The October 24, 2024 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 1070 or in High Definition on Xfinity Channel 1072 or via the live stream through the Town website. Town Council Vice President Craig Tamash chaired the meeting and called the meeting to order. Town Clerk Ann Quirk took the Roll Call.
Town Councilor Charles Bloom introduced Colonel (RET) Stephen Waller to lead the Pledge of Allegiance. Stephen Waller grew up in farm country in northwest Missouri before attending MIT. He was married in Centerville in 1972, a few months before his commissioning into the Air Force. In the Philippines, he commanded a portable hospital that deployed to Korea for nine weeks, then provided care for over 10,000 indigent Filipinos in a humanitarian exercise. As a flight surgeon, he provided care for seriously ill patients on helicopter evacuations and brought an ICU patient out of Shanghai during those Cold War times. In San Antonio, he became the senior Air Force ophthalmologist, chief of the largest eye department in DoD, and consultant to the Surgeon General. He performed the first laser refractive surgery on an active-duty member. On 9/11, he was working directly for the Surgeon General in Washington and led the worldwide planning for medical force laydown for Operation Enduring Freedom. He then was assigned to Germany, where he led planning for the medical forces and gear needed for Operation Iraqi Freedom. As a Colonel, he completed an honorable career in 2004. He taught global health at DoD’s medical school in Bethesda for ten years before returning to Centerville in 2017. He authored over 100 scientific publications, including three books and 12 book chapters. He has given over 60 invited lectures on all six continents and performed and taught eye surgery in 16 countries. Today he serves on Barnstable’s Board of Health.
Town Councilor Kris Clark offered a Moment of Silence in honor of Rev. Msgr. John A. Perry who was the former pastor of Our Lady of Victory (OLV) in Centerville who passed away this week. He was in charge of not only OLV, but also Our Lady of Hope and Our Lady of Assumption for the Catholic Community in our Town. Rev. Msgr. Perry was reassigned after serving 15 years as pastor in the Town of Barnstable. In retirement he continued to say weekend masses and drove to the Cape to bury his old parishioners. Rest in God’s Peace, Msgr. Perry.
The Town Council entered into Executive 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 Town will discuss the lawsuit filed against the Town in July 2024 by the Conservation Law Foundation regarding claims under the Federal Clean Water Act.
Next was Public Comment.
Council Response to Public Comment followed.
JOINT MEETING WITH SCHOOL COMMITTEE
School Committee Meeting – Call to Order and Roll Call
Joint meeting of the Town Council and School Committee to review the financial condition of the town, revenue and expenditure forecasts and other relevant information in order to develop a coordinated budget
Financial Condition of the Town of Barnstable presented by Finance Director Mark Milne
PowerPoint may be viewed here.
Adjournment of School Committee Meeting
Councilor Starr announced that Town Manager Communications for the period of October 9-22, 2024 had been pre-recorded by Town Manager Mark Ells and was shown on our Government Access Channel prior to the meeting. The recorded version of Mr. Ells’s Town Manager Communications may be viewed here and the itemized list is shared below:
- An updated budget calendar for the Fiscal Year 2026 Operating Budget and Capital Improvements Plan is attached. We have begun our Capital and Operating Budget preparation with budget instruction scheduled issued to staff in September. Town Council is scheduled to conduct a joint meeting with the School Committee on October 24, 2024 in accordance with the Town Charter to review financial conditions and financial policies of the Town. Mark Milne, Director of Finance, has provided an update on the Town’s Financial Condition for the Joint Meeting of the Town Council and School Committee. It is available on Video on Demand: https://streaming85.townofbarnstable.us/CablecastPublicSite/show/11358?channel=1 and YouTube: https://youtu.be/0krYFHuC9E0. There is also a link to the PowerPoint on the Town Council webpage: https://tobweb.town.barnstable.ma.us/TownCouncilCommunications/2024-10-24%20FY25%20Update%20on%20the%20Financial%20Condition%20of%20the%20Town.pdf.
- At the November 7th Town Council meeting the Finance Department will present the FY 2025 tax levy shifting options. The objective of the presentation is to illustrate the impact on tax bills when deciding on a minimum residential factor, commonly referred to as splitting the tax rate, and the adoption of a residential exemption. The Fiscal Year 2025 property values are currently being updated and the presentation will include the proposed values, subject to the MA Department of Revenue (DOR) review and approval. The proposed values could change slightly but should not have a significant impact on the tax rate or tax levy. Property values must be approved by the DOR before the Town Council can vote on these two options. We anticipate the approval of the Fiscal Year 2025 property values before the November 21st Town Council meeting. We anticipate including these two votes on the November 21st agenda for Town Council action.
- As previously reported, on September 10, 2024, I sent two letters regarding the recent Vineyard Wind turbine blade failure. One letter was sent to the Bureau of Ocean Energy Management (BOEM) expressing concern about the impacts of the turbine failure on the marine environment and the lack of information provided to date on the impacts by regulatory agencies overseeing the project. The other letter was sent to the Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA) asking questions regarding many areas of concerns including state jurisdiction on the matter to public safety risk on our beaches. On October 7, 2024 I met with State officials regarding the letter sent to EOEEA and on October 11, 2024, I received a letter from BOEM (attached) regarding the letter sent with an offer of a “virtual briefing to discuss processes for off shore wind development and actions in response to the Vineyard Wind blade incident”. I am coordinating a response to the offer of a virtual briefing with Town Council leadership and Town legal staff. I will keep you advised as this matter progresses.
- On July 18, 2024 Town Council voted to approve item 2024-240 APPROPRIATION ORDER IN THE AMOUNT OF $1,150,000 IN COMMUNITY PRESERVATION ACT FUNDS AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 211 CEDAR TREE NECK ROAD, MARSTONS MILLS, FOR OPEN SPACE AND RECREATION PURPOSES. It was ORDERED: That, pursuant to the provisions of the Community Preservation Act, G. L. c 44B, the amount of Four Hundred and Fifty Thousand Dollars ($450,000) be appropriated from the amount set-aside for Open Space and Recreation and the amount of Seven Hundred Thousand Dollars ($700,000) be appropriated from the Undesignated Fund within the Community Preservation Fund for the purpose of acquiring property located at 211 Cedar Tree Neck Road, Marstons Mills, Assessors’ Map 076, Parcel 025 (the “Property”), for open space and recreation purposes. It was further ordered that the Town Manager, on behalf of the Town, is hereby authorized to expend the amounts appropriated and to take or acquire the Property, through a negotiated transaction, subject to oversight by the Community Preservation Committee, and to negotiate, accept, approve, execute, receive, deliver and record any written instruments to effectuate this Order and complete the transaction. Prior to the Town making an offer to purchase the seller(s) accepted another offer to purchase. Therefore, the funds will not be used for the purchase of the Property and will be returned to the Community Preservation Act Fund.
- Sara Ahern, Superintendent of the Barnstable Public Schools, will provide an update on maintaining healthy indoor air quality at Barnstable United Elementary School and throughout Barnstable Public Schools.
- Chris Gadd, Communications Assistant for the Department of Public Works, will provide an update on Water Resource Management Planning including the Comprehensive Water Management Plan. Mr. Gadd’s PowerPoint presentation may be viewed here.
The Council voted to approve Public Session Minutes: October 10, 2024.
Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.
Town Councilor John Crow joined the meeting via Zoom.
Town Attorney Karen Nober explained that the proposed votes included in the agenda were alternative votes for the Council’s consideration, meaning the Council would not take a vote on all of them, and noted that any Councilor could make a different motion or the Council could choose to take no action. She explained that proposed Votes 1-3 all opposed the project, but Vote 1 was the narrowest and Vote 3 was the broadest. She stated that if the Council chose to move forward with Vote 3 she had additional language she would offer to provide context for that vote and make it stronger. She informed the Council that if the Council voted no on any particular motion, they could then make a new motion and take another vote.
Proposed Votes (Resolves) for the Council’s consideration:
- To oppose the New England Wind 2 project (formerly, Commonwealth Wind), as currently proposed with a landing at Dowses Beach;
- To oppose the New England Wind 2 project (formerly, Commonwealth Wind) if proposed to have any landing at Town-owned property in the Town of Barnstable;
(3) To oppose the New England Wind 2 project (formerly, Commonwealth Wind) if any portion of the project infrastructure is proposed to be located within the Town of Barnstable;
(4) To direct the Town Manager to commence negotiations for a Host Community Agreement with the project proponent for the New England Wind 2 project (formerly, Commonwealth Wind)
A motion was made to oppose the New England Wind 2 project (formerly, Commonwealth Wind), as currently proposed with a landing at Dowses Beach (proposed vote #1), and that motion was approved by a vote of 7-5.
FOLLOW UP TO PRIVATE ROADS PRESENTATIONS
Town Attorney presented a Proposed Vote:
WHEREAS, there are approximately 1,100 private roads in the Town of Barnstable, the maintenance of which is the responsibility of the private owners and not the Town; and
WHEREAS, in general, the Town’s private roads are not maintained to the same standard as the Town’s publicly owned roads, resulting in disparities for certain residents of the Town; and
WHEREAS, past direction from the Town Council has been for the Town not to pursue ownership of the private roads in the Town for financial and other reasons; and
WHEREAS, the Town Council now seeks to take a different approach with respect to the private roads in the Town;
NOW, THEREFORE, BE IT RESOLVED: That the Town Council hereby states its intention to consider the layout and acceptance of the following categories of private roads:
- Newly created roads;
- Roads that are impacted by the implementation of the Town’s Comprehensive Wastewater Management Program;
- Primary and collector roads;
- Roads that were the subject of the Town’s Temporary Repairs to Private Roads Program;
- Any other private roads;
provided that the layout and acceptance of any specific road or roads shall require a vote of the Town Council; and provided further, that the Town Council hereby directs the Town Manager to prepare a Layout and Acceptance Policy and Procedures for Town Council review and approval, which shall include, but not be limited to, recommendations regarding the prioritization and timing of the layout and acceptance of the Town’s private roads based on the categories set forth above, with the goal of ensuring fair and equitable treatment of the residents of the Town, while balancing the competing needs for financial resources within the Town.
The item was approved.
Orders of the Day.
OLD BUSINESS
Town Councilor Paul Neary recused himself from Agenda Item 2025-017.
AGENDA ITEM 2025-017 Designation of the Hyannis District Improvement Financing Development District to be located in Downtown Hyannis and approval and adoption of the Development Program.
Presented by Community & Economic Development Planner Kyle Pedicini and Planning & Development Director Jim Kupfer.
Councilor Jeffrey Mendes’ motion to amend the composition of the DIF Advisory Committee as set forth in the Master Plan by adding Town Councilors from Precincts 8, 9 and 13; an at-large business member from outside of the Hyannis Main Street Business Improvement District; two Hyannis residents from Precincts 8, 9, and 13; and a member of the Hyannis Main Street Historic District Commission was approved. Councilor Kris Clark’s motion to have the non-Councilor appointments go through the Appointments Committee was approved.
The item as amended was approved.
Councilor Neary returned to the dais.
AGENDA ITEM 2025-027 Appropriation and Loan Order in the amount of $3,826,327 and authorization to contract for and expend a grant in the amount of $2,833,849 from the Commonwealth’s Executive Office of Energy and Environmental Affairs for the Sandy Neck Beach Facility Coastal Resiliency Project.
Presented by Natural Resources Director and Sandy Neck Beach Park Manager Nina Coleman who was joined by Marine & Environmental Affairs Director Derek Lawson and Sandy Neck Board Members Tom O’Neil (Chair), Pete Sampou, Rich French, Bill Carey, Maureen Piccione, and Rene King. The item was approved.
The PowerPoint presentation may be viewed here.
Taken out of order: AGENDA ITEM 2025-042 Authorization to contract for and expend a Fiscal Year 2025 Coastal Resiliency Grant from the Commonwealth of Massachusetts Coastal Zone Management in the amount of $90,542 for the design and permitting of the Sandy Neck Beach Facility Coastal Resiliency Project.
Presented by Natural Resources Director and Sandy Neck Beach Park Manager Nina Coleman. The item was approved.
Town Councilor Seth Burdick left the meeting.
AGENDA ITEM 2025-029 Appointments to a Board/Committee/Commission: Licensing Authority: John Murphy, as an associate member to a term expiring 06/30/2027.
The items was approved.
AGENDA ITEM 2025-030 Reappointments to a Board/Committee/Commission: Board of Health: Dan Luczkow, MD. as a regular member, to a term expiring 06/30/2027; Paul Canniff, as a regular member to a term expiring 06/30/2027.
The item was approved.
Taken out of order AGENDA ITEM 2025-037 Appointments to a Board/Committee/Commission: Airport Commission: Margarete Maillho, as a regular member to a term expiring 06/30/2027; Board of Health: Christine Beer, as a regular member to a term expiring 06/30/2027; Human Services Committee: Kevin Matthews, as a regular member to a term expiring 06/30/2027; Mid Cape Cultural Council: Beverly Parke, as a regular member to a term expiring 12/31/2026; Steamship Authority Port Council: Greg Egan, as a representative member from Barnstable to a term expiring 12/31/2025; Waterways Committee: Jacob Angelo, as a regular member to a term expiring 06/30/2025; Zoning Board of Appeals: Rodney Tavano, as an associate member to a term expiring 06/30/2027.
The item was approved.
AGENDA ITEM 2025-032 ……. Appropriation Order in the amount of $33,000 in Community Preservation Historic Preservation Funds to the Historical Society of Santuit and Cotuit for Phase II of the Restoration and Preservation of the Dottridge Homestead Located at 1148 Main Street, Cotuit.
Presented by Community Preservation Committee Chair Lindsey Counsell and Scott Berkey, a member of the Historical Society joined by Historical Society Vice President Molly DeMello. The item was approved.
The PowerPoint presentation may be viewed here.
AGENDA ITEM 2025-035 Appropriation Order in the amount of $80,000 for the Solid Waste Facility Landfill Infiltration Basin No. 1 Swale Repairs Project.
Presented by DPW Director Dan Santos. The item was approved.
NEW BUSINESS
AGENDA ITEM 2025-034 Order authorizing a second amendment to the Intergovernmental Agreement between the Town of Barnstable and Barnstable County for dredging services received a First Reading and was referred to a Second Reading on 11/07/2024.
AGENDA ITEM 2025-039 Authorization to contract for and expend a Federal Fiscal Year 2024 Patrick Leahy Bulletproof Vest Partnership Grant in the amount of $10,222.02 from the United States Department of Justice Office of Justice Programs.
Presented by Barnstable Police Chief Jean Challies. The item was approved.
AGENDA ITEM 2025-040 Authorization to contract for and expend a Fiscal Year 2025 Municipal Road Safety Grant in the amount of $60,000 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security.
Presented by Barnstable Police Chief Jean Challies. The item was approved.
AGENDA ITEM 2025-041 Transfer Order in the amount of $800,000 from Town Council Order 2022-045 to Town Council Order 2019-145 for the purpose of funding design and permitting of the Phinney’s Lane Neighborhoods Sewer Expansion Project.
Presented by DPW Director Dan Santos. The item was approved.
AGENDA ITEM 2025-043 Supplemental Appropriation Order in the amount of $25,000 for the purpose of paying outside counsel expenses of the Legal Department was referred to a Public Hearing on 11/07/2024.
AGENDA ITEM 2025-044 Appropriation Order in the amount of $2,600,000 for the purpose of acquiring real property consisting of approximately 10.4± acres of land in Cotuit, as shown on Assessors Map 037, Parcel 010, for general municipal purposes referred to a Public Hearing on 11/07/2024.
The next regularly scheduled Town Council Meeting will be held on Thursday, November 7, 2024. The public is able to view through Xfinity High Definition Channel 1072 (or Xfinity Channel 8 or 1070) 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).
