The December 1, 2022 Meeting of the Barnstable Town Council was conducted in person. The public was able to view the meeting on Barnstable Government Access Channel 18 or live stream through the Town website and participate in Public Comment or Public Hearings through Zoom. Town Clerk Ann Quirk took the Roll Call. Town Council President Matthew Levesque led the Pledge of Allegiance and offered a Moment of Silence. Next up was Public Comment followed by Council Response to Public Comment. Town Manager Mark Ells presented his Town Manager Communications for the period of November 18-December 1, 2022:
- Elizabeth Jenkins, Director of Planning and Development, provided an update on Barnstable’s Local Comprehensive Plan. Director Jenkins’ presentation can be viewed here.
- We are proceeding with the Budget Action Calendar for FY 2024. The FY 2024 Capital Improvement Plan (CIP) submissions were due on November 7, 2022 with a staff review of the proposed CIP projects conducted on November 28, 2022 as per the Budget Action Calendar. A public hearing was held on November 15, 2022 at 11:00 AM for proposed changes to various Town of Barnstable permit and programs fees that take effect on January 1, 2023 as well as on a proposed taxi meter rate increase for taxis licensed to operate within the Town of Barnstable effective January 1, 2023. The hearing can be viewed on the Town of Barnstable’s website. We will continue to take public comments through December 14, 2022. Information regarding the proposed changes are available on the Town Manager’s page of the Town of Barnstable’s website at www.townofbarnstable.us. For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- On Wednesday, December 7, 2022 at 2:00 PM Housing & Economic Development Secretary Mike Kennealy will be visiting Barnstable Town Hall for a celebration of this year’s Community Planning grant award recipients included in this year’s round of the Community One Stop for Growth. I have been asked to join Sec. Kennealy in the program as the Town is a grant recipient.
- On June 1, 2022, the Town of Barnstable was informed of regulatory revisions the Massachusetts Department of Environmental Protection (MassDEP) was developing to ensure that timely actions are taken to restore and protect coastal estuaries that have been impacted by excessive nitrogen pollution. MassDEP will conduct three public hearings one of which will be an in-person and remote hearing at Barnstable Town Hall, 367 Main Street, Hyannis, MA on December 5, 2022 at 6:00 PM. Comments on the proposed revisions may be presented orally at the public hearing. You can find additional information regarding the public hearings at https://www.mass.gov/doc/310-cmr-15000-314-cmr-2100-public-hearing-notice/download. We have also been provided with the following links to proposed changes to the regulation.
310 CMR 15.000: Septic Systems (“Title 5”) | Mass.gov 314 CMR 21.00: Watershed Permit Regulations | Mass.gov. On November 30, 2022 staff and the Board of Health Chairman met to discuss the proposed changes to Title 5 and agreed to prepare a unified written comment on said changes. It was also agreed that the Town Manager would present oral testimony on December 5, 2022 and the final written comments would reflect that testimony and any additional comments following the scheduled MassDEP hearing. Written comments are due by December 16, 2022. We will keep you advised as these important regulatory revisions progress.
- We continue review of permits filed with regulatory agencies regarding the proposed Phase 3 (Commonwealth Wind) landing of cable in Barnstable. On September 30, 2022 Commonwealth Wind proceeded with filing an Environmental Notification Form (ENF) and supporting documents to the Massachusetts Environmental Protection Agency office (MEPA) of the Secretary of Energy and Environmental Affairs. On November 28, 2022 we submitted written comments (due by 11/29/2022) on the ENF filed with MEPA.(attached) The document link below is to the form and various attachments, including attachment A, which is a narrative describing the project and the rationale for various siting and design considerations, including the landing and the route. https://avangridrenewables.box.com/s/vwftpvf703ivpauz34yoadvimq8g8lbu Link to MEPA website for review of comments is: https://eeaonline.eea.state.ma.us/EEA/MEPA-eMonitor/home We will keep you advised of our progress on this matter.
- The twenty-eighth session of Inside Barnstable Town Government, A Citizens Leadership Academy will begin Tuesday, January 24, 2023. The academy is a 12-week commitment with the goal of educating the citizens of Barnstable about the operations of town government, while also obtaining valuable feedback and participation from those citizens participating in the Academy. The program is designed to advance understanding of and participation in civic affairs as well as to increase awareness of the challenges facing municipal government. Inside Barnstable Town Government began in 2003. To date, over 800 Barnstable residents and employees have participated in the program. The classes will be on Tuesday evenings from 6:30-9:00 PM and will be held in various locations throughout the Town. The classes will be conducted by Town staff and provide interactive learning experiences, group discussions, and site tours. The program is free of charge and open to anyone who resides or works in the Town of Barnstable. Class size is limited so please register early to avoid the waiting list. Applications are available at the Town Manager’s Office, 367 Main Street, Hyannis or online at http://www.townofbarnstable.us/TownManager/citizensacadapp.pdf. To receive an application by mail or fax, please call 508-862-4610. For specific information, you may call Academy facilitators Susan French at 508-362-2864 or Deb Brunelle at 508-648-5936.
The Council voted to Approve Strategic Planning Session Minutes: October 13, 2022 and
OLD BUSINESS Councilors Neary, Atsalis, Rapp Grassetti and Shaughnessy recused themselves from Agenda Item 2022-144. Following the recusals, President Levesque announced that because four Councilors are recused from Item No. 2022-144 and another Councilor is absent, we do not have a quorum for that item. And since Items 2022-145 and 2022-146 are related to that item, he opened and continued Items 2022-144, 2022-145 and 2022-146 to individual public hearings to be held on each item at the Town Council meeting on January 5, 2023.
Details of each item follows here: Agenda Item 2022-144 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by repealing the Zoning Districts known as the “Hyannis Village Zoning Districts” and replacing them with revised and updated districts collectively known as the “Downtown Hyannis Zoning Districts”; Agenda Item 2022-145 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article VII Sign Regulations to amend regulations to be consistent with proposed new district regulations; and Agenda Item 2022-146 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by moving and renumbering section 240-122.1 Registered Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories into a new overlay Zoning District and repealing sections 240-129 and 240-129.1 expired temporary moratorium for Marijuana uses.
Planning & Development Director Jenkins joined by Attorney Eliza Cox from Nutter McClennen & Fish, LLP, and Tim Fox from the Simon Property Group/Cape Cod Mall to present the rationale for Agenda Item 2023-023 Amending the Code of the Town of Barnstable, Part I, General Ordinances, Article III, §240-39 by repealing and replacing the Shopping Center Redevelopment Overlay District which was approved. Attorney Cox’s PowerPoint can be viewed here.
Assistant Director of Community Services Chris Gonnella, joined by Director of Golf Jesse Schechtman, presented the rationale for Agenda Item 2023-058 Appropriation Order in the amount of $45,000 for the Golf Enterprise Fund for the purpose of funding the acquisition of a utility tractor for the Golf Maintenance Operations which was approved.
Cape Cod Gateway Airport Manager Katie Servis presented the rationale (Ms. Servis’s PowerPoint can be viewed here) for Agenda Item 2023-061 Appropriation Order in the amount of $3,811,500 for the Fiscal Year 2023 Airport Enterprise Fund Operating Expense Budget for the purpose of purchasing Aviation Jet Fuel for resale which was approved.
As NEW BUSINESS began, President Levesque announced that appointments are typically two reads. However, because we need to fill some vacancies on one of the committees in order for that committee to have a quorum, he entertained a motion to suspend Town Council Rules 12 and 15 to allow the Council to vote on Item 2023-063 tonight. A motion was made and approved. Agenda Item 2023-063 Appointments to a Board/Committee/Commission: Comprehensive Financial Advisory Committee: Jacky Johnson, as a regular member to a term expiring 06/30/2024; Neil Kleinfeld, as a regular member to a term expiring 06/30/2025; Disability Commission: Lori Gillen, as a regular member to a term expiring 06/30/2024; Hyannis Main Street Waterfront Historic District Commission: Laura Cronin, as a regular member to a term expiring 06/30/2025; Licensing Authority: Max Mitrokostas as an associate member, to a term expiring 06/30/2025; Recreation Commission: Alyssa Chase, as a regular member to a term expiring 06/30/2025; Zoning Board of Appeals: Aaron Webb from associate member to a regular member to a term expiring 06/30/2023 which was approved.
Agenda Item 2023-064 Appropriation Order in the amount of $1,337,890 for the purpose of funding the restoration work to the Zion Union Historic Museum and Original Chapel, 296 North Street, Hyannis, MA was referred to a Public Hearing on December 15, 2022.
Town Manager Mark Ells presented the rationale for Agenda Item 2023-065 Authorization to expend a Fiscal Year 2023 Recycling Dividends Program Grant in the amount of $11,700 from the Commonwealth of Massachusetts, Department of Environmental Protection for the purpose of enhancing the Town’s Waste Reduction Programs which was approved.
Agenda Item 2023-066 Order waiving fees for construction work by the Barnstable Fire District for a new Fire District Water Treatment Plant off Breeds Hill Road to treat the District’s Wells 2 & 5 was referred to a Public Hearing on December 15, 2022. President Levesque handed the meeting over to Town Clerk Ann Quirk for Town Council Nominations of 2023 Officers.
Matthew Levesque was nominated by Paula Schnepp for President. Jennifer Cullum was nominated by Paul Neary for Vice President. Elections will take place at the next Town Council Meeting on December 15, 2022. The Town Council voted to enter into EXECUTIVE SESSION pursuant to G.L. c. 30A, § 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 Council will discuss a lawsuit filed against the Town by TJA Clean Energy, LLC regarding claims under G.L. c. 40A, § 3(9). They would not return to General Session following the Executive Session. The next regularly scheduled Town Council Meeting will be held on Thursday, December 15, 2022. 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).