Town Council Meeting – Thursday, October 7, 2021 

The October 7, 2021 Meeting of the Barnstable Town Council was conducted remotely and physically closed to the public.  Alternative public access was provided through Zoom.  Town Council Vice President Paula Schnepp opened the meeting by inviting Town Councilor Gordon Starr to lead the Pledge of Allegiance.  Town Councilor Jessica Rapp Grassetti offered the Moment of Silence for Peter Murray and former Town Councilor Rick Barry.  Both men were very active in the Village of Cotuit and will be greatly missed.  Next up was Public Comment and Council Response to Public Comment.  Town Manager Mark Ells presented his Town Manager Communications for period September 17-October 7, 2021:

  1. Elizabeth Jenkins, Director of Planning & Development, shall provide an update on the Local Comprehensive Plan.
  2. We are proceeding with the budget action calendar for FY 2023.  As noted in the Budget Action Calendar the annual joint meeting of Town Council and School Committee is scheduled for October 21, 2021.  We have issued the Capital and Operating Budget Instructions to the departments and are planning for a proposed level of service budget in FY 2023.  For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  3. On October 1, 2021, the Town of Barnstable asked a federal judge to dismiss a lawsuit brought by the Conservation Law Foundation (“CLF”) that threatens to undermine the Town’s efforts to implement a 30-year Comprehensive Wastewater Management Plan (“CWMP”) that will preserve and restore water quality in and around Barnstable.  I stated in a press release “The Town is fully committed to protecting and improving the environmental health of the waters surrounding Cape Cod.  To do so, the Town has begun investing over a billion dollars to implement its thirty-year plan to upgrade its wastewater infrastructure in order to protect Barnstable’s natural resources.  While we would prefer that CLF work with the Town as a partner toward achieving these important goals instead of diverting the Town’s resources from these efforts, we will vigorously defend against CLF’s misguided attempt to impose inapplicable federal requirements on our Town and its residents.”  We will keep you advised of our progress on this matter.
  4. We received notice from the Department of Housing and Community Development that the Town of Barnstable has been awarded a grant for $250,000 from the Housing Choice Communities grant program.  This grant is specifically for the sewer pump station at 720 Main Street Hyannis.
  5. As reported in previous Town Manager reports, I serve on the Commonwealth Community Cabinet (CCC) chaired by Lieutenant Governor Polito and attended a meeting on September 29, 2021. This cabinet provides an opportunity to convene a small group of state and local leaders for a focused conversation on the policy areas, programs, and resources of critical importance to the Commonwealth and cities and towns. The purpose of the CCC Municipal Work Group meeting scheduled was to provide an update on CCC FY22 programming, an overview of changes to the Compact Connector and associated webpages, and to review and discuss key policy areas for state and local ARPA funds.  I will keep you advised of future meetings and topics of discussion.
  6. We continue to have regular conversations with Vineyard Wind (VW) regarding the status of the Phase I and Phase II VW Projects.  VW continues to work with Barnstable staff regarding both Phase I & II of the project.  They have commenced construction on Phase I and are proceeding with permitting on Phase II.  We have continued our discussion with Vineyard Wind regarding an update to the existing Host Community Agreement (HCA) for Phase II and a potential Phase III.  There is a first read before Town Council this evening for a resolve authorizing the Town Manager to execute an amendment to the existing HCA to reflect the modification of the Phase II project.  There is a second reading planned for October 21, 2021.  We will continue negotiation with VW as previously authorized in 2019 on a Phase III project including a discussion of the proposed landing and cable routing.  We will keep you advised of our progress on this matter.
  7. The Town of Barnstable’s Department of Public Works continues sewer construction for the Strawberry Hill Road Sewer Expansion Project.  A new gravity sewer will be installed in portions of Craigville Beach Road, Strawberry Hill Road, Wequaquet Lane and Phinney’s Lane. Additionally, a new submersible pump station will be installed on a Town easement at the intersection of Strawberry Hill Road and Craigville Beach Road.  Construction will be coordinated with Vineyard Wind, which will be installing a duct bank and associated utility relocations in the same area as part of its offshore wind energy Phase 1 project. Upon the completion of both projects, Vineyard Wind will resurface disturbed roadways within the project area.  If you have any questions or wish to receive project updates, please contact Paul Ruszala, P.E., Senior Project Manager, at the Department of Public Works at 508-790-6400 or paul.ruszala@town.barnstable.ma.us.  More information about the Strawberry Hill Road Project and the Town of Barnstable’s CWMP is available at:  https://barnstablewaterresources.com/.
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  8. On October 1, 2021, I shared with the Town Council a technical report our Department of Public Works Water Supply Division prepared entitled “The Distribution and Composition of PFAS in Select Water Supply Wells and Surface Water Wells in Barnstable”.  This report is part of our ongoing evaluation for locations for future potential public water supply wells.  The existence of PFAS in lakes and ponds is a good indicator of the levels that may exists in the surrounding groundwater and therefore is of value when conducting an evaluation of future potential water supplies.  I will note that the findings of this report are under review by staff.  Though PFAS may not currently have regulatory limits in surface water bodies the Town of Barnstable has lead the efforts regarding managing Emerging Contaminants and thus anticipate proceeding with measures to do so even in the absence of said regulations.  We will keep you advised as we progress on this matter. 

Next was Communications.  There was no OLD BUSINESS. 

NEW BUSINESS began with Councilor Rapp Grassetti providing first readings for Agenda Items 2022-023 Appointments to a Board/Committee/Commission: Council on Aging; Disability Commission; Hyannis Main Street Waterfront Historic District Commission; and Planning Board; 2022-024 Reappointments to a Board/Committee/Commission: Disability Commission; and 2022-025 Amending the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, Section § 241-21, Board of Health which were moved to Second Readings on October 21, 2021.  Barnstable Police Chief Matthew Sonnabend presented Agenda Items 2022-026 Authorization to expend a Fiscal Year 2022 State 911 Department Emergency Medical Dispatch (EMD) Grant award in the amount of $20,566.86 from the Commonwealth of Massachusetts Executive Office of Public Safety and Security and  2022-027 Authorization to expend a Fiscal Year 2022 Municipal Road Safety Grant (MRS) award in the amount of $49,997.00 from the Executive Office of Public Safety and Security, Highway Safety Division which were approved.  Department of Public Works Director Dan Santos presented Agenda Item 2022-028 Authorization to expend a Coastal Zone Management (CZM) Fiscal Year 2022 Coastal Pollutant 

Remediation (CPR) Grant in the amount of $126,915.00 from the Commonwealth of Massachusetts which was approved.  Harbormaster Brian Taylor presented Agenda Item 2022-029 Authorization to expend a Fiscal Year 2022 Commonwealth of Massachusetts Executive Office of Technology Services and Security Grant in the amount of $62,779.94 for Radio Replacements in the Marine and Environmental Affairs Department which was approved.  Mr. Ells acknowledged Mr. Taylor and the Harbormaster staff on the eve of National Harbormasters Day (Friday, October 8, 2021).  DPW Director Santos presented 

Agenda Items 2022-030 Authorization to expend a Fiscal Year 2022 Seaport Economic Council Grant from the Commonwealth of Massachusetts, Executive Office of Housing and Economic Development in the amount of $256,800 for design and permitting of the Hyannis Harbor Dredging and 2022-031 Authorization to expend a Fiscal Year 2022 Seaport Economic Council Infrastructure Grant from the Commonwealth of Massachusetts, Executive Office of Housing and Economic Development in the amount of $465,600 for design and permitting of the Bismore Park Marina Improvements which were approved.  Town Manager Ells provided a general overview of Agenda Item 2022-032 Resolve authorizing the Town Manager to execute a First Amendment to the Host Community Agreement between the Town of Barnstable and Vineyard Wind, LLC, Dated October 3, 2018, and to execute a Second Host Community Agreement with Vineyard Wind, LLC for the project currently pending before the Commonwealth of Massachusetts, Department of Public Utilities in D.P.U. 20-56 and 20-57 and with the Energy Facilities Siting Board in EFSB-20-01 which received a First Reading and was referred to a Second Reading on October 21, 2021.  Town Clerk Ann Quirk presented Agenda Item 2022-033 Adoption of the 2020 Town of Barnstable Precinct Map which was approved. Agenda Item 2022-034 Amending the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning by expanding the Ground-Mounted Solar Photovoltaic Overlay District to include the property located at 810 Wakeby Road, Marstons Mills (Assessors’ Map 013 Parcels 004, 005, 052) and by requiring a special permit for large-scale Ground-Mounted Solar Photovoltaic Installations located within any Residential District located within the Overlay District received a First Reading and was referred to the Planning Board.  The next regularly scheduled Town Council Meeting will be held on Thursday, October 21, 2021. 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).