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Town of Yarmouth January 29, 2013 Board of Selectmen DRAFT Minutes

Board of Selectmen Regular Meeting January 29, 2013

The regular meeting was called to order at 7:00p.m. in the Town Hall Hearing Room by Chairman Erik Tolley. Selectmen present: Curt Sears, Jim Quirk, Norman Holcomb and Tracy Post. Also Attending: Town Administrator William G. Hinchey. The Board of Selectmen gave the pledge of allegiance.

Public Announcements & Comments 1. Cape Light Compact Award Presentation Cape Light Compact Chairman Joyce Flynn announced that Yarmouth won the CLC Home energy Audit competition. She presented a check of $8,000 to the Town that will be split between the Recreation and Senior Services Divisions. Ms. Armstrong and Ms. Marciante thanked the CLC for the opportunity. Andrea St. Germain announced that the DYSC has been holding meetings around both communities about the DY School Advantage. She highlighted a few dates the School Committee will be hosting a School Advantage week, enrollment registration dates and the student council Valentine Dance at the Senior Center. Ms. Vida Morris spoke against proposals from Town departments and the school for new capital items. She also asked about obtaining information about the proposed dog park and iPads for the schools. Mr. Tolley stated that the Board has not received a budget proposal from the School and is unaware of any iPad request. The meeting was turned over to Licensing Chairman Curt Sears.

Public Hearing 1. Transfer of Annual All Alcohol, Weekday and Sunday licenses from Jamiel Hospitality Company

LLC dba Ardeo at Kings Way to The Diamond in the Rough Food Group LLC dba The Diamond in the Rough, 81 Kings Circuit, Yarmouth Port, MA.

Mr. Sears read the legal ad into the record. Application represented by Stacie Wright who explained her food hospitality background and the proposed operation at Kings Way. No comments from the public. MOTION: To move that the Board of Selectmen close the public hearing. Motion by: Jim Quirk Seconded by: Tracy Post Yea 5 Nay 0 Mr. Holcomb asked about the seating arrangement/occupancy and the owner association. Ms. Wright stated that the seating remains the same as the previous owner, and she has been approved by the owner association restaurant committee for the proposed operation. Mr. Sears confirmed that if the association did not approve of the operation, a lease would not have been offered to the applicant. Mr. Holcomb asked about the egresses, which Ms. Wright reviewed the floor plan. Mr. Holcomb expressed concern with the location of the entertainment blocking an egress. Ms. Wright stated that the Building Commissioner and the Fire Department have inspected the property and floor plan and have approved the proposal, and she stated the entertainment would not block the egress. Outdoor service will be continued, which Mr. Tolley asked what preventive measures are in place to keep alcohol on the licensed premise. Ms. Wright explained what plan is in place for training and monitoring. MOTION: To move that the Board of Selectmen approve the transfer of the licenses as amended with a 9pm limit on outdoor entertainment amplification and no obstruction of egress by entertainment. Motion by: Jim Quirk Seconded by: Tracy Post Yea 5 Nay 0 2. New Secondhand Dealer license from William Sharkey, Bass River Coins, 1345 Route 28,

South Yarmouth, MA


Mr. Sears read the legal ad into the record. Application represented by William Sharkey. The business has been in existence for over 33 years yet due to the recent by-law change it is required to obtain a license. No public comment. MOTION: To move that the Board of Selectmen close the public hearing. Motion by: Jim Quirk Seconded by: Norm Holcomb Yea 5 Nay 0 Mr. Quirk spoke in favor of the application. Mr. Tolley reinstated that the license only permits existing operation, not amending the operation. MOTION: To move that the Board of Selectmen approve the license application. Motion by: Norm Holcomb Seconded by: Jim Quirk Yea 5 Nay 0 The meeting was turned back to Chairman Tolley. Mayflower Place Open Space Discussion Town Planner Kathy Williams briefly explained the project, the Cape Cod Commission public hearing standards, and presented three different options of benefits the project could contribute from mitigation funds towards enhancing the Baxter Grist Mill area. The Mayflower Place was represented by Atty. Andrew Singer and David Kelly. Mr. Singer reviewed in more details the possible mitigation fund designations which the Selectmen could recommend to the Cape Cod Commission. Mr. Holcomb spoke in favor of all of the proposed work along 28 and asked about adding parking for the vista portion of the pond. Ms. Williams stated that there isn’t room to make additional parking due to conservation areas but there will be dedicated parking for the grist mill on the Mayflower Place property. Mr. Holcomb asked for more detail on the mitigation fee requirements. Mr. Singer explained that the Commission requires new development or redevelopment to provide certain amount of open space. It can either be on or off site, through a cash contribution or a mix of both, which is being proposed. The entire property is over 40 acres, some open space that was out into a conservation easement back in 1987. There is an open space plan that will expand the onsite open space. The plan will not meet the requirement so the equivalent shortfall will be approximately $33,000. There is also a fair-share mitigation cost for traffic that is formula specific. Mr. Holcomb asked if projections of increased ambulance runs could be elaborated upon. Ms. Williams spoke about discussions with the Fire Department regarding rough numbers of possible increased calls that could create additional $90-$105K expense. However the project would create new jobs not only within Mayflower but ancillary as well, so the big picture of the project needs to remain in the forefront. Mr. Singer mentioned that Mayflower has buses to transport residents, and have a contract with a local ambulance service for non-emergency transports. In addition, calls to Mayflower have reduced in the past few years because of the preventive on-site care Mayflower has implemented. Mr. Quirk spoke in favor of the project. Ms. Post supported the dialog of the mitigation options and asked what was being asked from the Board at this time. Ms. Williams stated what was being requested from the Board is confirming favorable options of open space mitigation funds. The Conservation Commission was in favor of vista pruning and invasive species/phragmite removal from the pond. Ms. Post was in favor of all of the items and supports the memo that was provided. Mr. Singer stated that the Mayflower Place was in favor and agreed to the Initial one time activities: new parking for the Grist Mill, handicap accessible walking path from new parking to the Mill, directional signage from new parking to Mill and an access easement across Mayflower Place property for access from parking to the Mill for vehicles and pedestrians. Mayflower Place has not made a decision on the other listed initial one time activities, however agreed to the vista pruning every three years and the phragmite removal as continuous maintenance of the grist mill grounds and pond. Ms. Post asked if the $33K additional open space mitigation funds could be used towards maintenance of the property and Ms. Williams replied that the Commission would not allow that option or even waiving the fee in lieu of a $33K donation that could be applied towards maintenance. The Commission wanted the funds to go towards the purchase or protection of open space. Conservation Agent Kerry Muldoon spoke about the items the Conservation Commission was in favor of. Mr. Quirk asked about the cost associated with the options, and Mr. Singer reviewed each individually. Mr. Sears asked about what plan the Mayflower Place has for disposal of pharmaceuticals and narcotics. Mr. Singer described the existing plan in place which would continue to the expanded facilities. There would be increased


flow however treated more thoroughly than in the past with the new facility located further from the environmentally sensitive area which the proposed expansion will be. The Board agreed that they are overall in favor of the project and the open space mitigation funds would ultimately be decided by the Cape Cod Commission. However, the Board wanted included with their letter of support of the project to the Commission noted emphasis of the Fire Department impact and mitigation funds used solely for Yarmouth. MOTION: To move that the Board of Selectmen send a letter in favor of the project yet emphasizing the desire to use the mitigation funds on Yarmouth projects. Motion by: Tracy Post Seconded by: Jim Quirk Yea 4 Nay 0 Abstain 1

Annual Town Meeting Warrant Article Review 1. Community Preservation Committee Articles Represented by CPC Chairman Gary Ellis and Jen Coutinho. Mr. Ellis reviewed the members of the Committee, and reviewed the recommendations for the proposed 12 CPC articles. There was 3 million dollars in funds available and the Committee is recommending spending 2.1 million in projects. Mr. Ellis elaborated on each of the articles. MOTION: To move that the Board of Selectmen recommend Article 15. Motion by: Curt Sears Seconded by: Tracy Post Yea 5 Nay 0 MOTION: To move that the Board of Selectmen recommend Article 16. Motion by: Jim Quirk Seconded by: Curt Sears Yea 5 Nay 0 MOTION: To move that the Board of Selectmen recommend Article 17, Affordable Housing Trust funds. Motion by: Tracy Post Seconded by: Jim Quirk Yea 5 Nay 0 The Motel Redevelopment Program is a new program which would be administered by the Affordable Housing Trust. There are no current applicants at this time but this money would be used for subsidizing of affordable housing construction. Mr. Holcomb voiced concern with the timeline of the program and how funding dates are contractual on a case-to-case basis rather than in the article. Mr. Ellis, Mr. Sears and Mr. Roche gave examples of past projects/practice. MOTION: To move that the Board of Selectmen recommend Article 18, Motel Redevelopment Program. Motion by: Jim Quirk Seconded by: Curt Sears Yea 5 Nay 0 MOTION: To move that the Board of Selectmen recommend Article 19, Taylor Bray Farm Archeological Survey Phase 3. Motion by: Curt Sears Seconded by: Jim Quirk Yea 5 Nay 0 MOTION: To move that the Board of Selectmen recommend Article 20, 1st Congregational Church window. Motion by: Jim Quirk Seconded by: Curt Sears Yea 5 Nay 0 The CPC placed a condition on the Baxter Grist Mill Dam application to have the Town appoint a group prior to July 1, 2013 to address the master plan and site improvements of the property. The money is for the design and specs, not for reconstruction. Mr. Sears felt that this application should have been paid for through capital rather than CPC but feels committed and responsible to get the project started. It is located in a Gateway area. MOTION: To move that the Board of Selectmen recommend Article 21, Baxter Grist Mill Dam. Motion by: Jim Quirk Seconded by: Curt Sears Yea 5 Nay 0 MOTION: To move that the Board of Selectmen recommend Article 22, Cobbler Shop. Motion by: Curt Sears Seconded by: Jim Quirk Yea 5 Nay 0 Mr. Sears voiced concerned that this application should be a capital item rather than CPC. He asked how the courts will be maintained. Sandy Cashen stated that the majority of the courts use is from the community rather than the school, the Town of Dennis CPC is also contributing money to restore the courts. MOTION: To move that the Board of Selectmen recommend Article 23, DY Tennis Courts.


Motion by: Norm Holcomb Seconded by: Erik Tolley Yea 5 Nay 0 Mr. Sears requested the article to be deferred due to the unknown status of the RFI that is due in February. There was discussion on the probable interest for the property as use as a marina. MOTION: To move that the Board of Selectmen recommend Article 24, Parkers River Marine Park design. Motion by: Tracy Post Seconded by: Norm Holcomb Yea 3 Nay 2 There was discussion on the Community Connections garden and the Board did not feel this article warranted their support of funding therefore the article was removed from consideration. The Sailing Center rehab Article also generated discussion on flood zone, ADA compliance and insurance. Dorcus McGurrin spoke in favor of the project. Ms. Coutinho stated the property was purchased in 2005 with CPC money with the intention that the building rehab would be done in the future. The Board deferred their recommendation until insurance information is brought forth. 2. Petitioned Article – Rescind 5/4/09 Annual Town Meeting Article 23 Presented by Elvio Rodrigues who explained the premise of his petitioned Article. Mr. Gary Ellis read the CPC statement, supporting Affordable Housing initiatives yet recognizing the lack of initiative from the Housing Authority to obtain match funding since the CPC funds were approved at the 2009 Annual Town Meeting. Mr. Sears doubts the negative impacts Mr. Rodrigues claims would occur if the development were to occur at the property, however Mr. Sears supports the rescinding of funding because of the lack of cooperation from the Housing Authority. Ms. Post asked about the progress of the formed sub-committee, which Mr. Quirk replied he never received a response from the Housing Authority to have a meeting. MOTION: To move that the Board of Selectmen recommend Article 27, the Petitioned Article. Motion by: Curt Sears Seconded by: Tracy Post Yea 5 Nay 0

Meeting was turned over to Appointments Chair Jim Quirk Board and Committees 1. Reappointment

� Personnel Board [1 member] MOTION: To move that the Board of Selectmen reappoint member of the Personnel Board. Motion by: Tracy Post Seconded by: Norm Holcomb Yea 5 Nay 0

� Board of Registrars [1 member] MOTION: To move that the Board of Selectmen reappoint member of the Board of Registrars. Motion by: Tracy Post Seconded by: Norm Holcomb Yea 5 Nay 0 2. Appointment – Mid Cape Cultural Council [1 member] MOTION: To move that the Board of Selectmen appoint member of the Mid Cape Cultural Council. Motion by: Tracy Post Seconded by: Curt Sears Yea 5 Nay 0

The meeting was turned back to Chairman Tolley. Board of Selectmen 1. DY Budget Discussion Ms. Post updated the Board on last week’s School Committee meeting, revolving around the cost savings from Lawrence MacArthur School. Ms. Woodbury stated at the School Committee meeting Yarmouth sent a letter to her confirming a 2.5% increase over last year’s budget. Ms. Post stated that the Board did not discuss the closing of Lawrence MacArthur when that letter was sent to Ms. Woodbury therefore it should not be assumed the 2014 budgeted 2.5% increase was based upon the 2013 budget. The Board discussed the savings of LCM and whether the savings stays within the school or credited back to the Town. Mr. Hinchey stated the Board had not seen the school budget presentation; along with Chapter 70 budget and formula distribution therefore there are still many factors to consider. 2. Approval of Minutes MOTION: To move that the Board of Selectmen approve minutes of November 27th.


Motion by: Curt Sears Seconded by: Tracy Post Yea 5 Nay 0 MOTION: To move that the Board of Selectmen approve minutes of December 4th. Motion by: Tracy Post Seconded by: Norm Holcomb Yea 4 Nay 0 Abstain 1 3. Individual Items Norm Holcomb asked if there would be a discussion on the 6A sidewalk snow removal. Mr. Hinchey stated that it wasn’t printed on the agenda however was included in the packet. Mr. Tolley stated that it can be placed on next week’s meeting, as well as other updates listed below. Mr. Holcomb elaborated on his issues of sidewalks not being plowed and voiced concern on liability. Mr. Holcomb asked about Ambulance write-offs and had not heard from the ambulance company for a monthly meeting.

Town Administrator’s Items 1. Consent Agenda � One Day Entertainment License – Bass River Arts & Craft Festival � Donations

1. DPW - Streetlights � Dianne Duffy $80.00 � Jerry Allee $80.00 � Philip Simonian $80.00 � Barbara St. Cyr $80.00 � David Woodward $80.00

$480.00 2. Parks & Recreation – Boardwalk Planks

� Doug Illsley $150.00 � Janice McCarthy $150.00 � Elizabeth Vinci $150.00

$450.00

TOTAL $930.00 MOTION: To move that the Board of Selectmen approve the Consent Agenda. Motion by: Curt Sears Seconded by: Tracy Post Yea 5 Nay 0 2. Updates

� Winslow Gray & Route 28 Intersection � 6A Safety Plan of Action

Mr. Hinchey summarized on the speeding safety of 6A. A meeting took place between residents and the Police Department resulting in a study request to the Commission. Mr. Hinchey also explained the history of snow plowing of 6A sidewalks and provided some options the Board could choose.

� Wellhead Protection

Adjourn MOTION: To move that the Board of Selectmen adjourn the meeting at 10:40pm Motion by: Jim Quirk Seconded by: Tracy Post Yea 5 Nay 0

Respectfully submitted, Elizabeth G. Hartsgrove

Town of Yarmouth February 5, 2013 Board of Selectmen DRAFT

Board of Selectmen Regular Meeting February 5, 2013

The regular meeting was called to order at 7:00p.m. in the Town Hall Hearing Room by Chairman Erik Tolley. Selectmen present: Curt Sears, Jim Quirk, Norman Holcomb and Tracy Post. Also Attending: Town Administrator William G. Hinchey. The Board of Selectmen gave the pledge of allegiance.

Public Announcements & Comments 1. Assembly of Delegates member Suzanne McAuliffe Assembly of Delegates member Suzanne McAuliffe provided an update to the Board of current issues; food bank, regional dispatch, wastewater report focus groups on watershed areas, Cape Light Compact/CVEC and restructuring the County government. Mr. Tolley asked about the Aquaculture Research Center wind turbine status. Ms. McAuliffe stated that there has not been any movement on the Research Center because of litigation. CC Regional Tech School Yarmouth Representative brought forth a number of students who thanked the Board for their support and the given opportunity. Bob Sanborn elaborated on the benefits of the Tech School yet explained the recent challenges and restraints placed upon them to promote the available studies. Peter Kenney asked when the Board will invite the CLC and CVEC to a future meeting, allowing the public to comment and ask questions. Mr. Kenney voiced concerns with conflicts of interest with the attorney Jeff Bernstein who represents both CLC and CVEC, and the lack of posted public records. Mr. Kenney stated that though he is involved with the private sector of deregulated energy he asked why CLC is paying a ½ cent more than the electric company. Mr. Sears questioned why CLC and CVEC do not have an effective open government. Ms. Post stated that at the Annual Conference the Cape Cod Councilors Association she talked to Mary Pat Flynn who confirmed the separation of the two organizations however not until 2014. Andrea St. Germain updated the Board on school activities and inviting the Board to the DY Advantage week. The meeting was turned over to Licensing Chair Curt Sears Public Hearing 1. Special Liquor License. Wine tasting event on February 16, 2013 at the Wicked Dance

Academy – Ballroom Bliss, 316 Rte 28, West Yarmouth on Saturday, February 5. Mr. Sears read the legal ad. Application represented by Doug McHugh, owner of Ballroom Bliss, who will be holding a wine and cupcake tasting event paired with tango lessons. The event was previously help at the Cultural Center but being relocated to the Wicked Dance premise. No one from the public commented. MOTION: To move that the Board of Selectmen close the public hearing. Motion by: Tracy Post Seconded by: Norm Holcomb Yea 5 Nay 0 MOTION: To move that the Board of Selectmen approve the special liquor license. Motion by: Jim Quirk Seconded by: Tracy Post Yea 5 Nay 0 2. New Annual All Alcohol License. Town of Yarmouth, Jim Armentrout mgr. d.b.a. The

Grille at Bayberry Hills, 635 West Yarmouth Road, W.Y.


Mr. Sears read the Legal Ad and application represented by Golf Director Jim Armentrout who explained the proposed the food service operation accompanied by total golf course service similar to what was previously permitted at Bayberry. No comments from the public. MOTION: To move that the Board of Selectmen close the public hearing. Motion by: Norm Holcomb Seconded by: Tracy Post Yea 5 Nay 0 Ms. Post asked if an increase of events were planned, which Mr. Armentrout stated that inclusive golf packages were intended, similar to what is offered at Bass River. Mr. Quirk spoke in favor of the application, believing this opportunity will provide a tool to increase revenue in the enterprise fund. Mr. Tolley remembered when the Town applied for the Bass River license and he was initially opposed to the concept of the Town being a license holder however he feels now that Mr. Armentrout has proven responsibility. Mr. Sears asked if a manager would be at the club house at all times when the restaurant was open and serving, which Mr. Armentrout affirmed a manger would be on the premise. MOTION: To move that the Board of Selectmen approve the special liquor license. Motion by: Tracy Post Seconded by: Norm Holcomb Yea 4 Nay 1 The meeting was turned back to Chairman Tolley. 3. Dog Hearing – To be continued to future meeting Though the hearing has been rescheduled to a future meeting, Mr. Tolley read the legal ad to properly open the public hearing as advertised. Mr. Karl vonHone explained the reasoning behind the continuation of the hearing until February 26th. No comments from the public. MOTION: To move that the Board of Selectmen continue the hearing until February 26th, 2013. Motion by: Curt Sears Seconded by: Tracy Post Yea 5 Nay 0

Board of Selectmen 1. Continued Discussion on Dog Park Mr. Karl vonHone briefly reviewed his memo that was included in the packet updated the Board on the Dog park free cash grant, reducing the costs of the project from $100,000 to $45,000. The Friends for Yarmouth Dog Park has raised approximately $15,000 and $2,000 grant was awarded as well that will be put towards the park, along with in-kind services. Ms. Post asked about the benefits and continued concerns. Mr. vonHone stated that Dog Parks have become more popular recently considering that dogs are prohibited in most public places on the Cape; beaches and human parks. These dog parks allow for more socialization between dogs that is important in a contained area. This is a significant benefit for both the dogs and owners. One negative might be an increase of dog bites within the facility however most who attend the parks are extremely attentive to the rules and regulations as well as maintaining the area. The current dog population is roughly between 3-5 thousand at any given time. The Recreation Commission identified a dog park in the Sandy Pond area back in 2003 and plans for the park was already approved in a previous phase. The Free Cash Grants are voted upon at the Annual Town meeting in April. Mr. Holcomb considers this as a luxury item and spoke about fiscal restraint suggesting of postponing this free cash grant item. Mr. Hinchey reviewed the stabilization fund and the purpose of Free Cash Grants as a way to jump start services and programs. Mr. Tolley asked about liability. Mr. vonHone explained the liability still remains on the owner if a bite occurs. Mr. Tolley asked about maintenance, which Mr. vonHone stated the design of the park creates minimal maintenance however volunteered clean-up in Spring and Fall has already been agreed to by the Friends of the Yarmouth Dog Park. Ms. Post asked if an agreement could be made guarantying the maintenance. There was some discussion revolving around whether or not to include the dog park as a free cash grant item. MOTION: To move that the Board of Selectmen recommend $45,000 for FY14 Free Cash Grant for the Dog Park being brought forward, conditioned there is a maintenance agreement between the Town and the Friends, along with the $17,000 donation of raised funds. Motion by: Jim Quirk Seconded by: Tracy Post Yea 4 Nay 1 2. Individual Items Curt Sears spoke favorably about the high school concerts.


Erik Tolley asked the opinion of the other selectmen attending other board and committee meetings and having them speak on behalf of the board at those meetings without having been requested or authorized to do so. Mr. Tolley feels against such individual actions, absent of authorization. Mr. Quirk explained his understanding of liaison interaction vs. representation at a meeting of an individual board member giving an appearance of uniformed board opinion. Ms. Post stated that she personally avoids attending meetings other than those she has been authorized to go to. She feels that her presence could sway or influence a vote. Mr. Tolley stated that if the Board chooses to allow attendance as individuals to be allowed than a policy should be drafted and approved. Mr. Holcomb stated that his elected position does not supersede his constitutional right of free speech and sees nothing wrong attending a public meeting. The Board discussed the pros and cons of individual selectmen appearing at an appointed board or committee public meeting.

Town Administrator’s Items 1. Updates

� Board of Selectmen Goals Action Plan Mr. Hinchey updated the Board on the Selectmen goals, briefly explaining the action plan that was included in the agenda packet showing progress from the departments. The Board spoke in favor of all the accomplishments made within the past 6 months. Mr. Hinchey gave an update on the school budget and the efforts the School committee is making towards reaching 2.5% increase assessment agreement with the Town of Dennis.

Adjourn MOTION: To move that the Board of Selectmen adjourn the meeting at 9:10pm Motion by: Jim Quirk Seconded by: Tracy Post Yea 5 Nay 0

Respectfully submitted, Elizabeth G. Hartsgrove

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