council items 2000-2008

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TOWN COUNCIL ITEMS REPORT

2000-059 ORDER ABANDONING SEWEREASEMENTORDERED That the Town Manager is herebyauthorized to abandon a certain easement for sewerpurposes extending easterly from the east sideline of

Enterprise Road in Hyannis, along the southerlyboundaries of lots 13 and 14 as shown on LandCourt Plan 29719B.

Date of Action: 01/20/2000 10 Yes

Final Action: PASSED

2000-060 APPOINTMENTSRESOLVED That the Town Council appoints thefollowing individuals to the committee known as the"Smart Growth Committee" established under Item00-024A on 11/4/99: from the Board of

Health, Sumner Kaufman, and from the

Conservation Commission, Virginia Kiel.Date of Action: 01/06/2000 11 YesFinal Action: Approved

2000-061 STEAMSHIP AUTHORITYPOLICYRESOLVED That the Barnstable Town Councilhereby endorses the following Legislative Planregarding the governance of the SteamshipAuthority, consistent with our letter of 12/13/99,and further request our legislative delegationssupport: (Full text in the Town Clerks Office).

deficiencyDate of Action: 01/06/2000 11 YesFinal Action: Approved

2000-062 GOLF COURSE/CONFLICT OFINTERESTVOTED: That the Town Manager is directed torequest the Secretary of Environmental Affairs ofthe Commonwealth require a full environmentalimpact report on "The Cape Club", so called; andthat it is the determination of the Barnstable TownCouncil that the Town Manager may execute theforegoing request to the Secretary of EnvironmentalAffairs because his interest in the matter is not sosubstantial as to be deemed likely to affect theintegrity of the service which the public expectsfrom the Town Manager.



2000-063 APPROP. & LOAN ORDER FORPURCHASE 36.04 AC. IN BARNSTABLE

ORDERED: That the Town Manager be authorizedto acquire by purchase for any of the purposesspecified in Ch. 293 of the Acts of 1998, a parcel ofland located on Route 6A, Barnstable, consisting of36.04 acres, more or less, as shown on a plan of landentitled "Plan of Land in Barnstable, MA, assurveyed for James B. and Ruth H. Mitchell Scale

1" = 100', May 20, 1972," which plan is recordedwith the Barnstable County Reg. of Deeds in PlanBook 257, Page 57, and to meet this appropriation,the Town Treasurer, with the approval of the TownManager is authorized to borrow $540,000 for thepurchase and an additional $3,500 in related costsand that the Town Manager is authorized to contractfor and expend the appropriation made available forthis purpose and to accept any gifts or grants inrelation thereto.


Final Action: APPROVED

2000-064 TRANSFER OF $47,753 FROMSPEC. REVENUE RES. FUNDORDERED: That the Town Council herebytransfers $47,753 from the Special Revenue Reservefund to an account to be determined by the TownManager for the purpose of partially reimbursing theU.S. Dept. of Housing and Urban Dev. forCommunity Development Block Grant (CDBG)funds awarded in FY 1998 for the construction of askate park facility in Hyannis, and to fund anappraisal conducted in accordance with MGL

Chapter 79 in the eminent domain taking of theproperty located off Pleasant St. in Hyannis.

Date of Action: 1/20/2000 10 YesFinal Action: PASSED

2000-065F DEVELOPMENT AGREEMENTORDINANCEORDERED: That the Barnstable Town Councilhereby adopts the follow new Section LXIV ofChapter III of the General Ordinances of the Townof Barnstable, which reads as follows: DevelopmentAgreement Ordinance (Full text in the office of the

Town Clerk)

Referred to public hearings

2000-065v DEV. AGREEMENT - SEND TOBALLOTMOTION MADE: - I move that the proposedordinance 2000-065E, the so-called DevelopmentAgreement Ordinance, be placed on a Town ofBarnstable ballot in order to allow the registered

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voters in the Town to cast their vote in an electionas to whether or not the said ordinance should beenacted."

MOTION VOTED: To table.Date of Action: 06/01/2000 8 Yes 1 NoFinal Action: TABLED

2000-066 CONSERVATION RESTRICTIONORDERED The Barnstable Town Council doeshereby approve a conservation restriction to theBarnstable Land Trust, Inc., as granted by VirginiaFox Wagenseller et. al., involving a parcel 1.93acres in size, located in Osterville Village.

Date of Action: 02/03/2000 9 Yes 0 NoFinal Action: APPROVED

2000-067 ORDER - ACCEPTANCE OF GIFTORDERED That the Town Council hereby acceptsa gift in the amount of $73,475 from the Barnstable

Village Improvement Association for the purpose ofreimbursing the Town for the cost of bricksidewalks installed in Barnstable Village.


2000-068 RESOLVE COASTAL ACCESSGRANT ACCEPTANCERESOLVED That the Town Council hereby acceptsa Coastal Access Grant in the amount of $5,000 forFY 2000 from the Massachusetts Department ofEnvironmental Management to be used by the

Recreation Department to support the Keyes BeachAccessibility Program.


2000-069 FISH WEIR RENEWALRESOLVED The Barnstable Town council doeshereby approve the fish weir renewal application ofMr. Mark Simonitsch, Nantucket Sound Fish Weirs,Inc. 84 Doane Road, Chatham, MA 02633, in thecoastal waters of Nantucket Sound for a period offive years, and the relocation of one of the fish weirsto a previously permitted location.

Date of Action: 03/02/2000 9 Yes No 2 ABFinal Action: APPROVED

2000-070 APPROPRIATION ORDER -FEASIBILITY STUDY HYANNIS AREAORDERED That the Town Council herebyappropriates from available funds the amount of$20,000 to an account designated by the TownManager for the purpose of funding the town's share

of the final phase of a feasibility study for a smallConvention Center in the Hyannis area, said fundsto match state funding grant.



2000-071 APPOINTMENTS SMART

GROWTH COMMITTEERESOLVED That the Town Council appoints thefollowing individuals to the committee known as the"Smart Growth Committee" established under item#00-046A on 11/4/99: from the HistoricalCommission; James Gould.

Date of Action: 02/03/2000 9 YesFinal Action: APPROVED

2000-072 GEN. ORDINANCE AMENDMENTORDERED That the Barnstable Town Councilhereby amends Article LXIII Inclusionary

Affordable Housing Requirements by adding a newsection 2.10 Exempt Replacement House Anexempt replacement house is considered to be any ofthe following as determined by the BuildingCommissioner: (Full text in Town Clerks Office)

Date of Action: 02/17/00Final Action: PASSED 11 Yes

2000-073 APPOINTMENTS

RESOLVED That the Barnstable Town Councildoes hereby appoint persons to the followingmultiple member boards: RECREATION,

PLANNING, WATERWAYSDate of Action: 02/17/2000 11 YesFinal Action: Passed

2000-074 REQUEST FOR INFORMATIONRESOLVED That the Barnstable Town Councildoes hereby requests the Town Manager to developa request for information for the following townowned buildings: 1. The Teen Center, aka, AnchorOutboard building on Aselton Park 2. The HinckleyLumber Building 3. The Old Town Hall building

on Main Street 4. West Barnstable Railroad StationDate of Action: 02/03/2000 9 Yes 0 No

Final Action: ADOPTED

2000-075 SHELLFISH AQUACULTURERENEWALWilliam D. Mullin, 3890 Main St., Cummaquid -application for renewal

Date of Action: 03/02/2000 9 Yes 2 AbsentFinal Action: APPROVED

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2000-076 SHELLFISH AQUACULTURERENEWALJames Craddock, 128 Gemini Dr., W. Barnstable -renewal application

Date of Action: 03/02/2000 9Yes 2

Absent

2000-077 SHELLFISH AQUACULTURERENEWALScott D. Mullin, 1416 Mary Dunn Rd., Cummaquid- renewal application


2000-078 SHELLFISH AQUACULTURERENEWALEric Hildreth, 73 Mulberry St., Hyannis - renewalapplication


2000-079 PRICING VERIFICATIONGRANTRESOLVED: That the Town Council herebyaccepts an Item Pricing/Price Verification grant inthe amount of $40,0000 from the MassachusettsOffice of Consumer Affairs, Division of Standards,to be used by the Health, Safety and EnvironmentalServices Department, Consumer Affairs Division, toconduct Item Pricing/Price Verification Inspections

throughout Barnstable County.Date of Action: 02/17/2000 11 YesFinal Action: PASSED

2000-080 ACCEPTANCE OF CAPE CODFIVE FOUNDATION GRANTRESOLVED: That the Town Council herebyaccepts a Cape Cod Five Foundation Committeegrant award of $6,770 in FY 2000, to be used by theSenior Services Division to initiate anintergenerational arts project.



2000-081 AMENDMENTS RELATING TOSHELLFISHSection 1. That Chapter III of the GeneralOrdinances is hereby amended by striking outArticle LIX and inserting in place thereof thefollowing: (full text on file with the Town Clerk)

Date of Action: 03/02/2000 6 Yes 3 No 2 AbsentFinal Action: APPROVED

2000-082 ORDINANCE RELATING TOGAMBLING HOUSES & VESSELLORDERED: That Chapter III of the GeneralOrdinances is hereby amended by adding thefollowing new Article at the end thereof, designatedin appropriate sequence: Article LXV - Gambling

Houses and Vessels Prohibited. (full textin the Town Clerk's office)



2000-083 APPROPRIATION AND LOANORDER IN THE AMOUNT OF $152,500ORDERED: That the Town Manager be authorizedto acquire by purchase, take by eminent domain, orotherwise acquire for conservation purposesspecified in Chapter 293 of the Acts of 1998, aparcel of land located off Old Post Road in

Marstons Mills, containing an area of 7.1 acres,more or less - (full text in the Town Clerk's office)

Date of Action: 03/02/2000 9Yes 2 AbsentFinal Action: ADOPTED

2000-084 APPROP. ORDER ALLOCATING$837,174 IN CH. 70 AIDORDERED: That the Town Council herebyappropriates $837,174 in additional Chapter 70 Aidfor the purpose of funding one-time expenditures inthe School Department.



2000-085A GENERAL ORDINANCE - TOWNTREESRESOLVED That the Town Manager review thefollowing replacement Ordinance forenforcement and adoption: Chapter III, Article LV;Town Trees (TEXT INCLERK'S OFFICE)

Date of Action: 04/06/2000 10 Yes 1 AbstainFinal Action: Passed

2000-086 ADMINISTRATIVE CODEAMENDMENTORDERED that the Barnstable Town Council doeshereby amend the Administrative Code of the Townof Barnstable by amending Section 14.00 GolfCourse Committee; Section 14.01 Term of Office toread as follows: There shall be a Golf CourseCommittee consisting of seven members, three (3)members to be from the Olde BarnstableFairgrounds Membership Association and four at

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large members. Section II. This change shall beeffective 7/1/2000.

Date of Action: 04/06/2000 8Yes 2 No 1 AbstainFinal Action: Approved

2000-087 APPOINTMENT -GOLFRESOLVED That the Barnstable Town Council

does hereby appoint persons to thefollowingmultiple member boards: GOLF Appoint: Dr.Daniel Mahoney, 169 Scudder Rd., Osterville, to atermwhich will expire on 6/30/2001. (to replaceFrank Thomas)

Date of Action: 03/02/2000 7 Yes, 1 No, 1 Ab.Final Action: PASSED

2000-088 RESOLVE - TAX ON AIRCRAFTFUELACCEPTANCE OF GENERAL LAWESTABLISHING TAX ON AIRCRAFT FUEL

ORDERED That chapter sixty-four J of the GeneralLaws is hereby accepted.

Date of Action: 04/06/2000 10 YesFinal Action: Approved

2000-089 APPOINTMENTSRESOLVED That the Barnstable Town Councildoes hereby appoint persons to the followingmultiple member boards: COUNCIL ON AGING,BARNSTABLE ECONOMIC DEVELOPMENT,DISABILITY COMMISSION, HYANNIS MAINST. WATERFRONT HISTORIC, YOUTH

COMMISSION, OLD KINGS HIGHWAYDate of Action: 03/16/2000 11 YesFinal Action: PASSED

2000-090 ORD. REQUIRING PUBLICHEARINGS ON GEN. ORDINANCES. &AMENDMENTS.ORDERED: that Chapter I of the GeneralOrdinances is hereby amended by adding thefollowing article at the end thereof, designated inappropriate sequence: Article____Public Hearingson General Ordinances and Amendments thereto.The council shall hold a public hearing on anyproposed general ordinance or amendment thereto.Notice of such hearings shall be published in thesame manner as appropriation orders under thecharter.

Date of Action: 04/06/2000 10 Yes 1 Abstain

Final Action: Approved

2000-091 STATEMENT TO BOARD OFHEALTH

RESOLVED: That the Barnstable Town Councilapproves the following statement to be forwarded tothe Board of Health: The Council appreciates thetime and effort which the Board of Health has putinto the consideration of issues relating to thepresence of secondary smoke in food serviceestablishments in the Town of Barnstable....(full text

on file in the Town Clerk's office)Date of Action: 03/16/2000 4Yes 6 No 1AbstainFinal Action: DEFEATED

2000-092 ACCEPTANCE OF GENERALLAWSORDER: That the Town Council hereby accepts thefollowing sections: 19K of Chapter 41 of M.G.L.;and Section 108P of Chapter 41 of M.G.L. that wereapproved December 30, 1999.

Date of Action: 06/08/2000 11YesFinal Action: APPROVED

2000-093 RESOLUTION-FY2001-CAPITALIMPROVE. PLANRESOLVED: that the Town Council, in accordancewith Section 6-5(d) of the Charter, hereby adopts theCapital Improvement Plan for Fiscal Year 2001-FY2005, as presented by the Town Manager.

Date of Action: 03/16/2000 11 Yes Referred toBudget Hearings

2000-095 GRANT ACCEPTANCERESOLVED That the Town Council hereby accepts

a Recreational Trail grant in the amount of$1,360.00 from the Massachusetts Department ofEnvironmental Management to construct anobservation deck, on the Trail of Tears, in WestBarnstable Conservation Area.


Final Action: Approved

2000-096 GENL ORD. AMEND. PARKINGORDERED That Chapter III of the generalordinances is hereby amended by inserting at theend thereof the following new Article, designated inappropriate sequence: ARTICLE ___ OVERNIGHTPARKING IN TOWN PARKING LOTSPROHIBITED Section 1. No person shall leave amotor vehicle unattended on a town-owned parkinglot between the hours of midnight and seven a.m.Section 2. Any person who violates the provisionsof this article shall be fined $100.

Referred to Town Manager on 11/27/00

2000-097 APPROPRIATION ORDER FOR

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CLERICAL ASSISTANCE TO THEBARNSTABLE CHARTER COMMISSIONORDERED: That the Town Council herebyappropriate from available funds the amount of$1,800 to an account designated by the TownManager for the purpose of providing clerical andadministrative assistance to the Barnstable Charter

Commission.Date of Action: 04/27/2000 10 YesFinal Action: PASSED

2000-098 ZONING ORD. AMENDMENTSHARED HOUSINGORDERED: That Chapter III, Article III of theordinances, the Zoning ordinance, is herebyamended by inserting after Section 4-1.4 thefollowing new section: 4-1.5. Shared ElderlyHousing. The zoning board of appeals may grant

special permits to allow for the use of structures asshared housing to provide care and shelter forpersons with special needs due to age or disability.Said special permits shall be issued only withrespect to single family residences to be occupied bynot more than three persons not less than sixty-fiveyears of age or in approved instances persons oflesser age in need of special care, in addition to thefamily resident in the dwelling, and shall beconditioned upon the maintenance of properlicensed status as a shared residence under the lawsof the commonwealth, and upon such other

requirements as the zoning board of appeals deemsappropriate with respect to parking, screening andother amenities designed to mitigate the impact ofthe use upon the neighborhood, and may beconditioned as to time and ownership in thediscretion of the board.

Date of Action 4/27/00 11 Yes Roll CallFinal Action: Passed

2000-117 ACCEPTANCE COMMMUNITYPOLICING GRANTRESOLVED: That the Town Council hereby

accepts a Community Police Program Grant awardin the amount of $50,000 from the Executive Officeof Public Safety.


2000-118 ACCEPT. D.A.R.E. GRANTRESOLVED: That the Town Council herebyaccepts a D.A.R.E. Program Grant award in theamount of $13,000 from the Executive Office of

Public Safety.

Date of Action: 04/27/2000 10 Yes 1 NoFinal Action: PASSED

2000-119 ACCEPT. LAW ENFORCEMENTEDUCATION GRANTRESOLVED: That the Town Council hereby

accepts a Law Enforcement Education PartnershipGrant award in the amount of $10,000 from theGovernor's Alliance Against Drugs.


2000-120 ACCEPT. OF COPS GRANTRESOLVED: That the Town Council herebyaccepts a COPS in School Grant award in theamount of $125,000 from the United StatesDepartment of Justice, Office of CommunityPolicing Services.

Date of Action: 04/27/2000 11YesFinal Action: PASSED

2000-121A MODIFYING VOTE OF CONANTPROPERTYORDERED: That the Town acting under theprovisions of Chapter 293 of the Acts of 1998,hereby appropriates, and authorizes the Treasurerwith the approval of the Town Manager, to borrow -(full text in the Town Clerk's Office)

Date of Action 5/18/2000

Final Action Defeated

2000-122 APPROP. & LOAN FOR 4.89ACRES IN MARSTONS MILLSORDERED: That the Town Manager be authorizedto acquire by purchase for any of the purposesspecified in Chapter 293 of the Acts of 1998, aparcel of land located on River Road, MarstonsMills (full text in the Town Clerk's office)

Date of Action: 06/15/2000 9 Yes 2 NoFinal Action: Passed

2000-123 RESOLVE SUPPORT OF BILL TOBAN MTBERESOLVE: That the Town Council enthusiasticallyendorse State Representative Demetrius Atsalis' bill,which has been filed in the House ofRepresentatives, relative to the banning of MTBE.


2000-123A GRANT ACCEPTANCE -

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TOBACCO CONTROLRESOLVED: That the Town council hereby acceptsa Tobacco Control Services Grant award in theamount of $378,950.48 from the MassachusettsDepartment of Public Health.

Date of Action: 05/11/2000 9 Yes 1 No


2000-124 GRANT ACCEPTANCE - COPS INSHOPSRESOLVED: That the Town Council herebyaccepts a Cops in Shops Grant award in the amountof $5,000 from the Governor's Highway SafetyBureau.



2000-125 TRANSFER FOR FUNDING HIGHSCHOOL RENOVATIONSORDERED: That the Town Council hereby

transfers the remaining balance from council order98-90 Hyannis West Roof Truss Repair, for thepurpose of funding costs associated with the HighSchool Renovation Project, to an account designatedby the Town Manager.


2000-126 ADMINSTRATIVE CODEAMENDMENTOrdered: That the Town Council approve theexecutive reorganization proposed by the Town

Manager pursuant to the provisions of Section 5-1(a)(2) of the Charter by striking Part III,Administrative Organization, of the Town ofBarnstable Administrative Code and substitutingtherefor the amended Part III entitled "Amended APart III Administrative Organization" which isattached to and specifically incorporated in theOrder by reference.

Date of Action: 05/11/2000 8Yes 2 AbstainFinal Action: APPROVED

2000-126A RESOLVE BURGESS PROPERTYTRANS. TO MARSTONS.MILLS LIBRARYRESOLVED: That the Town Manager is herebydirected to take the necessary measures and cause tobe prepared all necessary documents and plans inorder to transfer an appropriate portion of theBurgess Property, so-called, on Route 149 inMarstons Mills, to the Marstons Mills PublicLibrary Association, Inc. for the purpose ofconstructing and maintaining a library facility of15,000 square feet, more or less; said documents

shall include a draft of a petition to the general courtunder Article 97 of the amendments to theconstitution to authorize said use, notwithstandingany provision of general or special law to thecontrary.

Date of Action: 05/18/2000 8 Yes 2 No 1Abstain


2000-127 APPROP. FOR APPEAL ON ED.FUNDINGORDERED: That $5,000 is hereby appropriatedand transferred from available funds for the purposeof funding an appeal of the decision of the single justice to the full bench of the Supreme JudicialCourt in the matter of Ameilia Lopez and others v.Board of Education - Docket Number SJC 08279said funds to be expended by the Town Manager.

Date of Action: 06/01/2000 9 YesFinal Action: Passed

2000-128 APPROP. FOR PURPOSE OFACQUIRING 38.09 AC. IN MARSTONS MILLSORDERED: That the Town Council herebyauthorizes the Town Manager to purchase, take byeminent domain, or otherwise acquire, pursuant toand for the purposes set forth in Chapter 239 of theActs of 1998, to preclude active recreation requiringthe construction of structures or facilities, the land,together with buildings thereon, if any shown asParcel "A" containing 7.7 acres more or less (fulltext on file in Town Clerk's office)

Date of Action: 07/20/2000 10 Yes 1 AbstainFinal Action: Passed

2000-129 RESOLVE - OUTDOOR DININGRESOLVED: That the Barnstable Town Councilresolves that expanding outdoor dining and sidewalkcafes would be beneficial for the use and enjoymentof the citizens of Barnstable and visitors, wouldallow food establishments an opportunity to providemore handicapped accessible space, would create anattractive, festive and inviting atmosphere withoutinvestment by the Town, and contribute to therevitalized and improved image of DowntownHyannis. (Full text in Town Clerks Office)


2000-130 RESOLVE-AFFORDABLEHOUSINGRESOLVED: That the Town Council respectfullyrequests that the Town Manager take whatever stepsare necessary to ensure that affordable housing is

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provided in sufficient supply to meet the needs ofthe residents of our town and to enable us to meetthe state mandate of having 10% of our housingstock affordable. We further request that he identifythe barriers to creation of affordable housing andthat he overcome them or make recommendations tothe Town Council as to how they can be helpful in

this process.Date of Action: 05/18/2000 10 Yes 1 NoFinal Action: PASSED

2000-131 APPROVAL FOR CHIEF OFPOLICE TO ACCEPT GIFTS FOR R.A.D.RESOLVED: That the Town council hereby givesapproval for the Chief of Police to accept andexpend gifts of property and money received for thespecific purpose of offering a Rape AggressionDefense (R.A.D.) program to women and children inthe community.


2000-132 ACCEPT. OF LOCAL LAWENFORCE. GRANT FROM DEPT. OFJUSTICEORDERED: That the Barnstable Town Councildoes hereby accept a Local Law Enforcement BlockGrant from the United States Department of Justicein the amount of $226,870, and further, that theamount of $25,208 is hereby transferred fromavailable funds to an account to be determined by

the Town Manager for the purpose of funding thetowns share of the matching funds of the grant.

Date of Action: 06/01/2000 9Yes


2000-133 AMEND. TO ARTICLE XVIII-AREVOLV. FUND ORD.ORDERED: The Barnstable Town Council doeshereby amend Chapter II, Article XVIII-A, Section 3of the Town's General Ordinance, "Revolving FundOrdinance," by adding in appropriate order, a newparagraph: $50,000 The Chief of Police for thepurpose of providing enhanced training to theBarnstable Police Department, and further that thesum of $5,352.50 be transferred from availablefunds to this account.

Final Action: APPROVED AS PART OFITEMS 2000-145 AND 2000-144

2000-134 PAY AS YOU THROW RESOLVERESOLVE: That there shall be an Ad Hoc

Committee of the Town Council which shall consistof 7 members; 2 from the Department of PublicWorks, 2 Town Councilors and 3 at-large memberswho will investigate "Pay-As-You-throw" as asystem for trash disposal and recycling. Saidcommittee shall report their findings andrecommendations to the Town Council by October

5, 2000.Date of Action: 06/01/2000 9YesFinal Action: PASSED

2000-135 SUPPORT OF BILL 5216-RESOLVERESOLVE: That the Barnstable Town Councilenthusiastically supports Docket #5216 as sponsoredby Representative Thomas George and co-sponsoredby 15-20 other Representatives as written (seeattached at back of agenda). It pertains tomaintaining the integrity and community character

of Scenic Route 6A.Date of Action: 06/01/2000 9Yes


2000-136 RESOLVE ACCEPT SHELLFISHENHANCEMENT GRANTRESOLVED That the Town Council herebyaccepts a Municipal Shellfish Enhancement grant inthe amount of $7,500 from the MassachusettsDivision of Marine Fisheries and BarnstableCounty, to be used by the Health, Safety andEnvironmental Services Department, Natural

Resources Division, for a public/privatecollaboration project entitled Shellfish Relays,Surveys and Habitat Enhancement Utilizing aMechanical Harvester/Cultivator.



2000-137 APPOINTMENTSThat the Town Council does hereby appoint andreappoint persons to the following multiple memberboards: Hyannis Main Street Waterfront AppealsBoard, Board of Assessors, Cape Cod RegionalTechnical High School District, Cable TV AdvisoryBoard, Cultural Council, Disability Commission,Economic Development Commission, HistoricalCommission, Hyannis Main Street WaterfrontDistrict, JFK Memorial Trust Fund, Open SpaceCommittee, Planning Board, Public WorksCommission, Recreation Commission, Registrar ofVoters, Sandy Neck Advisory Board, ScholarshipCom., School Building Committee, ShellfishCommittee, Village Improvement Fund, Water

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Pollution Control Board, Waterways Committee

Date of Action: 06/15/2000 11YesFinal Action: Passed

2000-138 APPOINTMENTSThat the Barnstable Town Council does herebyappoint and reappoint persons to the following

multiple member boards: AIRPORTCOMMISSION, CULTURAL COUNCIL, GOLFCOMMITTEE, PUBLIC WORKS COMMISSION,YOUTH COMMISSION, ZONING BOARD OFAPPEALS

Date of Action: 06/15/2000

Final Action: Passed

2000-141 APPOINTMENTSFOR COMPLETE TEXT OF ITEM ANDINDIVIDUAL VOTES ON FILE IN TOWNCLERKS OFFICE.

Date of Action: 06/22/2000Final Action: ADOPTED

2000-142 ADMINISTRATIVE CODEAMEND - GOLF COMMITTEEORDERED That the Barnstable Town Councilhereby amends the Administrative Code of theTown of Barnstable by amending Part II, Section14.00 Golf Course Committee; Section 14.01 Termof Office to read as follows: There shall be a GolfCourse Committee consisting of seven members,

one member to be from the recreation commissionand six at large members.


Final Action: FAILS

2000-143 RESOLVE - NO DISCHARGEZONERESOLVED: That the Barnstable Town Councilhereby recognizes that fecal coliform bacteria levelsin all of its coastal embayments are having anadverse effect on water quality, forcing the close ofshellfish beds, and threatening the health and safetyof its residents. Therefore, the Barnstable TownCouncil has determined that the waters within theTown of Barnstable require greater environmentalprotection than that afforded under the Clean WatersAct. The Barnstable Town Council hereby requeststhe Town Manager to prepare an application forcoastal waters of the Town of Barnstable to bedesignated a "No Discharge Zone" and to file saidapplication with the Massachusetts Office of CoastalZone Management. Said regulatory boards or

committees are directed to make any and allrevisions as required by the Office of CoastalZoning Management so that a final application canbe submitted to the Environmental ProtectionAgency for approval.


2000-144 GEN ORD AMEND CH. II, ARTXVIIIA - REVOLVING FUNDORDERED That Chapter II of the GeneralOrdinances is hereby amended by striking outArticle XVIII-A and inserting in place thereof thefollowing: ARTICLE XVIII-A - REVOLVINGFUNDS (Full text in Town Clerks Office)


2000-145 ORDER- REVOLVING FUND

AUTHORIZATIONORDERED: Pursuant to Chapter II, Article XVIII-A, Section 3 of the General Ordinances, the TownCouncil hereby authorizes the following revolvingfunds for FY 2001


2000-146 APPROPRIATION ORDERPOLICE REVOLVING FUNDORDERED That the Town Council herebyappropriates $5,352.50 from available funds and

transfer said amount to the Police TrainingRevolving Fund.


2000-147 APPOINTMENTSRESOLVED That the Town Council does herebyappoint and reappoint persons to the followingmultiple member boards: Council on Aging, Boardof Health, Housing Committee, AirportCommission, Licensing Authority(See list of appointees in Town Clerk's Office.)

Date of Action: 07/20/2000 11** YesFinal Action: APPROVED**LICENSING AUTHORITY MEMBER

2000-148 EMERGENCY APPROPRIATION& LOAN ORDER FOR AIRPORT SAFETYAREA STUDYWHEREAS, the deferred operation of thismeasure....(text of preamble in Town Clerk's Office)ORDERED That the sum of $125,000 be

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appropriated for the purpose of funding a SafetyArea Study at the Barnstable Municipal Airport, andthat to meet this appropriation, the Town Treasurer,with the approval of the Town Manager, isauthorized to borrow $125,000, and that the TownManager is authorized to contract for and expendthe appropriation made available for this purpose

and be authorized to accept any grants of gifts inrelation thereto.


2001-001 APPOINT DIR. OF COMMUNITYAND ECONOMIC DEVELOPMENTRESOLVED That the Town Council approves theappointment by the Town Manager of Kevin Shea asDirector of Community and EconomicDevelopment.



2001-002 ORDINANCE AMENDING CHA I,ART VII, LICENSING AUTHORITYORDERED that Chapter I, Article VII, LicensingAuthority, of the Ordinances of the Town ofBarnstable, is hereby amended by strikingsubsection (b) and substituting therefore thefollowing. (Full Text on file in the Town ClerksOffice)

Date of Action: 08/19/2000 7Yes 4 NoFinal Action: APPROVED

2001-003 APPROPRIATION & LOANORDER COM. SEPTIC MANAGEMENTPROGRAM ORDERED: That $200,000 isappropriated for the purpose of financing thefollowing water pollution abatement facilityprojects: repair, replacement and/or upgrade ofseptic systems, pursuant to agreements between theBoard of Health and residential property owners,including without limitation all costs thereof asdefined in Section 1 of Chapter 29C of the GeneralLaws; that to meet this appropriation the Treasurerwith the approval of the Town Manager isauthorized to borrow $200,000 and issue bonds ornotes therefore under M.G.L.c.111, & 127B1/2and/or Chapter 29C of the General Laws, (Full texton file in the Town Clerks office)


2001-004 RESOLVE COMMUNITY.FISHERIES PROJECT GRANT

RESOLVED That the Town Council hereby acceptsa Communities Fisheries Project grant in the amountof $6,000 from the Community Foundation of CapeCod to be used by the Natural Resources Divisionfor a public/private collaboration project entitledShellfish Habitat Surveys and HabitatEnhancement Utilizing a Mechanical

Harvester/Cultivator.Referred to a second reading

2001-005 APPOINTMENTSThat the Barnstable Town Council does herebyappoint the following persons to the followingmultiple member boards: CONSERVATIONCOMMISSION, COMPREHENSIVE FINANCIALADVISORY COMMITTEE, HYANNIS MAINSTREET WATERFRONT HISTORICALDISTRICT, ZONING BOARD OF APPEALS(List of appointees in Town Clerk's Office.)

Date of Action: 08/17/2000Final Action: FINAL VOTES ON FILEAT CLERK'S OFFICE

2001-006 ORDINANCE AMENDMENT -NON- PROFIT EXEMPTIONORDINANCE AMENDMENT EXEMPTINGNON-PROFIT ED. CONSTRUCTION FROM THEINCLUSIONARY AFFORDABLE HOUSING FEEORDERED that SECTION 1. Chapter III, ArticleLXIII, Section 3.4 of the General Ordinances ishereby amended by adding at the end thereof the

following sentence: It shall not apply to theconstruction of educational facilities owned by anon-profit educational corporation which facilitieswould be entitled to be exempt from real estatetaxation. SECTION 2. This ordinance shall takeeffect with respect to non-profit educationalfacilities for which building permits have beenapplied for since the effective date of theinclusionary affordable housing fee.

Date of Action: 09/07/2000 9 YesFinal Action: Table and bring back later

2001-007 ORD. AMENDMENT- HANDICAPPARKINGThat Chapter II Article LVII of the GeneralOrdinances is hereby amended by striking theexisting paragraph 2 thereof and substituting in lieuthe following new paragraph 2 of Article LVII: (fulltext in Town Clerk's Office)



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2001-008 ADM. CODE AMEND. TO PARTIII ADMINISTRATIVE ORGANIZATIONORDERED That the Administrative Code of theTown of Barnstable be amended by strikingtherefrom Amended B Part, AdministrativeOrganization and substituting therefor the amendedPart III entitled Amended C Part III Administrative

Organization which is attached to and specificallyincorporated in this Order by reference.


Final Action: Passed - roll call vote

2001-009 ACCEPTANCE MGL C 41, S 108LORDERED That Section 108L of Chapter 41 of theGeneral Laws is hereby accepted.


2001-010 GRANT ACCEPT. - RESOLVE

ACCEPTING ITEM PRICING/GRANTRESOLVED: That the Town Council herebyaccepts an Item Pricing/Price Verificator grant in theamount of $40,000 from the Massachusetts Office ofConsumer Affairs, Division of Standards, to be usedby the Regulatory Services Department, ConsumerAffairs Division, to conduct Item Pricing/PriceVerification Inspections throughout BarnstableCounty.

Date of Action: 09/07/2000 11 YesFinal Action: Passed

2001-011 ZONING ORD. AMENDMENT-3-5.3 RPODSection 3-5.3 RPOD Resource Protection OverlayDistrict (Full text in Town Clerk's Office)


Final Action: PASSED AS AMENDED

2001-012 GEN'L ORD. AMENDMENT-COMPR. PERMITS FOR PRE-EXIST.DWELL.ORDERED: That the Barnstable Town Councilhereby adopts the following new Section (LXV) ofthe General Ordinances of the Town of Barnstable,which reads as follows (full text in Town Clerk'soffice)

Date of Action: 11/16/2000 9Yes 1 Abstain


2001-013 APPOINTMENTSLicensing Authority & Hyrate Committeeappointments



2001-014 APPROVAL-POLICE GRANTHIGHWAY SAFETYRESOLVED: That the Town Council hereby givesapproval for the Barnstable Police Department toaccept a grant from the Governor's Highway Safety

Bureau and the Cape and Island Safe CommunitiesProgram in the amount of $2,500 for OccupantProtection (Safety Belt) Enforcement and Educationand further that the amount of $500 is transferredfrom available funds to an account to be determinedby the Town Manager for the purpose of funding thetown's share of the matching funds of the grant.

Date of Action: 11/02/2000 11


2001-015 RED LILY POND DREDGINGPROJECT

ORDERED: That the Town Treasurer with theapproval of the Town Manager is authorized toborrow an additional $410,000 in addition to the$235,000 authorized under council order 97-173, forthe Red Lily Pond Project, and to accept any gifts orgrants in relation thereto.


2001-016 CONSERVATION RESTRICTIONORDERED: A certain conservation restrictionrunning to the Barnstable Land Trust, Inc., as

granted by Gordon LeBlanc and Janice LeBlanc,involving 8.57 acres of land on Sea View Avenue inOsterville, is hereby approved.


2001-016A APPROPRIATION & LOANORDER- KOKKO/BARTELORDERED: that the Town Council herebyauthorizes the Town Manager to purchase, take byeminent domain, or otherwise acquire, pursuant toand for the purposes set forth in chapter 239 of theActs of 1998, the land and right of way, togetherwith building thereon, if any, having a street addressof 80 Betty's Pond Road containing three (3) acres,more or less, as further described in a QuitclaimDeed of William Kokko and Hulda Kokko toWilliam Kokko, Hulda Kokko, Joseph Everet Barteland Olga Bartel dated September 10,1982 (Full textin Town Clerks office)

Date of Action: 11/02/2000 11 YesFinal Action: PASSES

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2001-017 APPROPRIATION & LOANORDER WHITE/TUTTLEORDERED: that the Town Council herebyauthorizes the Town Manager to purchase, take byeminent domain, or otherwise acquire the land,together with buildings thereon, if any, containing

1.58 acres, more or less, and having a street addressof 777 Falmouth Road (Route 28), Hyannis, asshown on Plan of Land recorded in BarnstableCounty Registry of Deeds Plan Book 354, Page 85,as further described in Quitclaim Deed of Joan S.Luke a/k/a Joan P. Luke to Allen J. White andCharles P. Tuttle, as Trustees of Medical One Trustu/d/t dated August 18, 1998 (Full text on file inTown Clerks office).


2001-018 ZONING AMEND. PRINCIPALPERMITTED USESORDERED: That chapter III, Article III of theOrdinances of the Town of Barnstable is herebyamended as follows: To insert a new use K) to sub-paragraph 1. Principal Permitted Uses, and to add anew Conditional Use to sub-paragraph 2B. (Text infull in the Town Clerk's Office)

Date of Action: 10/26/2000 11 YesFinal Action: PASSED - Roll Call

2001-019 RESOLVE TO AMEND COUNCIL

RULESRESOLVED: That the Barnstable Town Councilhereby amends Town Council rule 5E ORDER OFBUSINESS by reversing the order of # 5 and #6 &7 - PUBLIC COMMENT and Council REsponse toPublic Comment precedes Public Hearings.



2001-020 RESOLVE GRANT ACCEPTANCERESOLVED: That the Town Council herebyaccepts a Recreational Trail grant in the amount of$3,000.00 from the Massachusetts Department ofEnvironmental Management for trail work in theBridge Creek Conservation Area, West Barnstable.To construct an 88' boardwalk over a section of trail,to aid in the prevention of trail erosion. To expandthe Marsh Trail, 1/2 a mile, and provide publicaccess to the northern section of the parcel, with theconstruction of two foot bridges.


2001-021 APPOINTMENTSThat the Barnstable Town Council does herebyappoint and reappoint persons to the followingmultiple member boards: ZONING BOARD OFAPPEALS, ELDERLY AND DISABLEDTAXATION COMMITTEE


2001-022 APPROP. & LOAN ORDER -$122,500 for 4.9 A. in SantuitORDERED: That the Town Council herebyauthorizes the Town Manager to purchase, take byeminent domain, or otherwise acquire, pursuant toand for the purposes set forth in Chapter 239 of theActs of 1998, the land having a street address of4788 Route 28 containing Four and 90/100ths (4.9)acres, more or less (full text on file in the Town

Clerk's office)Date of Action: 12/07/2000 10 Yes 1Abstain


2001-023 TRANSFER ORDER-REHABMAIN RAMPORDERED: That the sum of $200,000 appropriatedfor the purpose of replacing fuel storage tanks at theBarnstable Municipal Airport be transferred torepairs to Taxiway Alpha, and furthermore, that thesum of $40,000 appropriated for the purpose ofreplacing fuel storage tanks at the Barnstable

Municipal Airport be transferred to rehabilitatingthe main ramp at the Barnstable Municipal Airport.



2001-024 RESOLUTION-MGR'S CRITERIAFOR 40B PROGRAMRESOLVE: The Town Council, in authorizing thecreation of a local Chapter 40B program underSection 2 of the general ordinance entitled"Comprehensive Permits for Pre-Existing andUnpermitted Dwelling Units and for New DwellingUnits in Existing Structures" (full text on file inthe Town Clerk's office).

Date of Action: 11/16/2000 9 Yes 1AbstainFinal Action: PASSED

2001-025 APPOINTMENTSThat the Barnstable Town Council does herebyappoint persons to the following multiple memberboards: Zoning Board of Appeals, HousingCommittee, Comprehensive Finance Advisory

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Committee and Personnel Advisory Board (full listof individuals on file in the Town Clerk's office)


2001-026 ORDER- CONSERVATIONRESTRICTION

ORDERED That the Town Council, pursuant toG.L. c. 184 32, hereby approves a conservationrestriction in the form annexed hereto given byCatherine M. Conover to be held by the BarnstableLand Trust, Inc., a Massachusetts charitablecorporation duly organized by law, and determinesthat said restriction is in furtherance of the publicinterest in preserving scenic views, natural habitatand open space as stated in section 6.1.2 of theTown of Barnstable Local Comprehensive Plan.

Date of Action: 12/07/2000 9 Yes 1 AbstainFinal Action: PASSED

2001-027 APPOINTMENTSThat the Barnstable Town Council does herebyappoint persons to the following multiple memberboards: PLANNING BOARD, PERSONNELBOARD, SANDY NECK ADVISORY BOARD(full text available in Town Clerk's office).


2001-028 RESOLUTION ON FY2002BUDGET POLICY

RESOLVED: That the Town Council adopts abudget policy for FY2002 that prioritizes its revenueand expenditure guidelines to be used forestablishing the FY2002 operating and capitalimprovement program budgets.


2001-029 TOWN COUNCIL MEETINGSCHEDULEThe Barnstable Town Council has established thefollowing schedule for its regular meetings on the

first and third Thursday of each month, unless notedwith an asterisk, which indicates a schedule change.There is only one scheduled meeting in July andAugust on the third Thursday. (Full text in TownClerk's office).


2001-030 ADM. CODE AMENDMENTActing under Part V of the Barnstable Home Rule

Charter and Section 20 of chapter 43B of theGeneral Laws it is hereby ORDERED, as follows:Section 1. That Part II, Section 4.02 of theAdministrative Code is hereby amended byinserting, (full text in the Town Clerks Office)

Referred to Jan. 18, 2001

2001-031 DOCK & PIER OVERLAYDISTRICT-ZONING AMENDMENTORDERED: Section 1 That the Zoning Ordinance,Chapter III, Article III of the Ordinances of theTown of Barnstable is hereby amended by inserting,after the end of Section 3-5.3 thereof, the followingnew section: Section 3-5.4 Dock and Pier OverlayDistrict. (Full text in the Town Clerks Office.

Referred to Feb. 1, 2001

2001-032 LAND PURCHASE - 56 GARDENLANEOrdered That the Town Council hereby authorizesthe Town Manager to acquire by purchase for any ofthe purposes specified in Chapter 293 of the Acts of1998, a parcel of land located at 56 Garden Lane,Hyannis, Barnstable County, Ma, consisting of 2.51acres of land more or less (Full text on file in theTown Clerks office).

Referred to Jan. 18, 2001

2001-997 SMART GROWTHRECOMMENDATIONS

The following vote was taken during the Sept. 7,2000 meeting: That the council directs that actions2, 3, 4, 5 and 6 of the recommendations (listed onpage 7 of the Smart Growth Committee report) comeforward ASAP.



2001-997 FLAG ADOPTIONUpon motion duly made and seconded it was votedto accept the flag as the official flag of the Town ofBarnstable as presented.


2001-998 STUDY OF SCHOOL SYSTEMThe following was a vote during the Sept. 7, 2000meeting. That we (town council) request the townmanager and Dr. Dever to look into and bringforward an appropriation order to study the schoolsystem including but not limited to space needs.



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2001-999 RESOLVE MEMORIAL FOR JFK,JRRESOLVED That the Town Manager is herebyauthorized and directed to dedicate an appropriatesite on land owned by the Town at the intersectionof Ocean and South Streets in Hyannis for a statueand/or memorial to John F. Kennedy, Jr.

Date of Action: 08/17/2000 11 YesFinal Action: ADOPTED

REPORT OF THE BARNSTABLEHOUSING AUTHORITY

The Barnstable Housing Authority had a busy andproductive 2000. Dolores Rucker of Hyannis wassworn in as a Commissioner in January and Carl H.Johnson of Cummaquid was appointed by GovernorCellucci as our State Appointee in August.

The Board and staff of the Authority focused ontrying to increase both permanent and rental housingopportunities for Barnstable families. The BHAcontinued the Rental Acquisition Program with$100,000 in funding from the Towns CDBGProgram and $50,000 for the new RAPRehabilitation Program. Two buildings on PleasantStreet were purchased adding 20 new units of

affordable housing. One of the buildings required aChapter 40 B Comprehensive Permit and the BHAis grateful to the Zoning Board of Appeals forapproving our project and to Patrick Butler ofNutter, McClennen, and Fish for providing pro bonolegal work. The BHA continued restoration of theOldest House in the village of Hyannis and weshould have the home occupied in the Spring of2001.

The BHA began road construction on the GallagherLane homeownership project in Marstons Mills.

Thanks to Engineering and DPW the PlanningBoard approved our subdivision on Gallagher Lanein Marstons Mills. The BHA has partnered with theTown of Barnstable and the Housing AssistanceCorporation to develop this seven-unithomeownership project. Completion is expected bythe summer of 2001.

The BHA also worked closely with the TownsHousing Committee and Town Council on thepassage of an Accessory Dwelling Unit HousingOrdinance and a Housing Action Plan. Both ofthese accomplishments will help increase housingopportunities for low and moderate income familiesin Barnstable.

The BHA was pleased to receive $598,000.00 inannual funding for 94 new Fair Share Section 8Housing Choice Vouchers. The BHA will beworking on a regional program with other Cape Codhousing authorities to distribute this housingresource to low-income families.

The BHA also received a high performermanagement rating from HUD and there were noaudit findings from the State Auditor on our mostrecent financial and management audit. The BHA

staff is dedicated to the efficient programmanagement of our eleven programs.

In November the BHA held an Open House at ourrenovated offices at 146 South Street, Hyannis. TheBHA received a $98,000 federal grant to continuecapital improvements at the Colony House.Modernization of apartments and new exteriorlighting are planned for this year. The BHAcompleted $250,316.00 of roof, balcony and sidingrepairs at Sea Street Extension, Hyannis. Fundingfor this project came from the Commonwealth of

Massachusetts Department of Housing andCommunity Development.

The BHA hopes to work with federal, state, county,and local officials to make 2001 a successful yearfor the Barnstable Housing Authority as we strive toprovide to the participants in our programs safe,sanitary, and affordable housing. We will also striveto increase the supply of affordable housing to meetthe needs of our community.

Chairman Paula Schnepp, Vice-chair Arthur

Kimber, Treasurer Dolores Rucker, AssistantTreasurer Richard A. Cross, Jr, and State AppointeeCarl H. Johnson appreciate all the communitysupport the BHA received in 2000.

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Town Council Items Report

2001-033 RESOLUTION TO ACCEPT &EXPEND GRANTS FOR TURN OFF THEVIOLENCE DAY

RESOLVED: That the Town Councilhereby gives approval for the Office of

Date of Action: 01/04/2001 10 Yes No AbstainFinal Action: PASSED

2001-035 APPRO. & LOAN ORDER FOR LANDBANK TITLE & HAZARDOUS

ORDERED: That the Town Council herebyauthorizes the Town Manager to contract

Date of Action: 02/01/2001 11 Yes No Abstain


2001-036 ZONING AMENDMENT -COMMERCIAL DISTRICT BUSINESS DISTRICTPART 1 - ZONING MAP: PART II

ESTABLISHMENT OF DISTRICTS:MISCELLANEOUS


Final Action: PASSED - Roll Call

2001-037 ZONING AMEND. 3-2.3 O-1, O-2


No AbstainFinal Action: PASSED

2001-038 ZON. ORDINANCE AMEND. 3-3.10MA-2 Business District

ORDERED: That Chapter III, Article III ofthe Ordinances is hereby amended by



2001-039 ZONING AMENDMENT 3-2.2 OR

OFFICE RESIDENTIAL DISTRICTDate of Action: 07/19/2001 11 Yes No Abstain


2001-040 TRANSFER ORDER AIRPORTWORKERS COMPENSATION

ORDERED that the sum of $50,000 betransferred from the Airport's FY 2001



2001-041 APPRO. & TRANSFER COMPSCHOOL AUDIT

ORDERED That the sum of $105,000 beappropriated for the purpose of conducting



2001-042 APPRO. & LOAN ORDER $104,500FOR .52 ACRES HYANNIS

ORDERED: that the Town Council herebyauthorizes the Town Manager to purchase,

Date of Action: 03/01/2001 10 Yes 1 No Abstain


2001-043 AUTHORIZATION FOR LANDTAKING BY EMINENT DOMAINORDERED: that the Town Council herebyauthorizes the Town Manager to take by



2001-044 APPRO. FOR PURCHASE OF LANDROUTE 28, CENTERVILLE

ORDERED: That the Town Council herebyauthorizes the Town Manager to acquire


2001-045 ADM. CODE AMENDMENT TOSECTION 3.35

ORDERED: That Part III, Section 3.35 ofthe Administrative Code is hereby



2001-046 TRANSFER ORDER - FROMSPECIAL APPROPRIATIONS-FOR TRAFFICSIGNALS

ORDERED: That the sum of $471,000 betransferred from the following



2001-047 RESOLVE-QUALITY OF LIFE FORCITIZENS

RESOLVED: Whereas the MissionStatement of the Town of Barnstable reads as

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Final Action: FAILED

2001-048 APPRO & TRANSFER - MGMT PLANAT SANDY NECK

ORDERED That the sum of $75,000 beappropriated for the purpose of developing



2001-049 APPRO & LOAN ORDER TOACQUIRE 12.53 ACRES IN MARSTONS MILLS

ORDERED: that the Town Council herebyauthorizes the Town Manager to purchase



2001-050 ORDER SNOW AND ICEOVERDRAFT

ORDERED That pursuant to Chapter 44,Section 31D MGL, which provides for the


Final Action:

2001-051 RESOLUTION TOWN WIDE DCPCRESOLVED That the nomination by the

Town Manager of a town-wide district ofDate of Action: 02/22/2001 9 Yes 1

No AbstainFinal Action: APPROVED

2001-052 ADMIN CODE AMENDMENT -AIRPORT COMMISSION

ORDEREDDate of Action: 03/01/2001 6 Yes 5


2001-053 CHARTER AMENDMENT -ADMINISTRATIVE CHANGES AT AIRPORT

ORDEREDDate of Action: 04/19/2001 10 Yes 1


2001-054 AUTH FOR PURCHASE OREMINENT DOMAIN TAKING 1.58 ACRES INMM, APPROP & LOAN


Date of Action: 09/20/2001 Yes No Abstain

Final Action: POSTPONED

2001-055 PURCHASE OR EMINENT DOMAINTAKING 7.62 ACRES IN MM, LOAN ORDER




2001-056 RESOLVE TO ADOPT-A-CLASSROOM PROGRAM

RESOLVED: That the Town Council adoptone (1) of the fifth grade classes to

Date of Action :03/01/2001 11 Yes No Abstain


2001-057 RESOLVE ACQUISITIONBARNSTABLE WATER CO

RESOLVED: That the Town Manager ishereby directed to pursue acquisition of

Date of Action: 02/22/2001 8 Yes No 2 Abstain


2001-058 RESOLVE IN SUPPORT OF HY-LINEBUSINESS PLAN

RESOLVED:Date of Action: 03/01/2001 11 Yes

No AbstainFinal Action: ADOPTED

2001-059 REPEAL OF GEN'L ORD. RELATINGTO BODY PIERCING

ORDERED: Section 1: That Article LXII ofchapter III of the General


Final Action: PASSED - REPEALED

2001-060 ORDER-SALE OF 1 ELM AVE.ORDERED: That the Town Council hereby

authorizes the sale of all right, titleDate of Action: 03/15/2001 11 Yes


2001-061 APPRO. ORDER FOR FY2001-AIRPORT OPER. BUDGET

ORDERED: That the Town Council herebyappropriates $328,000 from the

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2001-062 APPRO. ORDER FOR FY 2001WORKER'S COMP. MED. BENEFITS

ORDERED: That the Town Council herebyappropriate $200,000 from the Insurance



2001-063 APPRO. ORDER FOR FY 2001SCHOOL DEPT.

ORDERED: That the Town Council herebyappropriate $670,535 from available



2001-064 RESOLVE-RESIDENTIALEXEMPTION

RESOLVED: The Town Council herebyvotes to classify the Town of Barnstable

Date of Action: 03/15/2001 7 Yes 3 No 1 Abstain


2001-064A BULLETPROOF VEST PROGRAMGRANT

RESOLVED: That the Town Councilhereby accepts a Bulletproof Vest Program



2001-065 ACCEPT. CHILD PASSENGERSAFETY GRANT

RESOLVED: That the Town Councilhereby accepts a Child Passenger Safety Grant



2001-066 ACCEPTANCE OF COMMUNITYPOLICING PROGRAM GRANT

RESOLVED: That the Town Councilhereby accepts a Community Police Program



2001-067 ACCEPTANCE OF A DAREPROGRAM GRANT

RESOLVED: That the Town Councilhereby accepts a D.A.R.E. Program Grant award



2001-068A ACCEPTANCE LAWENFORCEMENT EDUCATION PARTNERSHIPGRANT

RESOLVED: That the Town Councilhereby accepts a Law Enforcement Education



2001-069 ACCEPTANCE LAWENFORCEMENT UNDERAGE DRINKINGGRANT

RESOLVED: That the Town Councilhereby accepts a Law Enforcement Underage



2001-070 ACCEPTANCE LOCAL LAWENFORCEMENT BLOCK GRANT

ORDERED: That the Barnstable TownCouncil does hereby accept a Local Law



2001-071 APPROPRIATION ORDER FORSPECIAL ELECTION

ORDERED: That the Town Council herebyappropriates from free cash $25,000 for

Date of Action 04/19/2001 11 Yes No Abstain


2001-072 APPROPRIATION ORDER FORSLUDGE DISPOSAL

ORDERED: That the sum of $90,000 beappropriated from sewer fund surplus for



2001-073 APPOINTMENTSThat the Barnstable Town Council does

hereby appoint and reappoint persons toDate of Action: 04/19/2001 11 Yes


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2001-074 OVERRIDE ELECTION ORDER

ORDERED: That the following question beplaced on the ballot for a special



2001-074 ORDER FOR OVERRIDE ELECTIONORDERED: That the following question be

placed on the ballot for a specialDate of Action: 03/27/01 8 Yes 1 No

AbstainFinal Action: PASSED

2001-075 TRANSFER ORDER FOR FY 2001BUDGET 04/05/2001

ORDERED: That the Town Council herebytransfers $71,000 from the anticipated



2001-076 APPROPRIATION ORDER - TOWNCOUNCIL DEPARTMENT

ORDERED: That the Town CouncilDate of Action: 05/10/2001 10 Yes NoAbstain


2001-077 APPROPRIATION ORDER - TOWNMANAGER DEPT.

Town Manager DepartmentDate of Action: 05/10/2001 10 Yes


2001-078 ADMINISTRATIVE SERVICES DEPT.Administrative Services Department



2001-079 APPROPRIATION - COMMUNITYSERVICES DEPT.

Community Services DepartmentDate of Action: 05/10/2001 10 Yes


2001-080 APPROPRIATION ORDER-DEPARTMENT OF PUBLIC WORKS

Department of Public Works



2001-081 APPROPRIATION ORDER - POLICEDEPARTMENT

Police Department ORDERED: That thesum of $9,106,159 be raised and



2001-082 APPROPRIATION ORDER -REGULATORY SERVICES DEPARTMENT

Regulatory Services DepartmentDate of Action: 05/10/2001 10 Yes


2001-083 APPROPRIATION ORDER -BARNSTABLE MUNICIPAL AIRPORT

Barnstable Municipal Airport DepartmentDate of Action: 05/10/2001 10 Yes


2001-084 APPROPRIATION ORDER - SCHOOLDEPARTMENT

School DepartmentDate of Action: 05/10/2001 10 Yes


2001-085 APPROPRIATION ORDER - OTHERREQUIREMENTS

Other RequirementsDate of Action: 05/10/2001 10 Yes


2001-086 APPROPRIATION ORDER - CAPITALTRUST FUND

Capital Trust FundDate of Action: 05/10/2001 10 Yes


2001-087 APPROPRIATION ORDER -CAPITAL TRUST FUND



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2001-087A APPROPRIATION ORDER -CAPITAL TRUST FUND

ORDERED That the sum of $1,500,000 beappropriated for the purpose of funding

Date of Action: 05/17/2001 9 Yes No1 Abstain


2001-088 APPROPRIATION ORDER - AIRPORTFUND

Airport FundDate of Action: 05/10/2001 10 Yes


2001-089 APPROPRIATION ORDER - SEWERFUND SEWER SYSTEM UPGRADE

Sewer Fund Sewer System UpgradesDate of Action: 05/10/2001 10 Yes


2001-090 APPROPRIATION ORDER - SEWERFUND EFFLUENT MITIGATION

Sewer Fund Effluent MitigationDate of Action: 05/10/2001 10 Yes


2001-091 APPROPRIATION ORDER - AIRPORTRESERVE FUND

Airport Reserve FundDate of Action: 05/10/2001 10 Yes


2001-092 APPROPRIATION ORDER - WATERPOLLUTION CONTROL PROJECTS

ORDERED;Date of Action: 05/10/2001 10 Yes


2001-093 REAUTHORIZATION OF APP.ORDER - CAPITAL TRUST FUND



2001-094 REVOLVING FUNDSAUTHORIZATION FOR FY2001

ORDERED: Pursuant to Chapter II, ArticleXVIII-A, Section 3 of the General



2001-095 RESOLVE-SUPPORT FOR CAPECOMMUNITY HEALTH CENTER

THAT The Town Council resolves to fullysupport the location of the Mid/Upper



2001-096 APPROVAL FOR PURCHASINGAUTOMATIC EXTERNAL DEFIBRILLATOR

RESOLVED: That the Town Councilhereby gives approval for the Chief of Police



2001-097 APPROVAL TO ACQUIRE ANDEQUIP A BOAT FOR LAW ENFORCEMENTPURPOSES

RESOLVED: That the Town Councilhereby gives approval for the Chief of Police



2001-098 RESOLVE - INCREASE FY2001SPENDING LIMIT FOR GIS

RESOLVED - That the Town Councilhereby authorizes an increase in the annual



2001-099 ZONING ORDINANCEAMENDMENT - REVISE MAP - MBA1,2 & MA-B

To revise the official zoning map with a draftdate of April 15, 2001 to



2001-100 ORDER AUTHORIZING TRANSFEROF PROPERTY FOR MARSTONS MILLSLIBRARY

ORDERED: That the Town Councilpursuant to a resolve adopted May 18, 2000 as



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2001-101 ORDER AUTHORIZINGAPPLICATION, ACCEPTANCE &EXPENDITURE OF LIB. GRANTS

ORDERED: That the Town Council herebyauthorizes the Board of Directors of



2001-102 APPROPRIATION ORDER - UTILITYFUNDING

ORDERED: That the sum of $336,000 beappropriated for the purpose of funding



2001-103 APPROPRIATION LEGAL SERVICESBARNSTABLE WATER CO ACQUISITION

ORDERED That $100,000 is herebyappropriated from available funds for the



2001-104 RESOLVE SHELLFISHENHANCEMENT GRANT

RESOLVED That the Town Council herebyaccepts a Municipal Shellfish



2001-106 RESOLVE EMBARKATION FEESRESOLVED That the Town Council hereby

authorizes the members of the SteamshipDate of Action: 05/17/2001 10 Yes


2001-107 RESOLVE LAND TRANSFER TOAIRPORT COMMISSION

RESOLVED: That the Town Councilhereby authorizes the Town Manager to



2001-108 TRANSFER ORDER - SOLID WASTEOPERATING EXPENSES

ORDERED: That the sum of $15,000 betransferred from the Solid Waste



2001-109 RESOLVE - HORACE MANNCHARTER SCHOOL DAY

RESOLVED: That the Barnstable TownCouncil hereby establishes an annual



2001-110 ORDER-AUTHORIZE A BONDREFUNDING

ORDERED: That in order to reduce interestcosts, the Treasurer with the



2001-111 APPRO. & LOAN ORDER-LANDACQUISITIONS/RUNWAY SAFETY

THAT the sum of $4,000,000 beappropriated for the purpose of funding the land



2001-112 GENERAL ORDINANCE AMENDINGSCHEDULE OF FEES

THAT Chapter II Article XIII Section I bedeleted and replaced with a new



2001-113 GENERAL ORD. AMENDING CH. IIARTICLE XIII

ORDERED: That Chapter II Article XIIISection 3 be deleted and replaced with



2001-114 APPRO. & TRANSFER ORDER FORHINCKLEY BUILDING

ORDERED: That the Town Council herebyappropriates $226,000 for the Hinckley



2001-115 APPRO. ORDER FOR PUBLICWORKS OPERATING BUDGET

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THAT the sum of $150,000 be appropriatedfrom available funds to fund the



2001-116 SUPP. APPRO. & LOAN FORACQUIRING HYANNIS LAND

ORDERED: That the Town Council herebyappropriates the sum of Thirty Thousand



2001-117 ZONING MAP AMENDMENTThat chapter III, Article III of the Ordinances

is hereby amended as follows:Date of Action: 08/16/2001 11 Yes

No AbstainFinal Action: Approved

2001-118 ZONING AMEND-GROWTHMANAGEMENT

ORDERED: That Chapter III, Article III ofthe Ordinances is hereby amended by



2001-119 APPRO. ORDER/ANALYSIS OFWATERFRONT PROPERTY

ORDERED: That the sum of $75,000 beappropriated for expenditures incidental



2001-120 RESOLVE - APPROVAL OFBUILDING COMMISSIONER

RESOLVED that the Town Councilapproves the appointment by the Town Manager of



2001-122 APPOINTMENTSThat the Town Council hereby appoints the

following persons to multiple memberDate of Action: 07/19/2001 10 Yes


2001-123 ZONING ORDINANCE MEDICALSERVICES OVERLAY DISTRICT

See text in clerk's officeDate of Action: 08/16/2001 9 Yes

No 2 AbstainFinal Action: Approved

2001-124 APPOINTMENTSTHAT the Town Council appoint the

following persons to multiple member boards.Date of Action: 07/19/2001 10 Yes


2001-125 RESOLVE - MASS TECH. PARKCORP. GRANT

RESOLVE: The Town Council herebysupports the acceptance of the Massachusetts



2002-001 APPROPRIATION & LOAN -ACQUIRING 10.92 AC. M.MILLS-OLD POSTRD.

ORDERED: That the Town Manager beauthorized to acquire by purchase for


Final Action: REFERRED

2002-002 APPROPRIATION & LOAN - FOR$79,500 FOR ACQUIRING 2.02 AC. IN M. MILLS

ORDERED: That the Town Manager beauthorized to acquire by purchase for any



2002-004 APPOINTMENTSAppointments - Trust Fund Advisory,

Planning Board, & Conservation Comm. -Date of Action :08/16/2001 11 Yes

No AbstainFinal Action: Approved

2002-005 RESOLVE-TRAYSER MUSEUMBe it resolved that the Barnstable Town

Council is familiar with and supportsDate of Action: 07/19/2001 11 Yes


2002-006 GROUP PETITION - DCPCThat the Barnstable Town Council hear the

merits of A Group Petition whereas

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Final Action: Not approved on merits

2002-007 MUNICIPAL RECYCLINGORDERED: That Chapter II of the General

Ordinances are hereby amended byDate of Action: 09/20/2001 11 Yes


2002-008 APPROPRIATION & LOAN -AIRPORT TERMINAL

ORDERED That the sum of $125,000 beappropriated for the purpose of funding



2002-009 APPROPRIATION & LOAN -AIRPORT TERMINAL

ORDERED That the sum of $75,000 beappropriated for the purpose of funding the



2002-010 APPROPRIATION & LOAN - BHSRENOVATION

ORDERED That the sum of $162,500 beappropriated and added to $45,774,000



2002-011 RESOLVE - EXIT 6.5RESOLVE That the Town Manager is

hereby respectfully requested to work inDate of Action: 08/16/2001 11 Yes


2002-012 RESOLVE - LAND EXCHANGERESOLVED: That the Town Manager is

hereby authorized to petition the GeneralDate of Action: 09/06/2001 11 Yes


2002-013 RESOLVE - NO DISCHARGE ZONERESOLVE WHEREAS, the very recent

achievement of a federal EPA no dischargeDate of Action: 08/16/2001 11 Yes

No Abstain


2002-014 RESOLVE - UNDERGROUNDUTILITIES

RESOLVED that the Town Council herebydirects the Town Manager to pursue the



2002-015 RESOLVE - ANCHOR OUTBOARDLEASE

RESOLVED,Date of Action: 09/06/2001 11 Yes


2002-016 APPOINTMENTSTHE TOWN COUNCIL APPOINTS THE

FOLLOWING PERSONS TO MULTIPLEMEMBER BOARDS:

Date of Action: 09/20/2001 Yes NoAbstain


2002-017 GROUNDWATER EMBAYMENTPROTECTION PLAN

RESOLVE - Whereas the Smart GrowthCommittee's final report recommend



2002-018 APPRO. & LOAN ORDER - $2,337,500FOR 46.27 AC. IN M. MILLS

ORDERED: That the Town Council herebyauthorizes the Town Manager to



2002-019 RESOLVE - CLASSIFICATION ACTThe Town Council hereby votes to classify

the Town of Barnstable under theDate of Action: 09/20/2001 9 Yes 2


2002-020 RESOLVEThat the Town Council accepts G.L. Chapter

59, Section 5, Clause 41D, whichDate of Action: 09/20/2001 11 Yes


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2002-021 ADMINISTRATIVE CODEAMENDMENT - AIRPORT

ORDEREDDate of Action: 10/04/2001 9 Yes

No 2 AbstainFinal Action: ADOPTED

2002-022 APPOINTMENTSORDERED



2002-023 RESOLVE - WIND FARMRESOLVED

Date of Action: Yes NoAbstain

Final Action: REFFERED TO COM.

2002-024 APPOINTMENTSORDERED That the Town Council hereby

appoints the following to multiple memberDate of Action: 10/04/2001 9 Yes

No 2 AbstainFinal Action: ADOPTED

2002-025 STREET ACCEPTANCESORDERED: That the layout of the following

streets with areas and dimensionsDate of Action: 11/15/2001 11 Yes


2002-026 RESOLUTION-AUTHORIZING SPEC.TAX ASSESSMENT

Resolution authorizing the use of the specialtax assessment for the Widax



2002-027 AUTHORIZATION FOR PURCHASEOF 4.25 AC. - CENTERVILLE




2002-028 AUTHORIZATION TO PURCHASE1.58 AC. IN MARSTONS MILLS

ORDERED: That the Town Council herebyauthorizes the Town Manager to purchase



2002-029 ZONING ORDINANCE - MA-1BUSINESS DISTRICT

ORDERED: That Chapter III, Article III ofthe Ordinances is hereby amended as



2002-030 GENERAL ORDINANCE AMEND. -ART. XXII

THAT THE General Ordinances are herebyamended by adding at the end of Chapter

Date of Action: 11/01/01 Yes NoAbstain

Final Action: REFERRED TO TOWN ATTY.

2002-031 APPROVAL OF CONSERVATIONRESTRICTION

ORDERED: That the Town Council andTown Manager be authorized to approve,



2002-032 ADM. CODE AMENDMENT -DISABILITY COMMISSION

ORDERED: That part II of theAdministrative Code of the Town of Barnstable



2002-033 APPOINTMENTSThat the Town Council hereby appoints the

following to multiple member boards:Date of Action: 11/15/2001 11 Yes


2002-034 GEN'L ORD. AMENDMENT-HEARING NOTIFICATION

CHAPTER II of the Ordinances is herebyamended by adding the following new



2002-035 APPRO. & LOAN FOR ACQ. 11.96AC. IN W. BARNSTABLE

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ORDERED: that the Town Council herebyauthorizes the Town Manager to



2002-036 APPROPRIATION & LOAN - ACQ. 1/3AC. IN HYANNIS

ORDERED: That the Town Council herebyauthorizes the Town Manager to



2002-037 APPOINTMENT - DISABILITYCOMMISSION

That the Town Council appoint the followingto a multiple member board:



2002-038 ORDER - CONSERVATIONRESTRICTION BURNES PROP.

ORDERED That the Town Council, pursuantto G.L. c. 184 s. 32, hereby approves a



2002-039 COUNCIL MEETING SCHEDULEThe Barnstable Town Council has

established the following schedule for itsDate of Action: 12/20/2001 11 Yes


2002-040A RESOLVE - OPPOSITION TO WINDFARM

RESOLVE: That the Barnstable TownCouncil makes clear its opposition to, and


Final Action: TABLED

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TOWN COUNCIL ITEMS REPORT2002The following is a listing of the items that the TownCouncil addressed during the calendar year of 2002,as recorded by the Town Clerk.

2002-003 ADM. CODE AMENDMENT

MEMBERSHIP OF JFK MEM. TRUSTORDERED: That Section 19.01 of Part II ofAdministrative Code is hereby amended by strikingout the word "seven and inserting in place thereofthe word "five."Date of Action: 07/18/20028 Yes 2 No 1 AbstainFinal Action: PASSED

2002-040 PURCHASE/TAKING PRINCE

COVEORDERED: that the Town Council hereby

authorizes the Town Manager to purchase or take byeminent domain pursuant to the provisions ofChapters 40 and/or 79 of the General Laws ofMassachusetts, or otherwise acquire, land,improvements and other property of and/orassociated with the Prince's Cove Marina, so-called,located at 235 Cedar Tree Neck Road in Barnstable(Marstons Mills), Barnstable County, Massachusettson 1.58 acres of land more or less further describedon a plan of land to be recorded and entitled "Plan ofLand in Barnstable (Village of Marstons Mills)Made for Schooner Corp. Scale 1' = 30' dated July 6,

2000" prepared by Slade Associates, Inc., RegisteredLand Surveyors, Route 6 and Pine Point Road,Wellfleet, Massachusetts, 02267; and appropriate thesum of ONE MILLION EIGHT HUNDRED FIFTYTHOUSAND AND NO/100 ($1,850,000.00) Dollarsfor said purchaseDate of Action: 01/17/2002 9 Yes 2 NoFinal Action: PASSED

2002-041 APPROPRIATION & LOAN

COMMUNITY SEPTIC MGMT PROGRAMORDERED: That $200,000 is appropriated for the

purpose of financing the following water pollutionabatement facility projects: repair, replacementand/or upgrade of septic systems, pursuant toagreements between the Board of Health andresidential property owners, including withoutlimitation all costs thereof as defined in Section 1 ofChapter 29C of the General Laws; that to meet thisappropriation the Treasurer with the approval of theTown Manager is authorized to borrow $200,000and issue bonds or notes therefore underM.G.L.c.111, & 127B1/2 and/or Chapter 29C of the

General Laws, that project and financing costs shallbe repaid by the property owners, in accordance withthose agreements, but such bonds or notes shall begeneral obligations of the Town, that the Treasurerwith the approval of the Town Manager isauthorized to borrow all or a portion of such amountfrom the Massachusetts Water Pollution AbatementTrust established pursuant to Chapter 29C and inconnection therewith to enter into a loan agreementand/or a security agreement with the Trust andotherwise to contract with the Trust and theDepartment of Environmental Protection withrespect to such loan and for any federal or state aidavailable for the projects or for the financing thereof,that the Town Manager or the Treasurer isauthorized to enter into a project regulatoryagreement with the Department of EnvironmentalProtection and that the Town Manager is authorizedto expend all funds available for the projects and totake any other action necessary to carry out theprojects.Date of Action: 01/17/2002 11 YesFinal Action: Passed

2002-042 RESOLVE - ITEM/PRICING

GRANTRESOLVED That the Town Council hereby acceptsan Item Pricing/Price Verificator grant in the amountof $45,000 from the Massachusetts Office ofConsumer Affairs, Division of Standards, to be usedby the Regulatory Services Department, ConsumerAffairs Division, to conduct Item Pricing/PriceVerification Inspections throughout BarnstableCounty utilizing Division of Standards certifiedstaff.Date of Action: 01/03/2002 10 YesFinal Action: ADOPTED

2002-043 RESOLVE - EOA GRANTRESOLVE That the Town Council accept a grantfrom the Executive Office of Environmental AffairsCoastal Zone Management Office/BarnstableCounty 2001. The Environment Four Stroke

Motor Grant Program grant award in the amount of$5,473.75.Date of Action: 01/03/2002 10 YesFinal Action: ADOPTED

2002-044 RESOLVE - LEGISLATIVE

PROPOSAL ON SSARESOLVED That the Barnstable Town Councilhereby supports the modification of the legislativeproposal brought forward as a result of the KassReport, so-called, as presented by the Martha's

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Vineyard Selectmen's Association including:Modifications to the mode of selection of the SSAGovernor representing the Island of Martha'sVineyard; and The appointment of the City of NewBedford as a non-voting member of the SSA Boardof Governors for two years and thereafter as a fullvoting member; And that it is the official position ofthe Town of Barnstable that a fair and equitablesystem be established relative to the apportionmentof weighted votes with the mainland portcommunities liable for no more than ten percent ofany projected deficit as recommended by theMartha's Vineyard Selectmen's Association. Aformula shall be established necessitating one ormore of the mainland port communities to cast theirfavorable vote to establish a 2/3 majority.Date of Action: 01/03/2002 10 YesFinal Action: ADOPTED

2002-045 APPROPRIATION ORDER -

BURIAL EQUIP.ORDERED: That the sum of $60,000 beappropriated for the Structures & Grounds CemeteryProgram for the purpose of purchasing burialequipment used by town staff to perform intermentsin town cemeteries, and to meet such appropriation,that $60,000 be transferred from the Town's Sale ofCemetery Lots Special Revenue Fund.Date of Action: 02/07/2002 10 YesFinal Action: APPROVED

2002-046 APPROPRIATION & LOANORDER - TRAFFIC SYSTEMORDERED: That the sum of $200,000 beappropriated for the purposes of funding trafficsystem and drainage improvements associated withthe reconstruction of Park Square and that to meetthis appropriation, the Town Treasurer, with theapproval of the Town Manager is authorized toborrow $200,000 and that the Town Manager isauthorized to contract for and expend theappropriation made available for this purpose and beauthorized to accept any grants or gifts in relation

thereto.Date of Action: 02/07/2002 10 YesFinal Action: APPROVED

2002-047 SUPP. APPROPRIATION ORDER -

HYDRILLA CONTROLORDERED: The Barnstable Town Council doeshereby approve a supplemental appropriation of$60,000 to the Regulatory Services Department -Conservation Division Capital Project Account tofund the Hydrilla control project at Long Pond,

Centerville.Date of Action: 02/21/2002 7 Yes 3 NoFinal Action: PASSED

2002-047A RESOLVE - COMPREHENSIVE

MANAGEMENT PLANRESOLVED: That the town council directs the

town manager to develop a comprehensive review ofthe town's lakes and ponds to determine the presenceof any "invasive" aquatic plants. Further, that thetown manager develop a comprehensivemanagement plan for invasive aquatics that stressesprevention as well as a systematic and independentmonitoring system of the condition of the pond(s) orlake(s) before and after any form of intervention. Increating the management plan, the town managershould rely upon the input from a broad andinclusive group including members of the concernedpublic, lake-side residents, pond monitoring groups,fishermen, plant biologists, and any others who thetown manager believes will assist him in developingthe plan. That the Town cooperate with all regionaland state groups addressing this matter and that thetown manager shall seek grants or other financialassistance from these groups and others if available.The town manager shall report back to the towncouncil with his plan not later than October 1, 2002.Date of Action: 03/07/2002 11 YesFinal Action: APPROVED AS AMENDED

2002-048 AUTH. TO PURCHASE LAND IN

BARNSTABLEORDERED: That the Town Manager be authorizedto acquire by purchase for any of the purposesspecified in Chapter 293 of the Acts of 1998, fourparcels of land located on Boulder Road and FlintRock Rd., Barnstable, Barnstable County, MAcontaining a total of 14.66 acres, more or less (fulltext in the Town Clerk's office).Date of Action: 02/07/2002 9 Yes 1 No 1 Ab.Final Action: APPROVED

2002-049 APPROPRIATION ORDER -

MAINTENANCE OPEN SPACE PROP.ORDERED: That the Town Council herebyappropriates $60,000 for the purpose of funding thecosts associated with the maintenance andimprovements to property purchased by the Town ofBarnstable under the Cape Cod Open SpaceAcquisition Program, to an account designated bythe Town Manager.Date of Action: 02/07/2002 10 Yes 1 AbstainFinal Action: APPROVED

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2002-050 APPOINTMENTSTO APPOINT MEMBERS TO: - RECREATIONCOMMISSION & JFK MEMORIAL TRUSTFUND (list in Town Clerk's Office)Date of Action: 02/07/2002 9 Yes 1 ABFinal Action: APPROVED

2002-050A RESOLVE-PRESERVATION OF

NANTUCKET SOUNDLet it be known that the Barnstable Town Councilfeels an obligation to preserve and protect thenatural and sacred resource of Nantucket Soundwhich has been given to us unspoiled and which wewish to preserve and protect for successivegenerations. (Full text in the Town Clerk's office)Date of Action: 01/31/2002 11 YesFinal Action: PASSED

2002-051 RESOLVE- ELDER SERVICES

GRANTRESOLVED That the Town Council hereby acceptsa grant in the amount of $8,000 under Title IIIEfrom Elder Services of Cape Cod and the Islands tobe used by the Senior Services Division to initiate acaregiver outreach and education project.Date of Action: 02/07/2002 10 YesFinal Action: APPROVED

2002-052 APPROPRIATION & LOAN LAND

PURCHASEORDERED: That the Town Manager be authorized

to acquire by purchase for effluent mitigationpurposes and/or for any of the purposes specified inChapter 293 of the Acts of 1998, several parcels ofland located on Route 132, Old Neck Road andRoute 6, Barnstable, Barnstable County,Massachusetts, consisting of 32.43 acres of land,more or less, and being described as (FULL TEXTIN TOWN CLERK'S OFFICE - Substitute motionvoted and approved.Date of Action: 02/21/2002 8 Yes 2 NoFinal Action: PASSED

2002-053 APPROPRIATION & LOAN -LAND PURCHASEORDERED: That the Town Manager be authorizedto acquire by purchase for any of the purposesspecified in Chapter 293 of the Acts of 1998,parcels of land located at Route 132, Barnstable,Barnstable County, Massachusetts, consisting of 26acres of land, more or less, as described in two deedsrecorded at the Barnstable County Registry of Deedsin Book 8771, Page 88 and Book 8883, Page 199,and to appropriate from land bank funds

$2,345,000.00 for the purchase and related costs andthat the Town Manager is authorized to contract forand expend the appropriation made available for thispurpose and to accept any gifts or grants in relationthereto.Date of Action: 04/18/2002 7 Yes 4 NoFinal Action: Approved

2002-054 TRANSFER ORDER - GRADE

FIVE SCHOOLORDERED: That the Town Council herebytransfers $32,589 from Council Order 2001-086 forthe purpose of funding engineering servicesassociated with the repairing of the exteriorbrickwork at the Grade five school.Date of Action: 02/07/2002 10 YesFinal Action: APPROVED

2002-055 RESOLVE ACCEPTANCE OF

GIFTS FOR MONUMENT PARKRESOLVED That the Town Council hereby accept$3,800 that represents an initial gift toward a projectbeing undertaken by the Centerville CivicAssociation for the purpose of installing World WarII and Korean and Vietnam Conflict monuments inMonument Park. Further amounts over time areexpected. The Town will assist in this project bysecuring these funds in a separate account and then,at the direction of the Town Manager, expendingthem as necessary.Date of Action: 02/07/2002 9 Yes 1 No


2002-057 APPOINTMENTSTHAT the Barnstable Town Council appoint thefollowing to a multiple member board:HISTORICAL COMMISSION - Robert D. Stewart,2338 Main Street, Barnstable, replacing JamesGould, to serve until 6/30/2004.Date of Action: 03/07/2002 11 YesFinal Action: APPROVED

2002-058 RESOLVE MEMORIALIZE TO

ASSERT OPPOSITION. TO WIND COMPLEXRESOLVED: That the Town of Barnstable herebymemorializes the Governor and the AttorneyGeneral of the Commonwealth of Massachusetts tovigorously take whatever steps which may bedeemed necessary to perfect the Commonwealth'sclaim upon the waters of Nantucket Sound and jurisdictional boundaries of the Cape and IslandOcean Sanctuary. (FULL text in the Town Clerk'soffice.)Date of Action: 02/21/2002 8 Yes 2 No

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2002-059 RESOLVE - STUDY ON

SHOALING PROBLEMSRESOLVED: That Councilor Robert Jones incooperation with the Town Manager,

council items 2000-2008

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