← Yarmouth Select Board

Yarmouth Select Board · 2020–2021 Board · Regular meeting

November 10, 2020

11 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Mark Forest, Michael Stone, Tracy Post, Dan Horgan

Absent: Erik Tolley

Every vote, in order

Close the public hearing

Minutes, page 3

ProceduralPassed · Unanimous, 4 present

To close the public hearing.

From the minutes

“MOTION: To close the public hearing. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Post, second: Horgan)

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

As the Town's licensing authority, to find Hazaifa Corp dba Becker's Liquors in violation of Massachusetts General Laws Chapter 138, sections 15, 64 and 69 and section four (F) and (G) of the...

Minutes, page 3

ApprovePassed · Unanimous, 4 present

As the Town's licensing authority, to find Hazaifa Corp dba Becker's Liquors in violation of Massachusetts General Laws Chapter 138, sections 15, 64 and 69 and section four (F) and (G) of the rules and regulations, Chapter 155 of the Yarmouth Town Code by reason of serving an intoxicated person and failing to notify the police that there was an intoxicated person on premises to provide for that person's safety.

From the minutes

“MOTION: As the Town's licensing authority, to find Hazaifa Corp dba Becker's Liquors in violation of Massachusetts General Laws Chapter 138, sections 15, 64 and 69 and section four (F) and (G) of the rules and regulations, Chapter 155 of the Yarmouth Town Code by reason of serving an intoxicated person and failing to notify the police that there was an intoxicated person on premises to provide for that person's safety. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Post, second: Horgan)

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

As the Town's licensing authority, to find Hazaifa Corp dba Becker's Liquors in violation of section four (F) of the rules and regulations, Chapter 155 of the Yarmouth Town Code by reason of...

Minutes, page 4

ApprovePassed · Unanimous, 4 present

As the Town's licensing authority, to find Hazaifa Corp dba Becker's Liquors in violation of section four (F) of the rules and regulations, Chapter 155 of the Yarmouth Town Code by reason of selling to an intoxicated person for a determination of suspension of license for a period of three days; and in violation of section four (G) failing to notify the police that there was an intoxicated person on premises to provide for that person's safety for a determination of a warning.

From the minutes

“MOTION: As the Town's licensing authority, to find Hazaifa Corp dba Becker's Liquors in violation of section four (F) of the rules and regulations, Chapter 155 of the Yarmouth Town Code by reason of selling to an intoxicated person for a determination of suspension of license for a period of three days; and in violation of section four (G) failing to notify the police that there was an intoxicated person on premises to provide for that person's safety for a determination of a warning. Motion by: Tracy Post Seconded by: Dan Horgan Discussion: Mr. Horgan argued that this is an egregious offense, and he is in favor of a minimum of a seven-day suspension. Mr. Stone and Chairman Forest were in favor of a seven day suspension. Mr. Stone stated Mr. Hamid has the right to file an appeal to the ABCC, which will render a decision within five business days, and the date of suspension should begin after the five- day period. Discussion ensued on imposing the suspension after the Thanksgiving Holiday. AMENDED MOTION: As the Town's licensing authority, to find Hazaifa Corp dba Becker's Liquors in violation of section four (F) of the rules and regulations, Chapter 155 of the Yarmouth Town Code by reason of selling to an intoxicated person for a determination of suspension of license for a period of seven days starting on November 30 th and extending to December 6th; and in violation of section four (G) failing to notify the police that there was an intoxicated person on premises to provide for that person's safety for a determination of a warning. Motion by: Dan Horgan Seconded by: Mark Forest Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Post, second: Horgan)

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

Close the public hearing

Minutes, page 5

ProceduralPassed · Unanimous, 4 present

To close the public hearing.

From the minutes

“MOTION: To close the public hearing. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Post, second: Horgan)

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

Approve the license renewal and extension of hours as presented

Minutes, page 5

ApproveFailed · 2–2

To approve the license renewal and extension of hours as presented.

The minutes give only the count (2 in favor, 2 opposed), not how each member voted.

From the minutes

“MOTION: To approve the license renewal and extension of hours as presented. Motion by: Tracy Post Seconded by: Mark Forest Discussion: There was input from Board members on the pros and cons of the request. Vote: 2 ayes; 2 nays.” (Motion: Post, second: Forest)

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

Approve the license renewal

Minutes, page 5

ApprovePassed · Unanimous, 4 present

To approve the license renewal.

From the minutes

“MOTION: To approve the license renewal. Motion by: Dan Horgan Seconded by: Michael Stone Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Stone)

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

Continue the public hearing to December 1st at 6:00 p.m. at the Town Hall

Minutes, page 6

ProceduralPassed · Unanimous, 4 present

To continue the public hearing to December 1st at 6:00 p.m. at the Town Hall.

From the minutes

“MOTION: To continue the public hearing to December 1st at 6:00 p.m. at the Town Hall. Motion by: Michael Stone Seconded by: Tracy Post Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Stone, second: Post)

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

Appoint James Armstrong as the Municipal Hearing Officer for the Town of Yarmouth for a three-year term to run through November, 2023

Minutes, page 7

AppointPassed · Unanimous, 4 present

To appoint James Armstrong as the Municipal Hearing Officer for the Town of Yarmouth for a three-year term to run through November, 2023.

From the minutes

“MOTION: To appoint James Armstrong as the Municipal Hearing Officer for the Town of Yarmouth for a three-year term to run through November, 2023. Motion by: Dan Horgan Seconded by: Tracy Post Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Post)

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

Adopt the election warrant as presented

Minutes, page 8

ApprovePassed · Unanimous, 4 present

To adopt the election warrant as presented.

From the minutes

“MOTION: To adopt the election warrant as presented. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Post, second: Horgan)

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

Approve the consent agenda as presented without the Steel Workers contract approval

Minutes, page 8

ApprovePassed · Unanimous, 4 present

To approve the consent agenda as presented without the Steel Workers contract approval.

From the minutes

“MOTION: To approve the consent agenda as presented without the Steel Workers contract approval. Motion by: Tracy Post Seconded by: Michal Stone Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Post, second: Stone)

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

Adjourn

Minutes, page 8

ProceduralPassed · Unanimous, 4 present

To adjourn.

From the minutes

“MOTION: To adjourn. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Post, second: Horgan)

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

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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