← Yarmouth Select Board

Yarmouth Select Board · 2022–2023 Board · Regular meeting

October 18, 2022

34 recorded votes, 6 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Michael Stone, Dan Horgan, Mark Forest, Peter Smith, Dorcas McGurrin

Absent: None

Every vote, in order

Authorize the Yarmouth Historical Commission to donate these materials to the Mashpee Wampanoag Tribe and to work with the Town Administrator to effectuate that transfer

Minutes, page 4

ApprovePassed · 4–1

That the Board authorize the Yarmouth Historical Commission to donate these materials to the Mashpee Wampanoag Tribe and to work with the Town Administrator to effectuate that transfer.

Yes: Forest, Horgan, McGurrin, SmithNo: Stone

From the minutes

“MOTION: That the Board authorize the Yarmouth Historical Commission to donate these materials to the Mashpee Wampanoag Tribe and to work with the Town Administrator to effectuate that transfer. Motion by: Mark Forest Seconded by: Dorcas McGurrin Discussion: Selectman Forest said that, at this time the Town was not in a position to provide appropriate custodial care for these exhibits, whereas the Wampanoag Tribe had a new Government Center and had the capability to provide adequate preservation of these historical artifacts. Chairman Stone said that he was a little reluctant to support the donation without any community input. Selectman Smith asked if the projectile points came from Yarmouth. Mr. Slama said that the family who donated them lived in West Yarmouth, as did the neighbors, but beyond that he could not say. Selectman Smith suggested a provision to be added to the motion that it would be noted that the projectile points were from the first peoples of the Town of Yarmouth. AMENDED MOTION: That the Board authorize the Yarmouth Historical Commission to donate these materials to the Mashpee Wampanoag Tribe and to work with the Town Administrator to effectuate that transfer. It is to be noted that the projectile points were from the first peoples of the Town of Yarmouth. Amended Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 4 ayes; 1 nay (Mike Stone). The motion passed..” (Motion: Forest, second: McGurrin)

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

Close the public hearing

Minutes, page 9

ProceduralPassed · Unanimous, 5 present

To close the public hearing.

From the minutes

“MOTION: To close the public hearing. Motion by: Peter Smith Seconded by: Dorcas McGurrin Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Smith, second: McGurrin)

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

Approve the permit with the condition of annual maintenance at the corner lot, and annual monitoring of the tanks after the warranty period expires

Minutes, page 9

ApprovePassed · 3–2

That the Board approve the permit with the condition of annual maintenance at the corner lot, and annual monitoring of the tanks after the warranty period expires.

Yes: Horgan, McGurrin, StoneNo: Forest, SmithThe minutes do not name a seconder.

From the minutes

“MOTION: That the Board approve the permit with the condition of annual maintenance at the corner lot, and annual monitoring of the tanks after the warranty period expires. Motion by: Dan Horgan Seconded by: - Discussion: Selectwoman McGurrin noted that the location should be corrected to 446 Station Avenue, which was the Shell Station. The corner lot was the Sunoco Station. Chairman Stone asked if the new gas station was to be a Shell Station as well. The owner replied that Shell gasoline was the only brand they had. AMENDED MOTION: That the Board approve the permit with the condition of annual maintenance at 446 Station Avenue, and annual monitoring of the tanks after the warranty period expires. Motion by: Dan Horgan Seconded by: Dorcas McGurrin Discussion: Selectman Horgan stated that he was a little concerned that the Board was going against the strict wording of the Town's bylaw and that precedent was being set, but in this case, he believed it made sense because the water would be protected in several different ways. The Chairman stated that he was not concerned about precedent, because the project was unique and had been vetted by the Board of Appeals. Selectman Forest said that he wanted to go on record that he would be voting against the motion due to traffic concerns and the possible domino effect of multiple developments which would only make the traffic situation worse. Vote: 3 ayes; 2 nays (Mark Forest, Peter Smith). The motion passed..” (Motion: Horgan)

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

Recommend Article 1

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 1.

From the minutes

“MOTION: To recommend Article 1. Motion by: Mark Forest Seconded by: Mike Stone Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Stone)

Read it in the official minutes, page 13 (PDF)

Recommend Article 2

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 2.

From the minutes

“MOTION: To recommend Article 2. Motion by: Dan Horgan Seconded by: Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Smith)

Read it in the official minutes, page 13 (PDF)

Recommend Article 3

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 3.

From the minutes

“MOTION: To recommend Article 3. Motion by: Mark Forest Seconded by: Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Smith)

Read it in the official minutes, page 13 (PDF)

Recommend Article 4

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 4.

From the minutes

“MOTION: To recommend Article 4. Motion by: Mark Forest Seconded by: Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Smith)

Read it in the official minutes, page 13 (PDF)

Recommend Article 5

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 5.

From the minutes

“MOTION: To recommend Article 5. Motion by: Mark Forest Seconded by: Peter Smith Discussion: The Assistant Town Administrator wanted the Board to note that the Finance Committee recommendation should be 4-0 instead of 5-0. Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Smith)

Read it in the official minutes, page 13 (PDF)

Recommend Article 6

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 6.

From the minutes

“MOTION: To recommend Article 6. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 13 (PDF)

Recommend Article 7

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 7.

From the minutes

“MOTION: To recommend Article 7. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 13 (PDF)

Recommend Article 8

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 8.

The minutes name two seconders (Dan Horgan, Peter Smith); the first is shown.

From the minutes

“MOTION: To recommend Article 8. Motion by: Mark Forest Seconded by: Dan Horgan, Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 13 (PDF)

Recommend Article 9

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 9.

The minutes name two seconders (Dan Horgan, Peter Smith); the first is shown.

From the minutes

“MOTION: To recommend Article 9. Motion by: Mark Forest Seconded by: Dan Horgan, Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 13 (PDF)

Recommend Article 10

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 10.

From the minutes

“MOTION: To recommend Article 10. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 13 (PDF)

Recommend Article 11

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 11.

The minutes name two seconders (Dan Horgan, Peter Smith); the first is shown.

From the minutes

“MOTION: To recommend Article 11. Motion by: Mark Forest Seconded by: Dan Horgan, Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 13 (PDF)

Recommend Article 12

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To recommend Article 12.

From the minutes

“MOTION: To recommend Article 12. Motion by: Mark Forest Seconded by: Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Smith)

Read it in the official minutes, page 13 (PDF)

Recommend Article 13

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 13.

From the minutes

“MOTION: To recommend Article 13. Motion by: Mark Forest Seconded by: Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Smith)

Read it in the official minutes, page 14 (PDF)

Recommend Article 14

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 14.

From the minutes

“MOTION: To recommend Article 14. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 14 (PDF)

Recommend Article 15

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 15.

From the minutes

“MOTION: To recommend Article 15. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 14 (PDF)

Recommend Article 16

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 16.

From the minutes

“MOTION: To recommend Article 16. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 14 (PDF)

Recommend Article 17

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 17.

From the minutes

“MOTION: To recommend Article 17. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 14 (PDF)

Recommend Article 18

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 18.

From the minutes

“MOTION: To recommend Article 18. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 14 (PDF)

Recommend Article 19

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 19.

From the minutes

“MOTION: To recommend Article 19. Motion by: Mark Forest Seconded by: Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Smith)

Read it in the official minutes, page 14 (PDF)

Recommend Article 20

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 20.

From the minutes

“MOTION: To recommend Article 20. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 14 (PDF)

Recommend Article 21

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 21.

From the minutes

“MOTION: To recommend Article 21. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 14 (PDF)

Recommend Article 22 from the Town Meeting floor

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 22 from the Town Meeting floor.

From the minutes

“MOTION: To recommend Article 22 from the Town Meeting floor. Motion by: Dorcas McGurrin Seconded by: Mark Forest Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: McGurrin, second: Forest)

Read it in the official minutes, page 14 (PDF)

Recommend Article 23 from the Town Meeting floor

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To recommend Article 23 from the Town Meeting floor.

From the minutes

“MOTION: To recommend Article 23 from the Town Meeting floor. Motion by: Dan Horgan Seconded by: Dorcas McGurrin Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: McGurrin)

Read it in the official minutes, page 14 (PDF)

Approve and execute the Special Town Meeting Warrant

Minutes, page 15

ApprovePassed · Unanimous, 5 present

To approve and execute the Special Town Meeting Warrant.

From the minutes

“MOTION: To approve and execute the Special Town Meeting Warrant. Motion by: Mark Forest Seconded by: Peter Smith Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Smith)

Read it in the official minutes, page 15 (PDF)

Adopt the Warrant for the November 8, 2022 State Election and direct the Town Clerk to have said warrant duly advertised and posted in accordance with the Charter and Bylaws of the Town of...

Minutes, page 15

ApprovePassed · Unanimous, 5 present

That the Board of Selectmen adopt the Warrant for the November 8, 2022 State Election and direct the Town Clerk to have said warrant duly advertised and posted in accordance with the Charter and Bylaws of the Town of Yarmouth, and the laws of the Commonwealth of Massachusetts.

From the minutes

“MOTION: That the Board of Selectmen adopt the Warrant for the November 8, 2022 State Election and direct the Town Clerk to have said warrant duly advertised and posted in accordance with the Charter and Bylaws of the Town of Yarmouth, and the laws of the Commonwealth of Massachusetts. Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

Read it in the official minutes, page 15 (PDF)

Hereby delegates its authority given under Chapter 92, Section 72 of the Acts of 2022 to detail a sufficient number of police officers or constables for each building that contains the polling...

Minutes, page 15

Adopt orderPassed · Unanimous, 5 present

That the Board of Selectmen hereby delegates its authority given under Chapter 92, Section 72 of the Acts of 2022 to detail a sufficient number of police officers or constables for each building that contains the polling places for one or more precincts at every election therein to preserve order and to protect the election officers and supervisors from interference with their duties and to aid in enforcing the laws relating to the elections to the Chief of Police in consultation with the Town Clerk.

From the minutes

“MOTION: That the Board of Selectmen hereby delegates its authority given under Chapter 92, Section 72 of the Acts of 2022 to detail a sufficient number of police officers or constables for each building that contains the polling places for one or more precincts at every election therein to preserve order and to protect the election officers and supervisors from interference with their duties and to aid in enforcing the laws relating to the elections to the Chief of Police in consultation with the Town Clerk. Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

Read it in the official minutes, page 15 (PDF)

Adopt the warrant for the November 30, 2022 Old Kings Highway Annual Meeting and direct the Town Clerk to have said warrant duly advertised and posted in accordance with the Charter and Bylaws of...

Minutes, page 15

ApprovePassed · Unanimous, 5 present

That the Board of Selectmen adopt the warrant for the November 30, 2022 Old Kings Highway Annual Meeting and direct the Town Clerk to have said warrant duly advertised and posted in accordance with the Charter and Bylaws of the Town of Yarmouth, and the laws of the Commonwealth of Massachusetts. I further move that the Board of Selectmen set the date and time of November 21, 2022 at 4:30 p.m. to be the deadline for candidates to return nomination papers to the Town Clerk's Office for certification to be included on the Old Kings Highway Annual Meeting Ballot.

From the minutes

“MOTION: That the Board of Selectmen adopt the warrant for the November 30, 2022 Old Kings Highway Annual Meeting and direct the Town Clerk to have said warrant duly advertised and posted in accordance with the Charter and Bylaws of the Town of Yarmouth, and the laws of the Commonwealth of Massachusetts. I further move that the Board of Selectmen set the date and time of November 21, 2022 at 4:30 p.m. to be the deadline for candidates to return nomination papers to the Town Clerk's Office for certification to be included on the Old Kings Highway Annual Meeting Ballot. Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

Read it in the official minutes, page 15 (PDF)

Approve the Minutes of February 16, 2021

Minutes, page 16

ProceduralPassed · 3–0

To approve the Minutes of February 16, 2021.

Yes: Forest, Horgan, StoneAbstained: McGurrin, Smith

From the minutes

“MOTION: To approve the Minutes of February 16, 2021. Motion by: Dan Horgan Seconded by: Mark Forest Vote: 3 ayes; 0 nays; 2 abstentions (Peter Smith; Dorcas McGurrin). The motion passed..” (Motion: Horgan, second: Forest)

Read it in the official minutes, page 16 (PDF)

Approve the Minutes of March 29, 2022

Minutes, page 16

ProceduralPassed · Unanimous, 5 present

To approve the Minutes of March 29, 2022.

From the minutes

“MOTION: To approve the Minutes of March 29, 2022. Motion by: Peter Smith Seconded by: Dan Horgan Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Smith, second: Horgan)

Read it in the official minutes, page 16 (PDF)

Approve the Consent Agenda

Minutes, page 17

ApprovePassed · Unanimous, 5 present

To approve the Consent Agenda.

From the minutes

“MOTION: To approve the Consent Agenda. Motion by: Dan Horgan Seconded by: Mark Forest Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Forest)

Read it in the official minutes, page 17 (PDF)

Adjourn

Minutes, page 17

ProceduralPassed · Unanimous, 5 present

To adjourn.

From the minutes

“MOTION: To adjourn. Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 5 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

Read it in the official minutes, page 17 (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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