← Yarmouth Select Board

Yarmouth Select Board · 2022–2023 Board · Regular meeting

May 2, 2023

19 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

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

Absent: Peter Smith

Every vote, in order

Enter into Executive Session pursuant to General Laws Chapter 30A, Section 21(a)(3) to discuss strategy with respect to a certain open meeting law complaint filed against the Selectmen by Charles...

Minutes, page 1

ProceduralPassed · 3–0

To enter into Executive Session pursuant to General Laws Chapter 30A, Section 21(a)(3) to discuss strategy with respect to a certain open meeting law complaint filed against the Selectmen by Charles Day on August 15, 2022. It is the Chair's determination that having this discussion in an open session would have a detrimental effect.

The minutes give the count as 3 in favor and none opposed, but 4 members were present for this vote (Michael Stone, Dan Horgan, Mark Forest and Dorcas McGurrin). Showing the count only.

From the minutes

“MOTION: To enter into Executive Session pursuant to General Laws Chapter 30A, Section 21(a)(3) to discuss strategy with respect to a certain open meeting law complaint filed against the Selectmen by Charles Day on August 15, 2022. It is the Chair's determination that having this discussion in an open session would have a detrimental effect. Motion by: Dan Horgan Seconded by: Mark Forest Vote: 3 ayes; 0 nays; 2 members absent. The motion passed unanimously..” (Motion: Horgan, second: Forest)

Read it in the official minutes, page 1 (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 2

Adopt orderPassed · Unanimous, 4 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 elections to the Chief of Police and 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 elections to the Chief of Police and consultation with the Town Clerk. Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 4 ayes; 0 nays; 1 member absent. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

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

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: Daniel 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 3 (PDF)

Approve the petition

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To approve the petition.

From the minutes

“MOTION: To approve the petition. Motion by: Daniel Horgan Seconded by: Dorcas McGurrin Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: McGurrin)

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

Close the public hearing

Minutes, page 4

ProceduralPassed · Unanimous, 4 present

To close the public hearing.

From the minutes

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

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

Approve the application

Minutes, page 4

ApprovePassed · Unanimous, 4 present

To approve the application.

From the minutes

“MOTION: To approve the application. Motion by: Dorcas McGurrin Seconded by: Daniel Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: McGurrin, 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: Dorcas McGurrin Seconded by: Daniel Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: McGurrin, second: Horgan)

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

Approve the application as presented

Minutes, page 5

ApprovePassed · Unanimous, 4 present

To approve the application as presented.

From the minutes

“MOTION: To approve the application as presented. Motion by: Dorcas McGurrin Seconded by: Daniel Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: McGurrin, second: Horgan)

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

Close the public hearing on the Special Entertainment Extension for the Grand Opening of the Patio

Minutes, page 5

ProceduralPassed · Unanimous, 4 present

To close the public hearing on the Special Entertainment Extension for the Grand Opening of the Patio.

From the minutes

“MOTION: To close the public hearing on the Special Entertainment Extension for the Grand Opening of the Patio. Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

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

Approve the application for a one-day extension for May 28 th, as presented, however within the application it mentioned sunset, and it would be changed to 8:00 p.m

Minutes, page 5

ApprovePassed · Unanimous, 4 present

To approve the application for a one-day extension for May 28 th, as presented, however within the application it mentioned sunset, and it would be changed to 8:00 p.m.

From the minutes

“MOTION: To approve the application for a one-day extension for May 28 th, as presented, however within the application it mentioned sunset, and it would be changed to 8:00 p.m. Motion by: Mark Forest Seconded by: Dorcas McGurrin Discussion: The Chairman questioned the number of pieces in the band, and the Town Administrator clarified that there was a "less than" mathematical symbol in front of the five. It was determined that the band would have up to four pieces. Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

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

Close the public hearing on the Annual Weekday and Sunday Entertainment Amendment

Minutes, page 6

ProceduralPassed · Unanimous, 4 present

To close the public hearing on the Annual Weekday and Sunday Entertainment Amendment.

From the minutes

“MOTION: To close the public hearing on the Annual Weekday and Sunday Entertainment Amendment. Motion by: Dorcas McGurrin Seconded by: Michael Stone Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: McGurrin, second: Stone)

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

Approve the application to extend entertainment to the outdoor patio area on Fridays from 8:00 p.m. to 11:00 p.m., Saturdays, 8:00 p.m. to 11:00 p.m., and Sundays, 1:00 p.m. to 8:00 p.m

Minutes, page 6

ApprovePassed · Unanimous, 4 present

To approve the application to extend entertainment to the outdoor patio area on Fridays from 8:00 p.m. to 11:00 p.m., Saturdays, 8:00 p.m. to 11:00 p.m., and Sundays, 1:00 p.m. to 8:00 p.m.

From the minutes

“MOTION: To approve the application to extend entertainment to the outdoor patio area on Fridays from 8:00 p.m. to 11:00 p.m., Saturdays, 8:00 p.m. to 11:00 p.m., and Sundays, 1:00 p.m. to 8:00 p.m. Motion by: Dorcas McGurrin Seconded by: Daniel Horgan Discussion: Selectman Horgan noted that normally the ending time for most establishments would be 10:00 p.m., however, due to the uniqueness of the site with very few house impacted, it allowed for the later time of 11:00 p.m. Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: McGurrin, second: Horgan)

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

Endorse the appointment of Anthony Bennett as Director of Recreation

Minutes, page 9

AppointPassed · Unanimous, 4 present

To endorse the appointment of Anthony Bennett as Director of Recreation.

From the minutes

“MOTION: To endorse the appointment of Anthony Bennett as Director of Recreation. Motion by: Daniel Horgan Seconded by: Dorcas McGurrin Vote: 4 ayes; 0 nays. The motion carried unanimously..” (Motion: Horgan, second: McGurrin)

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

Appoint Mr. David Cavatorta as the Town of Yarmouth's representative to the Tony Kent Arena Board

Minutes, page 10

AppointPassed · Unanimous, 4 present

To appoint Mr. David Cavatorta as the Town of Yarmouth's representative to the Tony Kent Arena Board. This appointment is for a three-year term, which will run through April 2026.

From the minutes

“MOTION: To appoint Mr. David Cavatorta as the Town of Yarmouth's representative to the Tony Kent Arena Board. This appointment is for a three-year term, which will run through April 2026. Motion by: Daniel Horgan Seconded by: Mark Forest Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Forest)

Read it in the official minutes, page 10 (PDF)

Appoint Mr. Anthony Panebianco and Ms. Barbara Murphy as alternate members to the Town of Yarmouth Board of Appeals

Minutes, page 10

AppointPassed · Unanimous, 4 present

To appoint Mr. Anthony Panebianco and Ms. Barbara Murphy as alternate members to the Town of Yarmouth Board of Appeals. These appointments are for a one-year term, which will run through January of 2024.

From the minutes

“MOTION: To appoint Mr. Anthony Panebianco and Ms. Barbara Murphy as alternate members to the Town of Yarmouth Board of Appeals. These appointments are for a one-year term, which will run through January of 2024. Motion by: Daniel Horgan Seconded by: Mark Forest Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Forest)

Read it in the official minutes, page 10 (PDF)

Appoint Ms. Kellyn Bogle as a regular member to the Library Board

Minutes, page 10

AppointPassed · Unanimous, 4 present

To appoint Ms. Kellyn Bogle as a regular member to the Library Board. This appointment is for a three-year term, which will run through February of 2026.

From the minutes

“MOTION: To appoint Ms. Kellyn Bogle as a regular member to the Library Board. This appointment is for a three-year term, which will run through February of 2026. Motion by: Daniel Horgan Seconded by: Mark Forest Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Forest)

Read it in the official minutes, page 10 (PDF)

Approve the minutes of the meeting of April 25, 2023

Minutes, page 10

ProceduralPassed · Unanimous, 4 present

To approve the minutes of the meeting of April 25, 2023.

From the minutes

“MOTION: To approve the minutes of the meeting of April 25, 2023. Motion by: Daniel Horgan Seconded by: Mark Forest Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Horgan, second: Forest)

Read it in the official minutes, page 10 (PDF)

Consent Agenda

Minutes, page 11

ApprovePassed · Unanimous, 4 present

To move the Consent Agenda.

From the minutes

“MOTION: To move the Consent Agenda. Motion by: Mark Forest Seconded by: Daniel Horgan Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 11 (PDF)

Adjourn

Minutes, page 11

ProceduralPassed · Unanimous, 4 present

To adjourn.

From the minutes

“MOTION: To adjourn. Motion by: Mark Forest Seconded by: Dorcas McGurrin Vote: 4 ayes; 0 nays; 1 member absent. The motion passed unanimously..” (Motion: Forest, second: McGurrin)

Read it in the official minutes, page 11 (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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