MassVoter.com← Yarmouth Select BoardYarmouth Select Board · 2021–2022 Board · Regular meeting
May 3, 2022
24 recorded votes, 24 with disagreement.
Sources: Official minutes (PDF) · Agenda
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Note on these minutes: The attendance line lists Dorcas McGurrin, who was elected two weeks later (May 17, 2022), and does not list Tracy Post. MassVoter shows the three sitting members it names (Michael Stone, Dan Horgan and Peter Smith) as present; votes whose counts do not match show the count only.
Present: Michael Stone, Dan Horgan, Peter Smith
Absent: Mark Forest, Tracy Post
Every vote, in order
Enter into Executive Session under MGL Chapter 30A, Section 21(a) to consider the purchase of real property on Higgins Crowell Road, and to discuss strategy for collective bargaining with IAFF...
That the Board of Selectmen enter into Executive Session under MGL Chapter 30A, Section 21(a) to consider the purchase of real property on Higgins Crowell Road, and to discuss strategy for collective bargaining with IAFF Local 2122.
The roll call lists Tracy Post, but the minutes do not show this member as present at this point. Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: That the Board of Selectmen enter into Executive Session under MGL Chapter 30A, Section 21(a) to consider the purchase of real property on Higgins Crowell Road, and to discuss strategy for collective bargaining with IAFF Local 2122. Motion by: Tracy Post Seconded by: Peter Smith Roll Call Vote: Peter Smith, aye; Tracy Post, aye; Dan Horgan, aye; Mike Stone, aye. Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Smith)
Adopt the warrant for the May 17, 2022 Annual Town Election as presented by the Town Clerk, and direct that the warrant duly be advertised and posted in accordance with Mass General Laws, the...
That the Board of Selectmen adopt the warrant for the May 17, 2022 Annual Town Election as presented by the Town Clerk, and direct that the warrant duly be advertised and posted in accordance with Mass General Laws, the Town's Charter and bylaws.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: That the Board of Selectmen adopt the warrant for the May 17, 2022 Annual Town Election as presented by the Town Clerk, and direct that the warrant duly be advertised and posted in accordance with Mass General Laws, the Town's Charter and bylaws. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays.” (second: Horgan)
Close the public hearing
To close the public hearing.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To close the public hearing. Motion by: Tracy Post Seconded by: Peter Smith Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Smith)
Approve the transfer of the Liquor License, and to approve the Weekday and Sunday Entertainment Licenses limited to indoor entertainment as currently licensed
To approve the transfer of the Liquor License, and to approve the Weekday and Sunday Entertainment Licenses limited to indoor entertainment as currently licensed. The approvals are conditioned upon the manager producing evidence that he is TIPS certified, and subject to any other approvals or requirements of any other Town board or department.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only.
From the minutes
“MOTION: To approve the transfer of the Liquor License, and to approve the Weekday and Sunday Entertainment Licenses limited to indoor entertainment as currently licensed. The approvals are conditioned upon the manager producing evidence that he is TIPS certified, and subject to any other approvals or requirements of any other Town board or department. Motion by: Dan Horgan Seconded by: Peter Smith Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Horgan, second: Smith)
Close the public hearing
To close the public hearing.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the seconder, but Tracy Post is not on the attendance list, so no seconder is shown.
From the minutes
“MOTION: To close the public hearing. Motion by: Peter Smith Seconded by: Tracy Post Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Smith)
Approve the new Seasonal All Alcohol Innholder's License, issued in the name of RJ Resorts Blue Water Resort Beverage LLC, and the Weekday and Sunday Entertainment Licenses, issued to RJ Resorts...
To approve the new Seasonal All Alcohol Innholder's License, issued in the name of RJ Resorts Blue Water Resort Beverage LLC, and the Weekday and Sunday Entertainment Licenses, issued to RJ Resorts Blue Water Owner LLC, subject to compliance with other board and department requirements.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only.
From the minutes
“MOTION: To approve the new Seasonal All Alcohol Innholder's License, issued in the name of RJ Resorts Blue Water Resort Beverage LLC, and the Weekday and Sunday Entertainment Licenses, issued to RJ Resorts Blue Water Owner LLC, subject to compliance with other board and department requirements. Motion by: Dan Horgan Seconded by: Peter Smith Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Horgan, second: Smith)
Close the public hearing
To close the public hearing.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To close the public hearing. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Approve the new Seasonal All Alcohol Innholder's License, subject to other board and department requirements, and to approve the Weekday Entertainment License, limited to the hours of 1:00 p.m. to...
To approve the new Seasonal All Alcohol Innholder's License, subject to other board and department requirements, and to approve the Weekday Entertainment License, limited to the hours of 1:00 p.m. to 11:00 p.m.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the seconder, but Tracy Post is not on the attendance list, so no seconder is shown.
From the minutes
“MOTION: To approve the new Seasonal All Alcohol Innholder's License, subject to other board and department requirements, and to approve the Weekday Entertainment License, limited to the hours of 1:00 p.m. to 11:00 p.m. Motion by: Dan Horgan Seconded by: Tracy Post Discussion: There was some discussion on whether to have the end time be 9:00 p.m. as it was before, or to have it at 11:00 p.m. Since the other motel would end at 11:00, the Board agreed to allow the end time to be 11:00 p.m. Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Horgan)
Close the public hearing
To close the public hearing.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only.
From the minutes
“MOTION: To close the public hearing. Motion by: Peter Smith Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Smith, second: Horgan)
Approve the application as requested for the Liquor License, and as requested for the Weekday and Sunday Entertainment Licenses, with the hours 11:00 a.m. to midnight, with Outdoor Entertainment...
To approve the application as requested for the Liquor License, and as requested for the Weekday and Sunday Entertainment Licenses, with the hours 11:00 a.m. to midnight, with Outdoor Entertainment ending at 8:00 p.m., and subject to the approval of other departments.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To approve the application as requested for the Liquor License, and as requested for the Weekday and Sunday Entertainment Licenses, with the hours 11:00 a.m. to midnight, with Outdoor Entertainment ending at 8:00 p.m., and subject to the approval of other departments. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Close the public hearing
To close the public hearing.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To close the public hearing. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Find El Mariachi in violation of Chapter 155, Section 101a
That the Board find El Mariachi in violation of Chapter 155, Section 101a.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: That the Board find El Mariachi in violation of Chapter 155, Section 101a. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Find El Mariachi in violation of Chapter 155, Section 1.04c
That the Board find El Mariachi in violation of Chapter 155, Section 1.04c.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: That the Board find El Mariachi in violation of Chapter 155, Section 1.04c. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Find El Mariachi in violation of Chapter 155, Section 1.06e
That the Board find El Mariachi in violation of Chapter 155, Section 1.06e.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only.
From the minutes
“MOTION: That the Board find El Mariachi in violation of Chapter 155, Section 1.06e. Motion by: Peter Smith Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Smith, second: Horgan)
Find El Mariachi in violation of Chapter 155, Section 1.09a
That the Board find El Mariachi in violation of Chapter 155, Section 1.09a.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: That the Board find El Mariachi in violation of Chapter 155, Section 1.09a. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Find El Mariachi in violation of Chapter 155, Section 1.09d
That the Board find El Mariachi in violation of Chapter 155, Section 1.09d.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: That the Board find El Mariachi in violation of Chapter 155, Section 1.09d. Motion by: Tracy Post Seconded by: Peter Smith Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Smith)
Find El Mariachi in violation of Chapter 155, Section 1.04e
That the Board find El Mariachi in violation of Chapter 155, Section 1.04e.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: That the Board find El Mariachi in violation of Chapter 155, Section 1.04e. Motion by: Tracy Post Seconded by: Peter Smith Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Smith)
Impose a sanction of a five-day suspension, to take place after the five-day appeal period to the ABCC. The dates would be Monday, May 16, 2022 to Friday, May 20, 2022
That the Board impose a sanction of a five-day suspension, to take place after the five-day appeal period to the ABCC. The dates would be Monday, May 16, 2022 to Friday, May 20, 2022.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only.
From the minutes
“MOTION: That the Board impose a sanction of a five-day suspension, to take place after the five-day appeal period to the ABCC. The dates would be Monday, May 16, 2022 to Friday, May 20, 2022. Motion by: Dan Horgan Seconded by: Peter Smith Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Horgan, second: Smith)
Appoint John Mantoni for a 5-year term on the Zoning Board of Appeals as a regular member, that will run through January 2027
To appoint John Mantoni for a 5-year term on the Zoning Board of Appeals as a regular member, that will run through January 2027.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To appoint John Mantoni for a 5-year term on the Zoning Board of Appeals as a regular member, that will run through January 2027. Motion by: Tracy Post Seconded by: Dan Horgan Discussion: Selectman Horgan asked if alternates were approached to see if they wanted a full- time position. Selectman Smith said that Chairman Steve DeYoung, as well as the alternates, were happy with where they were. Mr. Smith and Mr. DeYoung felt Mr. Mantoni had a great background. Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Appoint Peter Q. Smith to represent the Board on the Yarmouth Scholarship Committee
To appoint Peter Q. Smith to represent the Board on the Yarmouth Scholarship Committee.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To appoint Peter Q. Smith to represent the Board on the Yarmouth Scholarship Committee. Motion by: Tracy Post Seconded by: Dan Horgan Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Horgan)
Approve the minutes from October 6, 2020, October 20, 2020, and November 10, 2020
To approve the minutes from October 6, 2020, October 20, 2020, and November 10, 2020.
The minutes give the count (3-0-1) and name Peter Smith (abstaining), but the names and the count do not match the 3 members present. Showing the count only. The minutes name Tracy Post as the seconder, but Tracy Post is not on the attendance list, so no seconder is shown.
From the minutes
“MOTION: To approve the minutes from October 6, 2020, October 20, 2020, and November 10, 2020. Motion by: Dan Horgan Seconded by: Tracy Post Vote: 3 ayes; 0 nays; 1 abstention (Peter Smith). The motion carried..” (Motion: Horgan)
Approve the Consent Agenda
To approve the Consent Agenda.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To approve the Consent Agenda. Motion by: Tracy Post Seconded by: Mike Stone Discussion: The Vice Chairman noted Maureen Tuohy-Bedford's item about Memorial Day, as well as the item to continue delegating the Town Administrator as the Licensing Authority for applications related to the temporary outdoor alcohol service policy. He said the ABCC had extended the policy for another year. After discussion they decided that a separate motion needed to be made regarding the temporary outdoor alcohol service. Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Stone)
Continue delegating the Town Administrator as the Licensing Authority for applications related to the temporary outdoor alcohol service policy, originally voted and approved at the June 9, 2020...
To continue delegating the Town Administrator as the Licensing Authority for applications related to the temporary outdoor alcohol service policy, originally voted and approved at the June 9, 2020 Board of Selectmen meeting, and extended to April of 2023.
The minutes give the count as 4 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only. The minutes name Tracy Post as the mover, but Tracy Post is not on the attendance list, so no mover is shown.
From the minutes
“MOTION: To continue delegating the Town Administrator as the Licensing Authority for applications related to the temporary outdoor alcohol service policy, originally voted and approved at the June 9, 2020 Board of Selectmen meeting, and extended to April of 2023. Motion by: Tracy Post Seconded by: Peter Smith Vote: 4 ayes; 0 nays. The motion carried unanimously..” (second: Smith)
Adjourn
To adjourn.
The minutes give the count as 5 in favor and none opposed, but 3 members were present for this vote (Michael Stone, Dan Horgan and Peter Smith). Showing the count only.
From the minutes
“MOTION: To adjourn. Motion by: Dan Horgan Seconded by: Paul Smith Vote: 5 ayes; 0 nays. The motion carried unanimously..” (Motion: Horgan)
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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