← Yarmouth Select Board

Yarmouth Select Board · 2024–2025 Board · Regular meeting

August 6, 2024

11 recorded votes, 2 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Dorcas McGurrin, Tracy Post, Joyce Flynn, Mark Forest

Absent: Michael Stone

Every vote, in order

That the Yarmouth Select Board 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...

Minutes, page 2

Adopt orderPassed · Unanimous, 4 present

That the Yarmouth Select Board 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 of more precincts at every election therein to preserve the order and to protect the election officers and supervisors from interfering with their duties and to aid in enforcing the laws relating to elections to the Chief of Police in consultation with the Town Clerk.

From the minutes

“MOTION: That the Yarmouth Select Board 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 of more precincts at every election therein to preserve the order and to protect the election officers and supervisors from interfering with their duties and to aid in enforcing the laws relating to elections to the Chief of Police in consultation with the Town Clerk. Motion by: Tracy Post Seconded by: Joyce Flynn Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Post, second: Flynn)

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

Adopt the Warrant for the September 3, 2024 Massachusetts State Primary Election as presented by the Town Clerk, and direct that the Warrant be duly advertised and posted in accordance with...

Minutes, page 2

ApprovePassed · Unanimous, 4 present

That the Select Board adopt the Warrant for the September 3, 2024 Massachusetts State Primary Election as presented by the Town Clerk, and direct that the Warrant be duly advertised and posted in accordance with Massachusetts General Laws, the Town of Yarmouth's Charter, and Bylaws.

The minutes do not name a seconder.

From the minutes

“MOTION: That the Select Board adopt the Warrant for the September 3, 2024 Massachusetts State Primary Election as presented by the Town Clerk, and direct that the Warrant be duly advertised and posted in accordance with Massachusetts General Laws, the Town of Yarmouth's Charter, and Bylaws. Motion by: Tracy Post Seconded by: Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Post)

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

Endorse the MVP plan, specifically the part about coastal resiliency for the three sites mentioned tonight

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To endorse the MVP plan, specifically the part about coastal resiliency for the three sites mentioned tonight.

From the minutes

“MOTION: To endorse the MVP plan, specifically the part about coastal resiliency for the three sites mentioned tonight. Motion by: Joyce Flynn Discussion: Select Board Member Forest recommended that the motion be changed to approve the overall plan as presented. AMENDED MOTION: That the Board endorse the MVP plan as presented tonight and it the Board's full support. Motion by: Joyce Flynn Seconded by: Mark Forest Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Flynn, second: Forest)

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

Yarmouth Select Board acquire by eminent domain, for the necessary health and welfare of the Inhabitants of the Town of Yarmouth for municipal purposes, more specifically for establishing,...

Minutes, page 4

Adopt orderPassed · Unanimous, 4 present

I hereby move that the Yarmouth Select Board acquire by eminent domain, for the necessary health and welfare of the Inhabitants of the Town of Yarmouth for municipal purposes, more specifically for establishing, constructing, operating and maintaining a shared use pathway constituting a portion of the Cape Cod Rail Trail, as authorized by Article 33 of the Town of Yarmouth Annual Town Meeting, May 6, 2017; that it further authorizes the Board's Chair, Michael Stone, to execute and enter into any and all documents necessary to effectuate the acquisition of the following property: Easements in the parcels identified as "TE-23, TE-62, SL-4, TE-41, TE-42, TE-49, TE-67, PUE-27, TE-65" on a plan of land entitled, "Plan of Right of Way in the Town of Yarmouth, Massachusetts Barnstable County Showing Location of Easements for the Purpose of Constructing Cape Cod Rail Trail - Phase III for the Town of Yarmouth" dated July 29, 2024 comprised of six (6) total sheets, prepared by VHB, and to be recorded with the Barnstable County Registry of Deeds with the Order of Taking; And that, still further, the Board award damages for said eminent domain takings in the total amount of $46,400.00 to the affected record owners of said land, the amount per record owner being specified in the aforementioned Order of Taking.

From the minutes

“MOTION: I hereby move that the Yarmouth Select Board acquire by eminent domain, for the necessary health and welfare of the Inhabitants of the Town of Yarmouth for municipal purposes, more specifically for establishing, constructing, operating and maintaining a shared use pathway constituting a portion of the Cape Cod Rail Trail, as authorized by Article 33 of the Town of Yarmouth Annual Town Meeting, May 6, 2017; that it further authorizes the Board's Chair, Michael Stone, to execute and enter into any and all documents necessary to effectuate the acquisition of the following property: Easements in the parcels identified as "TE-23, TE-62, SL-4, TE-41, TE-42, TE-49, TE-67, PUE-27, TE-65" on a plan of land entitled, "Plan of Right of Way in the Town of Yarmouth, Massachusetts Barnstable County Showing Location of Easements for the Purpose of Constructing Cape Cod Rail Trail - Phase III for the Town of Yarmouth" dated July 29, 2024 comprised of six (6) total sheets, prepared by VHB, and to be recorded with the Barnstable County Registry of Deeds with the Order of Taking; And that, still further, the Board award damages for said eminent domain takings in the total amount of $46,400.00 to the affected record owners of said land, the amount per record owner being specified in the aforementioned Order of Taking. Motion by: Tracy Post Seconded by: Joyce Flynn Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Post, second: Flynn)

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

Yarmouth Select Board execute the ninety-nine (99) year Lease with the Massachusetts Department of Transportation for the right-of-way known as Hyannis Secondary Track (USRA Line Code 4174) as...

Minutes, page 4

ApprovePassed · Unanimous, 4 present

I hereby move that the Yarmouth Select Board execute the ninety-nine (99) year Lease with the Massachusetts Department of Transportation for the right-of-way known as Hyannis Secondary Track (USRA Line Code 4174) as shown on a Plan prepared by VHB entitled "Cape Cod Rail Trail Extension - Phase 3 Federal Aid Project No. pending, dated April 5, 2024" and accept a perpetual easement for Parcels 15-EG-1 and 15_EG-2 for purposes of establishing, constructing, operating, maintaining a shared use pathway constituting a portion of the Cape Cod Rail Trail, as authorized by Article 33 of the Town of Yarmouth Annual Town Meeting, May 6, 2017; that it further authorize the Board Chair, Michael Stone, to execute and enter into any and all additional documents necessary to effectuate the aforementioned lease and easement.

From the minutes

“MOTION: I hereby move that the Yarmouth Select Board execute the ninety-nine (99) year Lease with the Massachusetts Department of Transportation for the right-of-way known as Hyannis Secondary Track (USRA Line Code 4174) as shown on a Plan prepared by VHB entitled "Cape Cod Rail Trail Extension - Phase 3 Federal Aid Project No. pending, dated April 5, 2024" and accept a perpetual easement for Parcels 15-EG-1 and 15_EG-2 for purposes of establishing, constructing, operating, maintaining a shared use pathway constituting a portion of the Cape Cod Rail Trail, as authorized by Article 33 of the Town of Yarmouth Annual Town Meeting, May 6, 2017; that it further authorize the Board Chair, Michael Stone, to execute and enter into any and all additional documents necessary to effectuate the aforementioned lease and easement. Motion by: Tracy Post Seconded by: Joyce Flynn Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Post, second: Flynn)

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

Approve the Special Town Meeting Calendar for a tentative Special Town Meeting on November 19th, 2024 as presented

Minutes, page 5

ApprovePassed · Unanimous, 4 present

That the Board approve the Special Town Meeting Calendar for a tentative Special Town Meeting on November 19th, 2024 as presented.

From the minutes

“MOTION: That the Board approve the Special Town Meeting Calendar for a tentative Special Town Meeting on November 19th, 2024 as presented. Motion by: Mark Forest Seconded by: Tracy Post Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Forest, second: Post)

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

Acknowledge the resignation of Rick Bishop from the Yarmouth Conservation Commission and to thank him for his long service on the Conservation Commission

Minutes, page 5

AppointPassed · Unanimous, 4 present

That the Board acknowledge the resignation of Rick Bishop from the Yarmouth Conservation Commission and to thank him for his long service on the Conservation Commission.

From the minutes

“MOTION: That the Board acknowledge the resignation of Rick Bishop from the Yarmouth Conservation Commission and to thank him for his long service on the Conservation Commission. Motion by: Joyce Flynn Seconded by: Mark Forest Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Flynn, second: Forest)

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

Acknowledge the resignation of Ellie Lawrence from the Yarmouth Conservation Commission and to thank her for her service and her sailor's expertise that she brought to the Conservation Commission

Minutes, page 5

AppointPassed · Unanimous, 4 present

That the Board acknowledge the resignation of Ellie Lawrence from the Yarmouth Conservation Commission and to thank her for her service and her sailor's expertise that she brought to the Conservation Commission.

From the minutes

“MOTION: That the Board acknowledge the resignation of Ellie Lawrence from the Yarmouth Conservation Commission and to thank her for her service and her sailor's expertise that she brought to the Conservation Commission. Motion by: Joyce Flynn Seconded by: Mark Forest Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Flynn, second: Forest)

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

Accept the minutes for the July 23rd, 2024 meeting

Minutes, page 6

ProceduralPassed · Unanimous, 4 present

To accept the minutes for the July 23rd, 2024 meeting.

From the minutes

“MOTION: To accept the minutes for the July 23rd, 2024 meeting. Motion by: Tracy Post Seconded by: Joyce Flynn Vote: 4 ayes; 0 nays; 1 member absent (Mike Stone). The motion carried unanimously..” (Motion: Post, second: Flynn)

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

Approve the Consent Agenda

Minutes, page 7

ApprovePassed · Unanimous, 3 present

To approve the Consent Agenda.

Mark Forest was not present for this vote, as the minutes note with the count.

From the minutes

“MOTION: To approve the Consent Agenda. Motion by: Tracy Post Seconded by: Joyce Flynn Vote: 3 ayes; 0 nays; 2 members absent (Mike Stone; Mark Forest).” (Motion: Post, second: Flynn)

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

Adjourn the meeting

Minutes, page 7

ProceduralPassed · Unanimous, 4 present

To adjourn the meeting.

From the minutes

“MOTION: To adjourn the meeting. Motion by: Mark Forest Seconded by: Joyce Flynn Vote: 4 ayes; 0 nays. The motion passed unanimously..” (Motion: Forest, second: Flynn)

Read it in the official minutes, page 7 (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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