Town Council Meeting – Thursday, August 17, 2023

The August 17, 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 8 (formerly Channel 18) or in High Definition on Xfinity Channel 1072 or live stream through the Town website. Town Council Vice President Jennifer Cullum called the meeting to order and Town Clerk Ann Quirk took the Roll Call. Town Councilor Paul Cusack led the Pledge of Allegiance. Town Councilor Jessica Rapp Grassetti offered a Moment of Silence for Cotuit resident Kathy Pina who recently passed away.  Kathy served on the Barnstable Recreation Commission for 35 years, was an avid supporter of the Barnstable Quarterback Club, and as a business owner, was supportive of many Town activities. We would also like to recognize the passing of J. Paul Lanza who was the builder of the John F. Kennedy Memorial in 1966.  In August of 2016, Mr. Lanza made a special visit from his home in Connecticut to share his firsthand knowledge of the construction of JFK Memorial with the Trust Fund Committee and DPW staff. Our deepest sympathies go out to the Pina and Lanza Families.

Next was Public Comment which was followed by Council Response to Public Comment.

The Council voted to approve Public Session Minutes:  July 20, 2023

Vice President Cullum announced that Mr. Ells’ Town Manager Communications for the period of July 21-August 17, 2023 has been pre-recorded and was shown on our Government Access Channel prior to the meeting. The recorded version of Mr. Ells’ Town Manager Communications can be viewed here and the itemized list is shared below:

  1. We are proceeding with the budget action calendar for FY 2025. The action items in the budget calendar include the meetings of the School Committee held as they develop the FY 2025 proposed operating budget.  We are also preparing the budget instruction for FY 2025 with planned distribution in September.  For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  2. The following dates are when the Town of Barnstable will no longer have lifeguards on duty at certain locations. They are as follows:

Loop Beach as of Thursday, August 17th

Veteran’s Beach as of Friday, August 18th

Kalmus Beach as of Sunday, August 20th

Dowses Beach as of Thursday, August 24th

Covell’s Beach as of Monday, August 28th

We anticipate having lifeguards at Craigville Beach through Labor Day.

  1. The Town Manager’s Office held a second public hearing on proposed Grant of Location regulations on July 12, 2023.  The regulations address procedures and standards for the placement of wireless communication facilities in the public rights of way.  The full text of the proposed regulations, revised to address comments submitted in connection with the first public hearing on March 23, 2023, and a recording of the July 12th hearing is available on the Town of Barnstable website at https://townofbarnstable.us/Departments/TownManager/Projects/Draft-Grant-of-Location-Regulations.asp.  Written public comments closed on Friday, July 28, 2023. We anticipate that final version of the regulation will be posted shortly.
  2. Massachusetts Department of Environmental Protection has issued a tentative denial of Holtec’s application to modify its Massachusetts permit to discharge Pilgrim Nuclear Power Plant’s contaminated waters used as part of the decommissioning process into Cape Cod Bay. We have worked with the Town of Plymouth and the Association to Preserve Cape Cod to achieve this precedent-setting tentative decision Relative to the Massachusetts Ocean Sanctuaries Act and the Massachusetts Clean Waters Act.  Our Legal Department is preparing comments and will be submitting them by the August 31st deadline after consulting with counsel for Plymouth and APCC.  We will keep you advised of our progress on this matter.
  3. On August 11, 2023 Nina Coleman, Director of Natural Resources, notified me that the Beach Management Plan for the Protection of Piping Plovers at Craigville and Covell’s Beach for Massachusetts Endangered Species Act (MESA) had been submitted to the state.

Upon approval, the permit will be good for 5 years and will allow such activities as:

  1. The town could rake for seaweed/debris removal before April 1.
  2. The town could rake for litter control bi-weekly starting July 1st.
  • The town could remove excessive storm wrack for “health concerns” at any time of the year.
  1. The town could install beach amenities and host special events.

All these activities will require Natural Resources staff to monitor Piping Plovers and report to Natural Heritage & Endangered Species Program (NHESP) at the end of the season.  Director Coleman will provide a recorded update regarding the filing in the near future.  Staff will also proceed with Beach Management Plans for other areas requiring MESA permits in Barnstable.

  1. The Cape Cod Commission and consultants CTC Technology and Energy and Rural Innovation Strategies Inc. are collecting speed test data to capture network capacity data during the high-demand summer season.  Cape-based internet users are encouraged to take the speed test as often as possible and across different devices and connection types.  The speed test is part of a broader assessment of user experiences, and existing infrastructure within Barnstable County. The assessment is funded with American Recovery Plan Act funds distributed by Barnstable County. It is distinct from, but complementary to, the speed test promoted by the Massachusetts Broadband Institute (MBI). The MBI effort is part of a broader digital equity survey in support of the statewide plan.

Both are important to broadband planning efforts locally and in the state. If possible, start with the MBI test, and follow up as often as possible with the Cape-based test.

Massachusetts Broadband Institute Survey and Speed Test

Cape-Based Speed Test:  capecodcommission.org/speedtest

Understanding the functionality of the region’s existing internet network and potential for upgrades or expansion to increase access to high-speed broadband is important for the region. The full assessment is expected to be completed in spring 2024.

Take the speed test here: capecodcommission.org/speedtest

  1. As a reminder Xfinity recently informed the Town of upcoming channel lineup changes. All Xfinity customers will receive notice of these changes but as the changes will affect our Government Access Station as well as our Public Access Station. Starting on or around August 17th the Town of Barnstable’s Government access channel will no longer be found on Xfinity Channel 18. It will be on channels 8 or 1070 after August 17th.  As previously reported, recent upgrades to the Town’s Government Access television station programming can be found in high definition on Xfinity Channel 1072. As always, government access programing can be accessed 24/7 on the Town website via the livestream or our video on demand archives.  Other changes include our Public access channel, otherwise known as the Cape Media Center, which will be able to be viewed on Xfinity channel 26 after August 17th.
  2. We have had a successful launch of My Barnstable, a push notification mobile application powered by GOGov.  The app is a great source of information for town news, events, service interruptions and updates, and important links to the town’s website. Town staff can streamline important community communications and information to citizens in more efficient ways.  The addition of this app to the Town’s communication tools is in direct response to requests through last winter’s Communications Survey.
  3. The Town of Barnstable will be hosting a 2nd Summer Celebration on Saturday, September 2nd that will begin at 5:00 PM and culminate in fireworks over Lewis Bay in Hyannis Harbor. Family activities will take place at Kalmus Beach from 5:00 to 8:30 PM and will include multicultural dance performances and dance workshops featuring local artists and produced by Movement Arts Cape Cod. Town departments and local resources will be on hand with interactive activities and valuable information. Admission and parking is free starting at 4:00 PM at Kalmus Beach. Public restrooms and the snack bar will be open until 9:30 PM.  Other viewing locations for the fireworks include Veterans Park Beach and along the waterfront at Bismore Park. The CCRTA trolley shuttle will extend their service until 11:00 PM with stops convenient to Town parking lots.  Accessible parking will be available at the Cape Cod Maritime Museum after 5:00 PM. The rain date is Sunday, September 3rd. For more information visit us or barnstableenews.com.
  4. Kelly Collopy, Communications Manager for DPW, provided Water Resources Update. Ms. Collopy’s PowerPoint may be viewed here.

 

Town Manager Mark Ells was asked to the podium to provide some updates.

Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.

Felicia Penn, Chair of the Local Comprehensive Planning Committee (LCPC), provided a presentation on Phase One of the Local Comprehensive Plan. Ms. Penn introduced LCPC Members Wendy Northcross, Sue Rohrbach, Cheryl Powell, Avery Revere, Bob Twiss, and Lindsey Counsell. She also thanked the Planning & Development staff. The PowerPoint presentation may be viewed here. 

Town Manager Ells joined by Town Attorney Karen Nober, Human Resources Director William Cole, and Finance Director Mark Milne presented a Workshop on Town Provided Health Insurance which was followed by a discussion with the Town Council. The PowerPoint presentation may be viewed here. 

Vice President Cullum started the Orders of the Day and took a number of items out of order.

2024-012 Acceptance of the provisions of Section 7A of Chapter 32B of the Massachusetts General Laws

Presented by Town Attorney Karen Nober. The item was approved.

 

2024-013 Delegation of authority and determination under Section 19 of the Conflict of Interest Law regarding participation in decisions relating to a potential increase in the town’s percentage contribution to health insurance costs of its employees
Presented by Town Attorney Karen Nober. The item was approved.

 

2024-022 Resolve to approve the appointment of Christopher Gonnella as the Director of Community Services for the Town of Barnstable
Presented by Assistant Town Manager Andy Clyburn. The item was approved.

 

2024-029 Approving a Conservation Restriction on 17± acres of land at 0, 946 & 948 River Road in Marstons Mills between Three Bays Preservation, Inc. (GRANTOR) and Barnstable Land Trust, Inc. (GRANTEE) (May be acted upon) (Majority vote)

Presented by Zenas Crocker, Executive Director of the Barnstable Clean Water Coalition, joined by Janet Milkman, Executive Director of the Barnstable Land Trust.  Senior Counsel Charles McLaughlin provided the legal rationale. The PowerPoint may be viewed here. The item was approved.

 

2024-030 Approving a Conservation Restriction on 46.92 acres of land at 110 Bog Road in Marstons Mills between Three Bays Preservation, Inc. (GRANTOR) and Barnstable Land Trust, Inc. (GRANTEE) as shown on a portion of Assessors Map 045, Parcel 017-001 (May be acted upon) (Majority vote)

Presented by Zenas Crocker, Executive Director of the Barnstable Clean Water Coalition, joined by Janet Milkman, Executive Director of the Barnstable Land Trust.  Senior Counsel Charles McLaughlin provided the legal rationale. The item was approved.

 

OLD BUSINESS

2024-001 Authorization to reallocate the remaining $36,714 of Community Preservation Historic Preservation Funds granted under appropriation order 2022-035 for the restoration work at Sturgis Library to be used for the replacement of the failing climate control system at Sturgis Library (May be acted upon) (Majority vote)
Town Council Gordon Starr recused himself from the vote. Presented by Lindsey Counsell, Chair of the Community Preservation Committee. The item was approved.

 

Councilor Starr returned to the meeting.

2024-003 Appropriation and Loan Order in the amount of $1,400,000 for purpose of funding Sewer Lateral Riser Construction (Public Hearing) (Roll Call 2/3 Full Council)

A motion to amend the item to reduce the amount from $1,400,000 to $850,000 was approved.

Presented by Dan Santos, Director of Department of Public Works. The PowerPoint may be viewed here. The item was approved.

 

2024-010 Appropriation and Loan Order in the amount of $75,000 for the purpose of funding temporary repairs to Rosewood Lane in the Village of Cotuit pursuant to Temporary Repairs to Private Roads Program for Certain Private Roads

Presented by Dan Santos, Director of Department of Public Works. The item was approved.

 

2024-004 Appointments to a Board/Committee/Commission: Historical Commission: Robert Frazee, as a regular member to a term expiring 06/30/2026; Human Services Committee: Sheree Kay, as a regular member to a term expiring 06/30/2024

Motion to amend the item for Robert Frazee as an alternate member was approved.

Presented by Town Councilor Paula Schnepp, Appointments Committee Chair. The item was approved.

 

2024-005 Reappointments to a Board/Committee/Commission: Human Services Committee: Steven Xiarhos as a regular member to a term expiring 06/30/2026; Hyannis Main Street Waterfront Historic District Commission: Kevin Matthews as an alternate member to a term expiring 06/30/2026; Waterways Committee: Paul Everson as a regular member to a term expiring 06/30/2026

Presented by Town Councilor Paula Schnepp, Appointments Committee Chair. The item was approved.

 

NEW BUSINESS

2024-017 Authorization to expend a Fiscal Year 2024 911 Department Support and Incentive Grant in the amount of $330,026 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security

Presented by Barnstable Police Chief Matthew Sonnabend. The item was approved.

 

2024-018 Authorization to expend a Fiscal Year 2024 State 911 Department Training Grant in the amount of $30,876.66 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security

Presented by Barnstable Police Chief Matthew Sonnabend. The item was approved.

 

2024-019 Authorization to expend a Fiscal Year 2024 State 911 Department Emergency Medical Dispatch Grant in the amount of $17,343.60 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security Presented by Barnstable Police Chief Matthew Sonnabend. The item was approved.

 

2024-021 Authorization to expend a Grant in the amount of $32,819.95 from the Stanton Foundation for capital improvements at the Barnstable Dog Park

Presented by Derek Lawson, Director of Marine & Environmental Affairs. The item was approved.

 

2024-023 Authorization to expend a Fiscal Year 2023 grant in the amount of $100,000 from the United States Department of Agriculture Natural Resources Conservation Service for the evalution and design of Long Pond Lower Channel Fish Passage Improvements

Presented by Dan Santos, Director of Department of Public Works. The item was approved.

2024-024 Authorization to expend a Fiscal Year 2024 MassTrails grant in the amount of $300,000 from the Commonwealth of Massachusetts for preliminary design of the Cape Cod Rail Trail Phase 4 extension in the Town of Barnstable

Presented by Dan Santos, Director of Department of Public Works. The item was approved.

 

2024-025 Appropriation Order in the amount of $141,655 to supplement funding for the demolition of the Osterville Recreation Building located at 93 West Bay Road, Osterville, MA was referred to a Public Hearing on 09/07/2023.

 

2024-026 Authorization to contract for and expend a Fiscal Year 2023 grant in the amount of $400,000 from the United States Department of Agriculture Natural Resources Conservation Service for the design and construction of the Rosa Lane Fish Passage Improvements (May be acted upon) (Majority vote)

Presented by Dan Santos, Director of Department of Public Works. The item was approved.

 

2024-027 Appropriation Order in the amount of $20,000 and Acceptance of a grant from the Natural Resource Conservation Service in the Amount of $72,000 for Stormwater Improvements on Clamshell Cove Road was referred to a Public Hearing on 09/07/2023.

 

2024-028 Appropriation Order in the amount of $130,000 and the Authorization to expend a grant in the amount of $625,000 from the Natural Resource Conservation Service for the purpose of funding the Lake Elizabeth Fishway Design, Permitting and Construction Project was referred to a Public Hearing on 09/07/2023.

 

2024-031 Appointments to a Board/Committee/Commission: Disability Commission: Patricia EricksonTaylor, as a Regular member to a term expiring 06/30/2025; Zoning Board of Appeals: Emanuel Alves, as an Associate member to a term expiring 06/30/2024 received a First Reading and was referred to a Second Reading on 09/07/2023.

 

2024-032 Reappointments to a Board/Committee/Commission: Council on Aging: Ella Rollins, as a regular member to a term expiring 06/30/2026; Historical Commission: Barbara DeBiase from an alternate member to a full member position to a term expiring 06/30/2026 received a First Reading and was referred to a Second Reading on 09/07/2023.

 

2024-033 Resolve approving a letter to the Honorable Pete Buttigieg, Secretary of Transportation, U.S. Department of Transportation, in support of the Massachusetts Department of Transportation’s application for funding through the Multimodal Project Discretionary Grant Program’s National Infrastructure Project Assistance (MEGA) and Infrastructure for Rebuilding America Program (INFRA) Opportunities

Presented by Town Councilor Paula Schnepp. The item was approved.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, September 7, 2023. The public is able to view through Xfinity Channel 8* (Xfinity High Definition Channel 1072) 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).

*Effective around August 17th, Comcast has changed the channel lineup.