018, and October 2, 2018
To move to approve the minutes of September 25, 2018, and October 2, 2018.
The minutes give only the count (4 in favor, 0 opposed, 1 abstaining), not how each member voted.
From the minutes
“MOTION: To move to approve the minutes of September 25, 2018, and October 2, 2018. Motion by: Tracy Post Seconded by: Mike Stone Yea 4 Nay 0 Abstain 1.” (Motion: Post, second: Stone)
Approve and hold the minutes of Executive Sessions on March 26, April 1, and April 9, 2019
To move to approve and hold the minutes of Executive Sessions on March 26, April 1, and April 9, 2019.
The minutes give only the count (4 in favor, 0 opposed, 1 abstaining), not how each member voted.
From the minutes
“MOTION: To move to approve and hold the minutes of Executive Sessions on March 26, April 1, and April 9, 2019. Motion by: Tracy Post Seconded by: Erik Tolley Yea 4 Nay 0 Abstain 1.” (Motion: Post, second: Tolley)
Approve the Consent Agenda, excluding the Yarmouth Police Foundation donation
To move to approve the Consent Agenda, excluding the Yarmouth Police Foundation donation.
From the minutes
“MOTION: To move to approve the Consent Agenda, excluding the Yarmouth Police Foundation donation. Motion by: Erik Tolley Seconded by: Mike Stone Yea 5 Nay 0.” (Motion: Tolley, second: Stone)
Adjourn the meeting
To move that the Board of Selectmen adjourn the meeting.
From the minutes
“MOTION: To move that the Board of Selectmen adjourn the meeting. Motion by: Tracy Post Seconded by: Mike Stone Yea 5 Nay 0.” (Motion: Post, second: Stone)
From the Yarmouth Select Board’s official minutes, posted in the town’s Agenda Center and its Archive Center (2018 and 2019). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Yarmouth (Tracy Post, Liz Argo); The Provincetown Independent, courtesy Mark Forest (Mark Forest); Cape Cod Times (Joyce Flynn); AARP (Dorcas McGurrin)
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