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Barnstable Town Council · 2021–2023 Council · Regular meeting

July 20, 2023

27 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF)

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Attendance

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

Absent: None

Every vote, in order

To accept the minutes of June 15, 2023 as presented.

Minutes, page 4

ProceduralPassed · 9–0

To accept the minutes of June 15, 2023 as presented.

The minutes record 9 yes, 0 no, 4 abstaining, but do not name every member’s vote, so individual votes are not shown.

From the minutes

“Upon a motion duly made and seconded it was to accept the minutes of June 15, 2023 as presented. VOTE: Passes 9 YES, 4 Abstentions (Cusack, Ludtke, Rapp Grassetti, Neary) COMMUNICATIONS from elected officials, boards committees, and staff, commission reports,.”

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

2023-203 2023-203 Amending The Code Of The Town Of Barnstable, Part I, General Ordinances, Chapter 168, Section 168-5, To Conform To Chapter D Of The Code Of The Cape Cod Commission Regulations Of General Application (as amended)

Minutes, page 5

ApprovePassed · 8–0

To amend Agenda Item 2023-203 as follows: By adding the following sentence at the end of Section 1: “If there is filed with the Town Clerk a written protest against the zoning relief sought by a regulatory agreement, which is received at least four (4) business days prior to the opening of the public hearing by Town Council, and which states the reasons and is duly signed by owners of fifty percent (50%) or more of the area of the land proposed to be afforded such zoning relief or of the area of land immediately adjacent extending 300 feet therefrom, the vote of the Town Council to recommend execution of the regulatory agreement shall be a two-thirds vote of all members.” And By adding the following sentence at the end of Section 2: “If there is filed with the Town Clerk a written protest against the zoning relief sought by a regulatory agreement, which is received at least four (4) busi

The minutes record 8 yes, 0 no, but do not name every member’s vote, so individual votes are not shown.

From the minutes

“A motion was made and duly seconded to amend Agenda Item 2023-203 as follows: By adding the following sentence at the end of Section 1: “If there is filed with the Town Clerk a written protest against the zoning relief sought by a regulatory agreement, which is received at least four (4) business days prior to the opening of the public hearing by Town Council, and which states the reasons and is duly signed by owners of fifty percent … VOTE: As Amended Passes 8 yes, 5 no (Clark, Rapp Grassetti, Starr, Mendes, Atsalis) Councilor questions and comments:.”

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

To withdraw: To withdraw A motion was made to withdraw this item and was duly seconded

Minutes, page 7

ProceduralPassed · 7–6

To withdraw (to withdraw A motion was made to withdraw this item and was duly seconded)

Yes: Clark, Cullum, Grassetti, Ludtke, Neary, Shaughnessy, StarrNo: Atsalis, Cusack, Levesque, Mendes, Schnepp, Steinhilber

From the minutes

“made a motion to withdraw A motion was made to withdraw this item and was duly seconded VOTE: To Withdraw- PASSES 7 YES (Clark, Cullum, Rapp Grassetti, Ludtke, Neary, Shaughnessy, Starr) and 6 NO (Atsalis, Cusack, Levesque, Mendes, Schnepp, Steinhilber) Recess for 5 minutes.” The minutes name who voted no but give no count; the count shown is from those names.

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

To withdraw the amended item: The Code of the Town of Barnstable, Part I, General Ordinances, Chapter 168 Regulatory Agreements be amended as follows: SECTION 1. By amending Section 168-5(C)

Minutes, page 8

ProceduralPassed · 7–6

To withdraw the amended item (ORDERED: That the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 168 Regulatory Agreements be amended as follows: SECTION 1. By amending Section 168-5(C) by deleting the last sentence thereof and replacing it with the following sentence: When a waiver from zoning is allowed under a regulatory agreement, there shall be a vote of the Town Council recommending execution of the regulatory agreement by the same quantum of vote as would be required by M.G.L. Chapter 40A, Section 5 to amend the Zoning Ordinance of the Town to allow the development contemplated by such regulatory agreement. Prior to the Town Council taking such vote, the Planning Board, in consultation with the )

Yes: Clark, Cullum, Grassetti, Ludtke, Neary, Shaughnessy, StarrNo: Atsalis, Cusack, Levesque, Mendes, Schnepp, Steinhilber

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 168 Regulatory Agreements be amended as follows: SECTION 1. By amending Section 168-5(C) by deleting the last sentence thereof and replacing it with the following sentence: When a waiver from zoning is allowed under a regulatory agreement, there shall be a vote of the Town Council recommending execution of … VOTE: To WITHDRAW THE AMENDED ITEM- PASSES 7 YES (Clark, Cullum, Rapp Grassetti, Ludtke, Neary, Shaughnessy, Starr) and 6 NO (Atsalis, Cusack, Levesque, Mendes, Schnepp, Steinhilber) Recess to allow the room to clear 9:45 PM Councilor Mendes left the dais.” The minutes name who voted no but give no count; the count shown is from those names.

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

The Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-44.5 Land Acquisition and Preservation Committee, is hereby am

Minutes, page 9

AppointPassed · Unanimous, 13 present

ORDERED: That the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-44.5 Land Acquisition and Preservation Committee, is hereby amended as follows: SECTION 1. By changing the name of the “Land Acquisition and Preservation Committee” wherever it so appears to the “Open Space Committee”. SECTION 2. By deleting Section B in its entirety and inserting the following new Section B in its place: B. Authorities and responsibilities. 1. The Open Space Committee shall be responsible for keeping the Open Space and Recreation Plan and the open space section of the Local Comprehensive Plan updated and current. 2. The Open Space Committee shall review conservation restrictions and make recommendations for approval to the Town Council. 3. The Open Space Committee may recommend parcels of land available for purchase or protection (a) to the Community Preservat

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-44.5 Land Acquisition and Preservation Committee, is hereby amended as follows: SECTION 1. By changing the name of the “Land Acquisition and Preservation Committee” wherever it so appears to the “Open Space Committee”. SECTION 2. By deleting Section B in its entirety and inserting … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

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

The Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-38.A, is hereby amended by deleting “Hyannis Water Board” in t

Minutes, page 9

AppointPassed · Unanimous, 13 present

ORDERED: That the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-38.A, is hereby amended by deleting “Hyannis Water Board” in the Section heading and in Section A, respectively, and inserting “Barnstable Municipal Water Supply Board” in place thereof.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-38.A, is hereby amended by deleting “Hyannis Water Board” in the Section heading and in Section A, respectively, and inserting “Barnstable Municipal Water Supply Board” in place thereof. VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

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

The Code of the Town of Barnstable, Part I General Ordinances, Chapter 183 Senior Citizen and Veterans Property Tax Work-Off Abatement Programs, be amended to r

Minutes, page 10

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 183 Senior Citizen and Veterans Property Tax Work-Off Abatement Programs, be amended to remove the income limitations from the eligibility requirements as follows: SECTION 1. By amending Section 183-2(A) by striking out paragraph (c) and re-lettering the existing paragraph (d) as new paragraph (c). SECTION 2. By amending Section 183-2(B) by striking out paragraph (c) and re-lettering the existing paragraph (d) as new paragraph (c).

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 183 Senior Citizen and Veterans Property Tax Work-Off Abatement Programs, be amended to remove the income limitations from the eligibility requirements as follows: SECTION 1. By amending Section 183-2(A) by striking out paragraph (c) and re-lettering the existing paragraph (d) as new paragraph (c). SECTION 2. … VOTE: PASSES 12 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Rapp Grassetti, Levesque, Ludtke, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

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

2023-200 2023-200 Appropriation Order In The Amount Of $3,500,000 For Portable Classrooms At Barnstable Community Innovation School And Hyannis West Elementary School

Minutes, page 11

Adopt orderPassed · Unanimous, 13 present

ORDERED: That the amount of $3,500,000 be appropriated for the purpose of funding the acquisition, installation and other associated costs for portable classrooms at Barnstable Community Innovation School and Hyannis West Elementary School; and that to fund this appropriation, $3,500,000 be provided from the Capital Trust Fund.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $3,500,000 be appropriated for the purpose of funding the acquisition, installation and other associated costs for portable classrooms at Barnstable Community Innovation School and Hyannis West Elementary School; and that to fund this appropriation, $3,500,000 be provided from the Capital Trust Fund. VOTE: PASSES 13 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Rapp Grassetti, Levesque, Ludtke, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

Read it in the official minutes, page 11 (PDF)

2023-202 2023-202 Reappointments To A Board/committee/commission

Minutes, page 11

AppointPassed · Unanimous, 13 present

RESOLVED: That the Town Council reappoints the following individuals to a multiple-member Board/Committee/Commission: Comprehensive Financial Advisory Board: Wendy Soloman, as a regular member to a term expiring 06/30/2026; Land Acquisition and Preservation Committee: Elissa Crowley, as a regular member to a term expiring 06/30/2026; Douglas Payson, as a regular member to a term expiring 06/30/2026; Shellfish Committee: Patricia Farinha, as a member holding a family permit, to a term expiring 06/30/2026; Zoning Board of Appeals: Denise Thorne-Johnson, as an associate member, to a term expiring 06/2026; Mark Hansen, as a regular member to a term expiring 06/30/2026

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council reappoints the following individuals to a multiple-member Board/Committee/Commission: Comprehensive Financial Advisory Board: Wendy Soloman, as a regular member to a term expiring 06/30/2026; Land Acquisition and Preservation Committee: Elissa Crowley, as a regular member to a term expiring 06/30/2026; Douglas Payson, as a regular member to a term expiring … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 11 (PDF)

2023-204 2023-204 Order Authorizing The Town Manager To Negotiate And Execute A 99-year Lease With The Trustee Of The Parker Lombard Trust For The Building Known As The West Barnstable Train Station And The Land On Whi

Minutes, page 11

Adopt orderPassed · Unanimous, 13 present

ORDERED: That the Town Manager is hereby authorized to negotiate and execute on behalf of the Town a 99-year lease for the nominal rent of $1.00 per year with the Trustee of the Parker Lombard Trust for the building known as the West Barnstable Train Station and the land on which it is located, on such other additional terms and conditions as may be determined by the Town Manager, including, but not limited to, public access and use requirements, repair and maintenance obligations and insurance obligations, subject to approval as to form by the Town Attorney; provided that such lease shall be subject to the approval of the Barnstable County Probate Court.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Town Manager is hereby authorized to negotiate and execute on behalf of the Town a 99-year lease for the nominal rent of $1.00 per year with the Trustee of the Parker Lombard Trust for the building known as the West Barnstable Train Station and the land on which it is located, on such other additional terms and conditions as may be determined by the Town Manager, including, … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 11 (PDF)

2023-205 2023-205 Order Authorizing The Taking Of Road Easements By Eminent Domain For Sewer And Water Purposes Over Certain Private Roads In Centerville And Hyannis Known As Sunrise Road, Laura Road, Aurora Avenue, We

Minutes, page 12

Adopt orderPassed · Unanimous, 13 present

ORDERED: That the Town Council hereby authorizes the Town Manager to purchase, take by eminent domain under chapter 79 of the General Laws of Massachusetts, or otherwise acquire for sewer and water purposes a perpetual easement through, under, across, and on the following described roads for the installation, operation, maintenance, repair, relocation, and replacement of sewer and water lines and infrastructure for the same and for all purposes for which such easements are commonly used in the Town of Barnstable: SUNRISE ROAD, LAURA ROAD, AURORA AVENUE AND WEQUAQUET AVENUE, all as shown on Land Court Plan No. 35367A, Sheets 1 and 2; and GREGOIRE CIRCLE and a portion of MIDWAY DRIVE, all as shown on a plan filed in the Barnstable County Registry of Deeds in Plan Book 147, Page 73; and DACEY DRIVE, CRESTVIEW CIRCLE and REGATTA DRIVE, all as shown on Land Court Plan No. 36669C, Sheets 1 and

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Town Council hereby authorizes the Town Manager to purchase, take by eminent domain under chapter 79 of the General Laws of Massachusetts, or otherwise acquire for sewer and water purposes a perpetual easement through, under, across, and on the following described roads for the installation, operation, maintenance, repair, relocation, and replacement of sewer and water lines … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 12 (PDF)

2023-206 2023-206 Appropriation Order In The Amount Of $195,000 For The Purpose Of Acquiring By Purchase Or Eminent Domain A Five-year Temporary Construction Easement And A Permanent Easement For Shared Use Path, Sewer

Minutes, page 13

Adopt orderPassed · Unanimous, 13 present

ORDERED: The Town Council hereby authorizes the Town Manager to purchase, take by eminent domain under Chapter 79 of the General Laws of Massachusetts, or otherwise acquire both a five-year temporary construction easement and a separate permanent easement for shared use path, sewer and water purposes through, under, across, and on a certain parcel of land fronting on Bearse's Way, for the installation, operation, maintenance, repair, relocation, and replacement of sewer and water lines for the same and for all purposes for which such infrastructure is commonly used in the Town of Barnstable, Hyannis, MA, with an address of 1174 Pitcher's Way, Hyannis, MA, as more fully shown on Sheet 7 of a plan entitled “Windmill Square, LLC”, said plan being entitled, “Plan of Road in the Town of Barnstable, Massachusetts, Barnstable County, Showing Location of easements for the purpose of constructing

From the minutes

“Upon a motion duly made and seconded it was ORDERED: The Town Council hereby authorizes the Town Manager to purchase, take by eminent domain under Chapter 79 of the General Laws of Massachusetts, or otherwise acquire both a five-year temporary construction easement and a separate permanent easement for shared use path, sewer and water purposes through, under, across, and on a certain parcel of land fronting on Bearse's Way, for the … VOTE: PASSES 13 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Rapp Grassetti, Levesque, Ludtke, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”

Read it in the official minutes, page 13 (PDF)

2024-001 To a public hearing on 8-17-2023: 2024-001 Authorization To Reallocate The Remaining $36,714 Of Community Preservation Historic Preservation Funds Granted Under Appropriation Order 2022-035 For The Restoration Work At Sturgis Library To Be Use

Minutes, page 13

ProceduralPassed · Unanimous, 13 present

To a public hearing on 8-17-2023 (2024-001: RESOLVED: That the remaining portion in the amount of Thirty-Six Thousand Seven Hundred Fourteen Dollars ($36,714) in Community Preservation Historic Preservation Funds appropriated under Town Council Order 2022-035 for restoration work at Sturgis Library be reallocated for the replacement of the failing climate control system located at Sturgis Library, 3090 Main Street/Route 6A, Barnstable.)

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the remaining portion in the amount of Thirty-Six Thousand Seven Hundred Fourteen Dollars ($36,714) in Community Preservation Historic Preservation Funds appropriated under Town Council Order 2022-035 for restoration work at Sturgis Library be reallocated for the replacement of the failing climate control system located at Sturgis Library, 3090 Main Street/Route 6A, Barnstable. VOTE: TO A PUBLIC HEARING ON 8-17-2023-PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 13 (PDF)

2024-002 2024-002 Rescission Of Previously Authorized Loan Orders

Minutes, page 14

Adopt loan orderPassed · Unanimous, 13 present

ORDERED: That the unissued loan authorizations in the total amount of $12,829,386 of the following Loan Orders be rescinded as follows: Council Order Authorized Rescind 2013-100 Airport Lighting Regulators & Runway Signs $260,000 $123,050 2014-086 Permitting & Dsgn Runway 6-24 Reconst $400,000 $400,000 2016-081 School Roof Improvement $4,236,000 $886,000 2017-091 FAA Airport Layout Plan $700,000 $700,000 2017-093 Vegetation & Obstruction Removal Project $300,000 $300,000 2018-008 Runway Reconst & Generator Replacement $2,077,481 $1,000,000 2018-069 Comp. Airport Layout & Master Plan $300,000 $300,000 2018-070 Airport Snow Removal Eqp. Replacement $975,000 $975,000 2018-080 Pleasant Street Sewer Line Upgrade $350,000 $350,000 2018-074 Cotuit Bay Entrance Channel Dredging $1,000,000 $1,000,000 2019-104 Arpt. Aircraft Rescue & FF Bldg. Roof Repairs $490,000 $490,000 2019-105 Kodiak Snow Bl

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the unissued loan authorizations in the total amount of $12,829,386 of the following Loan Orders be rescinded as follows: Council Order Authorized Rescind 2013-100 Airport Lighting Regulators & Runway Signs $260,000 $123,050 2014-086 Permitting & Dsgn Runway 6-24 Reconst $400,000 $400,000 2016-081 School Roof Improvement $4,236,000 $886,000 2017-091 FAA Airport Layout Plan … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 14 (PDF)

2024-003 To a public hearing on 8-17-2023: 2024-003 Appropriation And Loan Order In The Amount Of $1,400,000 For The Purpose Of Funding Sewer Lateral Riser Construction

Minutes, page 14

ProceduralPassed · Unanimous, 13 present

To a public hearing on 8-17-2023 (2024-003: ORDERED: That the sum of $1,400,000 be appropriated for the purpose of funding sewer lateral riser construction, 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 $1,400,000 under and pursuant to M.G.L. c. 44, §§7 or 8, M.G.L. c. 29, 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 note)

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the sum of $1,400,000 be appropriated for the purpose of funding sewer lateral riser construction, 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 $1,400,000 under and pursuant to M.G.L. c. 44, §§7 or 8, M.G.L. c. 29, or pursuant to any other … VOTE: TO A PUBLIC HEARING ON 8-17-2023-PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 14 (PDF)

2024-004 2024-004 Appointments To A Board/committee/commission

Minutes, page 14

AppointPassed · Unanimous, 13 present

RESOLVED: That the Town Council appoints the following individuals to a multiple-member Board/Committee/Commission: Historical Commission: Robert Frazee, as a Regular Member to a term expiring 06/2026; Human Services Committee: Sheree Kay, as a regular member to a term expiring 06/2024

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council appoints the following individuals to a multiple-member Board/Committee/Commission: Historical Commission: Robert Frazee, as a Regular Member to a term expiring 06/2026; Human Services Committee: Sheree Kay, as a regular member to a term expiring 06/2024 VOTE: TO A 2ND READING ON 8-17-2023-PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 14 (PDF)

2024-005 2024-005 Reappointments To A Board/committee/commission

Minutes, page 15

AppointPassed · Unanimous, 13 present

RESOLVED: That the Town Council reappoints the following individuals to a multiple-member Board/Committee/Commission: Human Services Committee: Representative Steven Xiarhos as a regular member to a term expiring 06/2026; Hyannis Main Street Waterfront Historic District Commission: Kevin Matthews as an alternate member to a term expiring 06/2026; Waterways Committee: Paul Everson as a regular member to a term expiring 06/2026

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council reappoints the following individuals to a multiple-member Board/Committee/Commission: Human Services Committee: Representative Steven Xiarhos as a regular member to a term expiring 06/2026; Hyannis Main Street Waterfront Historic District Commission: Kevin Matthews as an alternate member to a term expiring 06/2026; Waterways Committee: Paul Everson as a regular member to a term expiring 06/2026 VOTE: TO A 2ND READING ON 8-17-2023-PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

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

2024-006 2024-006 Resolve Authorizing Sale Of Surplus Municipal Property At 259 Barnstable Road, As Shown On Assessors Map 310, Parcel 171, In Hyannis, Ma, To Bass River Properties Management Corp., Inc

Minutes, page 15

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council hereby authorizes the Town Manager and/or the Assistant Town Manager to dispose of all right, title and interest in the property located at 259 Barnstable Road, as shown on Assessors Map 310, Parcel 171, in Hyannis, Massachusetts, which has been declared surplus property, for the price of $220,000, being the highest bid received, to Bass River Properties Management Corp., Inc., and further authorizes the Town Manager and/or Assistant Town Manager to execute, deliver and record any and all documents necessary to effectuate the terms of this Resolve.

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby authorizes the Town Manager and/or the Assistant Town Manager to dispose of all right, title and interest in the property located at 259 Barnstable Road, as shown on Assessors Map 310, Parcel 171, in Hyannis, Massachusetts, which has been declared surplus property, for the price of $220,000, being the highest bid received, to Bass River Properties … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

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

2024-007 2024-007 Authorization To Expend A Fiscal Year 2024 Jail/arrest Diversion Program Component Grant In The Amount Of $103,236 From The Commonwealth Of Massachusetts, Department Of Mental Health

Minutes, page 15

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a Fiscal Year 2024 Jail/Arrest Diversion Program Component Grant from the Commonwealth of Massachusetts, Department of Mental Health in the amount of $103,236 for the purpose of funding costs to support police jail diversion programs, trainings, outreach, and stakeholder engagement.

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 Fiscal Year 2024 Jail/Arrest Diversion Program Component Grant from the Commonwealth of Massachusetts, Department of Mental Health in the amount of $103,236 for the purpose of funding costs to support police jail diversion programs, trainings, outreach, and stakeholder engagement. VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

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

2024-008 2024-008 Authorization To Expend A Fiscal Year 2024 Jail/arrest Diversion Program Co-responder Grant In The Amount Of $106,757 From The Commonwealth Of Massachusetts, Department Of Mental Health

Minutes, page 16

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a Fiscal Year 2024 Jail/Arrest Diversion Program Co-Responder Grant from the Commonwealth of Massachusetts, Department of Mental Health in the amount of $106,757 for the purpose of funding the costs of contracting for the services of a full-time licensed clinician as part of the Barnstable Police Department's Co-Response Jail Diversion Program.

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 Fiscal Year 2024 Jail/Arrest Diversion Program Co-Responder Grant from the Commonwealth of Massachusetts, Department of Mental Health in the amount of $106,757 for the purpose of funding the costs of contracting for the services of a full-time licensed clinician as part of the Barnstable Police … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 16 (PDF)

2024-009 2024-009 Authorization To Expend Massachusetts Department Of Transportation - Aeronautics Division Fiscal Year 2023 Grants For Airport Projects, Authorization To Sign The Related Grant Assurances And Delegatio

Minutes, page 16

ApprovePassed · Unanimous, 13 present

To go past 11 PM

From the minutes

“Upon a motion duly made and seconded to go past 11 PM VOTE: PASSES UNANIMOUS Councilor questions and comments: (Rapp Grassetti) can you give us the fund balance.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 16 (PDF)

The Town Council does hereby authorize the Barnstable Municipal Airport to expend the following grants and further authorizes the Town Manager to sign four (4)

Minutes, page 17

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby authorize the Barnstable Municipal Airport to expend the following grants and further authorizes the Town Manager to sign four (4) Massachusetts Department of Transportation Aeronautics Division Grant Assurances for such grants: Reconstruct Runway 6/24 in the amount of $936,205 Project Number: AIP No.3-25-0025-076-2022 Replace Runway 6/24 EMAS in the amount of $326,520 Project Number: AIP No. 3-25-0025-077-2022 Purchase Snow Removal Truck in the amount of $42,880 Project Number: ASIMP-2023-HYA-30 Environmental Assessment in the amount of $54,676.50 Project Number: AIP No. 3-25-0025-080-2023 AND IT IS FURTHER RESOLVED: That the Town Council does hereby delegate to the Town Manager the authority to execute future MassDOT Aeronautics Division Grant Assurances for grant awards to the Barnstable Municipal Airport, provided that the projects to which

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby authorize the Barnstable Municipal Airport to expend the following grants and further authorizes the Town Manager to sign four (4) Massachusetts Department of Transportation Aeronautics Division Grant Assurances for such grants: Reconstruct Runway 6/24 in the amount of $936,205 Project Number: AIP No.3-25-0025-076-2022 Replace Runway 6/24 EMAS in … VOTE: PASSES UNANIMOUS.” 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)

2024-010 To a public hearing on 8-17-2023: 2024-010 Appropriation And Loan Order In The Amount Of $75,000 For Temporary Repairs To Rosewood Lane In The Village Of Cotuit Pursuant To Temporary Repairs To Private Roads Program For Certain Private Ways

Minutes, page 17

ProceduralPassed · Unanimous, 13 present

To a public hearing on 8-17-2023 (2024-010: ORDERED: That the sum of $75,000 be appropriated for the purposes of making temporary repairs to Rosewood Lane, a private road in the village of Cotuit within the Town of Barnstable, and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, be authorized to borrow $75,000 under and pursuant to Chapter 174 of the Acts of 1994, as amended by Chapter 350 of the Acts of 2014, 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 premium applied to the payment of the cost)

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the sum of $75,000 be appropriated for the purposes of making temporary repairs to Rosewood Lane, a private road in the village of Cotuit within the Town of Barnstable, and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, be authorized to borrow $75,000 under and pursuant to Chapter 174 of the Acts of 1994, as amended by Chapter 350 of … VOTE: TO A PUBLIC HEARING ON 8-17-2023-PASSES UNANIMOUS.” 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)

2024-011 2024-011 Determination Under Section 19 Of G.l. C. 268a Regarding Participation In Decisions Relating To Potential Changes To Employee Benefits

Minutes, page 18

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby determine that the financial interest of Mark S. Ells in decisions regarding and relating to potential changes to the benefits afforded to the non-union employees of the Town, as described in Mr. Ells' disclosure form presented to the Town Council at this meeting in accordance with G.L. c. 268A, § 19, is not so substantial as to be deemed likely to affect the integrity of the services which the Town may expect from Mr. Ells, thereby authorizing Mr. Ells to participate as Town Manager in such decisions during the term of his employment with the Town; and further authorizes and directs the President of the Town Council to make such determination on Mr. Ells' disclosure form on behalf of the Town Council.

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby determine that the financial interest of Mark S. Ells in decisions regarding and relating to potential changes to the benefits afforded to the non-union employees of the Town, as described in Mr. Ells' disclosure form presented to the Town Council at this meeting in accordance with G.L. c. 268A, § 19, is not so substantial as to be deemed likely to … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 18 (PDF)

2024-014 2024-014 Authorization To Expend A Fiscal Year 2023 Grant From The United States Department Of Agriculture Natural Resources Conservation Service In The Amount Of $100,000 For The Evaluation And Design Of Mill

Minutes, page 18

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a Fiscal Year 2023 Grant from the United States Department of Agriculture Natural Resources Conservation Service in the amount of $100,000 for the purpose of an evaluation and design of the Mill Pond Dam Fish Passage Improvements Project.

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 Fiscal Year 2023 Grant from the United States Department of Agriculture Natural Resources Conservation Service in the amount of $100,000 for the purpose of an evaluation and design of the Mill Pond Dam Fish Passage Improvements Project. VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 18 (PDF)

2024-015 2024-015 Resolution To Dedicate Town Land That Is Part Of The Bearse's Way Shared Use Path Project To Public Use

Minutes, page 18

Adopt orderPassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby dedicate land that is part of the Bearse's Way Shared Use Path Project, as shown on a plan of land dated May 12, 2023, entitled “PLAN OF ROAD IN THE TOWN OF BARNSTABLE, MASSACHUSETTS, BARNSTABLE COUNTY, SHOWING LOCATION OF EASEMENTS FOR THE PURPOSE OF CONSTRUCTING THE BEARSE'S WAY SHARED USE PATH FOR THE TOWN OF BARNSTABLE”, attached hereto and incorporated herein by reference, for the purposes of construction, installation, maintenance, improvement, repair, replacement and/or relocation in order to provide public access of rights of way, sidewalks, drainage, sewer and other utilities, driveways, guardrails, slopes, grading, rounding, landscaping, parking areas and other appurtenances and/or facilities, in, on, over, across, under, and along all or any portions of land as shown on said plan, and that the Town Manager is authorized to execute an

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby dedicate land that is part of the Bearse's Way Shared Use Path Project, as shown on a plan of land dated May 12, 2023, entitled “PLAN OF ROAD IN THE TOWN OF BARNSTABLE, MASSACHUSETTS, BARNSTABLE COUNTY, SHOWING LOCATION OF EASEMENTS FOR THE PURPOSE OF CONSTRUCTING THE BEARSE'S WAY SHARED USE PATH FOR THE TOWN OF BARNSTABLE”, attached hereto and … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 18 (PDF)

2024-016 2024-016 Resolve Approving A Letter To The Governor Of Massachusetts In Support Of Ensuring The Long-term Financial Viability Of The Cape Cod & Islands Water Protection Fund

Minutes, page 18

ApprovePassed · Unanimous, 13 present

RESOLVED: That the Town Council does hereby approve sending a letter to the Governor of Massachusetts from the Town Council President on behalf of the Town Council, substantially in the form as presented at this meeting, requesting assistance in ensuring the long-term financial viability of the Cape Cod & Islands Water Protection Fund, a critical source of funding that towns on Cape Cod rely upon to clean up the region's coastal waterways and embayments.

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby approve sending a letter to the Governor of Massachusetts from the Town Council President on behalf of the Town Council, substantially in the form as presented at this meeting, requesting assistance in ensuring the long-term financial viability of the Cape Cod & Islands Water Protection Fund, a critical source of funding that towns on Cape Cod rely … VOTE: PASSES UNANIMOUS.” The minutes name who voted no but give no count; the count shown is from those names.

Read it in the official minutes, page 18 (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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