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Barnstable Town Council · 2023–2025 Council · Regular meeting

March 7, 2024

11 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Charles Bloom, Seth Burdick, Kristine Clark, John Crow, Mathew Levesque, Betty Ludtke, Jeffrey Mendes, Paul Neary, Felicia Penn, Paula Schnepp, Gordon Starr, Craig Tamash

Absent: Kristin Terkelsen

Every vote, in order

To accept the minutes of February 15, 2024, as presented.

Minutes, page 6

ProceduralPassed · Unanimous, 12 present

To accept the minutes of February 15, 2024, as presented.

From the minutes

“Upon a motion duly made and seconded, it was to accept the minutes of February 15, 2024, as presented. VOTE: PASSES UNANIMOUS COMMUNICATIONS from elected officials, boards committees, and staff, commission reports, correspondence, and announcements.” The minutes name who voted no but give no count; the count shown is from those names.

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

2024-099 2024-099 Amending The Code Of The Town Of Barnstable, Part I General Ordinances, Chapter 1 General Provisions, Article I Noncriminal Enforcement Of Violations

Minutes, page 8

ApprovePassed · Unanimous, 12 present

Amy Croteau, Shellfish Constable from Natural Resources Division gave the rationale. She discussed the changes and updates to the code. She noted the shellfish regulations are put in place to protect our sustainability both natural and propagated and protect the habitat of those shellfish species. She added current fines in the code have not been reviewed since 2003. Councilor questions and comments: (Schnepp) Elimination of the taking of scallops' line item? Is this because they are shellfish. (Croteau) Forty/Fifty years ago we had a decent scallop fishery in this Town we don't anymore. Didn't need to be a separate line item. (Penn) why is there a line item for taking scallops without well-defined annual growth ring? Why just scallops? (Croteau) Scallops are a very short-lived animal, they only live 2 years and they do not have an opportunity to spawn until they are at least a year and

From the minutes

“Amy Croteau, Shellfish Constable from Natural Resources Division gave the rationale. She discussed the changes and updates to the code. She noted the shellfish regulations are put in place to protect our sustainability both natural and propagated and protect the habitat of those shellfish species. She added current fines in the code have not been reviewed since 2003. Councilor questions and comments: (Schnepp) Elimination of the taking … VOTE: Passes Unanimous Councilor questions and comments:.” 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 Code of the Town of Barnstable, Part I General Ordinances, Chapter 1 General Provisions, Article I Noncriminal Enforcement of Violations, be amended by stri

Minutes, page 10

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 1 General Provisions, Article I Noncriminal Enforcement of Violations, be amended by striking Section 1-5 in its entirety and inserting the following new Section 1-5 in its place: “§1-5. Fines for violations of Town Manager's regulations. Offense Fine Herring Regulations Taking herring or alewives on a closed day $100 Failure to remove fish caught $100 Obstructing passage of herring or alewives $100 Shellfishing Rules and Regulations Shellfishing without a valid permit $200 Taking of shellfish during a closed season $100 Taking of shellfish on a closed day $100 Removing shell from shellfish before coming ashore $75 Taking shellfish in excess of family weekly limit $100 Taking sea worms on a Saturday $15 Taking sea worms in excess of 100 per family per week $15 Selling shellfish, sea worms or eels with a

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 1 General Provisions, Article I Noncriminal Enforcement of Violations, be amended by striking Section 1-5 in its entirety and inserting the following new Section 1-5 in its place: “§1-5. Fines for violations of Town Manager's regulations. Offense Fine Herring Regulations Taking herring or alewives on a closed … VOTE: PASSES 12 YES Roll Call: Bloom, Burdick, Clark, Crow, Levesque, Ludtke, Mendes, Neary, Penn, Schnepp, Starr, Tamash. Out of Order.”

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

2024-093 2024-093 Appropriation And Loan Order In The Amount Of $30,900,000 For The Purpose Of Funding Sewer Infrastructure Improvements

Minutes, page 10

ApprovePassed · Unanimous, 12 present

Dan Santos, Director of Public Works gave the rationale. Councilor questions and comments: (Ludtke) This is smart, and you are flexible - thank you. (Starr) What about Shootflying Hill Road - how long will it take to get the service - route of the cables? (Santos) It will be 2 years for the sewer. (Tamash) What about the final coating to the road? (Santos) Hopefully their project comes right after ours. Open Public Hearing, seeing no one and no one on zoom close public hearing

From the minutes

“Dan Santos, Director of Public Works gave the rationale. Councilor questions and comments: (Ludtke) This is smart, and you are flexible - thank you. (Starr) What about Shootflying Hill Road - how long will it take to get the service - route of the cables? (Santos) It will be 2 years for the sewer. (Tamash) What about the final coating to the road? (Santos) Hopefully their project comes right after ours. Open Public Hearing, seeing no … 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 10 (PDF)

The amount of $30,900,000 be appropriated for the purpose of funding Sewer Infrastructure Improvements, including the payment of costs incidental or related the

Minutes, page 10

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the amount of $30,900,000 be appropriated for the purpose of funding Sewer Infrastructure Improvements, 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 $30,900,000 under and pursuant to M.G.L. c. 44, §§7 or 8, M.G.L. c. 29C, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; that the Town is authorized to borrow all or any portion of this appropriation from the Massachusetts Clean Water Trust (the “Trust”) and that the Town Manager or the Treasurer is authorized to sign any financing agreements or project regulatory agreements relating to such borrowing from the Trust; and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes; and fur

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $30,900,000 be appropriated for the purpose of funding Sewer Infrastructure Improvements, 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 $30,900,000 under and pursuant to M.G.L. c. 44, §§7 or 8, M.G.L. c. 29C, or pursuant to … VOTE: PASSES 12 YES Roll Call: Bloom, Burdick, Clark, Crow, Levesque, Ludtke, Mendes, Neary, Penn, Schnepp, Starr, Tamash..”

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

2024-096 2024-096 Appropriation Order In The Amount Of $500,000 To Fund Disposal Costs Of The Solid Waste Division Of The Department Of Public Works

Minutes, page 11

ProceduralPassed · Unanimous, 12 present

Open Public Hearing Dan Santos, Director of Public Works gave the rationale. He mentioned there will no longer be car stickers the transfer station id moving to license recognition software. Councilor questions and comments: (Tamash) Will the swap shop be back? (Santos) Yes, this spring. Are there recycling contamination issues? (Santos) We separate our trash - no rejection. We will not be recycling newspaper, but a group has signed up for bottle redemption. Larry Morin will there be a swap shop fee. (Santos) Must pay the transfer station fee to go to the swap shop - you are utilizing the transfer station. Seeing no one on zoom close public hearing

From the minutes

“Open Public Hearing Dan Santos, Director of Public Works gave the rationale. He mentioned there will no longer be car stickers the transfer station id moving to license recognition software. Councilor questions and comments: (Tamash) Will the swap shop be back? (Santos) Yes, this spring. Are there recycling contamination issues? (Santos) We separate our trash - no rejection. We will not be recycling newspaper, but a group has signed up … 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)

The amount of $500,000 be appropriated from the Solid Waste Enterprise Fund reserves for the purpose of funding disposal costs of the Solid Waste Division.

Minutes, page 11

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the amount of $500,000 be appropriated from the Solid Waste Enterprise Fund reserves for the purpose of funding disposal costs of the Solid Waste Division.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $500,000 be appropriated from the Solid Waste Enterprise Fund reserves for the purpose of funding disposal costs of the Solid Waste Division. VOTE: PASSES 12 YES Roll Call: Bloom, Burdick, Clark, Crow, Levesque, Ludtke, Mendes, Neary, Penn, Schnepp, Starr, Tamash..”

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

2024-161 2024-161 Supplemental Appropriation Order For Fiscal Year 2024 Barnstable Police Department In The Amount Of $35,000 To Fund Consulting Services And Overtime Costs For The Purpose Of Exploring The Removal Of T

Minutes, page 11

ProceduralPassed · Unanimous, 12 present

Open Public Hearing Bill Cole, Director of Human Resources gave the rationale. He gave the history of civil service in Barnstable. Councilor questions and comments: (Schnepp) What is the timeline for this to happen? (Cole) Hoping for this summer, it depends on the progress of the working groups and then it comes before the Council. (Schnepp) What impact will this have on hiring a police chief? (Cole) it is 2 separate items. (Penn) this is for the rank and file not the chief of police. (Starr) Is just the police looking at this change? (Cole) Yes, the police will be looking at both groups. Seeing no one on zoom close public hearing

From the minutes

“Open Public Hearing Bill Cole, Director of Human Resources gave the rationale. He gave the history of civil service in Barnstable. Councilor questions and comments: (Schnepp) What is the timeline for this to happen? (Cole) Hoping for this summer, it depends on the progress of the working groups and then it comes before the Council. (Schnepp) What impact will this have on hiring a police chief? (Cole) it is 2 separate items. (Penn) this … 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)

The amount of $35,000 be appropriated from the General Fund reserves to pay for consulting services and overtime costs for the purpose of exploring the removal

Minutes, page 11

Adopt orderPassed · Unanimous, 12 present

ORDERED: That the amount of $35,000 be appropriated from the General Fund reserves to pay for consulting services and overtime costs for the purpose of exploring the removal of the Barnstable Police Department from the Civil Service.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the amount of $35,000 be appropriated from the General Fund reserves to pay for consulting services and overtime costs for the purpose of exploring the removal of the Barnstable Police Department from the Civil Service. VOTE: PASSES 12 YES Roll Call: Bloom, Burdick, Clark, Crow, Levesque, Ludtke, Mendes, Neary, Penn, Schnepp, Starr, Tamash..”

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

2024-166 2024-166 Resolve Establishing Certain Ad Hoc Advisory Committees

Minutes, page 12

ApprovePassed · Unanimous, 12 present

To postpone this item to the April 4, 2024, Town Council meeting. General Discussion: (Neary) felt comfortable with the fellow councilors and leadership but need a deeper understanding of how these subcommittees work and felt we should engage the public in a robust conversation. (Penn) This was announced in January to the councilors and the residents. There have been several announcements that this would happen by the end of March. (Neary) Not comfortable voting on this tonight. (Ludtke) The MMA training showed what was missing in Barnstable. (Tamash) How about 2 committees appointed by President Penn we could bifurcate and vote on one separately. (Mendes) Not comfortable voting on a couple tonight. There is too much power in the chair very uncomfortable after the letter tonight we owe it to the public to look at how people will be appointed. (Clark) In favor of these subcommittees. (Lev

From the minutes

“Councilor Neary made a motion to postpone this item to the April 4, 2024, Town Council meeting. General Discussion: (Neary) felt comfortable with the fellow councilors and leadership but need a deeper understanding of how these subcommittees work and felt we should engage the public in a robust conversation. (Penn) This was announced in January to the councilors and the residents. There have been several announcements that this would … VOTE: PASSES 12 YES Roll Call: Bloom, Burdick, Clark, Crow, Levesque, Ludtke, Mendes, Neary, Penn, Schnepp, Starr, Tamash..”

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

To postpone as amended the agenda item 2024- 166 to March 21st, 2024

Minutes, page 13

ApprovePassed · 11–1

To postpone as amended the agenda item 2024- 166 to March 21st, 2024

The minutes record 11 yes, 1 no, 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 postpone as amended the agenda item 2024- 166 to March 21st, 2024 VOTE: PASSES 11 YES 1 NO.”

Read it in the official minutes, page 13 (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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