← Yarmouth Select Board

Yarmouth Select Board · 2023–2024 Board · Regular meeting

October 17, 2023

25 recorded votes, 21 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

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

Absent: Dorcas McGurrin

Every vote, in order

Close the public portion of the hearing

Minutes, page 3

ProceduralPassed · Unanimous, 4 present

To close the public portion of the hearing.

From the minutes

“MOTION: To close the public portion of the hearing. Motion by: Peter Q. Smith Seconded by: Dan Horgan Vote: 4 ayes; 0 nays; 1 member absent. Motion carried unanimously..” (Motion: Smith, second: Horgan)

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

Approve the license as presented, subject to compliance with all Town Department requirements

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To approve the license as presented, subject to compliance with all Town Department requirements.

From the minutes

“MOTION: To approve the license as presented, subject to compliance with all Town Department requirements. Motion by: Peter Q. Smith Seconded by: Dan Horgan Vote: 4 ayes; 0 nays; 1 member absent. Motion carried unanimously..” (Motion: Smith, second: Horgan)

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

Adopt the Warrant for the November 29, 2023 Old King's Highway Annual Meeting and Election and direct the Town Clerk to have said warrant duly advertised and posted in accordance with the Charter...

Minutes, page 3

ApprovePassed · Unanimous, 4 present

That the Board of Selectmen adopt the Warrant for the November 29, 2023 Old King's Highway Annual Meeting and 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. Further, that the Board of Selectmen set the date and time of Monday, November 20, 2023 at 4:30 p.m. to be the deadline for candidates to obtain nomination papers from the Town Clerk's Office, and Wednesday, November 22, 2023 at 4:30 p.m. as the deadline for candidates to return nomination papers to the Town Clerk's Office for certification to be included on the Old King's Highway Annual Meeting Ballot.

From the minutes

“MOTION: That the Board of Selectmen adopt the Warrant for the November 29, 2023 Old King's Highway Annual Meeting and 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. Further, that the Board of Selectmen set the date and time of Monday, November 20, 2023 at 4:30 p.m. to be the deadline for candidates to obtain nomination papers from the Town Clerk's Office, and Wednesday, November 22, 2023 at 4:30 p.m. as the deadline for candidates to return nomination papers to the Town Clerk's Office for certification to be included on the Old King's Highway Annual Meeting Ballot. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 4 ayes; 0 nays; 1 member absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

That pursuant to Mass

Minutes, page 3

ApprovePassed · Unanimous, 4 present

That pursuant to Mass. General Laws Chapter 54, Section 34, the Board hereby votes to discontinue the use of the AccuVote Optical Scan Tabulator within the Town of Yarmouth and replace the AccuVote Optical Scan Tabulator with the ImageCast Precinct 2 (ICP) Tabulators. The use of the ICP Tabulators will commence with the March 5, 2024 Presidential Primary and will continue for all subsequent elections held within the Town of Yarmouth. And further, the Board further directs the Town Clerk to move forward and take any act or action necessary to complete the purchase of the ICP Tabulators.

From the minutes

“MOTION: That pursuant to Mass. General Laws Chapter 54, Section 34, the Board hereby votes to discontinue the use of the AccuVote Optical Scan Tabulator within the Town of Yarmouth and replace the AccuVote Optical Scan Tabulator with the ImageCast Precinct 2 (ICP) Tabulators. The use of the ICP Tabulators will commence with the March 5, 2024 Presidential Primary and will continue for all subsequent elections held within the Town of Yarmouth. And further, the Board further directs the Town Clerk to move forward and take any act or action necessary to complete the purchase of the ICP Tabulators. Motion by: Mark Forest Seconded by: Peter Q. Smith Vote: 4 ayes; 0 nays; 1 member absent. Motion carried unanimously..” (Motion: Forest, second: Smith)

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

Should execute the purchase and sales agreement between the Town of Yarmouth and the Roman Catholic Bishop of Fall River with respect to the property on Higgins Crowell Road, being shown as lots 1...

Minutes, page 10

ApprovePassed · 3–0

That the Board should execute the purchase and sales agreement between the Town of Yarmouth and the Roman Catholic Bishop of Fall River with respect to the property on Higgins Crowell Road, being shown as lots 1 through 10 on a plan of land entitled, "Plan of Land in West Yarmouth, Massachusetts for John T. Wiggin, Scale 1 inch equals 60 feet, July 1, 1986, Thomas E. Kelley, Professional Land Surveyor," and filed with the Barnstable County Registry of Deeds in Plan Book 420, page 59.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: That the Board should execute the purchase and sales agreement between the Town of Yarmouth and the Roman Catholic Bishop of Fall River with respect to the property on Higgins Crowell Road, being shown as lots 1 through 10 on a plan of land entitled, "Plan of Land in West Yarmouth, Massachusetts for John T. Wiggin, Scale 1 inch equals 60 feet, July 1, 1986, Thomas E. Kelley, Professional Land Surveyor," and filed with the Barnstable County Registry of Deeds in Plan Book 420, page 59. Motion by: Mike Stone Seconded by: Mark Forest Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Stone, second: Forest)

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

That the Town of Yarmouth, through its Board of Selectmen, approve the agreement between the Town of Yarmouth and the Massachusetts Clean Energy Center, said agreement titled "Community Agreement...

Minutes, page 10

ApprovePassed · 3–0

That the Town of Yarmouth, through its Board of Selectmen, approve the agreement between the Town of Yarmouth and the Massachusetts Clean Energy Center, said agreement titled "Community Agreement for Yarmouth Assistance Program," as provided at the Board's regular meeting on October 17" (today), and further hereby authorize the Chair of the Board to execute the agreement on behalf of the Board.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: That the Town of Yarmouth, through its Board of Selectmen, approve the agreement between the Town of Yarmouth and the Massachusetts Clean Energy Center, said agreement titled "Community Agreement for Yarmouth Assistance Program," as provided at the Board's regular meeting on October 17" (today), and further hereby authorize the Chair of the Board to execute the agreement on behalf of the Board. Motion by: Mark Forest Seconded by: Dan Horgan Discussion: The Chairman asked if Town Counsel reviewed the agreement. Mr. Scott confirmed that each iteration and detail with MassCEC was worked out with the assistance of Elizabeth Lydon from Jay Talerman's office (Mead, Talerman, and Costa LLC). Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Accept the consent agenda

Minutes, page 10

ApprovePassed · 3–0

To accept the consent agenda.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To accept the consent agenda. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Approve the minutes of January 24, 2023

Minutes, page 11

ProceduralPassed · 3–0

To approve the minutes of January 24, 2023.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To approve the minutes of January 24, 2023. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 1

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 1.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 1. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 2, to finance the Middle School for the next fiscal year

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 2, to finance the Middle School for the next fiscal year.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 2, to finance the Middle School for the next fiscal year. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 3, on the Opioid Settlement

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 3, on the Opioid Settlement.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 3, on the Opioid Settlement. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 4, Fire Department Capital Expense

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 4, Fire Department Capital Expense.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 4, Fire Department Capital Expense. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 5, Police Capital Expense

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 5, Police Capital Expense.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 5, Police Capital Expense. Motion by: Mark Forest Seconded by: Dan Horgan Discussion: The Chairman explained that it was for $23,000 to upgrade the Police State Fire Alarm System. Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 6, Department of Natural Resources Capital Expense

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 6, Department of Natural Resources Capital Expense.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 6, Department of Natural Resources Capital Expense. Motion by: Mark Forest Seconded by: Dan Horgan Discussion: The Chairman explained that it was to replace a 2013 Ford Explorer with a Ford Lightning pickup. Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 7, Elections Capital Expense of 15,000

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 7, Elections Capital Expense of 15,000.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 7, Elections Capital Expense of 15,000. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 9, on Construction and Demolition Area Design

Minutes, page 11

ApprovePassed · 3–0

To recommend Article 9, on Construction and Demolition Area Design.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 9, on Construction and Demolition Area Design. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

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

Recommend Article 10, on ME Small School Repair

Minutes, page 12

ApprovePassed · 3–0

To recommend Article 10, on ME Small School Repair.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 10, on ME Small School Repair. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Recommend Article 11, for a Riverwalk Park Eversource Easement

Minutes, page 12

ApprovePassed · 3–0

To recommend Article 11, for a Riverwalk Park Eversource Easement.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 11, for a Riverwalk Park Eversource Easement. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Recommend Article 12, which is a Riverwalk Park grant

Minutes, page 12

ApprovePassed · 3–0

To recommend Article 12, which is a Riverwalk Park grant.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 12, which is a Riverwalk Park grant. Motion by: Mark Forest Seconded by: Dan Horgan Discussion: The Town Administrator explained that $487,080 grant was requested, and the article creates the wording necessary that would tie the grant directly to the reimbursement of funds appropriated at the Annual Town Meeting from April. Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Recommend Article 13, Wastewater Financing

Minutes, page 12

ApprovePassed · 3–0

To recommend Article 13, Wastewater Financing.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 13, Wastewater Financing. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Recommend Article 14, OPEP Expenses

Minutes, page 12

ApprovePassed · 3–0

To recommend Article 14, OPEP Expenses.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 14, OPEP Expenses. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Recommend Article 17, Notice of Town Meeting

Minutes, page 12

ApprovePassed · 3–0

To recommend Article 17, Notice of Town Meeting.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 17, Notice of Town Meeting. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Recommend Article 20, which was about the signs

Minutes, page 12

ApprovePassed · 3–0

To recommend Article 20, which was about the signs.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To recommend Article 20, which was about the signs. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Approve and execute the Special Town Meeting Warrant for November 7, 2023

Minutes, page 12

ApprovePassed · 3–0

To approve and execute the Special Town Meeting Warrant for November 7, 2023.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To approve and execute the Special Town Meeting Warrant for November 7, 2023. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. Motion carried unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 12 (PDF)

Adjourn

Minutes, page 13

ProceduralPassed · 3–0

To adjourn.

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 Peter Smith). Showing the count only.

From the minutes

“MOTION: To adjourn. Motion by: Mark Forest Seconded by: Dan Horgan Vote: 3 ayes; 0 nays; 2 members absent. The motion passed unanimously..” (Motion: Forest, second: Horgan)

Read it in the official minutes, page 13 (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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