The March 2, 2023 Meeting of the Barnstable Town Council was conducted in person. The public was able to attend in person or participate remotely in Public Comment or during a Public Hearing via Zoom. The public was able to view the meeting on Barnstable Government Access Channel 18 or live stream through the Town website.

Town Council President Matthew Levesque called the meeting to order and Town Ann Quirk took the Roll Call. President Levesque led the Pledge of Allegiance.  During the Moment of Silence remembering all involved in the war in Ukraine and praying for a peaceful resolution soon.

Next up was Public Comment followed by Council Response to Public Comment.  Due to technical difficulties, the Council took a brief recess and resumed the meeting with the Barnstable Youth Commission Presentation which was made by Isabelle Rudy, Chair; Luc-Andre Sader, Vice Chair; Cameron Levesque; and Jaden Jefferies.  Recreation Director John Gleason and Adult Advisors George Noonan (Assistant Recreation Director) were on hand.  The PDF of the Youth Commission presentation can be viewed here.

President Levesque announced the presentation by Kristy Senatori, Executive Director of the Cape Cod Commission, has been postponed. 

President Levesque announced that Mr. Ells’ Town Manager Communications for the period of February 17-March 2, 2023 have been recorded and were shown prior to this meeting.  Councilors had a number of questions for Mr. Ells who was joined by Director of Asset & Risk Management David Anthony and DPW Director Dan Santos in providing responses. The recorded version of Mr. Ells’ Town Manager Communications can be viewed here. Mr. Ells’ report can be viewed on-line and the itemized list is shared below:

  1. Remote meetings are currently authorized through March 31, 2023.  Yesterday, the House passed a redrafted version of the Governor’s supplemental budget bill which extends the authorization for remote meetings to March 31, 2025.  The bill now goes to the Senate.  We will keep you advised as this matter progresses at the state level.
  2. On Sunday, February 5th, Golf Division staff arrived to the Hyannis Golf Course Clubhouse at 6:45 AM to discover significant damage to the facility and an active water leak caused by a burst water pipe located on the top floor of the building. Staff secured the facility and is in the process of evaluating the extensive damages and formulating an action plan to restore the building. Due to the widespread damage, staff closed Hyannis Golf Course and opened Olde Barnstable Fairgrounds Golf Course, effective Monday, February 6, 2023. Staff is currently working to secure a temporary office trailer to enable us to open Hyannis Golf Course in March, when historically we would open Olde Barnstable Fairgrounds.
  3. Due to long awaited upgrades to our cable service, the Town of Barnstable’s Channel 18 may be down for intermittent periods of time during the week of March 6-10, 2023.  Please check the Town’s Calendar for meeting schedules and Zoom links: https://townofbarnstable.us/calendar.asp  The interruptions in service may also affect our Video on Demand service on the Town’s website.  You can view meetings through the Town of Barnstable Channel 18’s YouTube channel:  https://www.youtube.com/@BarnstableChannel18 
  4. The Board of Registrars met to discuss the Votes Act following the guidance of the Secretary of State’s office that early voting in-person is optional and requires a vote of the Registrars to request in-person early voting.  The decision of the Board of Registrars was unanimous that in-person early voting will not be offered in the 2023 local elections.  Please direct any question you may have to our Town Clerk, Ann Quirk.
  5. We are proceeding with the Budget Action Calendar for FY 2024 as scheduled.  The Capital Budget for FY 2024 and Capital Plan for FY24 to FY28 are scheduled to be submitted to the Town Council on March 6, 2023.  Public hearings on the CIP orders are scheduled to begin April 27, 2023.  The Town Manager hearing on proposed changes to fiscal year fees is scheduled for Tuesday, March 21st at 11:00 AM.  Details to follow.  The Superintendent of Barnstable Public Schools commenced FY2024 Operating Budget discussions with the School Committee last evening as per the budget calendar.  We encourage all to view the initial FY2024 budget summary presentation.   We have a scheduled workshop with Town Council on April 6, 2023 to continue the discussion regarding revenue sources to address the capital costs of implementing the Comprehensive Wastewater Management Plan.  For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  6. On February 15, 2023, a group of municipal officials met with Lieutenant Governor Kim Driscoll on the proposed regulatory changes to Title 5 and Watershed Permit regulations.  A second meeting with the Lieutenant Governor and the Department of Environmental Protection (DEP) is scheduled for March 3, 2023 to continue a discussion regarding comments and concerns expressed to Mass DEP about the proposed regulatory changes.  We do anticipate that Mass DEP will promulgate changes to the regulations in the future therefore discussions with Cape Cod communities is critical as the proposed changes have significant impacts on Cape Cod properties.  We will keep you advised of our progress on this matter.
  7. The following is an overview for Town Council of the Town Manager Grant of Locations Regulations Providing Standards for the Placement of Wireless Communication Facilities in the Public Rights of Way.  The Town Attorney’s Office with the assistance of outside expert legal counsel led the development of the regulations, with support from the Planning & Development Department.  An initial draft of the regulations was posted on the Town website and made available for public comment on June 30, 2022.  Attached is the link to the draft Grant of Location regulations. Town of Barnstable – Town Manager’s Office.  The authority to adopt and implement these regulations lies with the Town Manager.  The Town Manager will hold a hearing on these regulations on March 23, 2023 at 2:00 PM via Zoom.  These regulations provide application procedures and standards for the placement of wireless communication facilities in the public rights of way. The purpose of these regulations is to provide a uniform and comprehensive set of objective procedures and standards for the location, placement, installation, height, appearance and operation of personal wireless service facilities in the public ways to meet the needs of residents, business owners and visitors, while protecting public health and safety and the aesthetic character of the community, consistent with applicable state and federal requirements.  With these regulations, the Town seeks to maximize local control of wireless communications facilities in the public ways, while ensuring compliance with state and federal laws and requirements.  We will keep you advised as we progress through the review and approval of these draft regulations.
  8. As part our Asset Management Department’s ongoing effort to manage town-wide assets I recently approved three (3) property surplus declarations.

  These properties are located at:

  • 259 Barnstable Road, Hyannis
  • 30 Ocean Street, Hyannis; and
  • #164 Route 149, Marstons Mills

As per our internal policy, these properties were reviewed by all Directors and appropriate staff; and a land attorney assisted with Title certification for selected properties.  Signing the declaration of surplus clears the way for Asset Management and our Procurement office to prepare Request for Proposals (RFPs) for the disposition of surplus property via sale.  The properties located at 259 Barnstable Road, and 30 Ocean Street will be issued for disposal without restrictions.  The property located at 164 Route 149 in Marstons Mills has been restricted for affordable housing. You may recall that recently the Town Council acted to change the use on that property by dedicating it for Affordable Housing.  The RFP for 259 Barnstable Road will be posted next week, followed by the RFPs for 30 Ocean Street and 164 Route 149 this month.  The instructions, terms and conditions of the property sales will be contained in the RFPs, and as has been our practice in the past, we will send out notices to direct abutters informing them when the RFPs are issued.  The interested public will be able to find the RFPs on the Bid/RFP page on our Town website under our procurement office. Link provided: https://townofbarnstable.bonfirehub.com/portal/?tab=openOpportunities

  1. The Hyannis Fire and Barnstable Police Departments in collaboration with Town of Barnstable Safety Officer Megan Savage have been running a CPR/AED and First Aid public awareness campaign following a request by the Barnstable Newcomers Club after Buffalo Bills player Damar Hamlin’s medical event.  Ms. Savage in partnership with Hyannis Fire’s Capt. David Webb and Barnstable Police’s Officer Nolan O’Melia are working to help teach an awareness level of CPR, AED and Stop the Bleed. These are not certification classes.  Collectively roughly eight sessions, reaching approximately 200 residents of all ages, have been conducted to date with two sessions being at the Barnstable High School. The success of the initial programs has led to additional free awareness trainings on the first Wednesday of each month excluding summer and December months. Hyannis Fire staffs the class with at least four firefighters/EMTs/paramedics that assist in teaching skills and answering questions. Ms. Savage conducts the CPR demonstration and Officer O’Melia conducts the Stop the Bleed when they are able to attend. Firefighter Brendan MacDonald is the lead instructor and had put the training together. Classes are from 6:00-8:00 PM.  Anyone interested in participating in future programs can email or call to register: 508-775-1300 option 2 or info@hyannisfire.org.
  2. The Hyannis Main Street Business Improvement District (BID), in partnership with the Barnstable Planning & Development Department, is offering grants up to $8,000 to small businesses in downtown Hyannis for façade improvements. The grant program is available to all properties in the BID and Hyannis TDI District and eligible improvements include new signage, windows, planters, siding, doors, and awnings. Applications are due by the end of the day on Sunday, March 19th.  The total budget for the program is $115,000 and funding was provided through a Transformative Development Initiative (TDI) Local grant from the state, and a Regional Economic Development Organization (REDO) grant from the state via the Cape Cod Chamber of Commerce.
  3. Elizabeth Jenkins, Director of Planning and Development, will provide an update on our Local Comprehensive Plan.

The Council voted to Public Session Minutes: February 16, 2023.  Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.   There was no OLD BUSINESS. The Orders of the Day began with NEW BUSINESS. 

The Town Council voted to suspend the rules to allow Agenda Item 2023-137 to vote on the appointments in one reading.

AGENDA ITEM 2023-137 Appointments to a Board/Committee/ Commission: Comprehensive Financial Advisory Board: Christopher Lauzon, as a regular member to a term expiring 06/30/2025; Council on Aging: Melissa Alden, as a regular member to a term expiring 06/30/2025; Kathleen Strudwick, as a regular member to a term expiring 06/30/2024; Hyannis Main Street Waterfront Historic District Commission: Jennifer Hinckley, as a regular member to a term expiring 06/30/2023; Matt Clark, as a regular member to a term expiring 06/30/2025; Infrastructure and Energy Committee: Barry Sheingold, as a regular member to a term expiring 06/30/2025;  Recreation Commission: James O’Leary, as a regular member to a term expiring 06/30/2025; Youth Commission: Shalanda Grant, as a student member to a term expiring 06/30/2024; Megan Garthee, as a student member to a term expiring 06/30/2024 which was approved. 

DPW Director Santos presented AGENDA ITEM 2023-138 Authorization to expend a Fiscal Year 2023 grant from the Commonwealth of Massachusetts Seaport Economic Council in the amount of $1,000,000 for the reconstruction of the Bismore Park Marina Bulkhead which was approved.

AGENDA ITEM 2023-139 Order approving an Amendment to the 1992, 1995 and  1997 agreements between the Town and the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority received a First Reading and referred to a Second Reading on March 16, 2023.

AGENDA ITEM 2023-140 Appropriation Order in the amount of $34,500 for burial equipment for Department of Public Works Cemetery Program was referred to a Public Hearing on March 16, 2023.

EXECUTIVE SESSION The Town Council voted to enter into executive session and not return to public session pursuant to G.L. c. 30A, sec. 21(a) (3) to discuss strategy with respect to litigation since a discussion in open session may have a detrimental effect on the litigating position of the Town and Town Council.  Specifically, the Council will discuss the Notice of Intent to File Suit dated February 16, 2023, sent by the Conservation Law Foundation to the Town regarding claims under the Clean Water Act. The next regularly scheduled Town Council Meeting will be held on Thursday, March 16, 2023. The public is able to view through Comcast Channel 18 or Live Streaming on the Town of Barnstable’s website.  Real-time public comment may be addressed to the Barnstable Town Council utilizing the Zoom video link or telephone number and access meeting code which will be included on the Agenda.  Written Comments may be submitted to:  https://tobweb.town.barnstable.ma.us/boardscommittees/towncouncil/Town_Council/Agenda-Comment.asp.  The meeting Agenda will be available on the Town of Barnstable’s website (www.townofbarnstable.us).