see that note about Friday he told us um he's that's what he's been shooting for good evening is the other guy won't call back to the meeting of the armor select Board of May 14th 2024 this is a hybrid meeting and therefore the following um notice is to be written into the record this is the formally advised that is required by General Law chapter 38 sections 18- 25 in pursuant to chapter 20 of the acts of 2021 an act relative to extending certain covid-19 measures adopted during the state of emergency signed into law on June 16 2021 as extended by chapter 2 of the acts of 2023 the arm select board will hold a public meeting on Tuesday May 14 2024 5:45 p.m. in the hearing room Yarmouth Town Hall 11:46 Route 28 South Yarmouth Massachusetts the public is welcome to attend either in hybrid or via the alternative Public Access provided below and the information below is from the yoth website which shows how to join this meeting by computer or telephone please rise for the pledge of allegiance to the flag of the United States of America to the repblic stand one nation under God indivisible with liberty and justice for we're deliberately running uh a few minutes late tonight we had a little um celebratory pre meeting uh meeting um with our two um incumbent selectman in this uh who are not running for re-election for reasons of their own and um we just want to let them know how much we appreciate their service to the town of Yarmouth not only in their role as a selectman but another committee um Endeavors as well and and of course with Dan Horan as as the town moderator I think Dan has logged about 12 years if I'm not mistaken between moderator and 20 20 I'm sorry did I say 12 20 I meant 20 some people forget that he was a selectman prior to serving as a moderator then he served 12 years as a moderator I believe it was and then came back and ran for the board again and Peter served on various committees the cedc he's on the um the MPC committee now and we'll continue to do that I believe after after your term is up as a board member and I know you've had many other endeavors as well so so we just want to spend a little bit of time with them let them know we appreciate their service and thank them very much for all that they've contributed to the town so let's hear I'm GNA miss you [Applause] Peter okay [Music] um I just want to say before we get into announcements and public comments that we have um from time to time missed people who have wanted to be heard remotely on public comment and um this is my interpretation but it seems to me that they've been very much put out about that and I acknowledge to those folks in writing and I'm doing it publicly again tonight we would never deliberately shut out anybody from public comment no matter who they were no matter what we felt they had to say um sometimes it's the technology sometimes um we just don't see them and um so we hope we hope that those people come in tonight and we hope even more if they do that we do recognize them and so they feel welcome to um to voice their their thoughts and opinions all right so we have a couple of appreciation of service um and and I did those with the board members we also have a public Proclamation that comes next which I believe is here should have been signed by everybody oh is that it okay dor I think Dan right yeah they dance on Dan side okay this Proclamation is for National Public Works week and it is signed by all of the members of this board um and here is what it says whereas Public Works professionals focus on infrastructure facilities and services that are of vital importance to sustainable and resilient communities and to the public health high quality of life and wellbeing of the people of the town of Yarmouth and whereas these infrastructure facilities and services could not be provided without the dedicated efforts of Public Works professionals who are Engineers managers and employees at all levels of government and the private sector who are responsible for rebuilding improving and protecting our nation's Transportation water supply water treatment and Solid Waste Systems public buildings and other structures and Facilities essential for our citizens and whereas it is in the public interest for the citizens Civic leaders and children in in the town of yth to gain knowledge of and to maintain a progressive interest in understanding the the importance of Public Works and Public Works programs in their respective communities and whereas the year 2024 marks the 64th annual National Public Works week sponsored by the American public works Association SLC Canadian Public Works Association be it now resolved wether select board for the town of Yarmouth Massachusetts to hereby designate the week May 29th May 29-25 24 as National Public Works week I urge all citizens to join with the the representatives of the American public works Association SL Canadian Public Works Association and government agencies and and and activities events and ceremonies designed to pay tribute to our Public Works professionals Engineers managers and employees and to recognize the substantial contributions they make to protecting our national health safety and quality of life given this 14th day of May 2024 okay that is a resolution of the board and has been adopted and signed by each board member um now we are going to go to public comment and we have our town clerk Mary maslowski good evening thank you I just wanted to give a friendly reminder that public announcements I'm sorry just wanted to give a friendly reminder that the town annual Town election is being held Tuesday the polls are open from 7:00 a.m. to 8:00 p.m. if anyone has a vote by mail ballot that they wish to actually use needs to be received back here at Town Hall no later than 8:00 P.M on Tuesday May 21st which is the time of the close of polls on Election Day if anyone does not have a vote by mail ballot and they are unable to attend the election on Tuesday there is still time to vote at the office they can come in during regular business hours for the rest of this week which is 8:30 to 4:30 uh Wednesday Thursday Friday um and they can vote Monday at the clerk's office counter until 12:00 noon and then once uh 12: noon has passed it is only at the polls um on Tuesday but we just wanted to make people aware of that and and let them know if if you are planning on returning that vote by mail ballot there is a deadline it is the close of polls and they do need to be returned to town hall not to the individual polling locations and if anyone has any questions about where they vote uh what their Precinct is uh please uh feel free to call the town clerk's office uh we have uh we have a means to look it up on the town website through the Secretary of State's website or you can call our office and we're happy to look it up and to help you out so that you know where you're going on Tuesday thank you thank you Mary okay she was technically under um announcements so anybody in the public comment time to Canelo good evening Mr chair thank you very much uh Tom nanal Precinct 3 um Department of Public Works week yes it's uh we are so fortunate to have those people at Department of Public Works U we thank them very much and along with that I'd just like to say my gracious words to the Mr Smith and Mr Horgan uh your passionate commitment to our community is is unspeakable so hopefully um hopefully you can uh participate and help some younger people uh make the transition into what they can do to help our community in the future uh so Mr chairman tonight the reason I come before the board is um I'm not too sure when the last time we had a petition for insulation of a street light but I bring you a petition for insulation of a street light tonight on one of our roads uh in West jth Windslow Grey Road and I believe it meets the criteria for our petition the town of yama's policy for installation of a new street light based upon meeting the requirements of Public Safety is subject to available of funds Public Safety includes lighting sidewalks on Main thorough fares well travel intersection blind dangerous curves and where General traffic problems exist request will be reviewed by the DPW and the police department uh Mr chairman um I believe it was September I'm sorry November of uh 30 November 30th of 2021 resident of Winslow gray Mr Alex grico was unfortunately hit and struck and killed by a vehicle that was making those treacherous curves on Winslow Grey Road and over the course of many months uh talking with Neighbors which they all feel the street light that are not there uh we have one street light between Joshua and all the way to Swan Lake Road and I believe the poles are like 70 ft apart so you have like seven poles with no street light as you're winding Windslow gry Road I do have a video provided uh through uh Channel 4 uh I asked the Town Administrator if we could play it under your request if you'd like to see it he can push the button and we can watch a very short clip we don't need a video all that we get the point okay so I'm going to leave this with the Town Administrator and uh we would like to uh have a followup on how this procedure works thank you very much thank you anyone else public comment nobody up there no one on the big screen scouring it okay these people say we don't recognize them then we hunt for them they they're not there it's like glorified game of hide and seek all right we're going to move on then we have two I believe it is uh retirement recognitions from the Department of Public Works yes thank you Mr chair uh Jeff Colby director of Public Works believe you have two one for Bill Lowry and one for Donald Dean Conklin would you like to do uh bill first neither of the gentleman could make it here this evening uh but I'm uh happy to talk about their illustrious careers they've both uh given significant time to the town of Yarmouth and uh really appreciate the the opportunity to um thank them for their service as well as talk about the great things they've done so happy to take them in any order you want Mr chair we have Dean Conlin and then we have um Lowry Mr Conlin has 33 years of service so let's talk about him all right Dean is a is a a very dedicated employee of the town of Yarmouth it's going to be tough to to see him go uh the history with uh Dean again it's a Donald Conlin but he goes by Dean uh is that he worked at either the commercial or the residential transfer station for uh over 30 years he started in July of 19 1991 as a operator truck driver uh he was uh promoted up through the ranks and and ultimately to transfer station Foreman in 2003 uh and then in 2013 the town contracted out that commercial transfer station operation uh to kanta and so there was a little bit of a reorganization kind of downsizing effort and uh due to his dedication uh he continued to work with the town of Yarmouth over on the residential transfer station side but there was not a foreman position open so uh he took on a heavy equipment operator position and continued in that position until uh his retirement uh throughout that 30 plus year career uh he saw things like the capping of the landfill uh he assisted in um building that existing commercial and Dem uh demolition area uh that he uh maintained just about every day of his working career which is great to see and as I mentioned before it's going to very uh difficult to see him go and as I try to do with uh uh employees with that level of expertise if they uh ever want to fill in in the future we're happy to have them come back and and uh and drive the loader for a shift because we're always having a need for that and he did such a great job with that so uh with that I want to uh thank him for his service I know he's looking forward to spending some time with hobbies and retirement and family and that's uh good to see for someone that's been dedicated for so long [Applause] so should we do the two citations together after he talks about Mr Lowry or should we do them separately do them separately okay the first citation um is for the 33 years okay so it says um town of yarm with official citation be it known that the y hereby recognizes Donald Dean Concklin on his retirement as heavy equipment operator effective May 20 2024 and for dedicated service excuse me to the town of Yarmouth and be it further known that the town of Yarmouth extends its sincerest thanks and appreciation for 33 years of tireless service in the armit Department of Public Works slw management division since St citation is duly signed by the chair of the armor select board on his 14th day of May year of Our Lord 2024 and it's signed by me but on behalf of each and every individual member of the armouth board with our sincerest thanks okay now we have Mr Lowry yes thank you Mr chair uh Bill Lowry Bill Lowry started his employment career in the spring of 2007 he was hired as a Craftsman with the town of Yarmouth Parks Division and throughout that 17 18 year career he assisted with countless projects and beautification efforts in maintaining our Parks grounds and Facilities uh Bill had many traits which he facilitated uh to accomplish tasks that really helped Advance the division and their goals uh bill could always be seen tending the grounds mowing pruning caring for individual individual properties uh the town has uh and then most recently uh due to some vacancies he took over the the trash truck route and so was out making his rounds to uh the various beaches and parks and and town buildings uh to keep them free from litter and he did a good job with that uh his knowledge of the town as well as the parks division Mission will be missed and we wish him well as he starts the next chapter of of his story as [Applause] well and we have a very very similar citation um from the board to Mr Lowry um toy Arma select board official citation being known at the town of yarm hereby recognizes William F Lowry on his retirement as building and grounds Craftsman one effective April 19 2024 and for dedicated service to the town of Yarmouth and be it further known that the town of Yarmouth extends its sincer thanks and appreciation for 17 years of tiess service in the arm Department of Public Works SL building and grounds division this citation is duly signed by the chair of the arm select board on this 14th day of May in the year of Our Lord 2024 and it Bears my signature but signed on behalf of each and every um select board member thank you thank you Mr chair all right we got a series of hearings tonight um let me get the paperwork on the first one which is going to be the harbor Club DBA tugboats just don't kick my chair here is okay good evening I see attorney pudi there yes sir you want to introduce your companions for the record certainly would like to Mr chair my name is Steven pudi and I have the pleasure of representing Harbor Club Inc to my left is Wayne Kirker who is the president of Harbor Club Inc and as most people know he operates the hyenas Marina we're here tonight for tugboats uh which is located within uh the hyenas Marina at 11 Arlington Street that property actually has more than one address um and behind me is Ted zambelis who's the manager he's been operating that for the last few years um and I I I do have to say after the extensive uh zoning meetings that we had um I think that the overwhelming um opinion was that that Ted's done a a pretty a pretty good job over there uh and uh people have been generally very pleased um the hyenas um hyenas Harbor Club Inc was a a proponent uh of U actually our petition tonight the the that's the civic association and the civic association has been around for many years since the 50s and um they actually endorsed our petition um obviously there's been some people that have opposed it and I think one of the issues I back up just so our board has a context here so what happened and I'm just trying to narrow the focus here the um tugboats applied for a special permit to have entertainment at the facility the board made a finding that they should really be applying for a variance so they postponed a hearing a variance was applied for there were you know the the typical pros and supporters and and detractors that gave comments the board made it issued a decision and in that decision they placed certain limitations um they granted the Varan subject to certain limitations so when you come to apply to us you're applying with those limitations that the board of appeals placed on on the project or on the license of the wouldbe license um because we have no we have no jurisdiction to modify by anything that they did so um their ceiling that's it I mean you can't get any more than what they we could give you less or we could deny it and I'm not saying we should or would have just talking in theory but we can't give you anymore no we are definitely limited we're under the same conditions absolutely and we would not ever try to exceed those no and I just wanted I just wanted our folks here to know too that a lot of these arguments both pro and con for the um entertainment license were made in front of the board of appeals and in fact some of the materials that have been transmitted to us either bear dates when the board of appeals um hearings were going on which I can only um conclude that these letters were basically written then yes and and and being once again submitted here uh and and the same for um a lot of the letters of support people said yeah we supported it then we support it now and and other people say we opposed it then and we oppose it now so not a whole lot new is Under the Sun here um in terms of the the pros and cons of of people who would like to see it or wouldn't like to see it but go ahead I don't want to interrupt no I think you're spot on you're spot on on that because all of the letters really related to what we're here for um in front of you today too which is entertainment and I think there's been really a misconception and I see it in some of these letters because there's some uh conception out there that this entertainment is going to be widespread within the facility and really that's the farthest thing from the truth what it is can't be based on the limitations the board of appeals absolutely there were five different possible locations that we could have entertainment it was because it's kind of chopped up in there and we and U Mr Kirker especially didn't want to be in violation when you were supposed to have two people singing or whatever in one location and then of course there was a um a party or something where there was going to be a singer or an Entertainer and they would be in a different part of the facility so we tried to be as transparent as possible as to where that could take place and it is true the board of appeals really restricted significantly uh what we originally were hoping we were going to get and after hearing after hearing comments from the public we believe that it was fair and reasonable what the uh board of appeals did we were a little disappointed in some respects but we feel that it was fair and reasonable uh what we're looking for really is to have a an ability occasionally to have entertainment now we're not going to open up Pandora's Box over there what we're going to do and and what I've been assured of by my clients is that it's occasional they're not going to be booking entertainment it's not going to be a nightclub it's going to be for that occasional idal shower or something along those lines it could be a Christmas party where the patrons want to have some limited entertainment it's not going to be bands it's not going to be a um you know a compass Lounge I know that there's somebody here in the audience that might remember that but it's not going to be Rascals it's going to be tugboats with occasional entertainment that's going to enhance the dining experience that's really what we're looking for and what I spent a lot of time with the board of appeals was the fact that the facility can handle it the facility with the parking Ted has done an absolutely spectacular job with the parking it's all valet we've had haven't had any complaints I don't think you'll see any letter where there was uh problems on the road and uh Mr Kirk or we've talked about this many many times that he has made it a an absolute he has insisted upon a controlled flow of vehicles no parking on Arlington Street there's no parking except on the facility and Ted's done a great job with that and um I think that what's important the people that live there the people that live there year round some of the the the letters that have been filed with this board and of course with the board of appeals they are live there year round um they have an invest they had an investment in their properties by living there a year round we know what it's like seasonal we need seasonal um you know residents there's no question about it but these people live across the street and they're for it they believe in in the business that they operate because they've seen it on a daily basis in the summertime that they've done a good job they've cared about the neighbors and so we're here tonight to give them a chance to actually enhance the dining experience over there and to do two you know a a singer perhaps somebody playing the guitar you'll note that the board of appeals in the upper level um if you've been into tugboats you'll know that there's an upper level bar up there they felt that maybe having to be elevated it might um it might actually transmit more more um noise or whatever music so they limited that to an acoustic uh with no amplification and so you know I think that that would mitigate a tremendous amount of issues that that could actually possibly although we would think that it wouldn't but might be a good juncture to look at the conditions that the board of appeals put on that application because whatever we do here tonight is going to be subject to those limitations and um I have them right here on the decision says the hours of operation for live music only in all areas shall be from 11:30 a.m. to 10 p.m. now you originally applied for what was it was it 11 yes so they scaled that back to 10 and then it says the next condition in order to minimize the sound escaping to a buddy properties there'll be no entertainment in zone one and you can explain where Zone one is cuz I do want to correct one thing don't originally originally we applied to for unless there is a protective and you got to explain this to me icing glass barrier around the deck area highlighted in yellow on tugboats entertainment plan marked as ex exhibit one at the December 14 2023 hearing so do you do you want to identify what that zone one is and what that protective um barrier would be absolutely um so Zone one is actually on the outer deck on the closest to the building it's almost like a few feet from the actual building and that zone one is actually where the people dying outside if youve been to tug BS and what um what the board felt was appropriate was to actually um utilize the eyes and glass that's actually utilized in the shoulder Seasons if you've been there um recently even before the weather really started getting a little bit nicer there was eyes and glass outside around so they actually were able to utilize like seven maybe six or seven tables out there and that eyes and glass obviously prevented the weather from uh disturbing the dining uh in that particular area and mostly the wind obviously but um so they felt that the eyes and glass would actually mitigate maybe some of the some of the noise or music that could be heard it's made out of vinyl it's a vinyl sheating marine grade vinyl sheeting yeah okay so that was the second condition the third one was only one musician with no amplification shall be allowed in zone five being the upstairs bar area that's what I was just describing the upstairs bar one musician no amplif no amplification and it says the restaurant is allowed a one to two piece ensemble in only one zone in the restaurant at any one time so I guess what they're saying is what there's there like five zones or something like that you could only be playing live music in one at a time right is that what they're saying yes okay yes um and then it talks about the review process a year down the road and what you got to do with respect to the review process which so even if we allow the petitioner to do what he wants to do there with entertainment it would be subject to all of these um restrictions if you will yeah and we would be before the board want our board to know that they don't have to rustle through these issues because they've already been decided yeah we would be in in in violation the time the um Outdoors um vinyl barrier um one one one musician no amplification in zone five and only one to to two piece ensemble in any one area the restaurant so it's not you know consistent with what you said it doesn't appear to be something that's geared to a um a specific venue week after week it's occasional it seems to me from um the flexibility in in what they can do in not to but all right so we we've come a long way I think anything else you want to say um other than the fact that um my clients would certainly uh like the board to give us the opportunity anyway uh we have obviously the scrutiny of the board of appeals as we've talked about we have your scrutiny you could bring us before you anytime that you feel it's Justified if you feel that we're not operating as we've represented and would just like the chance to make the dining experience as I said a little bit better okay um just so I can organize this a little bit is there anybody out there and I don't want you to get up yet but just raise your hands that want to speak against an opposition to or against this project just raise your hand okay I don't see anybody there is some correspondence we'll get through but is there anybody out there that wishes to speak in favor of it raise your hand I see to okay um I suppose we should go through the um public comment I don't know if it's separated out I've looked at it I don't know if this is separated out for or against but I'd like to try to get it organize that way um I'll go through I'll try to keep them together as best I can okay here's one from Janet holy w o l l e y um it was sent May 5th of 2024 um I'm going to skip some of the irrelevant Parts about notice which have been cured by the continuance um our families owned our home on bayw street for more than 60 years were very much against bringing this type of at night nightclub atmosphere to our residential neighborhood we are opposed to this entertainment request because the loud music noise traffic crowds will be unbearable having this entertainment on all weekdays and Sundays from 11:30 a.m. to 10 p.m. is extremely excessive and never gives residents a break from the noise in addition this doesn't seem appropriate for a hospital area either which should be more of a quiet Zone um she wants to enjoy their home in a peaceful manner um she said Trader EDS is a is an example of how loud and uncomfortable the music noise and crowds have become there's no oversight to ensure that music stops at the allowed time this is ruining the neighborhood Vibe and at times is unbearable there is already a nightclub on the same site so how much evening noise should this small neighborhood have to bear um she's sure none none of the members as a SL board would want to live with this entertainment in their immediate backyard um this type of an arrangement opens the door for large parties events we have young children and this will negatively impact our ability to enjoy our home in a peaceful manner that's pretty much the essence of that [Music] letter then there's one May 3rd from and Simone s i m e o n e and she says she's in a butter to tug boats and is sending this letter in opposition um that's not her word that's mine I'm opposed to the granting of this license as I was to the zoning requ request they filed last fall so she apparently made the same uh objection in front of the board of appeals unfortunately I will not be able to attend the May 7th meeting so this was written back before the continu it says I already had plans to be out of town and she lists her address on bayew Street West garmouth um [Music] she attaches another [Applause] letter that was May 3rd and then May 4th it appears there's another letter from her um which is more of runs on with the narrative but I'll just summarize it quickly um it's in a residential neighborhood it's all always been a residential neighborhood um the restaurant is currently zoned in a residential entity restaurant has not always been a good neighbor although instituting such improvements as valet parking so that cars are not scattered throughout the neighborhood have been welcome however there has yet to be a solution for the many people who cannot find the restaurant including food vendors who decide to use local driveways sidewalks in the middle of bayew street as the place to make turnarounds to recalibrate their navigation systems how is it I know this I've been the neighbor I've been in this neighborhood my entire life and I have seen the marina of the hospital and other institutions in the neighborhood evolve my family home has been on bayew Street since 1956 when my grandparents broke ground I'm also a customer at tugboats I enjoy the restaurant and also the proximity of it to the neighborhood what I have not enjoyed over the years are the many people who get lost and turn around on Newberry Street without regard for driving over my lawn as they turn around I do not enjoy the loud music that spills over from Trader EDS and perhaps the restaurant as well most of all I do not enjoy most of all comma I do not enjoy are the Overflow people who decide to walk around the neighborhood after they have had too many drinks last fall when Tugboat saw a zoning change I stood in opposition to it then many of my neighbors objected to it and those opposed share of my primary view that allowing for entertainment there is not suitable in a residential neighborhood while I think the zoning board tried to find a compromise and did however it does not allow for what likely will result in more traffic and noise and an neighborhood that already has noise challenges from the hospital the marina and traffic that is almost constant now if tugboats truly wants to be a restaurant uh that thinks they need music in their establishment then they should not be zoned in a residential neighborhood and they should not have live entertainment especially no live entertainment in an outdoor setting I do not think tbats lacks for tugboats lacks for customers given the traffic around the restaurant all year long and the many times I have patronized tugboats over the years I have never found it lacking for customers personally if the restaurant cannot support itself with good food good service in the location then music is not going to help sustain its viability I think it will set a bad precedent for the neighborhood and the town and eliminate small neighborhood restaurants throughout the town if every restaurant thinks musical entertainment is the cure for good food and good service um so that's it for her that was a kind of a two-part communication um this next one is from Waters filamina um can't make the meeting said they are basically trying to turn it into a club which is going to be full of just the young people instead of the family restaurant that it is and it's going to be noisy um and a residential noisy and I think she meant in a residential area and this doesn't seem fair that we're not going to be able to have input unless we can email but it hasn't given us that option and then um she says my number is my my name is Nella L Roa Waters giv a phone number I have prepared a response but won't be able to get it in there before 4:00 blah blah blah that's pretty much your objection and that came in on May 3rd 2024 um next one's May two 2024 by a Morin Ryan who lists her address on Newberry Street in West Jou um she says I live off pay View Street in hyanis park one block from tugboats restaurant for the last seven years I've enjoyed going to tugboats for food and the harbor side view from the outdoor decks I'm right to object to the annual week day and Sunday entertainment license application that would allow I Amplified Outside Music 7 days a week all year long from 11:30 a.m. to 10 p.m. I was at the winter zoning board of appeals meeting and am aware of the few limits that have been placed on this application but they are not stringent enough additionally when I sent an email objecting letter to the zoning board last night November 23rd I was deeply Disturbed that tugboats lawyer Mr Bazi publicly denigrated my objections by incorrectly assuming that I couldn't hear the Amplified music from the marina area because I was quote too far away close quote please note that I am in a butter and that my small cottage is only a block away from tugboats just off bayew Street which is one block over the Arlington Street there are several reasons for my objections one tugboats wants to bring in large groups of people for events weddings business meetings tourist groups Etc and allow them to bring in Amplified sound for their entertainment this is not in keeping with tugboats as a restaurant serving the local community two for several years now I have heard Amplified live music from the marina area on weekends during the summer months and the sounds travel into our home and yard there is nowhere for us to go to enjoy the Peace of our house or yard as working people the noise prevents us from sleeping at night to allow tugboats to play music any day of the week including Saturdays and Sundays from 11:30 a.m. to 10 p.m. will negatively impact our quality of life forever three the proposed application does not regulate how loud the music can be two musicians with amplifiers or a dis jockey with big speakers will create a tremendous amount of noise evidenced by our experience over the last few Summers Additionally the live music performance is in very close four Additionally the live music performance is in very close proximity to the harbor sound across water travels long distances so youone in the adjacent Water Area will be impacted by the live music and the disruption it can cause five this application does not prevent tugboats from charging money for performances and allowing a dining establishment to become a 7-Day a week de facto performance venue the residential neighborhood ayen park the surrounding area and across the Harbor from tugbo would be negatively impacted by this entertainment license this area has small historic homes used by full-time and seasonal residents to get away from noise and enjoy the quietude this permit would greatly decrease the quality of life that has been enjoyed for Generations by this small Seaside neighborhood tugboats is a good restaurant that during the summer season is packed with patrons from opening to closing with people waiting to get a table and spend time on the deck or in the restaurant tugbo is not a music venue and I believe the surrounding neighborhood doesn't want the noise and annoyances from live music performances or dis jockey Amplified sounds from Monday through Sunday 11:30 to 10 p.m. all year long I ask the arm select board to disallow tugboats application for live music entertainment thank you for your time and [Applause] consideration this next one is from Rachel youngling and it was obviously um as part of the um board of appeals process because it's dated November 7th 2023 oh that's a letter of supp I'm sorry me and we moved on to support support yep [Music] letter yeah these look like letters of support So Rachel says she supported the uh entertainment license she had known Ted well Ted zambelis as a restaurant tour for many years he works diligently to uphold the quality and atmospheres of his establishments while taking great care to be aware of his neighborhood surroundings he has been gracious in supporting our civic association for an annual meeting and welcomes neighbors to the restaurant as if they are family when awarded I'm certain that Ted will abide to the regulations of the entertainment license with professionalism and accuracy we are grateful to have such a gym in hyanis park signed Rachel youngling November 7th 2023 the next one somebody took a a photograph Luke u k a t i s yustis from Willow Street you can't read a lot of this it's one of those camera shots but it's um you can read that he's worked here many years lived here many years and has and supports the project um Michelle Conover November 6 2023 again back at the time of the board of appeals hearings supports the um the um request and gives her address on bayew street and notes that she's in a butter to the property said she's know Ted Teddy who again I'm sure she's referring to Teddy's and Bellis for many years he operates a great establishment that functions as a restaurant he brought life back into the neighborhood with a familyfriendly affordable dining option with a great view of our natural resources as a family of 7 We Dine there regularly and the establishment has always operated with professionalism respect and decorum we also enjoy bringing guests and date nights with the adults only as well we have been there for brunch lunch dinner and late night dining and have had nothing but great experiences T the activities of tugboats do not disturb the neighborhood whenever we visit Ted is always on site and visible to patrons and staff and on top of the staff to deliver top-notch services and meet with meet his high expectations I can I cannot imagine the way he'd handle an entertainment license would be any different next one is from looks for E Shane Greer gr I ER on Arlington Street um it's one of these handwritten letters but there's some shading in there it makes it a little bit difficult to read so um bear with me this is a letter of something concerning Ted zambelis recommendation I guess it is letter recommendation I have known Ted both professionally and socially uh since the beginning of this Century as manager of tugboats restaurant Ted keeps this uh popular eery under control his expertise as a restaurant tour is five star I have seen him handle tight situations um professionally socially on the golf course he's quote on par close quote as the longest residential owner on Arlington Street I trust Ted will um I think it means pursue compatibility with the neighborhood please feel free to contact me and she leaves a phone number E Shane Greer um here's one November 8th again back to the board of appeals very quickly from Maryanne spr um hi Ted the hanis park civic association fully support your application for an entertainment license if you need a more formal letter of endorsement let me know Linda Bolinger president hyanis Park civic association this is from Jeffrey tivy T Barnstable canvas company 8 11623 again back to the board of appeals um hearings writes in support he owns and operates barnable canvas in the same building as tugboats we are in full support of tugboats having this opportunity to have an entertainment ability Teddy and I have a great uh relationship operating out of the same building for two years The Establishment has brought back to life has been brought back to life since he took over it is well run with top-notch employees Teddy is is uh hands on and always on the property dealing with any situation that could arise in any restaurant business it has enhanced the community as a special place to dine with family and friends I frequent the restaurant regularly with my wife and three children and we couldn't think of anything that could make that experience better except for some entertainment the atmosphere and professionalism with tugboats are of the highest standards we are in favor of this entertainment license and see it as an added value to the experience at this upstanding establishment thank you Jeffrey tivy barnable canvas next one again 11823 is Sheil O'Neal Arlington Street um she's observed that Crowds Are well-managed and respectable uh and her worries that she had about this has have been for nothing tug boats has quickly become my go-to for impressing and visiting friends and family or simply for me to sneak over for a quick snack alone the owner Teddy actually caught me on my way home from work last Friday so I had a rough evening and it was my birthday and insisted I joined him for a dessert Teddy and his staff are wonderful and very considerate and it's abundantly clear at all times that the customers's happiness and positive takeaway is their number one goal I have zero concerns that adding entertainment will simply just make a great thing better I have zero concerns that adding entertainment will simply just make a great thing better I look forward to Summer 2024 with tu boats becoming the epicenter of fun on cape card sincerely Sheil [Applause] O'Neal um okay that's another janed holy letter we read that for there was one by um I think it's James perui James I don't have James's in here I don't think you want to you want to read Jes um this is addressed to the board board of board of appeals what's the date on that is that the board of appeals letter is a board of appeals member and members of reference tug Vates it came into us on May 14th um have across the street it's such a wonderful addition to our neighborhood the place is very clean the food is excellent uh the staff is I can't read it it's it's too darked out the fact of having Valley parking lends itself can't read it can't read it um but having entertainment would be a wonderful and I can't read the end of the sentence but again clearly in favor of of what's going on there I think I think you get a general sense though of the arguments made in support and those in opposition um do you want to respond to well wait a minute is anybody that wants to speak that there saw some hands back there that want to speak in favor already read my letter so oh so you're satisfied with the letter okay is there anybody that still would like to speak yes Tom speak into the microphone if you would please hi I'm Tom Murphy West jth president of the Restaurant Association I just want to speak very quickly on something that's very logical first of all Teddy zambales has ran the yoth house for many many years it has an entertainment license and you never had any complaints two Mr Kirker his father before him have the most successful Mariner in the midc cape area in probably all of Cape Cod there is no reason in the world why Mr Kirker would want to upset his marina with having what some of the complaints I'm hearing and third logically if any of you have been to tugboats the configuration structurally to run something that is uh nightclub orientated kid orientated or what have you is pretty close to impossible so structurally they could not do what people are concerned about so I don't want to leave that those are just logical statements and you take it from there thank you Tom anyone else okay um before I go to the board do you want to respond to any of the um letters that were read in opposition well I mean we've talked a lot about those issues in those letters um I think Tom just really stole my Thunder by um because he really raised issues that I was going to raise the the facility there is not conducive to a nightclub and I think what people's imaginations and I'm not not saying that in in a derogatory sense but their imaginations have kind of gone wild with because entertainment really is a TV and it you know it's it's not it's not a band it's not it's not the the melody tent I mean this is going to be really um something that's accessory to a dining experience uh they're not going to be selling tickets they're not going to have lines out there with with a or charge I mean uh it's going to be exactly what I you know have represented it's going to be to the best of my knowledge obviously one night something could happen that might be different and it would be shut down I am sure by Ted and certainly Wayne if he's on premises but um some of the things that that Tom said I really addressed in the um in the zoning meeting the fact that the boats are what makes rain for hyenas Marina it's the people that the transient people that come on the boats that stay there that's what makes rain and all of the conversations that we've had relating to that Wayne keeps on instilling to Ted and me that he will not do anything there that's going to jeopardize the hyenas Marina the success that they've achieved and it really is one of the the most successful marinas really on the East Coast Tom was very very uh let's say um limiting when he said midc Cape um you know Mr Kirker and his father have been there for many many years and so that one thing I think is really important is the fact with Tom raised which was the fact that the boats are really what Drive the highest Marina and this is supposed to be accessory to that and he doesn't want complaints from the boats I think one of the other things I didn't mention that Ted was really disappointed with with some of the tour buses on the shoulder Seasons they want to have they bring a singer with them and of course Ted could not accommodate them and so they went to other places he has mentioned that two or three times to me to make sure that I say that you know they've lost some business on the shoulder Seasons because of the fact that they could not accommodate a uh bus um you know a touring bus uh with their with their musician so I don't think that there really has to be much more said there's certainly going to be people against there's people for I think that um they they deserve at least a chance to prove to you and to the zoning board of appeals and to the people that actually have registered their opposition that they're going to be good neighbors that they're going to be considerate and I think they deserve a chance great thanks I'll go to the board now then Peter you have any questions or comments um you guys are not Trader EDS but Trader EDS does carry a lot of noise that runs through the neighborhood um and unfortunately I spent a a fair amount of quality time at Cape cot hospital last summer and I could hear Trader EDS every evening coming across and I know that tugboats is again not Trader EDS um I would think that think that if you've got entertainment inside not on an outside deck at all it it would be much more accept acceptable to the acceptable to the neighborhood and you know also if there were a limit of say uh 85 DB for the volume of of the music d J or what have you and to keep to keep it inside the building and any of the sound um Teddy you've always run very excellent restaurants I've eaten at you many your places they've always been extremely well-run very clean the food has always been good and you're a great manager um but I also am very cognizant of what the neighborhood what the neighborhood is saying um I also agree with you attorney that uh you know with with a a band of two is not a Club it's not it's not the mhill club it's not not uh some of the other clubs that used to be in town and stuff um but again I think quiet in the neighborhood is is is important and and you know I I think if if you can live without outside entertainment I think it would be better and if and if the inside entertainment is kept to a a reasonable again I I picked 85 DB as a as as reasonable and 85 DB is actually quite loud barus I can see that the board of appeals um did some um due diligence on this and um came to their finding that they unanimously supported um their their decision and um I feel I will go right along with what the bo of appeals has decided if if if they feel due diligence was done and this is what needs to um happen in order to make the entertainment license um happen then um I go along with that as well thank you danan um I agree with dcas I don't have any questions uh we have a highly competent zba and they have afforded the neighborhood um a really good opportunity to to vet these issues um and they're serious for both sides no doubt but um I think the conditions they've come up with are reasonable and you certainly will be back in front of this board uh if there's any violations um so it's a short lease but you've earned the confidence of this board to at least go forward at this point I believe so you have my support thank you thank you Dan mark thank you Mr chairman um I I appreciate um you're going through all the comments and making sure that the people that have communicated with us you know have been heard I think that's very important um I also want to Echo some of the prior comments about the work of the zoning board um you know anytime you deal with an issue like this um it's a challenge in terms of balancing the conflicting interests it's not an easy job and um from my perspective uh I I respect the way in which they go about doing their work uh and I I feel somewhat uncomfortable trying to substitute my judgment uh you know over theirs I think uh this kind of work is not easy uh they received a lot of public commentary and I think at the end of the day they came up with a set of recommendations that um you know I think are sound and I think as far as we're concerned I think for us um at this point it's I don't think I don't see us in a position of making any restrictions I honestly think the best position for us as a board would be to ratify or not ratify uh what they've done they've pretty much done a lot of the work for us quite frankly I mean these are the kinds of things that we typically have to wrestle with but this work has been done and I don't think it's fair to a a business to actually make them go through you know one go through one at times can be torturous process and then have have to replicate the same thing with a different set of criteria I just don't think it's um it's necessary at all and I think to some degree it can be an undue burden so um I'm very comfortable standing behind the work of the zoning board uh they they they do a terrific job they work very hard like I said they they they heard from the community both pro and con and I think at the end of the day they came up with a decision and a set of recommendations that ultimately balance properly the various interests so um I don't want to second guest them at all um I'm very supportive of The Proposal that's come before the board and ready to vote thank you um I think that the board of appeals did a very good job in vetting this um application and um it's obvious to me that they tried to accommodate both sides they tried to balance the interests of the neighborhood with the needs of the business um I don't consider the limitations they placed on the variants as tokenism or or anything that is of uh the light variety I think there substantial um restrictions and they're basically saying to the applicant prove yourself and then come back to us in a year and we'll hear you further but we wanted we want for the sake of the people in the neighborhood we want a demonstration that this isn't going to adversely impact that neighborhood and it's going to be handled in a responsible and professional manner that's the way I read that decision um you're typically going to get these arguments because you know what what residential homeowners is going to reach out and say I want any kind of commercial activity in my neighborhood it's not going to be done but as you know Cape Cod the way it's been zoned and developed over the years there's not a whole lot of logic in some of the zoning districts I think this one straddles two towns in fact two different um so there's a lot of challenges here that are unique to this property um I don't accept the argument that because they want to um augment U dining with some occasional music and and with what I consider serious limitations or at least strict limitations uh any kind of an inroad into a nightclub I mean that doesn't make sense sense to me especially with the other activities that are on the premises that are the dollar drivers like the Marina and the restaurant this is not only an ancillary use it's really an ancillary use to an ancillary use the marina being the main source of business a restaurant augmenting that in in this entertainment license augmenting the operation of the restaurant so that's the way I see it uh somebody prepared to make a motion do you want to close the public hearing first motion to close the hearing second oh yeah we have a motion to close public I hear I have a second second all those in favor I anyone oppos okay I'll wait someone to I motion I make a motion to approve the uh um it as as written with no with no restrictions subject to the zba restrictions right subject to the zba restrictions so your motion is to um Grant the entertainment licenses as um requested subject to the limitations that have been put on the variance in fact I think there's a number on that variant somewhere in here um by the board of appeals correct yes and and those and those and those restrictions were PR previously read by me into the rec record earlier in the hearing it's number 5063 Z what was that number zba decision number 5063 okay so those restrictions are in that zba number that was just read off by Our Town Administrator which is part of the motion in the second correct correct all right second that all right we're prepared to vote all those in favor say I I I anyone opposed it has been unanimously granted thank you thank you very much I I would just like to say one thing um Pam Barnes has been absolutely wonderful under a lot of stress because she's got a lot of other duties besides this um you should be very proud of her she's done a great job she made the process very very I wouldn't say easy but certainly very very accommodating and uh would you please ex tell her that that U we will we will thank you very much we'll pass that on thank you very much good luck luck by the way retirement luck thank you for your [Music] service all right our next hearing is a transfer of a all alcohol restaurant license and a change in classification from Cape Deli Foods Inc doing business as Picadilly Deli to Canal fish and lobster ink doing business as picadeli Deli and Cafe Samuel Monroe manager 1105 Route 28 South Yarmouth Massachusetts good evening hello uh my name is Jessica summer I'm an attorney with Dunning carine in mashby um and I'm representing um my clients um they're in the process of purchasing the Picadilly Deli um we are actually scheduled to close on the the the um um deal tomorrow um but uh pursuant to the deal the transfer of the underlying license um was was one of the contingencies um so I'll have my clients speak to um the application um but we've been dealing with Ed Walsh back there for a while in terms of the transition he's been working with my clients um and my client is very excited about um purchasing this you know long-standing establishment um and really working um with the much of the same menu um in much the same way but with an eye towards um more dinner Services um and hence our reason to be applying for a transfer as well as a change of category so um I confirmed with the abcc a local investigator that that was permitted under a transfer that you could also do a change in category to all alcohol okay so right now you have beer in malt correct wine in malt yep I'm sorry wine in malt yep and you want to change that to all alcohol correct okay I never had one of those but I'll take your word for it that the abcc will let us know if there's a problem I don't believe there is either correct um okay yeah so my name is Paul Dean I'm the owner uh this is Sam Monro he's our general manager um we've been we have other operations on the cape mostly in the barille area uh we've been in the business since 98 um we run catering rentals retail uh we've got a small Clam Shack down in bronsville Harbor um we're excited to take over this facility um with no immediate plans to change anything um you know we're going to try and keep running it the way it is and then we'll re-evaluate after the summer to see what we feel are your hours going to be the same I'm sorry sir are your hours going to be the same currently yes um let me see here something I wanted to do there was a public notice on this wasn't there yes let me get that in there there it is you just give me one second should have read this in at the beginning Yama select board acting as a local licensing Authority has received an application for a transfer of an annual all alcohol restaurant license and a change in classification of the license the license is being transferred for the original license holders Cape Delhi Foods Inc DBA Picadilly Delhi to the proposed new license holders Canal fish and lobster Inc DBA picket Delhi Delhi and Cafe located 11:05 Main Street Route 28 South yth Mass Samuel Monroe is a manager of record of canal fishing Lobster Inc DBA padelli Delhi and Cafe Canal fishing Lobster Inc DBA pickadilly Deli and Cafe has also applied for change in classification requesting the alcohol license be changed from wine and malt to all alcohol the hearing will be held on Tuesday May 14th 2024 at the yarma Town Hall H 11:46 r28 South Yarmouth Mass the select board meeting begins at 6: p.m. written comments will be accepted until 4:30 Friday May 10th 2024 in the administrator's office at Town Hall verbal comments will be accepted at the hearing okay so we got through that and the last question I asked you if it was going to be the stream hours and you said yes yes we we potentially may run a few pop-up dinner Services over the summer once we get a handle on everything um okay there's nothing definitive with that and all of the um how many principles are there going to be in this in this business I it's been a while since I've looked at this is it just the two of you as far as owners or own owners one well sorry my wife is technically a co-owner co-owner of canal fishing Lobster corre okay so that's there's no going to be no addition any alteration of the premises nothing like that nope not at this time because if there is then you got to make sure the license covers those additional areas if alcohol is going to be served there or stored there uh so that's not an issue here right no sir okay I'm going to go to the public right now very quickly is anybody wants to speak in favor of this application I don't see anybody is there anybody wishes to speak against it I don't see anybody out there either so I'll go to our board members now then um Peter um just a just a quick question uh Adele Delio it says she's a president 100% owner it of of the license that's being transferred to the outgoing business okay that's the out okay that's what I thought um it's a great business I wish you all the success in the world thank you very much thank you the Olympia was the president current officer stock or ownership interest um corcus it is a great business and it's one that's well known in town and well used um I can see where you're talking about popup dinners possibly happening that it would make more sense then for that change in your license uh with the current times because I believe the closing time right now is 2 2 p.m. be a little early for alcohol but then you never know that's true um wish you all the best of luck thank you thank you yeah have no questions okay Mark um thank you Mr chairman um first of all uh I full disclosure I I go to Picadilly Deli all the time so just let's get that out there um the first thing I'd like to do is I I just want to uh thank Ed and Patty Walsh uh for the tremendous service that they have provided to thousands and thousands of customers over the years they've been incredible owners they've been incredibly very good to their staff and to the people that work there the to the customers and um you know it's sad to see them retire and move on to this next chapter in their life but they've they've been an incredible um they' had an incredible business they're incredible people we really have enjoyed their hospitality and uh all their services over the years we're to hate to see them go um you have big show shoes to fill and we're going to hold you hold you to it um and as Dorcas said uh it's a great business it's a great place it's very family and there are a lot of the same faces that go there it's it's it's a very special place here in the town of Yarmouth so you've got a you've got a big job on your hand so I'm I'm fully supportive of this and I want to wish you the best and uh thank Patty and Ed for doing such a great job for so many years thank you um I too am guilty of uh being a patron of the place um I do know that on Saturday mornings a lot of the political muy muks meet there for breakfast um I won't name anybody but I think there's at least one board member that is in that group and you got to take care of those people because that that is a tradition in Violet they do it rain sun shine know hail whatever they're there and they decide all the town business at least they think they do yeah um and that's where they meet and have met for a very very long time um it's a great business um got a great name got a great reputation y um you should you should do well there um do I have a motion to close the public portion of this hearing so moved have a second second all in favor I anyone oppos do I have a motion to approve the um license transfer and the um license classification one one to go from um the license classification to be changed from wine and malt to all alcohol Mr chairman one one very quick question um it it says that You' got to have you got to be have have an inspection done before before the closing and operating have you had that inspection done is that already passed so we reached well we found out yesterday about set inspection and we I spoke with uh the yth police department we have a meeting with them on Monday at 11 a.m. um he was busy and wasn't able to meet prior to then yeah this is this inspection specific is from the health department uh so the health department has been through uh I don't know vote specifically for this well again they're very strict in saying inspection must be done prior to opening so so you can you can close but you can't reopen until all these inspections are done I'm sorry misunderstood yes well whatever we do here is limited the licensing they still have to comply with correct requirements of the Board of Health the building department the fire department you know we can't we don't have jurisdiction to wave any of their requirements they no you know that I mean I'm speaking we've been in contact with everyone everyone I I wasn't wasn't suggesting that we wave anything or anything like that it was just because because their closing is for tomorrow I I didn't want them to be opening up when none of these inspections have been done appreciate that right and then they got to get their license transfer approved by the abcc yep which is going to take a while y so they will just to be clear so you know they're still going to be open for business as long as um but not operating under the liquor license we can't do so when pending a transfer until it's approved by the abcc so you will still be able to meet for breakfast and and have all of that um and hopefully I can uh push it through the abcc you know quickly so we can get that approval as well okay Mr chairman I move that we approve um the change in liquor license the transfer the transfer of the liquor license and change and classification change and classification from why did Malto all alcohol correct correct okay second so we have a second to that all those in favor say I I anyone opposed it's unanimously approved and thank you very much attorney Su for your fine presentation thank you thank you very much thank you look forward to coming to visit we'll be there okay we got one more here right thank you good job folks we are on to we are on to bide Yarmouth LLC good evening good evening hi we have another application you want to introduce yourself for the record I'll read the legal notice and then it'll be all yours yes uh David Lawler um attorney representing Bayside and beside me is Tash leish the general manager also known as Tash okay I have the green cards for you thank you [Applause] get thank you very much all right Tony Arma select board transfer of liquor license entertainment license um the Arma select board acting as a local licensing Authority has received an application for a transfer of an annual all Al license from Bayside Yarmouth LLC DBA Bayside Resort Tash Beamish manager the license is being transferred from Travis Hospitality Rod this is going to be a tough one Sr c s r o c z NSK k i rodinsky manager weekday and Sunday entertainment license applications have also been filed the premise located at 225 r28 West J is a 128 room resort with restaurant SL Lounge indoor/outdoor pool area conference and hospitality room there are eight entrances SL exits weekday and Sunday entertainment to include recorded music Andor live band consisting of one musician hours of entertainment are 11:00 a.m. to 7:00 p.m. outside and 5:00 p.m. to 11:00 p.m. inside weekends outside entertainment to include one live Entertainer 3-4 hour blocks between 1 pm and 8 p.m. hearing will be held on Tuesday May 14th 2024 at Town Hall 11:46 through 28 South Yarmouth the select board's meeting begins at 6: p.m. written comments will be accepted until 4:30 p.m. Friday May 10th 2024 in the town administrator's office at Town Hall verbal comments will be accepted at the hearing okay David good evening um Mr chairman and board members uh pleasure to be here uh before you this evening um I think you're all very familiar with the uh with the Bayside it's been in existence for God as long as I can remember and I remember fondly someone mentioned Rascals earlier um so uh Tash uh is the um is recommended to be uh the uh manager of the facility uh I've been dealing with her now for about six uh months uh the property actually was repurchased back in the fall uh Tash she started out at at Bayside over 18 years ago as a front desk clerk and she's held virtually every position in the establishment and now for many years has been uh has been running the place and I know it comes with an excellent reputation and she really is um a very impressive person to deal with her knowledge of the facility her knowledge of uh and I know she's tips trained she's you know has all the all the qualifications so this the business was was sold and um I don't know if you've seen the application there's a numerous numerous owners of uh of the um of the entity um and when they purchased it I wasn't involved back then but I think that because of the uh just the complexity of the amount of owners and things of that nature they decided to buy it and then the license was renewed and they haven't been serving alcohol but it's still in existence and they were seeking the transfer of the license um uh you know for the uh need and convenience of the patrons of the motel mainly and that's really what it's operated on now some people do come and go but it's substantially a motel business um and they are seeking uh an entertainment license as indicated outside in the pool area it says live band but we're only asking for one person so we really we're really looking for just kind of background I don't know just simple you know one one one man or woman with a guitar maybe or you know just something very very simple to entertain to people around the pool on an occasional basis almost very similar to what your prior application um I was here to listen to this isn't intended as a you know as a regular daily event or anything like that you know maybe on weekends or fourth of July or things of that nature um but the uh entertainment is intend and they're aware of the yam bylaws with respect to music and if you look at the hours of outdoor um entertainment it really is in the daylight hours of 11: to 7:00 p.m. uh this is not intended to be any type of uh Rowdy situation and obviously uh the laws of yam prevent that uh anyway I know there's a one or I think one letter maybe two and uh you know people addressing concerns about the noise which obviously anybody that lives in a particular area um you know not only has the right to do but I want to assure that anybody that the intent here is to have a a quiet family uh atmosphere um again it's just businesses evolved and I I believe that there had been you know radio music anyway there and um so I I I don't think there'll be any difference obviously any neighbors will be instructed if there's any issues to con contact Cash directly and they'll be met immediately dealt with with respect to the liquor license I I don't see any um changes in the handling of the licenses that been in um understanding it there's no history of any violations there um and knowing the town of yam there's been you know checks and things like that this you know yth does its diligence so I can go on and on but it's getting late in the evening and I'm not sure uh it's necessary UN list as questions I I'm sure some people U have concerns and I know that the chairman will probably Le read at least one letter into the record in opposition so uh I'll be uh I'll be done speaking I noticed there's an unusual number of um people who are named under where it's asked in the application to identify proposed officers stock or ownership interests um most I've ever done I I I haven't added them up but it's an unusual number but I understand from Our Town Administrator that they run quaries on all of those people um that is correct and I do have the actual Corey result file we didn't copy it there are 23 23 part owners um I I would they all come back clean they've all come back clean if there were any issues we would have um flagged those and copied those but I I do have them there in case you want to see I Steve pudi stole my thunder but bam in the office has been unbelievable um I've been doing liquor liing applications for over 25 years and this is the first time I've had over 20 owners I've never seen that man and the it's just the way the the the business is set up and uh but they all came back clean um and I I was I told my client it was going to be a lot longer before we got before this board based upon the size of our application and they turned that around licky split I mean it was really thank you very much I you know um uh it was you know it it's um it's you know it's a business model and it's the one that they chose to adopt and they understand and I'm sure that Boston is going to take its time is with it as well um oh yeah my my guess is this is going to take a while up in Boston and unfortunately we understand that we have to wait until we get approve you know provided we get approved this evening we would have to get approved by Boston but um so that's the that's the situation it's just a unique ownership interest that um I I I had no involvement in that transaction so I was brought on board with a license but it's it's you know as as things develop and it's a you know more modern world and this technology and whatnot avails itself to for people to enter in those enter into those you know more complicated business Arrangements but I was very clear that everybody involved is lean on the Corey and I reviewed the application myself with you know and it came back and you know it should be approved again if approved by this board I do not anticipate that it won't be approved by Boston um that based upon what I know good um I'm going to go to the public is there anybody who wants to speak in support of this speak into the microphone identify yourself and let us know what you're thinking um Debbie Clark uh I've known the manager since she started there I've had guests that I sent down there and she runs a very tight chip but she's very fair and very nice takes care of any problems that she might come across and people just love her there she's very friendly very cated I can't say really enough about her she's excellent excellent I'm glad she's up the ladder now that's good that's all I have I approve everything okay thank youcome anyone else in favor anybody want to speak against it yes ma'am go up to the microphone please speak into the microphone identify yourself I did submit a letter that I have a copy you want to give us a letter I did I dropped it off you want to give it to us before or after you speak well I you more comfortable with me reading the letter I don't mind reading it but you can read it do whatever you wish you are in charge I'm not in charge you okay I read the letter into the record then opposition to proposed outdoor Music Entertainment license 59 2024 um Donna Walker Donna part of the um the address is cut off here what is the street it's the adjoining Street to the Bayside which is Kenway it's a residential street directly Kenway directly ABS the B it says Robert Platt 17 kinsway okay it's two people that are joining in this letter yes okay Robert Platt PL and Donald Walker this letter of opposition to the proposed outdoor entertainment license applied for by the Bayside Resort Hotel submitted here on behalf of Donna Walker and Robert Platt we have concerns and questions regarding the proposed outdoor entertainment license and liquor license applications submitted by Mr Patel the new owner of the base bide resort to the town of yarma Select board please consider this letter as a joint opposition to the proposal from myself Donald Walker and my neighbor Robert Platt both of us owning home on kinsway a residential road we are both a Butters to the Bayside resort with the only separation between the Bayside Resort and our homes being a fence one can you provide specific details on the exact location where the outo entertainment including the bar and music venue will be set up on the property next door to a residential area two will alcohol be served in the outdoor music venue if so exactly where will the alcohol be served from three regarding the existing food truck that has been on site at the pool for more than a month can you clarify the duration of frequency of its operation throughout the summer I have been told by the Board of Health that they are allowed to serve food from that truck which will be open to the public until 11:00 p.m. all summer long we would have opposed this as well if we had an opportunity to do so four with these additional licenses being considered and being open to the public how will the traffic flow in and out of the hotel parking lot from u28 be managed to min minimize congestion and ensure the safety of residents and visitors point being that it is a parking lot and not a road five is there a plan in place to monitor noise levels generated by the outdoor venue to protect property values and minimize disruption to residents living on a residential street like Ken's way six considering the outdoor nature of the venue where is the seating plan to be located for patrons with music drinks and food would it be expected that people would be looking for a place to sit down if this is the case where is that seating specifically going to be set up the concern is that there will be a lot going on in a hotel parking lot in addition to the major concern of losing the peace and quiet enjoyment of living on a residential Way Seven we would also like to know if these proposals are approved and implemented is there a capacity of people limit to be put in place thank you for your time and attention to these concerns respectfully committed Donna Walker and Robert Platt they get it all yes you did okay thank you do you want to respond to any of that certainly I'd love to um first of all the you know as as per the as per the application it's the one person um any speakers would be uh situated in such a way that they would be facing or a speaker if there were not I mean this is a a small venue we're not trying to change any seating there is no this is not a concert there's not going to be any people gathered around seting it's going to be the same pool as it's been set up for 20 years with respect to alcohol it's a the motel license has has uh allowed alcohol service in the pool area for at least 20 years so that's not changing my understanding is the food truck isn't even there anymore but that's a different a whole different license in Board of Health and doesn't deal directly with this um the that's the first time you talking to the microphone okay sure I the um the first time my life has never been hurt um the um with respect to um let me go back um if she missed what I was saying the the pool area has always served alcohol for 20 years uh there's no reconfiguration of any seating because it's these aren't concerts there's nothing happening in the parking lot this is intended as mild entertainment in the pool area this is not intended to be some rockus pool party or event this is strictly entertainment for the for the pool area um and uh we again I'm trying to no additional seating uh alcohol's already been served there um uh speakers would be placed in such a manner to try to accommodate and make sure that um all sound is going to be projected away from away from the fenced area and the residential neighborhood and to you know in towards the pool area uh we will keep volumes down this is again this isn't uh a rock concert um and you know they under the license it is open to the public but again that's not the nature of my client's business I think that answers all the questions I can you hear that ma'am excuse me you hear did you hear him I did hear him okay good and and and again if there's an issue call if we get approv call we we'll deal with it okay she has her hand raised go ahead speak to the microphone please get close to the microphone if you could thank you for that um you may have said something in regard to the food truck but I missed it I I believe the food truck's not is not there now and it's they don't intend to come back but I mean it's a separate license that they were allowed the food truck was allowed to be there legally it it doesn't actually involve this application but my understanding is that they're not coming back for the summer so I think it's but they just got their permit so they don't have the permit any on us for the for he backed out on us I think he's going to a different location that's good news um yeah the only thing then that I would be concerned with is being in a butter as close as I am I see the the tiki bar at the pool from my backyard never had a problem and ever with Rod um he's been a great neighbor I don't know much about the new owners there's a lot of them obviously um so I'm a little bit hesitant about this outdoor music venue I have no issue and Ne just Mr Platt or my husband with um indoor indoor music is reasonable but being right on the marsh and as you know the view from The Mill Creek area there it's open wide I mean it's it's on the on the water sound travels I never had a problem with um The Cove they have outdoor music I can hear it I can hear it it's not that far from me but it's not disturbing but directly behind my backyard would be if if if if I may um and I'm going to I want to hand the microphone off uh uh to the proposed manager in a second but when you indicated previously that the the way it's been run over the past years with I think Rod I'm his right-hand person running helping run everything and I have every bit of faith in you as a manager but the and and and if I may and the way this is set up the owners obviously are involved in this and that but especially with 20 owner they put a tremendous amount of responsibility and decision-making and uh Power in the hands of not only the liquor license manager but the general manager uh because of the way this is set up and the intention and the conversations that I've have had is that you know from on a day-to-day basis she's running the place and we're making those decisions obviously she has bosses like everybody um but with with respect to that she would be the person responsible and the direct contact and the decision maker and I'll just pass the microphone you have your own actually you can go either one yeah um no I mean I just want to you know assure you one that nothing is going to change the way it has been run the past 20 plus years I mean the only thing that we were trying to do is get like a one person kind of you know person out there with a guitar to just play some music for the for the patrons of the hotel not to have a bunch of people off the street coming in that's the last thing that I want to ever happen I I you know even with the liquor in the indoor bar we don't we don't allow outside people to come in and and and drink and use our facilities um and then leave the property I mean this is strictly for our customers only um you know and and we've had music out there so I mean I don't know if you can hear that but we've we've have four speakers speakers yeah it's a a radio sound system you know playing and it's not live music would expect it to be anything louder than what you've kind of heard and and if it is I mean I'm open to you saying Hey listen this isn't working and and I can say Hey you know I get it and and and that's fine and we can look for other avenues and and work with you you know um the last thing I want to do is upset you guys you guys are great neighbors I mean you know directly to the left of the pool looking at the pool is Bob plat and then you can see my windows of my house from the pool very very end there yeah so yeah it's a concern um it worries me that how many manag ERS are there just you owners or managers managers so I'm the general manager and then I have a front office manager and who's going to be the outside manager I will be I'm there all the time and our you know bartenders that have been there for gosh bartending since I've been there um same bartenders same people I mean nothing has changed with that hotel it's all the same employees everything I never had a problem ever with the Bayside but being open to the public but we're not being open to the public we're not opening anything to the public well legal illegally it's open to the public but it's just mainly in in Lay terms strictly Hotel guests at the outdoor pool we only allow hotel guests to get a drink and we never allow like we ask if there and yeah I mean we don't so it's limited to Hotel guests just park and we've actually had people from across the street come over and we're like no uh you know you're not staying here you got to go well that makes me feel better there's no public it's not open to the public no to pull into that parking lot and then I mean they can pull in but if they try to go into the pool area ail is our bartender she's she's very Vigilant of that and she I know her yeah she asks them to leave if they give her trouble they call you know into the front and we go out and and get them out I mean I've never I've never had an issue like that okay um I mean I've had people come in and she's you know scooted them out but but never had an issue with people okay you know all right how long did she say she wased like 20 something years she's been 18 I've been there 18 years years 18 years yeah and you're going to continue on I am going to continue on as long as they want me okay thank you thank you hey anyone else yes sir that was my wife da I'm Bob my only concern is on the licensing does it specify one person music or does a specified open group it would specify one it would specify one person group that's what was asked for that's what's in the in the notice was this question I'm sorry I shouldn't have answered your question I'm sorry Mr Stone um I he asked would it would the license limit the amount of entertainers and I I said as the application it asked for one it would be limited to one okay yeah it would be limited to the request okay thank you they requested one and the board granted one that would be it the board granted it up to two then yeah but no you can't get a license for one and then have five if that was your concern no right in the public notice it says consisting of one musician yeah they would be bound by that anyone else I'll go to the board then Mark uh thank you Mr chairman am I correct to understand there have been no complaints filed that's when I was I didn't check but I was I talked there I don't believe we've had I asked the manager who's been there for 18 years and indicated that there's been none I've represented the group for a while and some other businesses and um I would if if there had been a complaint in the past five or six years I would have been the lawyer handling it so okay very good my other question is um and I think it it may be a typo but on page five of your application section number 10 Financial disclosure yeah um I think the amount that you probably wanted to state was it says the total cost of the project 14,650 I think you meant 14 million you might want to we'll to fix that with ABC yeah I think I think for the record you probably want to make make note of that correction that is a zero like point 14 yeah it's on thank you for that actually because that would have been a problem with ABC was that Mark it's on page five of the application I was reviewing the details in the application and I noticed that um it said after the numbers you had 10.7 million for the uh purchase price m 200,000 for the business assets 3,750 for other and then the grand total being 14,650 that's a hell of a bargain so that's yeah so I just wanted to I wanted to commend you for such a great deal bought it yeah so I think that's just a typo but just a note that you yeah that's absolutely a typo correct make a ver it'll it'll snag you later on no that's we will make that correction on the application fourth with yeah I don't know if I'd send that math up to abcc no no no yeah but beyond that I I don't have any other questions again this is a a trans C Mr Forest thank you Mark Dan you had me right until I heard a name what name was that Patel that's the same gentleman that was involved with that other organization in West yth right same type of ownership interest I got to tell you I I'm not sure I want to Grant him any consideration it's no reflection on your client or you but that man I don't know if he has an ability to conform with the Yarmouth Town ordinances I don't trust him I I don't know the I don't know what's his role um just the owner's name I I mean there's so many about it's is it Nicole cash a shook I think it's was it a shook cool we had a a long drawn out process with one of his other OB um businesses don't think that's the primary manager that you're talking about I remember that he was part of this organization when I saw the sale go through and I got to tell you I mean he just has such a a poor reputation in my estimation I um if it's the if the primary person that I deal with is a gentleman by the name of N nul and that is the I believe the the principal operating individual and I do not think that's the person you're talking about he's not involved with the West yarm Resort is it I think that's the business that we're speaking of I've represented him the group in the past and I quite frankly don't remember it was the same type of ownership interest many many owners pardon me pesh is that pesh is one of does he have interest other other Hotel interests in y he he may he may I don't know that information you don't know I don't seriously you don't the attorney you don't know I know I represent the okay the main I mean I don't I don't go and vet I mean no attorney goes and vets their own clients they run the quaries on them and I get back and there's 20 different individuals I can go back in the name and I've reviewed the application I just don't the it's just Joe we we we've what every there's 24 people I don't know 23 people I don't know what interest they hold in other businesses off the top of my head I just don't know when the other business that I'm speaking of was not in compliance it was a runaround trying to get somebody to take ownership of the issue and to actually speak with us you know I just I can say I can say this and I don't remember what the property I dealt with nicool on an issue before um and I think it was in the Town of Barnstable but I don't want to I just don't have to top In My Memory all my memory is is dealing with nicool is that he was he's always been to me extremely responsive wants to act and I you know I wouldn't rep you know represent otherwise I I just would say nothing uh but he has been extraordinarily attentive um addresses everything that I've brought up and issues have never been a problem um and I you as long as I represent them I you know I'm very I'm very forth you know it was tough with my clients and this is what you need to do this is what you need to do this is what you need to do as long as I'm now I'm not guarantee I'm going to be representing them forever but that's how I represent clients if there as long as I'm representing them if there's a problem with the town of Yarmouth you know most people have my if not my main number they a lot of them have my cell phone and call me and I deal with these things on a regular basis it's a big part of my practice Bob is that litigation still pending there is there is there anything pending at that yes there is zoning violation that um the town has initiated litigation may I ask how you spell that name cuz I don't see it in this list of ones that I have here yeah n i k l been my primary is he employe he's as far as I again there's 23 he's not one of the 23 that I see here no but he is a principal under the under the corporation's division certificate of organization that is at the beginning of the he's Essen the CEO running the show I guess for lack of a better term again um no disrespect to your client I have no problem with the transfer of the license but as far as entertainment I I don't trust the man I there's no objection to the inside entertainment I mean I um again I with respect to the outside entertainment I the the way this is set up the day-to-day operations will be um handled by the manager of the liquor license and with the entertainment license and I'll represent to the board if there's a problem we'll shut it down until we can address it or we'll shut it down um you obviously that I seen you know we would ask if there's anybody has an issue that they call we we already even before this conversation occurred I heard my uh client offer her business card to the abutters and saying here if there's a problem here's my card here's my number call me I mean the the ownership um it's bad no it's uh just being careful of my words um it's it's a a cultural Thing by many of these owners to have a very large group of people um and it's not uncommon in that particular culture to have large groups of smaller investors coming up with the 14 million and that's the that's the situation uh I do know that nul I is in charge at least that's the as I've been told and I've been retained that he's the one person that I deal with I would never practicing law if you have a like a uh I'm sure the chairman can understand this if you have a group of neighbors or whatever you always want to just deal with one person because they otherwise it's just like hurting cats and I if I had to deal with 23 people I wouldn't be here I would have been like you know what I have enough business I'm not deal with it so I've only dealt with nicool and I've only my relationship with him has only been professional uh courteous respectful and extraordinarily prompt if I call him you know on a Monday morning I usually have a phone call long before Tuesday and um so I don't know and I can't speak to what happened at this other property because I have no knowledge about it I don't not going to say one thing or the other um you know and I don't know who the owners of that are the um I don't want to drag this on it's just we had an earlier petition and uh it was somewhat akin to this it was a um establishment looking for outside entertainment in a residential area there were Butters that were going to be impacted um that particular owner and manager had a longstanding history of compliance and cooperation and in my estimation we have just the opposite here with this particular owner that I've identified I'm again I no disrespect to you and you're not going to change understand I mean I'm a longtime resident of Yarmouth my uncle was a selectman for the town I mean so the last thing that I would ever want I mean my kids go to Dy is to upset the town of Yarmouth I mean this is my home so I mean I I I'm not sure about what you're speaking of cuz like I said I mean we just were purchased back in November I mean this is I'm still getting to know some of the owners and I I don't know all of them um there's a few people that I deal with whenever I have reached out to them because I've needed something or need something done now I mean they've they've been very responsive to me and have gotten what I needed done and in a timely manner um so I mean I understand what you're saying but I definitely can't I can't speak to this other property I don't know I you know as I said I'm I'm not going to drag this out I'm not I I want to give this over to the other board members but I'm just telling you I have grave concerns about going forward and approving and if I just can end it with this Dan I don't think that the individual you're talking about is hand is is handling the day-to-day I appreciate that operations of appreciate that which you know I mean they're owners obviously they have responsibility but I would almost more look like look at it as a quiet owner and investor that's my understanding or sheltered one I'm all set Mr chairman thank you um who's next tus I see reports from the building department the health department and the fire department what I don't see is the police department would we usually have a report from the police department not necessarily okay the other is I see that um there is uh information that there are eight seats in the pool area um and but there is additional 60 seats and nowhere else do I see like with the health department or the fire department the numbers that I see for them are 36 seats for the restaurant that's the in the 36 is the indoor bar okay and the 60 seats that's the out outdoor bar the outdoor pool area it's a it's a pool with a pool deck and then the bar okay so it's not specifically mentioned the only one that's mentioned is your indoor area I don't know what she's looking at when I look for instance at the health department if I look at the inspection by the health department and the building department in case of both of them it says seating 36 RS 128 okay with respect to the um outdoor entertainment if if it and the concerns that have been listed by the neighbors it's never been a big deal as long as we will withdraw the outdoor request and only ask for the indoor request on the entertainment and it's just a transfer of the the application itself is just a simple transfer that's been in existence we're not seeking anything additional or um additional the outdoor if more than you know with the relationship with the neighbors our concern is to maintain that if this is going to cause them a tremendous amount of stress and they indicated they have no issue with the out the inside entertainment we're okay withdrawing the application for the outside and just deal with what we have over continue as we have over the years I think they play a radio there once in a while but um and that's been not been a problem so and I think that would um uh address uh selectman Horgan's uh concerns as well on on uh something being asked for that's opposed okay and I did find the name um in one spot and that was that um He's listed as the resident agent cool yes he runs he's the he's the person in charge running the running group of owners okay and and well the others They al show percentages of ownership there's no percentage listed with uh Nicole okay that was my mistake I'm sorry he is but he is the he is the person that I've only dealt with the only Authority that I've dealt with through this transaction do you happen to know what his percentage of ownership is um I if it's not there then maybe I misspoken he's not he's not an actual owner he's just the the person in charge running the running the group as the U as a resident agent I'm sorry if I misspoke I was under the impression that he was looking there's multiple patels and I um was confused in that regard and speaking to what um slman Horan was talking about with our previous experiences um was anything ra else raised by the building department I don't see anything here in writing from the building Department I have never there's not been one complaint or anything it's been the the application was processed through the time of yth and um the only concerns that we have received from anyone was the a Butters letter that we received a few days ago um and that's the only concern um and again I think if you listen to the neighbors um they were concerned about the music but they talked about the outfit being run in a very professional manner uh they're very concerned about the neighborhood and that and there's no change there's no intended change in anything of the operations they want to they bought it because it was a successful business and was run in a very professional manner and they're keeping everybody on board to run it as it's always been run and that's the intent okay thank you thank you Mr chairman I'm set is there any way we can tell if any of the the patels that we're talking about here are owners of the other property in Yarmouth I I don't know you cannot talk to the to the owners to see if they own other and other property in Yarmouth which I mean I could I'm saying I don't I I would I wouldn't wouldn't expect you to be able to answer that question this evening but it it would be important to know because there is we did have a major problem and I don't it may be a completely different family I mean but tell us like Smith I mean there's there's a lot of them it's on steroids yeah yeah it's the most common it's the most common name in the uh I think in the world in the subcontinent right in the whole world yeah and um the especially on cap um but the um I all I can say is that I will if we're lucky enough to have the license transferred in this the operation the motel be run it's important obviously we have to go through the ABC if approved but we would you know for the guests or whatever to have it up and running for a portion of the summer would be would be preferable if we could get approved tonight um the I will absolutely guarantee you that I will Express the concerns that have been raised by this board to my client in very clear and uncertain terms well I again it may not it may not be the same family yeah I don't know and that's what I'm saying I don't know I don't know I um I over the years have represented numerous patels um some have the same name the first name and obviously they all have the same last name many of them don't but I do not know um I don't know um but what I can say is that of this particular group um in dealing with Nicole as the primary contact and the person that I've always been told was in charge uh of running the group um that my instincts and my representations before this board I've been coming before these boards in the cape for well over 25 years and I one of the reasons why I have I think good success is I tell the truth and I am very careful of that and very careful of my words because that's the only thing I have um so my knowledge of who owns the ownership is I don't have a clue uh that one name that uh Mr Horan indicated is kind of a unique name so that could be the same person um but I've never represented that person in the past but that person is one of 23 and um I would suggest to you that you know it's a different operation but I I don't know if if any other if that person is one is the actual person or how many of the 23 own anything else in the town of Yarmouth I do not know I I I have no problem with with 23 and patels I find former Banker I financed a ton of properties for patels and I think the most I ever had before was maybe eight or nine owners but I it's not strange to have to have that's the most I've had the most I've ever had probably by a factor too and again I've had similar situations as well and I as I indicated it's more of a cultural cultural thing that U I've dealt with no further questions for me Mr chairman yeah the only the only thing I'll say is it be very difficult to answer a lot of these questions with the is is the right term the surname like like patal I mean it's exactly very vast um and very common name most common name in the world somebody suggested earlier I forget who it was be like saying you know is this Smith related to that Smith it's really tough to untangle all of that um I can sympathize with you I'd also Imagine when you're doing the application you trying to stay more focused to you know what you're bringing before the board rather than these collateral issues it yeah I yeah I did not we didn't expect yeah I didn't I mean I've never ever when I have an application ask a client you know what other businesses do you own it's not part of the application it's it's not my it's not within my strike zone for lack of a better term so I don't ask that question just not do we have a um a motion to close the public portion to the hearing so moved a second second those in favor hi would anybody like to make a motion on this um application we do want to do these separate um yeah let's do them separate one is for the transfer of an all annual alcohol license from Bas Yarmouth LLC DBA bside Resort Cas beus manager to Travis Hospitality does anybody know how to pronounce Rod's last name sure shinski shinski shinski shinski Rod shinski manager um let's do that portion of it so moved have a second second we have a motion and a second for a transfer of the all alcohol license as requested all those in favor say I I anyone opposed it passes unanimously um now we deal with the week weekday and Sunday entertainment license um and you requesting exactly what you have now yes I mean as far as the entertainment yeah I mean as long if I can just continue just to play the music that we're playing out there through the the radio I mean I'm I'm no but I mean in your not say are you asking for anything additionally um yeah well there wasn't on entertainment license before so yes it wasn't no this no it was not it was not no and all we're looking for outdoors is to continue to be able to play the radio as indicated and then um no live out no live music Outdoors so tell me in as concrete terms as you are for Purp purposes of uh framing a motion what we would be looking for the advertised indoor entertainment as advertised in Outdoors non non-li entertainment only at and at at um what do they call that um conversation level acoustic uh yeah thank you so you're looking for weekday and Sunday entertainment to include recorded music and or a live band consisting of one musician and the hours of entertainment are from 11 a.m. to 700 p.m. outside and 5:00 p.m. to 11:00 p.m. inside weekday outside entertainment to include one live Entertainer 3 to 4 Hour blocks between 1 p.m. and 8:00 p.m. so is that it no we would strike the live entertainment outdoors and just um you would strike that just the live outdoors but allowing us Outdoors to have um uh radio uh you know uh radio or uh recorded music at at low levels see that's the part of that claron it's advertised for weekends outside to include one live entertainment 3 to four hour blocks 1 eight you say strike that strike just the live yeah we still want strike that live word live yeah strike the word live and just uh so just one Entertainer just recorded in recorded so strike one live Entertainer yep and put recorded music yes recorded music what about the three to four hour blocks I don't think you need the three to four hour blocks then that can be stricken all right so let me do this again because I want to get it right so we don't have future problems So when you say Sunday entertainment to include recorded music and or live band consisting of one musician where is this in this sentence weekly and Sunday entertainment to include recording music into our live band consisting one musician what's that reference to is it indoor outdoor what is it that what is that sentence referring to um it's down in the main body of the um legal ad weekends weekly and Sunday entertainment to include recorded music and or live band consisting of one musician I would I would just say no live just no live music outdoors I said in the repeat maybe that would be live no live music outdoors and then leave everything the same that might be the easiest way to do it that will allow everything else I think that would be the easiest way to and everything else asked for would be we hope to have granted all right so let's talk about what we can have we just talked about an exclusion right yep so we can have um recorded in and live music indoors so what minut recorded and live music indoors with one entertainer right with one Entertainer with one indoors limited to one Entertainer and recorded music Outdoors for the in for the hours indicated on the on the application the recorded music Outdoors right yes all right now now we look at the hours so it's 11 to 7 Outdoors outdoors and 5 to 11 inside and 5 to 11 inside correct that will be sufficient all right so let me see if I get this right does somebody want to make a motion that we Grant an entertainment license um for live and recorded music with the live music limited to one um one Entertainer let me inside course indoors right M and recorded music Outdoors between the hours of 11: to 7 outdoors and 5 to 11 indoors with the understanding that there will be no live entertainment or music no live entertainment slashmusic Outdoors no live entertainment yeah no live yes entertain that's correct somebody want to make that motion I make that motion have a second all right any uh any discussion before we vote no okay all those in favor say I I I anyone opposed a bit torturous but I hope it'll avoid future misunderstandings about what's allowed and what isn't and that message will be sent that uh uh Dan it requested it be sent it be thank you very much and I want to thank the board I want to thank the neighbors and um on a personal note Dan I've been dealing with you at the court for 30 years Peter Banking and here thanks so much I'm going to miss both of you guys so much thank you all right I'm going to um before we go to the next item take a five minute recess we're going to deal with Recreation and I'm going to get some water all the way take care of yourself can can any can anybody hear me I have a question though and I have a question [Music] heed heered I haven't even finished up I'm pay I gotta have it on the background keep an IDE okay that's my brother's name so I've been try to him a hard time about neighbor the it's on the other side of the church you're right it's not going to be [Music] you and the church and it's not the church has the house on the other side of the church so on the other side of that house so where you see the woods now ELC neighbor Sean's house that's going to be think by the dasis river river cathol CH they're auction Bas Woods is showing that where my neighbor Sean's house is goes right over including I'm not sure right out here why don't you come on and show me what you're talking huh I'm serious be be a tourist you know get a here of white socks and sandal no for all right you all right let me do this okay we're moving on to our next item summer season program update from the armouth recreation good evening good evening Mr chairman Anthony Bennett Recreation director speak directly in the microphone and address the folks with you introduce them I'm sorry sure so Steve Reynolds is the assistant Recreation director uh we have ruthne in the back Administrative Assistant Steve sanski and and um Deb Clark from the wre commission great so we're happy to be back here we were here a couple um months ago going over a couple budget items with our lifeguards um so again this is we just introduced ourselves a couple other people I want to highlight um Maria kobal is our flax Pond summer camp director who's been doing it for over 20 years and has done tremendous job working with kids with all sorts of you know learning disabilities and backgrounds and every year um they do a better job it seems like from year to year um Steve has been doing a great job as the assistant Recreation director recruiting running programs taking a lot of that stuff off my plate which has been nice and of course Ruth who is you know the glue of our uh division uh keeps everything running keeps Steve and I in a right straight line um so thank you Ruth um tresa Casey is our sailing program director um she has a great staff of instructors assistant directors and we're you know very lucky to have her um Susan Wagner is our beach supervisor our WSI and our LGI she'll seasonone in charge of she's not able to be here but she's in charge of certifying all of our lifeguards and teaching the swim lessons so I wanted to take an opportunity um I invited them here but due to scheduling they couldn't be here but an opportunity for the public to meet these people uh and then obviously our rec commission Steve sanski uh Paul Dean Debbie Clark Josh mados Lauren Villa and Karen Chima uh and that our newly appointed um commissioner Margaret malova so I just want to give them a shout out for the support that they've given us uh and also you know they volunteer their time to hear me talk you know once a month um and help out with projects and stuff so their support is greatly appreciated um from us jumping right into it um so we're in very good shape for this upcoming summer so we currently have um 30 Beach staff um with us we have three Beach supervisors eight headguards 18 lifeguards and one Junior guard a couple of these have changed because we've had accepted offers come in from positions that we um offered to people um we have 23 applications to fill the remaining spots so you know we anticipate being fully staffed for our lifeguard the summer which is the first time it's happened in several years now so um we're in a very strong position with that um and I'll give Steve the credit going to this the job fairs recruiting kids you know who else do you know who can be a lifeguard so Steve's been great with that um we're going to continue our free in-house training so our Susan our LGI will be certifying our guards in the next couple weeks um and recertifying our caring guards uh in the sometime in June or July um so it definitely wasn't easy to get into this position so over the last year we've done a lot of um recruitment we worked with Lori Sullivan our communications director to create some reels for Instagram and have a bigger social media presence um recruitment from our current staff is one of our biggest drivers so friend you know people who have friends who want to be lifeguards you know they're reaching out and bringing them to us um and part of that is our culture and our competitive uh wages that we're able to offer on the cape so between the town and the board's support with our increase in our um lifeguard wages we've been able to kind of deliver on those you know Promises of we're going to get fully staffed so uh we're in a really good position we're really excited where we are um we're going to be starting full-time at the beaches the week of June 15th that Saturday and we'll be starting on Memorial Day weekend so a couple weeks to go um we met with DPW the fire department natural resources to do a debrief of last year and to a preseason overview of what to expect this upcoming year and clear some things up from the year before uh our flax Pond summer camp no surprise here uh we filled all of our 1,840 camp slots um we're looking still to hire about 3 to four senior counselors uh Camp begins on June 24th and'll end on August 16th um Camp goes Monday through Friday 8 to 4 with the option of after care which is popular with parents um and one thing to note um and a testament to our staff is that we're a finalist in the 2023 Cape cods um best Community Choice Awards for uh summer camp after school program um we're also going to be working with um Bill Scott Town Administrator for some Capital Improvement plans at flax Pond and you know other locations um so we're excited we're excited with that as well our sailing program so we're still looking to hire one more sailing instructor um we're increasing our our enrollment um by adding more additional sessions later in the afternoon so typically we would be done by around 12: or 1 uh we're going to extend it back to how it used to be to 3:00 um this past town meeting we um were approved from funding for a new chase boat which helps keep the kids safe in the water if they tip over more Eyes On The Water to protect our kids and as our enrollment grows we're able to have more eyes on people in the water so our safety is the number one concern um and sale for the day so kids can families who come down for the cape um visiting they can come in and drop in and learn how to sail for a day or two days and we do a pro-rated rate for that so our enrollment we anticipate to continue to grow with that as well uh we offer the instructional the racing Advanced racing uh and it's a real fun program if you've ever down been down at Englewood Beach it's a really good location kids have a blast it's definitely unique and um one of the most popular Recreation sailing programs uh you know definitely on Cape Cod another um fun and exciting um thing Recreation is getting into is pickleball tournaments so um we're running a pickleball tournament June 15th over at black Pond we've opened it up to nine divisions 12 teams per division so it's men's double mixed doubles and women's doubles um we're we can accept up to over a little over 200 participants I'm not sure if we'll get there this first year but I think we'll eventually get to that point um we've been working closely with the armou pickle ball Association um so they're volunteering to run the pickle ball tournament because it is takes about 25 to 30 volunteers to between the runners and people giving out food and uh and drinks and hydration packs and all that stuff so um they've been great to work with and overlap with our summer camp so um thanks to Bill Carol for you know being flexible and working with us and getting the volunteers for that um so that's going to be an exciting uh exciting event that we're going to run so if you're interested and want to participate head over to our website and sign up um the next next slide is just relates to the madaki school um I did mention this in our last um presentation that we're able to offer a lot of new um programs where we necessarily wouldn't have been able to run them before given lack of access to a you know a facility or a gym um you know a lot of these programs that are up here you know it's very difficult to rent out space at Dy at any of the Dy schools um we're competing with every other private group um local youth youth Sports Group so being able to have the madaki school uh basically use it as we need to to offer these programs and it's everything from Sports it's after school homeschool um a new program that we're running this year summer basketball league is air basketball which is accountability integrity and respect and we're going Beyond basketball we're going to be doing community service um working with you know other departments um you know and offering a outlet for a lot of kids that otherwise wouldn't have this option the biggest thing for this is we're able to keep prices significantly low um we don't have to pay uh rental fees or janitor costs at any of the schools because they're only there for certain time so um it eliminates a lot of those um a lot of those costs which for us is great because we can offer a program for half the costs at times um for for the community to enjoy Anthony I'm sorry but can I stop you right there for one sec um janitor services I I've heard um from some folks about the matak keys um is kind of on the dirty side is that something that being addressed yeah so we have a um a cleaning company coming in um once a week to clean the bathrooms and then Steve and uh myself will you know clean the gym floor with a with a dry mop as needed and mop it you know frequently um so we're kind of it's kind of a let's see how it goes and if we need to add another day for the cleaning company to come in then we will we haven't had our office itself hasn't received a bunch of complaints um occasionally the kids will go in there and you know do what kids do in bathrooms um but we're able to kind of go over there and kind of fix it if we have to or DPW comes over and fix a leaky toilet um so it's definitely on our radar with bunch of kids running around a building you know things are going to definitely get messy but thank you um so it back to the point but um you know one of the other programs I really want to highlight is our our open vacation week program that we offer um so we had 40 kids I think um in February and then like 55 kids the entire week Monday through Friday 8:30 to 4:00 parents had somewhere to send their kids that were that was safe we had our um we hired a lot of our camp counselors um to work um so we knew there were kids who were really good with kids who might have some who need a little bit more attention so we were really excited with that program that that that Steve um ended up running um not on this list is the police National Night Out so the police National Night Out is going to use the m fields for their National light out um as well as part of the gym so typically they had done it at Simpkins they wanted to do it Sandy but the location is kind of perfect for them where they can bring a lot of different equipment out there and utilize the gym and the bathrooms and stuff like that so um which is a which is a plus for us um also in the packet is a letter from the Recreation Commission um to the select board in relates to um you know support to continue to use the the mes gym school um and kind of goes over a lot of those points of you know the lower cost we can kind of control the facility um run different programs that we wouldn't able to do and also increase our program so we're you know we're almost at 20% of an increase of our program we'll get that to that in the slide but um I just wanted to um let you know about about the letter and you know the support that we received from the commission which is great some other programs and events that we've been um running over the last year or so um so with the golf division they run youth golf clinics and family clinics with us um we've heard great things from them Dennis does a great job um the Junior Amateur Championship we're going to participate in and show a movie for the kids of the tournament outside with our big huge beach um blowup screen that I'm sure everyone has seen um not sure what movie we're going to play yet but um I think it'll be a good addition to their tournament um this summer uh we've worked with the Chamber of Commerce for a couple different events so the annual Winter Carnival I'm sure you're all familiar with uh we have our ice skating rink um we had the most numbers we had with our skating rink this year um we had a lot of fun the weather was pretty pretty much mild um and also this um upcoming summer um we're going to be doing a mermaid event with the Chamber of Commerce again we're going to be showing a movie that kind of connects with uh the event that they're doing so that should be fun natural resources um so they we run a Wilderness survival skills I should say Steve runs a Wilderness survival skills DNR comes down with all their fun equipment uh their trucks their quads and they show the kids different survival skills and talk to them about nature and safety and um don't touch squirrels and rabies raccoons cuz they might have rabies and all that fun stuff um and that's a real that's a real fun uh program um and also we work with the Library Division so we do a kids night out um where we um kids come in they decorate cookies we watch a movie and the library comes in and does an interactive um uh craft with them um we did a Santa visits flax Pond uh I won't say who is Santa you can probably guess between the three of us who might have been Santa Claus um uh which was great they came in we were part of their Santa CLA Santa um program uh and then obviously they came in and helped us with our April and February vacation programming so they came in with crafts and you know offered kids a different um program other than just kickball or dodgeball or a sport so we're happy to work with all everyone um um this summer and and in the past um so for the summer the programs I won't read them all off kind of went over a couple of them um kind of offering quite a bit for Youth and adult as we're also running the beaches we're running the um you know the sailing and Camp so um our summer typically um we're busy running all those things so you know Steve and I can't necessarily run a lot of programs so we we do have a couple vendors that will be running programs which is good but um yeah those are our summer programs um so this is a updated graph from the last one that I had showed you at our previous meeting um and couple things on it so our summer registration is appears to be less than 2023 we just open up registration we anticipate that to continue to grow with sailing and other summer programs that we have um so I ant we anticipate to be over what we were last summer um as well as a fall fall we don't open registration up until usually end of July or early August again that's a number that I anticipate us being over last year so you know I can safely say that I think we'll be over 5,000 you know individual participants in our programs this year and a big part of that is the use of the madaki school um to be able to run these additional programming uh additional program so to us and I know to the rec uh commission that building is you know hugely important for you know our continued um success I think that's it questions comments Mark thanks Mr chairman um Steve Reynolds has been very quiet over there at the table what do you think Steve yeah I figured I I would be put on the spot here um but yeah you're not going to get out of this without saying something reiter what uh Anthony said the use of madak Keys has been kind of huge for our programming um I've been over there most of the time earning basketball and indoor soccer and the vacation weeks were which were totally successful with the amount of kids we had and um the relief for parents to be able to have an outlet to bring their kids for the vacation weeks was definitely huge and it was it's something we wouldn't have been able to do without the use of madaky so it's kind of the point I want to drive across is no just been huge that's good no um it's it's obvious a lot of work has gone into developing these programs and building interest interest and it's the message tonight obviously is the madaky facility uh is definitely getting plenty of use and it's helping us build our program rather than having to rely on gym space some other place which creates a cost for us that we've got to recover we're able to get a lot of things done over here so that's I think our challenge is going to be when it comes to looking at reuse of at the facility you know is there a way to sustain that activity with everything else that's being talked about clearly you're making a case for us tonight that we should keep recreation in mind uh as we move forward in analyzing the ReUse of the facility and I would assume that it's going to take us a while to develop a plan and move forward so I think you're going to have a few years here to really um you know keep this momentum going and I think what you're doing is terrific and I want to applaud you for uh all the work that you're doing all the success that you're having um I know I've sat in on some of the rec commission meetings and uh you know kudos to the commission you Steve and you Deb and all of your colleagues on the commission um you know everybody's pitching in to try to help make this all work and you're doing a great job so thanks for coming in here tonight and updating us um you know a lot of our Focus has been on are we ready for the summer and are there things that we need to do to help you be successful and it's nice that you came in to let us know that it looks like things are under control we should be in reasonably good shape KN on wood and uh you know we're headed things are headed in the right direction so I'm really pleased to hear that and once again congratulations you guys have done a great job thank you I absolutely agree how long have you been with us Anthony um just over two years and just over one year as the Director here and I know you're new I believe yeah so I wish on the list you had put a different color for the new things that you've brought since you've been here because it's amazing to me the expansion of offerings that you've brought to the table congratulations to both of you to the support staff behind you and to our volunteer base because this is the kind of offerings that the town of arm should have and um it's just really nice to have finally arrived there um one question um the summer offerings is there brochures is there a website that people can know about um I particularly was interested in the Tai Chi not the senior one the other one Tai Chi by the Sea yeah yeah just um where do you find out this information so we post everything on our Facebook page our Instagram page and then we have Flyers kind of throughout town we bring Flyers over here at Town Hall as well okay um libraries um I'm not sure if we have them at the library we we do we have put everything over at madaky or they left us a nice beautiful display display case that we were happy to take advantage of now it just be great if everybody could know exactly what's going on here because it's it's amazing to me to see the expansion that you guys have brought to the table thank you thank you de Dorcas you're doing a great job thank you both um and I'm really happy to see for the lifeguards it looks like you're doing your in good shape coming this summer that's something we usually are not hearing about this time of the year and um I like the fact that you've got an kind of a program going there to have folks grow into th those positions kind of like the counselors do over at flax Pond I think that's a good way of keeping people from year to year and um I've really excited by the different programs who knows I might join Dan down there at tai chi in the beach and of course to the to the um Recreation Commissioners thank you very much for all that you do we have some um very dedicated people that are volunteering for us and we also have some very dedicated people that are working for us both as support staff and in the field thank you very much thank you thank you I go way back with Recreation and and with fond memories both as a recreation commissioner and even coach um I've had probably an excess of 20 years experience on the commission and probably even more than that coaching so um one of the essential components I think that has to be discussed here tonight about the future of recreation and the ability to maintain the programs that are in place and go beyond that is facilities um back in the 1980s 90s and thereafter when we used to come before the board of Selectmen and they'd say what do we need how can we help you well the need was obvious for indoor facilities because we depended on the schools the reason we're able to program like we're programming in madis and don't give me wrong I'm not to detract from what you're doing and the Commissioners are doing I'm applauding it we didn't have the ability to do that because everything had to be based around right the school schedule and if it got too difficult or too complex or you wanted to make somebody work too many hours the answer was no I'll give you an example you have a winter basketball program the chadam Corral would come into the mes facility they want to do a concert they're going to pay money to rent a facility guess who got bumped the youth basketball program so we did not have and and when I was coaching going to all these various towns playing tournaments you went to fou how many years has Gus KY been in existence 50 or more long time at least and that's a town run facility and and in all these other towns that had these recck centers we just were some we we in this town the political will wasn't there you had an older population and every time you raise the issue of indoor facilities where's the money coming from we don't want to pay for that you know you you're kind of dead right from the Geto so I think there's a big opportunity here to make sure this is just my one person talking that that mades facility remain as part of whatever is going to be done to to that property and um we need it desperately um I don't want to get into a big lecture on on juvenile delinquency and all that but I'll tell you my Mantra it's not enough to tell kids what not to do to have them grow up right you have to show them positive things that they can engage in places they can make friends places they can have fun places they can um you know I look at my my older daughter for example and I she she's a school psychologist and I think back when she was a little kid and I think back to when she was married most of those girls that were her bridesmaids her friends and they met them they they all met through athletic programs through recreational activities and they were lifetime friends to this day so it's important that we we have this kind of um programming I'm very excited to see the program expanding even with program funding when I first came on the recck board there was very little financial support and the Lion Share of it you know where the lion share of it went to ice hockey which is very expensive and to subsidize in the Dy Red Sox so truth and gradually you know we kind of reallocated those funds and made sure that a lot of these programs got the money well the funding is a lot different now than it was then there's a there's a lot more resources that can be applied to Recreation um you deserve a medal for running the um the little kid got basketball program my grandson was in it I only went to one game cuz that's all I could tell take one kid gets the ball and they travel the whole link to the court they run and then they just throw it wherever um how's your how's your therapy sessions going oh extensive I mean you had the patience of a saint dealing with these kids I'm serious that's that's a those little kids are very very difficult to to keep their attention span on one thing for very long and uh he did a great job with the kids they all had a great time I can tell you one thing for sure the next LeBron James will not come out of that program won't happen but um this is important work that you do you know some people think of it as quote an extracurricular activity quot quote I don't look at it like that I look at it as a very important part of a of a Child Development very important and my wife taught for many many decades I said didn't say years decades and I used to say to her she' say you're very good with kids you're you you're good disciplining the kids you're good getting the kids doing what you want she was too in the academic setting but I said you know the difference between me and you the kids are having fun with me you're just telling them to do work all the time so so this is this is a qualitative thing for the kids too to have Outlets to have a good time have fun to make friends to a lot of them um it's a sense of identity they're very good athletes they're getting positive attention that's very healthy for them to do so um I'm very happy um with the work you're doing and some of these programs that um you're doing in the summer if I can find that slide that uh talk about chair right and ta and things like that are these programs where you have outside vendors they come in they do the program they charge a user fee kids directly yeah so John marash has been running our karate and taii for almost a decade now um he's great with the kids he's a former teacher and he his cost is very low because he cares about you know the kids um he wants the kids to grow and to learn so um yeah he's a he's outside vendor for us but um you know he's like family for for us at least with how he runs his programs um and he does it all year long and it's great you know one thing that that I find very interesting and I'd like to hear your feedback on it um when my kids were real little and I was so active in Recreation um I don't remember them starting as young as they are starting now now I the earliest team I can recall one of my kids being on was like an under 18 team which I'm so assuming was seven year olds and up today how low down you go to like four three so we start at three so so the demand is a lot higher for children's programming now at age three it is I mean absolutely people are always looking for activities for those little guys right so what what's your assessment on on where that demand comes from and why why there is such a demand um I've been working in Recreation for like seven or eight years and we offer programs for a kids younger kids older kids some years it's a it's crazy high enrollment we run the same program the following year or two years later and we have no one sign up so I've been trying to crack that code for a while now um I think we're we in that cycle right now of younger kids um staying on the cape you know family staying on the cape and looking for um Sports and looking for Outlets um and I think also um even for the older kids we're getting all these applications for lifeguard so I think it's a a Cy cyclical thing that comes and goes um but I think if we're not offering it no one's going to know about it so um we we we're trying to expose kids at a younger age to all these different kind of programs to see which ones they might like you know um my daughter does t-ball she does dance she does soccer so all these different programs I think it's healthy to expose kids as soon as you can to them um but as far as why it's popular at some points I still haven't been able to figure that out um but um I'm not sure if Co is a factor of that too people wanting to get outside but um you know we're going to continue to offer the programs and um one example our t-ball program gr grown from 34 kids we had 53 kids sign up this spring alone so there's a huge demand right now for younger um you know the three to five six year olds so we're happy I don't think it's limited the arm I think it's all over the place yeah I think so um very interesting you would tend to kind of take a look at what that demand is and see if you can address those needs for I I think a lot of it is socialization that parents want things for their kids to be able to do outside of school um and the other thing you have is um sad to say but you have a lot of grandparents taking care of children because of problems that their kids have with substances and things like that so they're obviously looking to try to make sure their kids fit into that social age appropriate Network um I think there's there's a lot to think about here and I think there's some big opportunities for expansion of the programs um here and back to you no kidding you know you you meet I was watching you carefully you made sure those kids had fun they had a great time they were horrible players I I've never seen anything worse in my life some better than others but yes you did the best you could I mean their attention spans are very limited at that age group and their skill level is too serial skills they haven't reached that level yet um that's when obviously you can put different skills together they can't do that yet but um they had a great time they all had medals they all thought they were Michael Jordan mhm um so that was great yeah I think just getting the ball in their hand early is is beneficial to them it's going to just help them for years to come if they're starting in preschool basketball that's they're going to be so much farther ahead than someone starting in say fifth grade basketball so I think it's it's good to offer these sometimes you look at kids at that level and you see them in high school you say how's that possible How could somebody go from these kind of limitations these kind of abilities um but but I've seen it happen because when I was coaching I did the um the lowest level I ever did was under eights and the highest level I did was under 19s who were mostly high school and Collegiate players and you know I I used to Marvel at myself saying these are the same kids they would whiff when they tried to kick a soccer ball you know and here they are Collegiate athletes so it's remarkable the development over the years um and I know Debbie Clark has been on the commission forever she was were you there before me or at the same time I was there about 85 about the same time and then Steve was always the um head of the travel basketball the travel soccer program I worked with him for many many many many years until he came over from rck um so so exciting but here's the point I want I you know I'm hoping everybody in this room will walk away with our our needs for facilities has not changed since the 1980s we still need now what we needed then and and and I think we got to address that I think the kids in this community deserve more than they're getting in that respect and and I very much would like to go on record for saying that I I understand and I hope you do too that your ability to do the expansion work which you should take full credit for with programming is contingent upon you having the facilities to do it correct and we got to give you the facilities because you're doing great work thank you thank you Mr chairman yes yeah I I think where we're at here is a very unique moment for the town right we've known the need to have better access facilities well now we have it so I think as long as this window is out I I would urge you to make make our job difficult show us that we can really expand and grow Recreation at that facility spend the next two and three years just pushing it and pushing it as far as you can so at the end of the day will have a tough choice you know or become self-evident that the value of the facility is so important that it must be a part of any future reuse plan so I think what you're doing is not only important for the kids and important for recreation in Yarmouth but I think you're giving us an opportunity to see something special here that this facility can sort of bring sort of add a huge Dimension to this community something that it's dreamed of having but has never had um you know I I'm used to going in and out of the Gus KY facility I'm used to going in and out of the the the harch community center yeah and all the programs there we have so many other communities that have made the commitment to having these programs and having facilities available for kids um and obviously other segments of the communities but it's it's something special to walk into a place like g c because it's like a beehive of activity there never a dull moment the place is just buzzing parents coming and going with kids all sorts of activities and uh it's just exciting to think about what the potential is here you know we've really never had the opportunity to sort of see this facility come to life for our recck programs the way you're doing it so I would say full steam ahead you know put the pedal to the metal and uh if there are things that we need to do um to help get full use out of it while we're sort of in this phase of studying it let us know you know come back to us it's great I mean this is this is exciting you know to to have you back here on a more frequent basis and to having engaging in more of a dialogue with us I think it's it's terrific and um I'm looking forward to it continuing thank you so thank you thank you anyone else Dan dgas I that okay so we appreciate um you coming in tonight to update us and we even more so appreciate the work that you've done to expand these programs and to and to maintain the other ones that we've had um there's so much we could talk about and and I hope it won't be too long before you come back and speak to us again and keep us engaged and keep us involved in in what's happening in Recreation because you have some very some some people you have great interest I think in your department up on this board and you have two you have Dan's not running for re-election but you have two of the three remaining Selectmen here tonight that have served in the recreation department and obviously attach a lot of importance to that service so thank you very much thank you thank you apprciate it yeah thanks guys good job thank you um Town Administrator of vals I knew there was something I didn't do when I came in here and didn't pass him out but that'll change you want to hang around and you can make sure Bob gets one too this one would be Peter is that extra yeah you got one then yeah so every year we evaluate the performance of the Town Administrator by the five uh select board members this is for last year which is 20 23 um initially when we hired Bob we hired him we gave him a three-year contract and said if he reached a certain performance level in year one that that contract would already be would be automatically extended to year four and if you receed the same satisfactory valuation in year two that contract would be extended to a fifth year and that's where we stand now so this contract I mean this evaluation doesn't depend upon the extension but it can extend upon Financial incentives and things of that nature there are there are um three actually Four performance levels one is unsatisfactory for which a candidate would receive a score of zero one would be need improvements in which case the person would get a um classification of needs Improvement uh the next category would be satisfactory which would be two um and I won't read what that entails because he scored below those three categories and everything the third category is superior and and that's where his start at Superior which is Category 3 and is I I'm having a problem finding the um you anybody have four what four is outstanding what is it outstanding outstanding cuz my my sheet got cut off so four is outstanding and on the an individual basis and also on a composite basis all of his scores come within three and four which are superior or outstanding in other words no Selectmen on any individual category scored him less than A3 um so what I did was I got all the um input from the various Selectmen added them up divided them out and came up with an average score in each category um his first category was knowledge and he got a four a sweep on that one knowledge of the position every um selectman rated it as um outstanding the next one was productivity and the composite score for that rating was 3.5 which is between Superior right in the midpoint between Superior and outstanding the next category was decision making which the average score came out to 3. three which is in the superior category oral Communications the score the average score was 3.6 which again is in the superior upper and of superior written Communications was 3.7 about the same in the um upper level of of a superior he scored again just like his first score in in in um knowledge which was a 4.0 budget and financial Administration the average score was 3.9 almost the same so that's where the board rated them the highest on budget Financial Administration and knowledge although the other scores that flank that are certainly high too leadership came out to 3.7 which is in the high end of Superior Public Relations was 3.5 5 which is superior work relationships 3.5 which is superior staff development and training 3.5 which is superior Personnel practice is 3.4 which is superior overall rating of 39.6 now if you look at the possible scores if he got a four on everything it' be 44 if he had perect if he had four fours it would be a 44 and he got a 39.6 so that's an in my opinion a very very high score um that was what it all came to I don't know if you want me to read all you know every individual section I don't think that's going to be very beneficial but um there is a um there there is a list of financial incentives um that you know we could we could negotiate with our administrator based on these evaluations I know we have Dan's leaving I know Mark has experience as a um um a Town Administrator as well as a board member and I was wondering I I think the last time we just did something aloud at the evaluation hearing but because this is not contract based and there there is a a key that goes with these kinds of evaluations if you wanted to designate somebody um or or more it can be more than one to talk to you know Bob about what Financial um incentives would come from this I think that's a good idea I would recommend you Mr chairman and maybe maybe Dorcas together be a subcommittee of the board uh to review the performance evaluation and come back to the full board with a recommendation on a an appropriate uh Merit adjustment or Merit a um it' probably be best if we did this before I mean this is the last meeting so this is going to be a bit of a challenge in terms of coming to a new board with it but it's certainly something that we should do I think even coming to a new board yeah but the only thing I'm thinking about on the other hand is is um the new board's really not going to have any sense of what his um achievements have been in the last year how will they know I mean it'll take them a while to even get to know Bob I'm very comfortable with a special meeting where we where if you could work quickly and bring it up I I think I think whatever um yeah it really it I know it would be kind of a squeeze but if we could to do something before the um board is is is uh formed I think that's going to be in June sometime early June even if you can get it out to us by email so that we can uh comment back to you on it you at least should have feedback of a full board that'll be good okay CH would you want to be involved in that sure okay again I have no objection to a special meeting it could be done virtually we could meet by Zoom or and uh it could be a very brief meeting you know you could do the subcommittee could meet prepare its report circulate it to the board we could have a virtual meeting and take that action up um I'm I'm very comfortable handling it like that um I'm I you know I Look to You Mr chairman for some guidance and Direction it but I'm but I'm very open to so am I and I would I would delegate this to you if you feel that you would want to be involved based on being on probably both sides of it sure um I'm I'm I'm happy to play whatever role uh this board's comfortable with me playing with but I do think it would IDE in an Ideal World um we should take a look at this quickly and then come up with an appropriate recommendation in terms of any kind of marit pay uh associated with the evaluation and then take it up with the board um and we should do it before the new board is sworn in all right Bob's any comments you'd like to make or any um feedback You' like to give us based on the evaluation uh certainly Mr chairman I mean uh honestly I I really want to thank the board for your strong support um I I can't tell you how much it means to me I'm extremely honored to continue to serve the town of Yarmouth I take this position and its relationship with the overall governance of the Town extraordinarily serious this is you know what I do for for my career and I'm I really do have an enormous level of commitment to serving the select board serving this entire town um I I ALS o want to mention I I I think I'd be remiss if I didn't in addition to the the board of Selectmen and and support I I really need to send out some special thanks of what we've been able to achieve here um Bill Scott in the office um all of our town departments the level of cooperation and support that we've built for the programs when we do the budget the initiatives the when I come into them with the goals established by by the board of Selectmen and we talk about how best to achieve those it's really um electric the process and and people have joined it and I think there's a lot of energy around that that I'm I'm very happy about and um I I do want to thank our team in the office to um Mary Alice Pam Barnes they work extremely hard to make sure that everything dovetails all all of our information um and and they make the work in enjoyable so um I've enjoyed this is marks 3 years here with the town it seems to have gone by so fast we've got so much happening um we hope to get that Wastewater Plant out to bid boy within the next couple of weeks and what a what a big accomplishment that that's going to be and and we have tons more work to do but I I want to thank the board and you know the the reason that that I'm here is is the the fith that this board puts in me and I I just want you folks to know that I'll never let you down in terms of um upholding our end of the bargain to keep you informed in a position to lead and to try to facilitate the best I can so thank you thank you okay I guess that will conclude the town ad and and thank the board for um you know getting this to me and timely manner and um putting the thought into this um I think there's a was a high level of consistency in evaluations which is always good to see um board and committee actions Dorcas what do you have for us tonight uh I just lost my spot to stay with me for one second sure not using paper again we have uh resignation of um I just want to confirm her name I believe it's Lorraine Doyle from the community housing committee um and accept her res here we go yes lorine Doyle from the community housing committee um has submitted her letter of resignation which I move that we accept with our thanks so moved have a second you make the motion you're doing a second you said so move you mean your second right okay all those in favor I anyone opposed it passes by 4 Z vote one member absent okay and um the move that we appoint John Mitchell um to as a regular member of the disability commission this appointment is to fill an unexpired three-year term which will run through March of 2027 second all those in favor I I anyone opposed passes by the same vote for in favor one member absent I move um that we appoint David Gian Copalis as a regular member of the historical commission this appointment is to fill an unexpired three-year term which will run through July of 20126 second all in favor I I anyone opposed passes by the same vote for in favor one member absent and that concludes my business thank you Mr chairman thank you Dorcas now we have the uh minutes of May 23rd 2023 does anyone want to move those minutes don't moved second we have a motion is second all those in favor say I I anyone opposed passes by 41 member absent anybody want to move minutes to July 18th 2023 don't move second we have a motion in a second on the minutes of July 18th 2023 all those in favor say I I anyone opposed passes by the same vote of four members in favor one member absent now we have next the minutes of September 12th 2023 does anybody want to move those minutes so moves second we have a motion in a second all those in favor say I I I anyone opposed passes by the same vote of four members in favor one member absent next item is agenda review so the next Tuesday's the election a week after that is Memorial Day May 27th is the holiday so there's no meeting on those dates the next one will be June 4th and we have um a labor update and executive session board reorganization water quality update golf update Beach opening update Grace Beach discussion of goal setting for FY 2025 and then we're mve to uh um juneth is a h that's the Wednesday is a holiday so there's no meeting next one's the 25th that's when we have the scholarship folks come in um update da Robert gallboys requested early meeting time that shouldn't be a problem with early meeting time for him comprehensive Plan update Riverwalk Park update update at Links golf course so that gets us through June then of course we run into the next big holiday 4th of July so that's where we are does anybody have any anything they want to put on here or well we just talked about um getting together to come to a decision about um the town administrator's salary shouldn't that really be down as a meeting in May um off unless we do it as Mark said you know like a quick virtual meeting well there's also an item that's on our consent agenda tonight um that I I actually sent an email out to all of you about it and um I did speak with Bob tonight but but um my concern is on the consent agenda tonight is the Massachusetts Public Library construction program Grant application there's been a lot of discussion in the community about the library M and I was concerned that at the uh town meeting we had somebody that was bringing up or you trying to not on the library but on another item was saying you know you're trying to hide something from us which I would never want anyone to feel that we were doing and and I agree and on the library particularly um I think probably particularly in West Yarmouth there has been a lot of concerns raised about what we're going to be doing and I I see the public wanting to have the ability to part participate in what that Grant application would be mean is when when was looking at some of it it's basically picking two sites for the state is that correct in a third all alternative say what I was going to do I I agree with everything you just said and we certainly don't want people to think we're bypassing the public process there's a memo in the consent I think you wrote it didn't you Bill correct yes Mr chairman what that's involved and there's a lot of flexibility that that goes into this I think you correct me if I'm wrong I I think that even if you designated site a and site B in an alternative site you're not really locked into any any one of them it's very flexible very open-ended is is that am I correct on that well what the state wants is two sites that are viable by virtue of the you know they're not Wetlands ledge uh or an odd shape so you know we put the two sites that are existing in there because they've been discussed but the analysis is going to bear fruit on what the actual site is as you move forward so uh it's more of a function of what the memo describes in more detail is what was already approved the Tom meeting you you know accepted the fact at Tom meeting that you will be applying and then you Leverage The the match for that and so the programming has been done that is you know what kind of size rooms do you need for this type of community and as I described in here that is a baton that you carry through the race and the next phase is design and then construction after that so during the design phase when you get that money is when you have all those discussions because you take the programming that says you should have a children's zo of size X you know because of your population and your use and then you apply that to a building design and then it also bears fruit in terms of the site so the Grant application is the means to get the money to have the discussion with the consultant programming is less about architecture but the next phase of design will be with Architects uh and also additional programming as we move forward so the memo is you know right out of the handbook uh in terms of how they move forward with these programs town meeting uh sort of uh granted the ability to apply uh that it authorized the application this agency requires that happen at Tom meeting and and it that was done then it was the match so you can put the two sites that have been you know discussed in there and then if it comes back that as you go through the programming in more depth in the design that well those don't work then you go back to the agency and say you know these are the ones we would prefer or this is the one we would prefer so your next step is really the design but we can't choose something that you know we haven't discussed in detail I you know somewhat and we can't choose something that obviously won't allow us to build uh right now it's about it's over 25,000 Square ft was the original design that was considered original programming so all those things are more malleable as you go through a more public process the programming is usually done by an entity or a group that has more familiarity with uh Library science now you're going into as I recommend in the memo now you're really handing the Baton off to this to design and so you may want to take it look at different committee structure in that regard because it's opening it up to more operations and use of the building when you get into design so the memo was really meant to from a specificity perspective you know as we came out a town meeting this is what the application process is in more detail and and there's date in May isn't there like the end of May May May 31st is the grant we're trying to wrap it up in terms of its finality this Friday and then double check everything over the week to make sure that sometimes you want to well not sometime all times you want to submit them at least three days before the due date because sometimes somebody will kick it back and say you know you forgot the signature page you know you submit it on the due date you're not getting that luxury so you you want to be able to submit before the due date and then they announce on October 20 uh 24 the funding is available usually it's after a period of signing the contract and getting all the paperwork done this usually takes about two months uh with most State programs and then your winter and spring uh and through spring uh 2027 you're doing the planning and design so you can see you have a healthy uh period of dialogue design public input opportunities and then uh fall 2027 would we would move on to the next phase what the state does is you submit the design and then they determine what to approve you for for construction so this is a unique Grant in the sense that design and construction are in the same sort of cycle used to be that they would fund you a very small amount in design and then you would come back and reapply for construction but this is pretty much sequential but both the town and the state agency have to approve everything I think programming really kind of identifies what you need it's a foundation for yeah for and and then you can pick on this particular phase of it that has to go in by may you have to pick two potential sites what what we're putting in is what we're going to save guard the opportunity of the town to evaluate the existing Library sites for redevelopment to meet the the programs and we're also incorporating uh a new construction option that um does not have to be you know finalized on one site because in the event that the board discusses and and decides that then then you have the opportunity to to set the sight but um from our previous discussions I I think the key item was to use this program so that we can apply the programming um first to the existing sites and and not have any question about that and and it'll it'll all you know be back in front of the board and and and the other thing I I wanted to underscore that that bill mentioned in in his memo um and you know with the the time frame they they're not going to be even taking action on these um applications for several months I think it's a perfect opportunity to consider at this time we've had a successful um study committee that studied the idea did the initial study and brought it forward but um if we're successful in getting funded here and we apply the match and move into that design phase that it it may be a perfect opportunity to appoint an actual building committee that um The Board gets to adjust the over overall membership on um and and I think it's a perfect transition from the previous study committee to a more formalized committee um but but the key thing was that that we're ensuring that um both the West yarm site and the South yarmi site are incorporated into the study to analyze and come back with additional information on uh the feasibility of Redevelopment at those sites and and that that was what the the feedback that we received from the in the last analysis and I'm just talking pure hypothesis here the new facility could be at neither of those places either one or a or a new site or new site if if you decide that you don't want to redevelop or it's not feasible or something oh you're not locking yourself into anything at this point placeholders yeah that's all well said they're placeholders right right yeah I think the problem though is as Dorcas said is you know I thought we missed an opportunity at town meeting to really explain to people where this program is going and uh you know I do think we I mean we've been talking all along about the importance of public engagement particularly on this topic so uh the way the town meeting was handled was a missed opportunity for public engagement public discussion and at least a general dialogue that could yield a consensus um at least in support of this initial step I and I so I I think uh I I would prefer that this discussion happen you know particularly before the application goes in at a meeting that we have it on the agenda as a specific item we lay it out for people for for us as a board in terms of the key components of the application allow the public to engage in some discussion I don't have any issues with the approach whatsoever I think what's very important what what we've been sort of complaining about all along is the lack of public engagement I think there'd be a fair amount of interest in what this application is going to look like so I think uh it's an opportunity for us to put it on the agenda at a future meeting before the application goes in and talk about it get some public input and then clear the air so there's no mystery about any of this I mean we're having a discussion here on the board there's probably four people watching you know on TV right now um if that so I think um that's how I would handle it I'd put it on a future meeting agenda before we before the application goes in the end of the month and then get some get invite the public in do some Advanced public media on it and uh let's sort of lay out the approach that's being Rec recommended in the application um I think it could have been done at town meeting but it wasn't so here we are so that's how that's how I would recommend we handle it so the applications do at the end of the month um I have no problem meeting the day after Memorial Day if that's what it takes or the following day put it on the agenda have a conversation about it do some Advanced publicity on it and uh that's not to say that it can't be other items on the agenda maybe you know maybe there are other things that we I think this item is going to come back over and over though and I I have concerns about meeting the deadlines and what if something goes wrong with the application I don't know that we can't send it in and still do what you were suggesting because we're not you know if we were doing something that we were there was no um Retreat from if we were lot blocking ourselves into something then I would feel differently but then I think if if the board doesn't want to do that I think we have to have a very strong communication piece on what's in this application press release a statement copy of the application um like I said we're missing opportunities uh to build consensus and engage the community there's segments of the community that feel that something's a foot and there's just no need for that so there's no need for that at all so let's just be totally transparent get it all out there put it out in the open have a very clear statement again my preference is to bring people in cuz I'm I'm trying to from my point of view my my goal is to build public interest build public awareness gain Community Support gain Community interest this is a dialogue that we need to be engaged in we can't be running from it which is what we're doing we're we're sort of avoiding it and that's that's a mistake it's a mistake in every big project that I've ever worked on so um we have to be really careful about it so if we're not going to meet and get the public to be aware of what's going going on then I would recommend strongly that there be a very strong Communications piece a press release a statement some information on our website that we can push out in terms of why what this application is all about what it does and why it doesn't foreclose any options I would highly recommend that if we're not going to take this other and why we didn't take the and why we had to do it as quickly as we had to do it in order to make the deadline we to meet deadlines to make sure we got in under the wire right but I think and I agree with with that I mean I I I'm really kind of caught on this one I mean you're looking at time ticking away I mean I don't want to follow it up either I mean I don't want to wait and then find that we're not going to make the deadline because something wasn't correct in the application I could go along with the idea of doing a really strong um communication going out now about what is in the application how it's going out and I think making it clear that there will be a new committee that will work on this one I I had feelings when we had our presentation from the original committee um that they kind of came in with their own foregone conclusion about what was going to happen and I I would and I know that there are other people out there that felt the same way I did and I think that it would be better to say let's clean the Slate let's start with a new committee looking at it from this point on and um let's give people an ample opportunity to be involved and it can't be just a sign you put up at the library you know by the desk to tell people that this is what's going to be happening or going out to newsletter I think we have to look again to our Communications piece and what we can do to really get the word out and I would start working on it right away I mean you know like okay we're putting this out because we have to put this out but at the same point here's all this information and let's get you know we want to engage you and have you be part of it I'd like to just say that we could even go further and put it on you know a regular agenda item right right and and bring it on I was very disappointed in this current town meeting I mean um and in fact at one point I heard in the audience when it came time for the schools presentation of their article and they said we have no presentation I could hear the visible from the audience I mean I think we need to encourage next year the the fact that what town meeting is there for is to be the point where you can explain all these things so that nobody's walking away feeling um that they don't understand what's going on they might not agree with it but at least they they have all the facts going forward and then we'll have to go with what the majority wants to do but that would be my recommendation then if we we couldn't have a spe you know I can see trying to put a meeting and we've got an election on Tuesday next week and we're kind of pinned in a corner I you know just because maybe because of the nature of the work that I do I get very skittish when I get close to deadlines you know it's yeah I mean uh this close to the deadline you're not changing a lot a lot of the narrative is just narrative about the studies we've done and all the things that are already been in the public domain and the key to this funding program is it will give you all the answers that you want to deliver at the public meeting but you can't get them until you do the study so it's sort of a catch 22 in terms of uh we want to explain to everybody what the Grant application is about but the reality is is once you do the study you'll figure out what the library is about as you move with the public so unless you have the funding there's not a lot of answers I mean uh there is a financial you know uh number that they give back to us they basically say based on this type of community this is what you're going to get as a percentage of your total award and then as you move forward if your square feet goes up or down or the cost per square feet goes up and down all that changes so it's what you submit to the state is is something speculative to the extent that you're saying we've got a viable project now we just have to design it within the context of a public process but we're not saying this is what we're going to definiely do because you haven't done the analysis yet so that's a difficulty in having a meeting about something to direct a Grant application that is supposed to decide what you're going to do in the future uh when we did the m Works application we looked at multiple Economic Development opportunities in the corridor and those actually have since changed so we need to go back to the state and say here are some other opportunities that would leverage the funding and you know we'll be in a good position but they weren't the original ones that went in the application because those went in a different direction so I think that what was said at our meeting in terms of that there was a schedule and everything else is similar to what's said in this memo and and by the virtue of the memo you can see the amount of time we have to really work through a lot of details you have any recommendations on this PO yeah I honestly think that um it would be great um you know we put the um we frankly thought that it was approved at town meeting to do the application and that the board's uh Direction was to ensure that we kept alive the um and it was clear that we wanted the opportunity to study the Redevelopment that we weren't taking the the idea that that was somehow a negative or or a secondary and um so I I I push to have this at least listed on the agenda so that we could acknowledge it publicly that this is the first step it's the it's it's going in it you know originally wasn't even going to be on the agenda so I I would honestly think that um we need to get the application in that they're going to have it for the next six months and and I would say we could put on the next agenda at least a some more discussion of the application what it does and then work through that process to do the press release and and you know and start building the anticipation toward it um again there's going to be several months before we even hear back from the library Commissioners in Boston so I I think that that's a good time to start getting the communications up and get people involved and um so I I I think we've got plenty of time to work on that and make a push for putting together a new committee absolutely yes to review it yes starting from Ground Zero [Applause] yeah everybody good with that I I'm not good with it but I'm I'm not going to make a stink about it I just think we need to take seriously public engagement public involvement in keeping the public informed I I don't disagree with the substance I agree with that I do um yeah and I'm just worried about we get caught up with some kind of a snag with that application process have missed the deadline that's my No I understand I I disagree I'm not worried about missing a deadline I think I think we're very capable of getting our act together in time but it's late Mr chairman we don't want to keep beating this this this topic I think the burden is on the staff to put together some very strong Communications about what we're doing that's where we stand and then we'll have an opportunity to meet yeah I I'm I'm with Dorcas I think we're we're missing the opportunity to engage the public anybody I do think we need to get that on as an agenda item soon if we're not going to be making it in May then I'd like to see it in June on June 4 June 4 would be great by the way the Bruins won two to one okay June 4th that's fine yep Bruins one good news Bruins one coming back to the garden thank God okay anybody have any individual items no I don't Mr chairman no Town Administrator updates okay I wanted to make sure everyone knows tomorrow morning we have our Regional emergency communications site visit tour at Old Colony and Duxbury and we're all going to meet at the police department at 8:50 8:50 p.m. and they I want to get on the road at 9:00 um and um anybody coming excellent awesome and um I'd like to I can't I've got a doctor's appointment that I can't and we'll schedule another one sure you know um absolutely this is the chief made it very clear 850 he was he was clear yeah spoke to him again today and I just wanted to let board members know I spent the day at a lovely place thurwood um place was the host for our fire department deputy chief assessment center and so um that process is ongoing we have five candidates all internal they're all worked very hard um very good competition and so we'll be following up getting the results of of that but I I sat um in on that and and I was impressed with the I think you should visit all of the assisted living retirement centers they we Yarmouth has got a very good collection of places here thurwood um hea heawood yeah M Hill mil Hill is an assisted living facility but we um Mayflower Heatherwood and thorwood actually have a component that's Independent Living Mayflower is now Maplewood that's true I'm sorry I stand corrected Maplewood it's beautiful facilities in this community and yeah I'm very familiar with with these ones and um you know other ones with you know um my my dad was a Atria resident and then a Bridges resident and so the whole Continuum um spent so much time in these facilities yeah I'm not I'm not joking either about visiting some of these facilities I honestly think to bought a Selman meetings from them yeah I us we had at Heatherwood on on more than one occasion we had the board of Selectmen meet there and you could you could fill up gave them dinner before too so um quickly I I wanted to um make sure that everyone knows write this date down on Thursday May 30 at 6 PM this town hall hearing room we're going to have a Route 6A stakeholders meeting and I and I think you know they've had several since we met last on this and we have them coming in to the board of Selectmen for an update but it'll be great to first get this feedback um they they really are honing in on um some Design Concepts that I I think will work out there and um you know we have to keep in mind with that much traffic on that road and all the different opinions there's not going to be 100% consensus but I I think it's really going to be incumbent on us to start putting some pressure out there to um make progress and and and get this wrapped up so that when we do that water project that we've got Mass do that we're all pushing on making sure these streetscape improvements get done and so um um very anxious to have another meeting with all of the neighbors and stakeholders and hopefully have the board involved in that process and then to bring them back here in front of the board next step and this summer wrap this up so once again that's 6: PM 6 p.m Town Hall hearing room right here and it it is going to be a remote 30th um May 30th so it's going to be hybrid in person and remote or just remote well it's just hybrid so hyd in person but people will be able to participate that's what I'm checking just want to be clear so I I also want to make sure I I've been um sending around a lot of information on the U the pasas class action um lawsuits and um the material has has indicated that um they've resolved the appeals on the uh 3M settlement which um the right now the 3M settlement and the DuPont settlement have been finalized and and that 3M settlement is a 12.5 billion class action lawsuit and there's another 1.8 billion that's in place um from the DuPont settlement and there's a third settlement that has just is not final but um it is just the amount with Tao chemguard was set at 750 million so um there's three major settlements and but that 3m1 is is the big one and the town's final application goes in in June along with the 15,000 other potential applicants for those funds um and then the amount that we get is determined by how many people um factor in as well as what our Fair share is based on the data and the one thing I that I just want to say I I hope the Attorney General isn't going to be negotiating the uh been so frustrated since you know the opioid settlement um you know those num were cast in stone by the AG's office back in the uh you know a few years ago and and you know they refused to change them in in the the town of Yarmouth you know got completely ripped off on that settlement but but I want to say working with our special counsel Baron and Bud um they have been working extremely hard and our team working with Lori um I am completely um convinced that that we're going to be getting our our fair share of this money I appreciate that so at at any rate make no mistake about it we don't know what the exact amount is going to be but we've got our data is in um at a level of detail that I don't think anyone's going to beat every single water supply all of the testing we'll be lucky if we get one I mean we'll be lucky if we get really anything that's of significance there's so many different parties seeking cont seeking money it's going to be tough it's going to be probably worse than the opioid settl cost of remediation is quite High through the roof well it's it's not going to pay for all of our efforts but you know it'll it'll probably be over a million can't hurt all right you heard that tonight right you heard that tonight remember that remember that Mr chairman over a million there you go I think I think performance evaluation and Merit pay should be based on condition if I'm seeing the check we'll take that into consideration we'll put that put that down so ordered all right what else you get Bob did we move the consent agenda I don't think we did do we not yet okay then I'm I'm set I'm done second we have motion to adjourn the second all those in favor no no no we're going to move the consent agenda consent agenda sorry yeah we someone to move the consent agenda y okay Dan's moving to consent second second is second work second all those in favor say I I passes by vote 401 member absent motion to adjourn some motion second all in favor I we're jour