Split Select Board Decision Refers Contentious Civil Liberties Resolution for Legal Review
Key Points
- Select Board split 3-2 to refer a contentious "Values Resolution" to Town Counsel after residents voiced starkly opposing views on immigration and civil liberties.
- A $200,000 Mass Development grant was accepted to begin redevelopment feasibility studies for the Mattakeese school site, targeting recreational and housing uses.
- The board authorized $50,500 in town funding for a 2026 Revolutionary War celebration and finalized plans for a $235,000 cemetery monument.
- Town Administrator Robert Whritenour warned that rising regional education and busing costs are currently outpacing town revenue growth for the upcoming budget cycle.
- First responders and DPW employees received official citations for life-saving efforts during the November 18 trench collapse and a high-heat house fire rescue.
A deeply divided Yarmouth Select Board opted to seek legal counsel this week after residents and board members deadlocked over a proposed "Values Resolution" affirming the town’s commitment to civil liberties and immigrant protection. The proposal, which supporters characterized as a statement of compassion and opponents labeled a "Trojan horse" for sanctuary community status, triggered a marathon public comment session that highlighted sharp community fractures. Resident Susan Gregory Davis urged adoption to reassure those living in fear, stating many neighbors live in fear of being detained for their skin color.
Conversely, Cheryl Ball of West Yarmouth expressed concerns over the economic impact of mass migration and public safety, calling the resolution an ideological maneuver.
The deliberation within the board was equally strained. Member Dorcas McGurrin voiced opposition to the measure, stating The head really needs to be more practical... I don't think it's in the best interest of Yarmouth to go forward with a resolution.
Chair Tracy Post echoed this sentiment, arguing the board should focus on local management rather than symbolic gestures. I find this to be completely a distraction to what we should be doing here,
Post noted. I have never been told of anybody in Yarmouth being treated poorly about something that we can actually control.
Members Joyce Flynn and Liz Argo supported the measure, with Flynn describing the resolution as a practical statement of town values. Motion Made by J. Flynn to approve the resolution as presented. Motion Failed (2-3), with Post, McGurrin, and Forest in opposition. A counter-motion by McGurrin to outright reject the resolution also failed in a 2-3 split. To break the impasse, Member Mark Forest suggested a formal legal review. Motion Made by M. Forest to present the draft resolution to Town Counsel for legal review. Motion Passed (3-2), with Post and McGurrin dissenting.
The meeting also featured significant financial authorizations for town redevelopment and historical preservation. The board accepted a $200,000 Site Readiness Grant from Mass Development to fund feasibility and market analysis for the Mattakeese school site. Town Administrator Robert Whritenour explained the funding would explore a mix of recreational facilities and housing for the property. Motion Made by M. Forest to accept the Mass Development grant in the amount of $200,000. Motion Passed (5-0). Additionally, the board designated a June 2026 Revolutionary War "Declaration Day" celebration as an official town event, authorizing $50,500 to underwrite the festivities. This follows the securing of $235,000 for a new monument at the Ancient Cemetery. While supportive, Member Liz Argo urged careful coordination with the town calendar, noting there are many other events that weekend, including Taylor Bray Farm.
Motion Made by M. Forest to approve the funding request up to $50,500 to underwrite the cost. Motion Passed (5-0).
Concerns over regional partnerships and capital costs surfaced during a presentation by Dr. Hope Hanscom of the Cape Cod Collaborative. While the Collaborative saves member districts money through shared services, Hanscom noted, Collaboratives have no ability to raise funds for capital planning.
This prompted a critical discussion regarding the MacArthur building, where the Collaborative subleases space from Bridgewater State University (BSU). Chair Post expressed frustration that BSU maintains a $1-per-year lease despite essentially vacating its program, while the town faces mounting capital needs. Town Administrator Whritenour added a sobering note during his report, warning that rising education costs, particularly for Cape Tech enrollment and busing, are rising faster than revenues
as the town begins planning the FY27 budget.
The evening began with a somber recognition of local heroism following the November 18 trench collapse in South Yarmouth. The Fire Chief praised the coordinated efforts of DPW, police, and mutual aid partners, noting, The outcome wasn't perfect, but they did what they could and they did save some lives that day.
Specific citations were also awarded to Lieutenant Kevin Enright and Firefighter Robert Crosby Jr. for a daring August rescue in a burning home on Aster Way. In routine business, the board finalized a local business transition. Motion Made by J. Flynn to approve the transfer of the all-alcohol license from Daggett's Liquors Naven Patel manager to Kapishwara Corporation still doing business as Daggett's Liquors and Rakesh Patel the manager... including the license pledge and inventory. Motion Passed (5-0). Before the public session, the board met privately to address ongoing legal matters. Motion Made by L. Argo to go into executive session pursuant to Mass General Law Chapter 30A section 21 A3 to discuss strategy with respect to Revoli Construction Inc. versus the town of Yarmouth, Massachusetts and CDM Smith, Inc. Motion Passed (3-0).