← Barnstable Town Council

Barnstable Town Council · 2021–2023 Council · Regular meeting

December 2, 2021

14 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Nikolas Atsalis, David Bogan, Kristine Clark, Jennifer Cullum, Jessica Rapp Grassetti, Paul Hebert, Mathew Levesque, Jeffrey Mendes, Paul Neary, Paula Schnepp, Tracy Shaughnessy, Gordon Starr, Eric Steinhilber

Absent: None

During the meeting:

  • Paul Hebert arrived late (7:25)

Every vote, in order

To accept the minutes of November 18, 2021 as presented.

Minutes, page 3

ProceduralPassed · Unanimous, 13 present

To accept the minutes of November 18, 2021 as presented.

From the minutes

“Upon a motion duly made and seconded it was to accept the minutes of November 18, 2021 as presented. VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber. COMMUNICATIONS- from elected officials, boards, committees, and staff commission reports, correspondence and announcements: (Rapp Grassetti) Thursday Dec.”

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

2022-039 2022-039 Appropriation Order In The Amount Of $39,600 For The Purpose Of Funding Survey Work For Proposed Sidewalk Improvements On East Bay Road And Wianno Avenue In Osterville Village

Minutes, page 4

Adopt orderPassed · Unanimous, 13 present

ORDERED: That the amount of $39,600 be appropriated from the General Fund Reserves for the purpose of funding survey work for proposed sidewalk improvements on East Bay Road and Wianno Avenue in Osterville Village, including the payment of costs incidental or related thereto; and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $39,600 be appropriated from the General Fund Reserves for the purpose of funding survey work for proposed sidewalk improvements on East Bay Road and Wianno Avenue in Osterville Village, including the payment of costs incidental or related thereto; and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes. VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

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

2022-042 2022-042 Allocation Of Tax Levy Fiscal Year 2022 - Tax Factor

Minutes, page 4

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council hereby votes to classify the Town of Barnstable under M.G.L. c. 40, § 56, the Classification Act, at a Residential Factor of 1 (one) for the Fiscal Year 2022.

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby votes to classify the Town of Barnstable under M.G.L. c. 40, § 56, the Classification Act, at a Residential Factor of 1 (one) for the Fiscal Year 2022. VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

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

2022-043 2022-043 Allocation Of Tax Levy Fy22 - Residential Exemption

Minutes, page 5

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council hereby votes to adopt a Residential Exemption of twenty percent (20%) for fiscal year 2022.

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby votes to adopt a Residential Exemption of twenty percent (20%) for fiscal year 2022. VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

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

2022-051 2022-051 Appointment To A Board/committee/commission

Minutes, page 5

AppointPassed · 11–2

RESOLVED: That the Town Council appoint the following individual to a multiple-member Board/Committee/Commission: Infrastructure and Energy Committee: Kathryn Hautanen, as a regular member to a term expiring 06/2024

Yes: Atsalis, Bogan, Cullum, Grassetti, Hebert, Levesque, Mendes, Neary, Schnepp, Shaughnessy, SteinhilberNo: Clark, Starr

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council appoint the following individual to a multiple-member Board/Committee/Commission: Infrastructure and Energy Committee: Kathryn Hautanen, as a regular member to a term expiring 06/2024 VOTE: PASSES 11 YES, 2 NO (Starr, Clark) Roll Call: Atsalis, Bogan, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Steinhilber..”

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

2022-052 To a public hearing on 12-16-21: 2022-052 Supplemental Appropriation And Loan Order In The Amount Of $1,075,000 For The Purpose Of Funding The Construction Of Sewer Infrastructure To Be Installed As Part Of Massdot's Route 28 And Yarmouth Roa

Minutes, page 5

ProceduralPassed · Unanimous, 13 present

To a public hearing on 12-16-21 (2022-052: ORDERED: That the sum of $700,000 appropriated under Town Council order 2020-002 be increased by $1,075,000 for a total revised appropriation amount of $1,775,000 for the purpose of funding the construction of sewer infrastructure to be installed as part of the Massachusetts Department of Transportation (MassDOT) Route 28 and Yarmouth Road Intersection Improvement Project, including the payment of costs incidental or related thereto; and that to meet this appropriation, that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $1,775,000 under and pursuant to M.G.L. c. 44, §§7 or 8, or pursuant to any other enabling authority, and to issue bonds or notes of the )

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the sum of $700,000 appropriated under Town Council order 2020-002 be increased by $1,075,000 for a total revised appropriation amount of $1,775,000 for the purpose of funding the construction of sewer infrastructure to be installed as part of the Massachusetts Department of Transportation (MassDOT) Route 28 and Yarmouth Road Intersection Improvement Project, including the … VOTE: TO A PUBLIC HEARING ON 12-16-21-PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

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

2022-053 To a public hearing on 12-16-21: 2022-053 Supplemental Appropriation Order In The Amount Of $48,000 For The Purpose Of Paying Operating Expenses Of The Legal Department For The Services Of The Law Firm Of Anderson & Kreiger Which Is Serving A

Minutes, page 6

ProceduralPassed · Unanimous, 13 present

To a public hearing on 12-16-21 (2022-053: ORDERED: That the amount of $48,000 be appropriated for the purpose of paying operating expenses of the Legal Department for the services of the law firm of Anderson & Kreiger, which is serving as outside counsel to the Town with respect to two lawsuits filed against the Town by the Conservation Law Foundation; and that to fund the appropriation, that $48,000 be transferred from the General Fund surplus.)

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $48,000 be appropriated for the purpose of paying operating expenses of the Legal Department for the services of the law firm of Anderson & Kreiger, which is serving as outside counsel to the Town with respect to two lawsuits filed against the Town by the Conservation Law Foundation; and that to fund the appropriation, that $48,000 be transferred from the General Fund surplus. VOTE: TO A PUBLIC HEARING ON 12-16-21-PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-054 2022-054 Resolve Approving The Town Of Barnstable Complete Streets Policy For Submission To The Massachusetts Department Of Transportation For Participation In The Complete Streets Funding Program

Minutes, page 6

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council hereby approves the Town of Barnstable Complete Streets Policy, as presented to the Town Council at this meeting.

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby approves the Town of Barnstable Complete Streets Policy, as presented to the Town Council at this meeting. VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-055 2022-055 Approving The Conservation Restriction On Land Located At 0 Beech Leaf Island Road, 0 Bay Lane, 0 Thornberry Road And 0 South Main Street Between Barnstable Land Trust (grantor) And The Compact Of Cap

Minutes, page 7

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby approve and authorize the Town Manager to sign and approve on behalf of the Town of Barnstable the Conservation Restriction between Barnstable Land Trust (BLT) (grantor), and The Compact of Cape Cod Conservation Trusts, Inc. (grantee), over approximately 21.76 acres of vacant land in Centerville on: Map 187, Parcel 079, Lot 002 (0 Beech Leaf Island Road), currently owned by Beech Leaf Island, Inc. (c/o Sylvia & Sylvia); Map 187, Parcel 080, Lot 002 (0 Beech Leaf Island Road) currently owned by Sylvia & Sylvia Assoc., Inc.; Map 186, Parcel 092, Lot 0 (0 Beech Leaf Island Road), currently owned by School Street Realty Nom. Tr. (c/o Sylvia & Sylvia); Map 186, Parcel 086, Lot 0 (0 Bay Lane), currently owned by Sylvia & Sylvia; Map 186, Parcel 088, Lot 002 (0 Thornberry Road), currently owned by Beech Leaf Island, Inc., (c/o Sylvia & Sylvia); Map 18

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby approve and authorize the Town Manager to sign and approve on behalf of the Town of Barnstable the Conservation Restriction between Barnstable Land Trust (BLT) (grantor), and The Compact of Cape Cod Conservation Trusts, Inc. (grantee), over approximately 21.76 acres of vacant land in Centerville on: Map 187, Parcel 079, Lot 002 (0 Beech Leaf Island … VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-056 Vote: to a public hearing on 12-16-21: 2022-056 Supplemental Appropriation Order In The Amount Of $350,000 For The Purpose Of Funding The Fiscal Year 2022 Department Of Public Work's Fiscal Year 2022 Operating Capital Budget

Minutes, page 8

ProceduralPassed · Unanimous, 13 present

To vote: to a public hearing on 12-16-21 (2022-056: ORDERED: That the amount of $350,000 be appropriated for the purpose of funding the Fiscal Year 2022 Department of Public Work's Fiscal Year 2022 Operating Capital Budget and that to fund the appropriation, that $350,000 be transferred from the General Fund surplus.)

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $350,000 be appropriated for the purpose of funding the Fiscal Year 2022 Department of Public Work's Fiscal Year 2022 Operating Capital Budget and that to fund the appropriation, that $350,000 be transferred from the General Fund surplus. VOTE: VOTE: TO A PUBLIC HEARING ON 12-16-21-PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

Read it in the official minutes, page 8 (PDF)

2022-057 2022-057 Authorization To Expend A Grant In The Amount Of $11,700 From The Massachusetts Department Of Environmental Protection For The Purpose Of Enhancing The Reduction Of Waste And Increasing Recycling

Minutes, page 8

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a grant in the amount of $11,700 from the Massachusetts Department of Environmental Protection (“DEP”) for the purpose of enhancing the Town's waste reduction programs through the acquisition of recycling containers, recycling carts and recycling bins, waste reduction and/or recycling outreach and education materials, and to pay other related expenses authorized in the Town's Recycling Dividends Program contract.

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a grant in the amount of $11,700 from the Massachusetts Department of Environmental Protection (“DEP”) for the purpose of enhancing the Town's waste reduction programs through the acquisition of recycling containers, recycling carts and recycling bins, waste reduction and/or recycling outreach … VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber 2022-058 A RESOLUTION THAT THE TOWN COUNCIL PETITION THE COUNTY COMMISSIONERS OF BARNSTABLE COUNTY TO FORMALLY DISCONTINUE THREE SECTIONS OF COUNTY HIGHWAY, NAMELY THREE PORTIONS OF PHINNEY'S LANE WHICH, COMBINED, EXTEND FROM WEQUAQUET LANE TO MASSACHUSETTS ROUTE 28, A/K/A.”

Read it in the official minutes, page 8 (PDF)

Pursuant to General Laws Chapter 82, Section 5, the Town Council petition the County Commissioners of Barnstable County to formally discontinue three sections o

Minutes, page 9

ProceduralPassed · Unanimous, 13 present

RESOLVED: That pursuant to General Laws Chapter 82, Section 5, the Town Council petition the County Commissioners of Barnstable County to formally discontinue three sections of County Highway, namely those three portions of Phinney's Lane from Wequaquet Lane to Massachusetts Route 28, a/k/a Falmouth Road, as described in three (3) Orders of Taking by the Barnstable County Commissioners, as follows: The first, from the intersection of Wequaquet Lane to Great Marsh Road, being recorded in the Barnstable County Registry of Deeds in Book 476, Page 38, dated July 22, 1930, also shown on a Plan of Land recorded in said Registry in Plan Book 41, Page 109 F1; The second, from, the intersection of Great Marsh Road to the limit of the third segment of roadway referenced below approximately 120+/- feet northerly of the sideline of Massachusetts Route 28, a/k/a Falmouth Road, dated December 13, 1932

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That pursuant to General Laws Chapter 82, Section 5, the Town Council petition the County Commissioners of Barnstable County to formally discontinue three sections of County Highway, namely those three portions of Phinney's Lane from Wequaquet Lane to Massachusetts Route 28, a/k/a Falmouth Road, as described in three (3) Orders of Taking by the Barnstable County Commissioners, as … VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber. EXECUTIVE SESSION.”

Read it in the official minutes, page 9 (PDF)

Go into executive session as follows: The Town Council will enter executive session pursuant to G.L. c. 30A, sec. 21(a) (3) to discuss strategy with respect to

Minutes, page 9

ProceduralPassed · Unanimous, 13 present

Go into executive session as follows: The Town Council will enter executive session pursuant to G.L. c. 30A, sec. 21(a) (3) to discuss strategy with respect to litigation since a discussion in open session may have a detrimental effect on the litigating position of the Town and Town Council. Specifically, the Council will discuss two lawsuits filed against the Town by the Conservation Law Foundation regarding claims under the Clean Water Act and Title 5 of the Massachusetts Environmental Code, respectively .

From the minutes

“Upon a motion duly made and seconded it was go into executive session as follows: The Town Council will enter executive session pursuant to G.L. c. 30A, sec. 21(a) (3) to discuss strategy with respect to litigation since a discussion in open session may have a detrimental effect on the litigating position of the Town and Town Council. Specifically, the Council will discuss two lawsuits filed against the Town by the Conservation Law … VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber Return to Public Session 10:42.”

Read it in the official minutes, page 9 (PDF)

TO ADJOURN:

Minutes, page 10

ProceduralPassed · Unanimous, 13 present

VOTED TO ADJOURN:

From the minutes

“Upon a motion duly made and seconded it was VOTED TO ADJOURN: VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber. Adjourned at 11:00 PM Respectfully submitted, Town Clerk/Town of Barnstable.”

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

From the Barnstable Town Council’s official minutes, posted on the town’s website. We check every roll call against the recorded count and quote the exact wording. MassVoter never grades officials; votes and attendance are shown exactly as the minutes record them. Member photos: Cape Cod Times (Charles Bloom, Kristine Clark, John Crow, Felicia Penn, Barry Sheingold, Gordon Starr, Craig Tamash); the members’ own websites (William Crocker, Thomas Keane, Betty Ludtke); Seth Burdick from the Cotuit-Santuit Civic Association. Matthew Levesque from his Commercial Realty Advisors bio. Lisa DaLuz from Barnstable Government Access video of the October 1, 2026 Town Council meeting (identified by the nameplate in front of each member).

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