June 16, 2020

“MOTION: That the Board of Selectmen approve and grant a conservation restriction for nominal consideration to the Yarmouth Conservation Trust for the property located at 45 and 55 Starbuck Lane, in the form attached, hereto, in compliance with the terms of the Community Preservation Act, and as authorized by Article 35 of the May 4, 2019 Annual Town Meeting, and further authorize the Chairman, Michael Stone, to execute and enter into any and all documents necessary to effectuate said grant. Motion by: Tracy Post Seconded by: Erik Tolley Discussion on the Motion: Selectman Holcomb asked if there were any alternatives to the restriction, in order to allow for greater flexibility in the future. Selectman Post said that the Annual Town Meeting Article specified conservation, and the article was approved. She did not believe the Board had the authority to change the vote. Community Development Director Karen Greene added that the conservation restriction was required because acquisition was funded through the CPA. She noted, however, that within the conservation restriction, it had prohibited and allowed uses, so perhaps there would be some room in terms of what could be included in the allowed uses. She said that on page 4 and 5, it lists the reserved rights and exceptions, such as installing trails, outdoor passive recreational activities excluding hunting, and other land management. Roll Call Vote: Erik Tolley, aye; Mark Forest, abstained since he was a member of the Trust; Tracy Post, aye; Norm Holcomb, nay; Michael Stone, aye. The motion passed, 3 in favor, 1 against, and 1 abstention..” (Motion: Post, second: Tolley)

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

“MOTION: That the Board of Selectmen allow businesses to conduct their business to the maximum extent they feel comfortable, with fear of local repercussions. Motion by: Erik Tolley Seconded by: Norm Holcomb Discussion on the Motion: Selectman Post said she agreed with the crux of the motion, however, she was afraid that the way the motion was stated, businesses would feel that the Board was giving them authorization to open, when in fact it fell under the State's authority. She did not want the papers reporting that the Town of Yarmouth was defying the Governor's orders. She said she would be more comfortable saying that the Board ask not to expend Town resources to enforce the State's orders. Selectman Tolley said the intent was not to grant authority, but to grant flexibility. The owners could conduct business to the extent they felt comfortable, in a safe manner. It would be up to the State to enforce their orders, if they were so inclined. Selectman Forest said that, unless there were specific recommendations or proposals to which the Board could react, he would be nervous about such a motion being perceived as a blanket absolution, although he acknowledged that the motion was well-intended. Selectman Holcomb stated he felt that it was important to support the local businesses, so he agreed that local resources should not be used to prevent businesses from opening up. Chairman Stone said he agreed with Selectmen Post and Forest. He had concerns about taking a position that the Town would not take enforcement action regardless of how extreme some circumstances might be, and leave it up to the individual owners. He acknowledged that many of the owners may be very reasonable, however, one or two may allow way too many customers into their establishment causing a health risk. Chairman Stone said he would like to consult legal counsel prior to making a decision. Selectman Forest asked if anyone heard from the Chamber of Commerce or any other business groups, and Selectman Tolley replied that a "Tea Party" event was scheduled for that Saturday, organized by the local business community, to demonstrate the extent of frustration the business owners were feeling. Selectman Holcomb then moved the question. Roll Call Vote: Mark Forest, nay; Erik Tolley, aye; Tracy Post, aye; Norm Holcomb, aye; Michael Stone, nay. The motion passed by a vote 3 ayes-2 nays..” (Motion: Tolley, second: Holcomb)

Read it in the official minutes, page 7 (PDF)

“MOTION: To recommend all articles with the exception of the petitioned articles. Motion by: Erik Tolley Seconded by: Michael Stone Discussion on the Motion: Selectman Forest asked if the partitioned articles were being put off until the fall Town Meeting. Town Administrator Knapik said that he had spoken with all the petitioners. Since the petitioners all got the requisite number of signatures, the articles must appear on the warrant. Someone would need to make a motion at Town Meeting to indefinitely postpone the items. In order to avoid the petitioners from having to get new signatures for the fall, it was recommended that the Board just place those articles for them, in recognition of that support in the fall. Chairman Stone wanted to clarify that articles 1 through 20, including the petitioned articles, would be covered by Selectman Tolley's motion. Selectman Holcomb said that he continued to oppose the budget proposals, because he felt that the Board had not explored all options sufficiently. He said they also had not approached the schools or unions concerning the current budget situation. Selectman Holcomb said that if it was a blanket vote, including all of the articles, he would vote no. Roll Call Vote: Erik Tolley, aye; Tracy Post, aye; Mark Forest, aye; Norm Holcomb, nay; Michael Stone, aye. The motion passed by a vote of 4 ayes-1 nay..” (Motion: Tolley, second: Stone)

Read it in the official minutes, page 9 (PDF)