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Barnstable Town Council · 2021–2023 Council · Regular meeting

December 16, 2021

14 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF)

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Attendance

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

Absent: Jennifer Cullum

Every vote, in order

To accept the minutes of December 2, 2021 as presented.

Minutes, page 4

ProceduralPassed · Unanimous, 12 present

To accept the minutes of December 2, 2021 as presented.

From the minutes

“Upon a motion duly made and seconded it was to accept the minutes of December 2, 2021 as presented. VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber. COMMUNICATIONS- from elected officials, boards, committees, and staff commission reports, correspondence and announcements:.”

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

2022-044 2022-044 Appropriation And Loan Order In The Amount Of $2,750,000 For The Purpose Of Funding Design And Permitting Of The Vineyard Wind 2 Route Sewer Expansion Project

Minutes, page 5

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the sum of $2,750,000 be appropriated for the purpose of funding the Vineyard Wind 2 Route Sewer Expansion 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 $2,750,000 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 Town therefore; and that in accordance with M.G.L. c. 44, §20, any premium received by the Town upon the sale of any bonds or notes authorized by this order, less any such premium applied to the payment of the costs of issuance of such bonds and notes, may be applied to pay such project costs, thereby reducing the amount authorized to be borrowed by this order by a like amount; and that the Town Manager is authorized to contract for and expen

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the sum of $2,750,000 be appropriated for the purpose of funding the Vineyard Wind 2 Route Sewer Expansion 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 $2,750,000 under and pursuant to M.G.L. c. 44, §§7 or 8, or pursuant to any … VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-045 2022-045 Appropriation And Loan Order In The Amount Of $3,500,000 For The Purpose Of Funding Design And Permitting Of The Route 28 West Sewer Expansion Project

Minutes, page 6

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the sum of $3,500,000 be appropriated for the purpose of funding the Route 28 West Sewer Expansion 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 $3,500,000 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 Town therefor; and that in accordance with M.G.L. c. 44, §20, any premium received by the Town upon the sale of any bonds or notes authorized by this order, less any such premium applied to the payment of the costs of issuance of such bonds and notes, may be applied to pay such project costs, thereby reducing the amount authorized to be borrowed by this order by a like amount; and that the Town Manager is authorized to contract for and expend the app

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the sum of $3,500,000 be appropriated for the purpose of funding the Route 28 West Sewer Expansion 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 $3,500,000 under and pursuant to M.G.L. c. 44, §§7 or 8, or pursuant to any other … VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-050 2022-050 Supplemental Appropriation Order In The Amount Of $8,490 For The Heavy Duty Truck Scale Replacement Project At The Solid Waste Division Of The Department Of Public Works

Minutes, page 6

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the amount of $8,490 be appropriated and added to the $100,000 appropriated under Town Council Order 2020-125 for a revised appropriation amount of $108,490 for the purpose of funding the Heavy Duty Truck Scale Replacement Project at the Solid Waste Division; and that $8,490 be transferred from the Solid Waste Enterprise Fund reserves to fund this appropriation.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $8,490 be appropriated and added to the $100,000 appropriated under Town Council Order 2020-125 for a revised appropriation amount of $108,490 for the purpose of funding the Heavy Duty Truck Scale Replacement Project at the Solid Waste Division; and that $8,490 be transferred from the Solid Waste Enterprise Fund reserves to fund this appropriation. VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-052 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 7

Adopt orderPassed · Unanimous, 12 present

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 Town therefor; and that in accordance with M.G.L. c. 44, §20, any premium received by the Town upon the sale of any bonds or notes authorized by this order, less any such premium applied to the paymen

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: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

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

2022-053 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 7

Adopt orderPassed · Unanimous, 12 present

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: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-056 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 7

Adopt orderPassed · Unanimous, 12 present

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: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-059 To a second reading on1/6/2022: 2022-059 Order To Approve Term Of Contract For Barnstable Public Schools Food Service Management Contract

Minutes, page 8

ProceduralPassed · Unanimous, 12 present

To a second reading on1/6/2022 (2022-059: ORDERED: That the Town Council, under the provisions of M.G.L. c. 30B, § 12 (b), does hereby authorize the School Committee to enter into a one (1) year contract with up to four (4) one year extensions for the management of the Barnstable Public Schools Food Service program.)

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Town Council, under the provisions of M.G.L. c. 30B, § 12 (b), does hereby authorize the School Committee to enter into a one (1) year contract with up to four (4) one year extensions for the management of the Barnstable Public Schools Food Service program. VOTE: To a Second Reading on1/6/2022 PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-060 2022-060 Authorization To Expend A Federal Fiscal Year 2021 Emergency Management Performance Grant In The Amount Of $20,150 From The Massachusetts Emergency Management Agency

Minutes, page 8

ApprovePassed · Unanimous, 12 present

RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for a Federal Fiscal Year 2021 Emergency Management Performance Grant in the amount of $20,150 from the Massachusetts Emergency Management Agency for the purpose of funding costs associated with purchasing and set-up of a Town of Barnstable AM radio transmitter to be located at the Town transfer station, and further authorizes the Town Manager or his designee to expend such grant for the purpose stated herein.

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 a Federal Fiscal Year 2021 Emergency Management Performance Grant in the amount of $20,150 from the Massachusetts Emergency Management Agency for the purpose of funding costs associated with purchasing and set-up of a Town of Barnstable AM radio transmitter to be located at the Town transfer station, and … VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-062 2022-062 Authorization To Expend A Fiscal Year 2022 Technical Assistance Grant From The Commonwealth Of Massachusetts, Department Of Environmental Protection Bureau Of Waste Site Cleanup In The Amount Of $15,0

Minutes, page 9

ApprovePassed · Unanimous, 12 present

RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for a Fiscal Year 2022 Technical Assistance Grant from the Commonwealth of Massachusetts, Department of Environmental Protection Bureau of Waste Site Cleanup in the amount of $15,000 for hiring technical services for technical review and public engagement of disposal site cleanup response actions associated with the Barnstable Fire Training Academy disposal site, and further authorizes the Town Manager or his designee to expend the grant funds for the purpose stated herein.

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 a Fiscal Year 2022 Technical Assistance Grant from the Commonwealth of Massachusetts, Department of Environmental Protection Bureau of Waste Site Cleanup in the amount of $15,000 for hiring technical services for technical review and public engagement of disposal site cleanup response actions associated … VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2022-063 To a second reading on1/6/2022: 2022-063 Authorizing The Town Manager To Execute A Regulatory Agreement Between The Town Of Barnstable And Lyon Investment Realty Trust For 80 Pearl Street, Hyannis

Minutes, page 15

ProceduralPassed · Unanimous, 12 present

To a second reading on1/6/2022 (2022-063: ORDERED: That the Town Council hereby authorizes the Town Manager pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable (the “Code”), to enter into and execute a Regulatory Agreement between the Town of Barnstable and Lyon Investment Realty Trust, for the property at 80 Pearl Street, Hyannis, 0.94± acres, shown on Town of Barnstable Assessor's Map 326 as Parcel 008, and whose boundaries are shown on Land Court Plan 25652-A (“the Property”); and further authorizing the renovation and reuse of the Property and granting the requested zoning relief pursuant to and as described in this Regulatory Agreement. REGULATORY AGREEMENT LYON INVESTMENT REALTY TRUST 80 PEARL S)

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Town Council hereby authorizes the Town Manager pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable (the “Code”), to enter into and execute a Regulatory Agreement between the Town of Barnstable and Lyon Investment Realty Trust, for the property at 80 Pearl Street, Hyannis, 0.94± acres, shown on Town of Barnstable Assessor's Map 326 as Parcel … VOTE: To a Second Reading on1/6/2022-PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

Read it in the official minutes, page 15 (PDF)

2022-064 2022-064 Resolve Directing The Town Manager Or His Designee(s) To Prepare And Submit For The Town Council's Consideration A Proposed Ordinance Providing For The Town's Adoption Of The Stretch Energy Code

Minutes, page 17

ApproveFailed · 6–6

RESOLVED: That the Town Council does hereby direct the Town Manager or his designee(s) to prepare and submit for the Town Council's consideration a proposed ordinance providing for the Town's adoption of the Board of Building Regulations and Standards Stretch Energy Code, codified at 780 CMR 115.AA, an appendix to the Massachusetts State Building Code.

Yes: Bogan, Clark, Grassetti, Hebert, Schnepp, StarrNo: Atsalis, Levesque, Mendes, Neary, Shaughnessy, Steinhilber

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby direct the Town Manager or his designee(s) to prepare and submit for the Town Council's consideration a proposed ordinance providing for the Town's adoption of the Board of Building Regulations and Standards Stretch Energy Code, codified at 780 CMR 115.AA, an appendix to the Massachusetts State Building Code. VOTE: FAILS 6 YES (Bogan, Clark, Rapp Grassetti, Hebert, Schnepp, Starr) 6 NO (Atsalis, Levesque, Mendes, Neary, Shaughnessy, Steinhilber).” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 17 (PDF)

2022-065 2022-065 Adoption Of The 2020 Town Of Barnstable Precinct Map, Which Map Supersedes And Replaces The Map Previously Approved On October 7, 2021

Minutes, page 17

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the Town Council hereby approves the 2020 Re-precincting Map prepared for the Town of Barnstable through the courtesy of William F. Galvin, Secretary of the Commonwealth and Census Liaison, as presented to the Town Council at this meeting, which Map supersedes and replaces the Re-precincting Map previously approved by the Town Council on October 7, 2021; and requests that the Town Clerk forward said map, a physical boundary description of each precinct, population figures for each precinct, a list of census block numbers for each precinct, and a certified copy of this vote to the Local Election Districts Review Commission for approval.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Town Council hereby approves the 2020 Re-precincting Map prepared for the Town of Barnstable through the courtesy of William F. Galvin, Secretary of the Commonwealth and Census Liaison, as presented to the Town Council at this meeting, which Map supersedes and replaces the Re-precincting Map previously approved by the Town Council on October 7, 2021; and requests that the … VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

Read it in the official minutes, page 17 (PDF)

TO ADJOURN:

Minutes, page 17

ProceduralPassed · Unanimous, 12 present

VOTED TO ADJOURN:

From the minutes

“Upon a motion duly made and seconded it was VOTED TO ADJOURN: VOTE: PASSES 12 YES Roll Call: Atsalis, Bogan, Clark, Rapp Grassetti, Hebert, Mendes, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber. Adjourned at 11:10 PM Respectfully submitted, Town Clerk/Town of Barnstable.”

Read it in the official minutes, page 17 (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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