Town Council Meeting – Thursday, August 15, 2024

The August 15, 2024 Meeting of the Barnstable Town Council was conducted in person. The meeting started about 15 minutes late because they did not have quorum. 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 called the meeting to order. Town Clerk Ann Quirk took the Roll Call.

Town Council Vice President Craig Tamash introduced Robert Jones to lead the Pledge of Allegiance. Bob Jones was born and raised in Hyannis and is a 12th generation Cape Codder.  He received his Eagle Scout Award at the age of 13 and has followed its precepts of serving God and Country ever since.   Bob entered into politics in 1973 when he was elected to the Park and Recreation Commission and served as its chairman eight of his ten-year tenure.  Since that time, he has served on numerous boards and committees, and chaired the Waterways Committee for ten years until being elected to the Town Council. Today he serves on the JFK Memorial Trust Fund Committee, and he has served as the Town of Barnstable’s representative to the Steamship Authority for twenty-three years.  Currently, he is Chairman of the Board.

Bob was drafted into the United States Army in December of 1963, and he was assigned to the 2nd battalion of the 7th cavalry of the 1st Air Cavalry Division. On July 29, 1965, President Lyndon B. Johnson announced to the world that he was sending the 1st Air Cavalry Division to Vietnam and Bob said his life went to hell from there.

They had no sleep for three days and were exhausted from the battle. They walked about four miles overland through the elephant grass and jungle to LZ Albany. The battalion was a little over 300 strong and they unexpectedly ran into an ambush of 1200 PVAN troops from the elite 33rd and 66th regiments of the People’s Army of Vietnam.  The battle started about 1: 15 PM in the afternoon, and by night fall, 155 young American soldiers lay dead on the battlefield and134 were wounded.  By the grace of God, Bob was unscathed but not unwounded.  Noone went home from Vietnam the same young man they once were before Vietnam.

The battle in the Ia Drang Valley was the first major battle of the Vietnam war and inspired the book “They Were Soldiers Once….and Young.”  From the book Paramount Pictures created a movie of the same name starring Mel Gibson and Sam Elliot.

Bob has had many speaking engagements from Beechwood Cemetery to the National Cemetery in Chattanooga, Tennessee.  Bob was honored by The Greatest Generations Foundation when he was selected to accompany six other members of the 7th Cavalry to return to Vietnam on a ten-day trip to the battlefield and stand on the very spot where so many of their brothers fought and died in the valley.

Through his pilgrimage, honors continue to follow him from accompanying centennial WWII heroes back to the beaches of Normandy where they bravely fought on D-Day on June 6, 1944.  And at another time, he received an invitation to the White House to honor Rick Rescorla who had fought with him in Vietnam and was being awarded the Presidential Citizenship Award by President Trump after saving some 2,000 employs from certain death in the 2nd Tower of the World Trade Center, Rick died that day along with four others. And finally, to be standing here today is humbling and an honor to lead the Pledge of Allegiance Flag with all of you here tonight.  Bob is proud of to be an American veteran.

Vice President Tamash offered a Moment of Silence for Marilyn Fifield, Lucien Poyant, and George Jessop.

Next was Public Comment.

The Council voted to approve Public Session Minutes:  July 18, 2024.

Vice President Tamash announced that Town Manager Communications for the period of July 17-August 13, 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:

  1. I plan to withdraw 2025-006 a Supplemental Appropriation Order in the amount of $35,000 proposed for the purposes of paying for outside counsel expenses of the Town Legal Department. These funds were proposed to allow the Town Legal Department to work with outside counsel to develop a legal strategy to oppose the planned landing of cable from an offshore wind project at Dowses Beach in Osterville.  Town Council has a scheduled workshop on August 15, 2024, to receive a briefing from legal department on the status of that project and to discuss future potential action by the Town relative to that matter.
  2. On July 30, 2024, I received an email from John Cox, President of Cape Cod Community College, as follows: Monday, July 29, marked a truly historic moment in our college’s history, and the history of public higher education in Massachusetts, with Governor Maura Healey’s signing of the FY2025 State budget.  This landmark legislation enacts universal free community college across the Commonwealth. The new program, MassEducate, pairs with the existing MassReconnect program to allow all Massachusetts residents who have not yet earned a Bachelor’s degree the ability to attend community college for free.  Under this model, students must complete the Free Application for Federal Student Aid (FAFSA).  Massachusetts will cover any remaining balance after applying all federal aid and grants determined through FAFSA and scholarships awarded.  Last year, the elimination of financial barriers for our students aged 25 and older proved transformative. Cape Cod Community College welcomed 1,444 students who attended tuition-free: 933 received a combination of federal aid, grants, scholarships, and MassReconnect funding, while 511 attended entirely on federal aid, grants, and scholarships. The introduction of free college without age restrictions promises to create even more opportunities, allowing students to pursue their higher education goals and improve their lives and the lives of their families.  To learn more about free college in Massachusetts, including eligibility for the program, please see capecod.edu/free/.
  3. A budget calendar for the Fiscal Year 2026 Operating Budget and Capital Improvements Plan will be prepared and issued by the end of August. We begin Capital and Operating Budget preparation discussions in September.  Town Council conducts a joint meeting with the School Committee typically in October in accordance with the Town Charter to review financial conditions and financial policies of the Town.  The Town Council Strategic Plan is a fundamental part of the basic assumptions and will be used as policy guidance in staff’s development in the FY 2026 Capital and Operating Budgets.
  4. The Healey-Driscoll Administration announced that the Town of Barnstable will receive a $42 Million Award for Barnstable Renewable Powered Microgrid Project. The award is from the U.S. Department of Energy’s (DOE) Transmission Siting and Economic Development (TSED) grant program, which is funded by the Inflation Reduction Act. The Town, through Sean Hogan, our Environmental and Sustainability Manager, partnered with the Department of Energy Resources (DOER) to apply for this grant. Working with DOER, we are in the process of reviewing the grant award documents to fully understand the obligations within this grant and to determine the future reporting requirements associated with this project.  When we have a more thorough understanding of the terms and conditions of the grant, we will bring forward a formal presentation to the Town Council for acceptance.  This project, when implemented, is expected to lower energy costs, improve indoor air quality and Strengthen Climate Resilience for the Town. As has been reported by the State and by local information outlets, the microgrid will include Barnstable High School, Intermediate School and Barnstable Adult Community center install a renewable-powered microgrid at the Barnstable High School and Intermediate School Complex, serving over 2,400 students.
  5. Beach Operations & Update. As summer winds down, the Town has begun consolidating beach operations.  In addition to the previous lifeguard reductions at Sandy Neck, Loop and Hathaway’s Pond, the last day for lifeguards at the following beaches is listed below:

Kalmus Beach:  Thursday, August 15th

Veteran’s Beach:  Saturday, August 17th

Dowse’s Beach:  Tuesday, August 20th

Covell’s Beach:  Thursday, August 22nd

  1. We continue to closely monitor our beaches and waterways for any signs of debris resulting from the Vineyard Wind turbine incident. Marine Environmental Affairs and Community Services personnel are prepared to respond accordingly. We urge any member of the public that spots any debris in the water or onshore to report it to the Debris Reporting Hotline 833-609-5768.

 

  1. We encourage residents and visitors to download the MyBarnstable app from the Apple or Google Play store. The app provides updates on a wide range of information in Town including traffic advisories, beach updates, Sandy Neck off-road availability, and more.

 

  1. On Wednesday, August 14, 2024, the Barnstable Police Department along with Hyannis, COMM, Cotuit, Barnstable, and West Barnstable Fire Departments will be hosting the 27th Annual Kids Day Celebration at Barnstable High School from 10:00am – 2:00pm.  The free event will include demonstrations and displays from several fire departments and law enforcement agencies.  There will be hot dogs, ice cream, and drinks as well as a number of fun activities.  The day kicks off with a parade of emergency vehicles and bagpipes at the east end of the school near the football field promptly at 10:00am.  Everyone is welcome!

 

  1. Town Clerk Ann Quirk provides a summary of the primary election vote by mail and in person voting.

 

  1. James Kupfer, Interim Director of Planning and Development Department will provide an update on the Local Comprehensive Plan and the Greening the Gateway Program

 

  1. Kelly Collopy, Communications Manager for the Public Works Department, will provide an update on Water Resource Management planning including the Comprehensive Wastewater Management Plan.

ANNOUNCEMENT REGARDING EXECUTIVE SESSION MINUTES

Announcement on the review and determinations on the following Executive Session minutes:

January 18, 2024, litigation strategy regarding Park City Wind LLC’s proposed offshore renewable wind project in the Town

February 1, 2024, litigation strategy regarding Park City Wind LLC’s proposed offshore renewable wind project in the Town

 

DELEGATION OF OPEN MEETING LAW COMPLAINT

Proposed Vote: To delegate to the Town Attorney responsibility for responding to the following Open Meeting Law Complaints submitted to the Town Council President and Town Clerk:

Four complaints submitted by Maria and Greg Gerdy dated July 21, July 22, July 25 and July 27, 2024

One complaint submitted by Brian Koelbel dated July 23, 2024

 

Orders of the Day

 

OLD BUSINESS

AGENDA ITEM 2025-001               Appropriation and Loan Order in the amount of $227,000 for the purpose of funding Temporary Repairs to Harbor View Road in the Village of Barnstable pursuant to Temporary Repairs to Private Roads Program for Certain Private Roads (Public Hearing) (Roll Call 2/3 Full Council)

Presented DPW Director Dan Santos. The item was approved.

 

AGENDA ITEM 2025-002               Appropriation and Loan Order in the amount of $321,000 for temporary repairs to Otter Lane in the Village of Barnstable pursuant to Temporary Repairs to Private Roads Program for Certain Private Ways (Public Hearing) (Roll Call 2/3 Full Council)

Presented by DPW Director Dan Santos. The item was approved.

 

AGENDA ITEM 2025-005                Order authorizing a Housing Development Incentive Program Tax Increment Exemption Agreement between the Town of Barnstable and BRATT, LLC for 36 new market rate residential rental units located at 199 Barnstable Road, Hyannis, MA 02601(May be acted upon) (Majority Vote)

After the item was read in, Interim Director of Planning and Development Jim Kupfer explained that the TIE agreement that was part of the vote needed to be amended to make one substantive change and some minor amendments to make the agreement consistent with what the state requires.  The Vice President asked for a motion to amend Item 2025-006 to amend Section 4B of the TIE agreement to change “60% Years 11-20” to “55% Years 11-20” and to authorize the Town Attorney’s Office to make other minor amendments that may be needed.  Someone made that motion (I don’t know who), someone else seconded it (again, I don’t know who), and the Council approved the amendment.  After discussion on the item, the Council voted to approve the item, as amended.

Presented by Interim Director of Planning & Development James Kupfer. The item was approved.

 

Prior to public comment, Vice President Tamash announced that Town Manager Ells was withdrawing Item No. 2025-006, which was an appropriation request for funding for outside counsel to assist the Town in opposing the New England Wind 2 (formerly, Commonwealth Wind) offshore renewable wind project proposed to land at Dowses Beach.  Town Manager Ells confirmed that he was withdrawing that item, and Vice President Tamash announced the item was withdrawn.

AGENDA ITEM 2025-006 Supplemental Appropriation Order in the amount of $35,000 for the purpose of paying outside counsel expenses of the Legal Department (Public Hearing) (Roll Call Majority Full Council)

 

NEW BUSINESS

AGENDA ITEM 2025-007                Authorization to contract for and expend a Fiscal Year 2025 MassTrails Grant from the Commonwealth of Massachusetts in the amount of $400,000 for design and associated services to advance the Cape Cod Rail Trail Phase 4 extension in the Town of Barnstable (May be acted upon) (Majority Vote)

Presented by DPW Director Dan Santos. The item was approved.

 

AGENDA ITEM 2025-008                Authorization to contract for and expend a Fiscal Year 2024 Jail/Arrest Diversion Program Co-responder Grant in the total amount of $185,000 from the Commonwealth of Massachusetts, Department of Mental Health (DMH) (May be acted upon) (Majority Vote)

Presented by Jeanne Challies, Barnstable Chief of Police. The item was approved.

 

AGENDA ITEM 2025-009                Reappointments to a Board/Committee/Commission: Comprehensive Financial Advisory Committee: Hector Guenther, as a regular member to a term expiring 06/30/2027; Council On Aging: John Jope, as a regular member to a term expiring 06/30/2027; Kathleen Strudwick, as a regular member to a term expiring 06/30/2027; Disability Commission: Sheila Mulcahy, as a regular member to a term expiring 06/30/2027; Lori Gillen, as a regular member to a term expiring 06/30/2027; Housing Committee: Emily Cornett, as a regular member to a term expiring 06/30/2027; Evan Gaudette, as a regular member to a term expiring 06/30/2027; Donald Lynde, as a regular member to a term expiring 06/30/2027; Hyannis Main Street Waterfront Historic District Commission: Tom Doherty, as a Hyannis Business District Representative member, to a term expiring 06/30/2027; John F. Kennedy Memorial Trust Fund Committee: Robert Jones, as a regular member, to a term expiring 06/30/2027; Lynne Poyant, as a regular member, to a term expiring 06/30/2027; Mid Cape Cultural Council: Margeaux Weber, as a regular member to a term expiring 06/30/2025; Recreation Commission: Brendan Burke, as a regular member to a term expiring 06/30/2027; Tim Lus, as a regular member to a term expiring 06/30/2027; Sandy Neck Board: Richards French, as a member- at large to a term expiring 06/30/2027; Thomas O’Neill, as a member-at large to a term expiring 06/30/2027; Maureen Piccione, a member-at-large to a term expiring 06/30/2027; Waterways Committee: Gregory Egan, as a regular member to a term expiring 06/30/2027; Scholarship Committee: John Marsden, as a regular member to a term expiring 06/30/2027; Zoning Board of Appeals: Emmanuel Alves, as an associate member to a term expiring 06/30/2027; Jake Dewey, as a regular member to a term expiring 06/30/2025 (First Reading) (Refer to Second Reading 09/05/2024)

 

AGENDA ITEM 2025-010                Appointments to a Board/Committee/Commission: Airport Commission: Paul Phalan, as a regular member to a term expiring 06/30/2027; Historical Commission: John Richmond, as an alternate member to a term expiring 06/30/2026; Hyannis Main Street Waterfront District Appeals Committee: Stephen Peckham, as a Hyannis resident, to a term expiring 06/30/2025 (First Reading) (Refer to Second Reading 09/05/2024)

After the item was read in, Vice President Tamash asked for a motion to suspend the Town Council Rules on appointments to allow for a motion to remove Mr. Phalan from that item.  There was a motion, a second, and the Council voted to suspend the Rules.  Vice President Tamash then asked for a motion to remove Mr. Phalan’s nomination from the item.  There was a motion, a second, and that motion was approved.  The Council then voted to refer the item, as amended, to a second reading at the September 5, 2024, Town Council meeting.

 

 

AGENDA ITEM 2025-011                Appointment to a Board/Committee/Commission: Committee to Review and Assess Zoning and Review the Town’s use of Regulatory Agreements: Seth Etienne, registered voter, Town of Barnstable (First Reading) (Refer to Second Reading 09/05/2024)

A motion was made to suspend the rules, the vote was taken, and the item was approved.

 

 

AGENDA ITEM 2025-013                Authorization to contract for and expend a Fiscal Year 2025 Municipal Local Cybersecurity Grant Program (MLCGP) Grant in the amount of $70,975 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security’s Office of Grants and Research for the purpose of implementing cybersecurity improvements within the Town, School Department, and Police Department (May be acted upon) (Majority Vote)

Presented by IT Director Jim Benoit. The item was approved.

 

AGENDA ITEM 2025-014                Authorization to contract for and expend a Fiscal Year 2025 911 Department Support and Incentive Grant in the amount of $330,026 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security (May be acted upon) (Majority Vote)

Presented by Jeanne Challies, Barnstable Chief of Police. The item was approved.

 

AGENDA ITEM 2025-015               Authorization to contract for and expend a Fiscal Year 2025 State 911 Department Training Grant in the amount of $23,268.47 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security (May be acted upon) (Majority Vote)

Presented by Jeanne Challies, Barnstable Chief of Police. The item was approved.

 

AGENDA ITEM 2025-016                Authorization to contract for and expend a Fiscal Year 2025 State 911 Department Emergency Medical Dispatch Grant award in the amount of $19,445.20 from the Commonwealth of Massachusetts Executive Office of Public Safety and Security (May be acted upon) (Majority Vote)

Presented by Jeanne Challies, Barnstable Chief of Police. The item was approved.

 

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 District Improvement Financing Master Plan (First Reading) (Refer to Second Reading 09/05/2024)

 

AGENDA ITEM 2025-019                Authorizing the acquisition of an easement for sewer purposes on land at 268 Stevens Street in Hyannis (May be acted upon) (Majority Vote)

Presented by Tom LaRosa, Assistant Town Attorney. The item was approved.

 

AGENDA ITEM 2025-020                Authorization to contract for and expend a Massachusetts Dredging Grant from the Commonwealth of Massachusetts, Executive Office of Economic Development in the amount of $375,000 for the Cotuit Bay Entrance and Embayment Channel Dredging Project (May be acted upon) (Majority Vote)

Presented by Dan Santos, DPW Director. The item was approved.

 

AGENDA ITEM 2025-021                Resolve to approve the Appointment of James S. Kupfer as the Director of Planning and Development for the Town of Barnstable (May be acted upon) (Majority Vote)

Presented by Mark Ells, Town Manager.

 

There were 9 Councilors in attendance, which is the number needed for a quorum.  Because Councilor Mendes needed to leave the meeting early, the following items did not get addressed:

 

All of the items listed under Communications did not get discussed.

Item 2025-012 was not discussed or voted on and will be moved to the September 5 agenda.

Item 2025-018 was not discussed or voted on due to Councilor Levesque’s recusal, which resulted in a lack of quorum for that item; that item will be moved to the Sept 5 agenda.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, September 5, 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 av