Town Council Meeting – Thursday, November 16, 2023
The November 16, 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 Xfinity Channel 8 or in High Definition on Xfinity Channel 1072 or live stream through the Town website. Town Council President Matthew Levesque called the meeting to order and Assistant Town Clerk Janet Murphy took the Roll Call. Next President Levesque led the Pledge of Allegiance and offered a Moment of Silence.
President Levesque presented Years of Service Recognition of Town Councilors
Jennifer Cullum (12 years)
Jessica Rapp Grassetti (12 years)
Eric Steinhilber (10 years)
Tracy Shaughnessy (4 years)
Nikolas Atsalis (3 years)
Paul Cusack (1 year)
The Councilors then shared their thanks and appreciation for the experience gained during their tenure.
Next was Public Comment which was followed by Council Response to Public Comment.
President Levesque took a couple of items out of order.
AGENDA ITEM 2024-071 Authorization to expend a Fiscal Year 2024 MassWorks Infrastructure Program Grant in the amount of $1,800,000 from the Commonwealth of Massachusetts, Executive Office of Economic Development for the design and implementation of the Great Streets Downtown Hyannis Plan. Director Jenkins’s PowerPoint may be viewed here.
Presented by Planning & Development Director Elizabeth Jenkins. The item was approved.
Councilors Eric Steinhilber and Jen Cullum recused themselves from the following item.
AGENDA ITEM 2024-072 Authorization to expend a Fiscal Year 2024 HousingWorks Infrastructure Grant in the amount of $1,379,840 from the Commonwealth of Massachusetts, Executive Office of Housing and Livable Communities for sewer improvements in support of housing in downtown Hyannis.
Presented by Planning & Development Director Elizabeth Jenkins. The item was approved.
Councilors Cullum and Steinhilber returned to the dais.
President Levesque announced that Mr. Ells’ Town Manager Communications for the period of November 1-14, 2023 had been pre-recorded and was shown on our Government Access Channel prior to the meeting. The recorded version of Mr. Ells’ Town Manager Communications may be viewed here and the itemized list is shared below:
- We want to thank Ann Quirk, Town Clerk, along with staff, poll workers and volunteers who participated in the November 7, 2023 election. Your efforts are greatly appreciated.
- We are proceeding with the budget action calendar for FY 2025. The Town Manager Calendar Year Fee Hearing was held at 11:00 AM on Tuesday, November 14th via Zoom. Please check the Town Website on the Town Manager webpage for notice and details. The proposed calendar year fees have been taken under advisement and comments will be accepted through December 13, 2023. After December 13th, the Town Manager will either approve the fees as proposed, reduce the proposed fee or not approve leaving the current fee unchanged. For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- Mark Milne, Finance Director, and Lane Partridge, Director of Assessing, will present the proposed tax levy shifting options for the Fiscal Year 2024 tax levy to the Town Council at the November 16th meeting. This includes an option to split the tax rate between the residential class of property and the commercial, industrial, and personal property classes (CIP). This option allows for shifting a larger portion of the tax levy to the CIP class from the residential class. The presentation will also include an illustration of the tax levy and tax bill impacts from the adoption of a residential exemption. This option shifts the tax burden within the residential class from owners of moderately valued residential properties to the owners of vacation homes, higher valued homes and residential properties not occupied by the owner, including apartments and vacant lands. After presenting the tax levy shifting options at the November 16th meeting, we anticipate scheduling the votes on both these items on the December 7th Town Council meeting. These votes are necessary to set the Fiscal Year 2024 tax rates and to issue the 3rd and 4th quarter tax bills by December 31, 2023.
- Eversource Energy is proposing to modify electric infrastructure located in Bourne, Sandwich, and Barnstable, Massachusetts. The following project changes would enable the operation of a previously approved transmission line between Bourne and Barnstable known as the Mid Cape Reliability Project. The proposed Project includes (a) operating and interconnecting the line between Bourne and Barnstable; (b) expanding the West Barnstable Substation for operation; and (c) constructing a new switching station in Bourne. The Siting Board will conduct a public comment hearing (a meeting where the public may provide input on the Projects) in hybrid format, allowing participation in person or remotely on: Tuesday, November 14, 2023, beginning at 6:30 PM. The in-person hearing location is the Tilden Arts Center, Cape Cod Community College, 2240 Iyannough Road, West Barnstable, MA 02668. The link to the state web site for this hearing is https://www.mass.gov/info-details/mid-cape-reliability-project-change. Charles McLaughlin, Senior Counsel for the Town, will be present at this hearing and it is our intent to file subsequent written comment.
- On November 7th, I met with the Secretary of Energy and Environmental Affairs Rebecca Tepper at her request. Barnstable is viewed as a leader in the Commonwealth on issues such as vulnerability preparedness and hazard mitigation planning. Secretary Tepper was seeking our input on coastal resiliency issues. The state office of Coastal Zone Management (CZM), in partnership with Executive Office of Energy and Environmental Affairs (EEA), is developing a “ResilientCoasts Plan” that will help guide coastal resilience policy and action as part of the 2023 Massachusetts Integrated State Hazard Mitigation and Climate Adaptation Plan (SHMCAP) effort. Now known as “ResilientMass,” SHMCAP is the Commonwealth’s strategy for reducing risk and building resilience to natural hazards and local impacts of climate change. A key ResilientMass commitment is for CZM to develop a coordinated, equitable, and effective coastal resilience strategy in partnership with coastal municipalities and other coastal stakeholders that will delineate geographic zones of climate vulnerability, identify climate resilient development standards and best practices for coastal adaptation, and develop management recommendations for these vulnerable areas. Barnstable was recently awarded a FY2024 Coastal Resiliency Grant from the Commonwealth of Massachusetts Coastal Zone Management in the amount of $92,579 for the design and permitting of the Sandy Neck Beach Facility Coastal Resiliency Project.
MUNICIPAL VULNERABILITY PREPAREDNESS PLAN
The Town of Barnstable is designated by the Commonwealth’s Executive Office of Energy and Environmental Affairs as a Municipal Vulnerability Preparedness (MVP) Community. The MVP program provides support for towns in Massachusetts to plan for and implement projects that mitigate the impacts of climate change and natural hazards.
The goal of the MVP planning process is to raise awareness about the dangers posed from natural hazards and identify priority actions to improve resilience to the significant natural hazards that the community faces. On March 29, 2019, during a day-long workshop, community participants worked with local and regional leaders to: characterize the hazards facing the community; identify community vulnerabilities and hazards; identify and prioritize community actions; and identify overall priority actions for the community.
Top Recommendations to Improve Resilience
- Make changes to zoning bylaws and regulations, including to reduce vulnerability of structures in the floodplain, grandfathered pre-1978 structures along the coast, and incentives for economic recovery.
- Achieve consensus on Sandy Neck coastal resiliency analysis and action plan.
- Develop and implement community-based education programs with an emphasis on positive solutions, targeting multiple demographics and seasons.
- Conduct a feasibility assessment for the vulnerable neighborhood of Millway/Barnstable Harbor, including an alternatives analysis for adaptation and retreat.
- Conduct a study to examine retreat or engineered solution to flooding in Hyannis Harbor and hospital area. (IN PROGRESS: FY24 MVP GRANT AWARDED)
Barnstable adopted the 2022 Barnstable Hazard Mitigation Plan (HMP) Update on September 15, 2022. The HMP is a planning document that is required by both FEMA and MEMA to be updated every 5 years. The purpose of the plan is to identify and profile the town’s risk and vulnerability to potential natural hazards. Specifically, this plan assesses the potential impacts of hurricanes, winter storms, shoreline change/coastal erosion, earthquakes, drought/wildfire, and dam failure and identifies properties, resources, and critical facilities which may be impacted by these hazard events. The plan identifies mitigation strategies and actions aimed at reducing the loss of or damage to life, property, infrastructure and natural, cultural, and economic resources.
We will keep you advised of further participation with the state on this matter.
- Kelly Collopy, Communications Manager for the Public Works Department, provided an update on Water Resource Management planning including the Comprehensive Wastewater Management Plan.
- Following Ms. Collopy, Elizabeth Jenkins, Director of Planning & Development, provided an update on Massachusetts OneStop for Growth Award Overview and Associated Initiatives.
- Following Director Jenkins, Mark Milne, Finance Director, provided a Review of Fiscal Year 2024 Tax Levy Allocation Options.
Assistant Town Manager Andy Clyburn responded to Councilor questions. The Public Comment period for the Dog Regulations has been extended to December 8, 2023.
Presentation on the Allocation of the Tax Levy – Adoption of a Residential Exemption and Residential Factor, Lane Partridge, Director of Assessing
Annual Update on Rental Registration Program – Brian Florence, Director of Inspectional Services and Building Commissioner, with assistance from Assistant Town Manager Clyburn and Jeff Carter, Deputy Building Commissioner.
The Council voted to approve Public Session Minutes: November 2, 2023.
Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.
President Levesque took AGENDA ITEM 2024-073 Resolve approving the Town Council Strategic Plan for Fiscal Years 2024-2025 out of order. Councilor Shaughnessy moved to amend the fourth bullet in the Diversity, Equity and Inclusion item to include DEI which was approved.
Presented by President Levesque. The amended item was approved.
The Town Council voted to extend the meeting beyond 11:00 PM.
President Levesque started the Orders of the Day.
OLD BUSINESS
AGENDA ITEM 2024-060 Appropriation and Transfer order in the amount of $2,500,000 in Community Preservation Act Funds to increase the number and availability of community housing units in the Town of Barnstable.
Presented by Assistant Town Manager Andy Clyburn, Planning & Development Director Elizabeth Jenkins, and Senior Counsel Charles McLaughlin. Community Preservation Committee Chair Lindsey Counsell, Finance Director Mark Milne, and Trust Coordinator Jillian Douglas were on hand to answer questions. The PowerPoint presentation for this item may be viewed here. The item was approved.
Councilor Jessica Rapp Grassetti recused herself from this item.
AGENDA ITEM 2024-061 Appropriation and Transfer Order in the amount of $1,825 in Community Preservation Historic Preservation Funds for the restoration and preservation of the historic artifact known as the German POW Bottle.
Presented by Community Preservation Committee Chair Lindsey Counsell and Cindy Nickerson from the Historical Society of Santuit & Cotuit. The PowerPoint presentation for this item may be viewed here. The item was approved.
Councilor Rapp Grassetti returned to the dais.
NEW BUSINESS
AGENDA ITEM 2024-062 Resolve ratifying the Town Manager’s reappointments and appointments to the Local Comprehensive Planning Committee:
New appointments:
Alyssa Chase, Marstons Mills; Katia DaCunha, Hyannis; and Asia Graves, Barnstable
Reappointments:
Amanda Converse, Marstons Mills; Lindsey Counsell, Centerville; Mark Hansen, Centerville; Meaghan Mort, Marstons Mills; Wendy Northcross, West Barnstable; Frances Parks, Cotuit; Cheryl Powell, Centerville; Avery Revere, Barnstable Village; Susan Rohrbach, Centerville; Robert Twiss, Osterville; and Jennifer Williams, Osterville.
Presented by Planning & Development Director Elizabeth Jenkins. The item was approved.
AGENDA ITEM 2024-063 … Transfer order in the amount of $20,000 for the Public Works Department Operating Expenses Budget.
Presented by DPW Director Dan Santos. The item was approved.
AGENDA ITEM 2024-064 Authorization to expend a Fiscal Year 2023 grant in the amount of $13,600 from the Massachusetts Executive Office of Elder Affairs to support digital literacy efforts of the Barnstable Adult Community Center.
Presented by Community Services Director Christopher Gonnella. The item was approved.
AGENDA ITEM 2024-065 Authorization to expend a Fiscal Year 2024 Safe Routes to School “Signs & Lines” Grant from the Massachusetts Department of Transportation in the amount of $10,000 for improving pedestrian and bicycle crossing safety on Route 28 near Barnstable Intermediate School.
Presented by DPW Director Dan Santos. The item was approved.
AGENDA ITEM 2024-066 Resolve approving an amendment to an existing conservation restriction held by the Massachusetts Department of Fish and Game upon land owned jointly by the towns of Mashpee and Barnstable so that the conservation restriction will cover an additional 15.24± acres of land following the town’s purchase of a half interest in the 15.24± acres from the town of Mashpee.
Presented by Assistant Town Attorney Kate Connolly. The item was approved.
AGENDA ITEM 2024-067 Allocation of Tax Levy Fiscal Year 2024 – Residential Exemption was referred to a Public Hearing on 12/07/2023.
AGENDA ITEM 2024-068 Allocation of Tax Levy Fiscal Year 2024 – Tax Factor was referred to a Public Hearing on 12/07/2023.
AGENDA ITEM 2024-069 Authorization to expend a Fiscal Year 2024 Cultural District Grant in the amount of $15,000 from the Massachusetts Cultural Council’s Cultural District Grant Program for the Barnstable Village Cultural District.
Presented by Planning & Development Director Elizabeth Jenkins. The item was approved.
AGENDA ITEM 2024-070 Authorization to expend a Fiscal Year 2024 Cultural District Grant in the amount of $15,000 from the Massachusetts Cultural Council’s Cultural District Grant Program for the Hyannis HYArts Cultural District.
Presented by Planning & Development Director Elizabeth Jenkins. The item was approved.
President Levesque shared that Town Manager Mark Ells received a 4.9 out of 5 for his Town Manager Performance Review.
The next regularly scheduled Town Council Meeting will be held on Thursday, December 7, 2023. The public is able to view through Xfinity High Definition Channel 1072 (or Xfinity Channel 8) 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).
