Town Council Meeting – Thursday, July 18, 2024

The July 18, 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 President Felicia Penn called the meeting to order. She mentioned that she was having eye issues and may have to turn the meeting over to Vice President Craig Tamash. Assistant Town Clerk Janet Murphy took the Roll Call.

Town Council Vice President Craig Tamash introduced Colonel Bob Kilmartin USMC (Ret.) to lead the Pledge of Allegiance. Col. Kilmartin enlisted in the Marine Corps Reserve at age 17, in 1976, and served in active duty or reserve billets for the next 34 years. He graduated from the University of Mass (Lowell) in 1980, and Villanova University Law School in 1983. He served in numerous active-duty billets including trial counsel; chief defense counsel; military judge; and Director of Legal Assistance at Marine Corps Base, Camp Pendleton. He deployed to Iraq with the 15th Marine Expeditionary Unit (“MEU”) from 2004 – 2005 to conduct combat operations as part of Operation Iraqi Freedom.  He was promoted to Colonel while serving with the 15th MEU. His last assignment on active duty was as a Prosecution Team Leader on the Military Commissions responsible for prosecuting terrorists detained at Guantanamo Bay, Cuba. This entailed temporary duty in Afghanistan investigating battlefield crimes. Colonel Kilmartin retired from the USMCR in 2010. His civilian career included service as an Assistant District Attorney; Assistant Attorney General; and Assistant United States Attorney.  He also served as a civilian Administrative Judge at the Department of Defense, Defense Office of Hearings and Appeals, from 2011 – 2019. Next, he returned home to the Commonwealth of MA, where he resides with his wife and still practices locally in Barnstable Village. His military awards include the Defense Superior Service Medal; three (3) Meritorious Service Medals; three (3) Navy Commendation Medals; and other awards. Col. Kilmartin presently serves as Vice President of the Cape and Island Veterans Outreach Board of Directors.

President Penn offered a Moment of Silence for Gloria Rudman who served 12 years on the Town Council and who previous service included on the Board of Selectmen.

 

Next was Public Comment.

Council Response to Public Comment followed.

Assistant Town Manager Andy Clyburn was asked to give an update on the Main Street improvements that had been discussed at the previous meeting.

 

President Penn announced that Town Manager Communications for the period of June 26 – July 16, 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. The Operating Budget and Capital Improvements Plan for Fiscal Year 2025 have been approved by the Town Council. The new fiscal year began on July 1, 2024. 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.  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.
  2. Town staff has developed a body of information that will be connected to a QR code or link to be added to the signs installed in May at Covell’s Beach. People will be able to find more detailed information about the cables, the project and links to magnetic frequency information through the use of this QR code. This QR code or link will be added shortly.  It is Town controlled and we will determine what is made available to the public at this site.   After completing the baseline magnetic frequency measurements when the wind farm was off-line on May 24, 2024, Avangrid took magnetic frequency readings on June 14, 2024.  Chris Long from the company Gradient, did the testing for Avangrid. Officials from the Town, Massachusetts Department of Public Health and Massachusetts Department of Public Utilities were there to observe the process. According to Avangrid, three wind turbines were spinning offshore producing close to 35 Megawatts of electricity during the test period. They will post the data report on their website when it is available to them.  Future plans for testing include repeating this monitoring as they reach 25% installation, 50% installation 75% installation and full installation of the Vineyard Wind project.  If there are indications that the testing needs to be more frequent based on actual measurements, we will discuss a different plan with Avangrid. Avangrid plans to have 50% of the wind turbines up in early fall and full installation in early 2025. As noted previously, the Town of Barnstable has retained a third-party independent expert (Elexana of New York) to verify readings and data if and when needed.  We will continue to keep you informed of the progress on this matter.
  3. As part of first connections for the completed Strawberry Hill Road Sewer Expansion Project, 217 property owners were sent Notice of Sewer Hookup letters from the Barnstable Health Division prompting their responsibility to connect their homes/buildings to the newly expanded municipal sewer system. Order letters were sent following the official project closeout notifications distributed by the Department of Public Works. Properties currently eligible for sewer connection include portions of Craigville Beach Road, Strawberry Hill Road, West Main Street, Phinney’s Lane, Wequaquet Lane, and several adjacent secondary roads. As of the date of this report, more than 50% of the notified property owners have signed their Certified Mail receipt, acknowledging the need to connect to municipal sewer. All of these property owners were ordered to connect to public sewer within six (6) months. The Health Division in collaboration with the Department of Public Works will continue to keep the community updated on sewer connection progress and upcoming sewer expansion construction.
  4. Celebrating Unity in our Community. People of Action, the Barnstable Police Department and the Town of Barnstable are proud to announce the 8th Annual Barnstable Unity Day Celebration on the Hyannis Village Green on Friday, August 2, 2024, from 4:00-7:00 PM. The event is intended to welcome and engage the community and local police together in a fun, inclusive, and memorable celebration. Come show everyone that Barnstable is a special and unique place with strong and caring community bonds. We are excited that the Breakaway X-GRILL will be on hand again this year to cook up burgers and hot dogs. The event is free and open to all and will include food, ice cream, music, dancing, and fun activities for all ages. Please bring your own chairs and blankets and join us for a beautiful summer evening on the Hyannis Village Green.
  5. Beach Operations & Update. On Thursday, July 11th, the Town of Barnstable began staffing Hathaway’s Pond with lifeguards and other support staff.  The Recreation Division has also provided lifeguards at Sandy Neck and will do our best to keep both of these locations and others operational as long as possible as we manage staff throughout the remainder of the season.  We now have full staffing, including lifeguards, at the following beaches: Craigville Beach, Dowses Beach, Covell’s Beach, Kalmus Beach, Veteran’s Beach, Loop Beach, Sandy Neck, and Hathaway’s Pond.  Please help us keep our beaches clean, pack in / pack out or use proper receptacles.
  6. The Barnstable Adult Community Center has secured a lease for an all-electric 6-passenger van through the generosity of Cape Cod Regional Transit Authority. This new electric van will replace one of the current aging vans that the BACC utilizes for their transportation program and other day trips for Barnstable residents. We anticipate delivery in late July and are currently working to replace and update the current chargers.
  7. 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.
  8. Every Friday during the summer, the Boston 25 team is on the road visiting a different “zip code” in Massachusetts. This Friday, July 19th, the Zip Trip will be visiting 02601 on Aselton Park in Hyannis. The 6:00-10:00 AM broadcast will showcase some of our local residents, businesses, attractions, and more. Residents are invited to attend and watch the broadcast and be part of the live audience.
  9. James Kupfer, Interim Director of Planning and Development Department, will provide updates on the Housing Production Plan, Marstons Mills Former School Site Master Plan, and Local Comprehensive Plan.

 

Town Manager Ells and Interim Planning and Development Director Jim Kupfer were asked to respond to Councilor questions.

 

The Council voted to approve Public Session Minutes:  June 27, 2024.

 

ANNOUNCEMENT REGARDING EXECUTIVE SESSION MINUTES

Announcement by Town Council President:

In accordance with Section 22(g)(1) of Chapter 30A of the General Laws, prior to tonight’s Town Council meeting, I reviewed 3 sets of Executive Session minutes with the Town Clerk and the Town Attorney, and based upon that review, I am making the following announcement:

I approved the Executive Session minutes of April 4, 2024, June 6, 2024, and June 13, 2024, relating to litigation strategy regarding Park City Wind’s proposed offshore renewable wind project in the Town, and have authorized the release of said minutes with the redaction of the portions of said minutes protected by attorney-client privilege and for which continued non-disclosure is warranted.  The votes taken in the executive sessions of April 4, 2024, and June 13, 2024, will be released.  No vote was taken during the executive session on June 6, 2024.

 

Statement from Town Attorney Karen Nober:
Members of the Town Council have been advised by my office that the rules relating to attorney-client privilege limit what Councilors can share about the substance of discussions they had with the Town’s attorneys about Park City Wind in executive session.  I understand that Councilors are getting numerous requests for information regarding those discussions.

To try and address those requests, I can share the following:

The members of the Town Council were advised as to the potentially binding nature and enforceability of the Host Community Agreement, as well as the relative risks, costs and likelihood of success associated with various courses of action, including litigation and further negotiations. The members of the Town Council also evaluated available legal options for seeking project route changes, mitigation measures, environmental impact reductions, and compensation. Each individual Councilor ultimately weighed the legal advice regarding potential impacts of the project, the proposed benefits of the HCA and side agreement, and the potential risks and costs associated with repudiating the HCA.  Based on their consideration of those factors, each Councilor reached a decision and voted accordingly. The Town Council’s votes will be made available to the public after this meeting.

 

Vice President Tamash took over the meeting for President Penn.

 

DELEGATION OF OPEN MEETING LAW COMPLAINT

Motion to delegate to the Town Attorney responsibility for responding to the Open Meeting Law Complaint submitted to the Town Council President and Town Clerk on July 02, 2024 was approved.

 

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

 

Update on Comprehensive Wastewater Management Plan Financing; Mark A. Milne, Director of Financing

Mr. Milne’s PowerPoint presentation may be viewed here.

 

Orders of the Day.

 

OLD BUSINESS

AGENDA ITEM 2024-235 Appropriation and Transfer Order in the amount of $250,000 in Community Preservation Act Open Space Funds for the acquisition by Barnstable Land Trust of a 5.84-acre parcel located at 4609 Falmouth Road, Cotuit, shown on Assessors Map 024, Parcel 042 and the creation of a Conservation Restriction to be granted to the Town of Barnstable.

Presented by Community Preservation Committee Chair Lindsey Counsell.

Town Attorney Karen Nober offered an amendment that would change the order of the on the Conservation Restriction holders so that Cotuit Water is the primary holder and the Town of Barnstable is secondary. The amendment was approved.

Barnstable Land Trust Executive Director Janet Milkman offered further rationale. The item as amended was approved.

The PowerPoint presentation may be viewed here.

 

AGENDA ITEM 2024-236 Order authorizing the Town Manager to enter into and execute on behalf of the Town an amendment to the employment contract between the Town and Mark A. Milne.

Presented by Town Manager Mark Ells. The item was approved.

 

AGENDA ITEM 2024-237 Appropriation Order in the amount of $37,000 for the purpose of funding the Town’s share of the costs related to the installation of up to 37 electric vehicle charging stations in public parking lots in and around the Village of Hyannis.

Presented by Director of Asset Management David Anthony. The item was approved.

 

AGENDA ITEM 2024-240 Appropriation Order in the amount of $1,150,000 in Community Preservation Act Open Space/Recreation and Undesignated Funds for the Acquisition of 211 Cedar Tree Neck Road, Marstons Mills for Open Space and Recreation.

Presented by Community Preservation Committee Chair Lindsey Counsell and Marine & Environmental Affairs Director Derek Lawson. The item was approved.

The PowerPoint presentation may be viewed here.

 

NEW 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; 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; and 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 were referred to Public Hearings on 08/15/2024.

 

AGENDA ITEM 2025-003 Resolve to Approve the Appointment of John Curran Jr. as the Director of Assessing for the Town of Barnstable.

Presented by Finance Director Mark Milne. The item was approved.

 

AGENDA ITEM 2025-004 Authorization to contract for and expend a State Fiscal Year 2024 and State Fiscal Year 2025 Regional Public Safety Answering Point and Regional Emergency Communication Center Development Grants in the combined amount of $611,544 from the Massachusetts Executive Office of Public Safety and Security (May be acted upon) (Majority Vote)

Presented by Barnstable Police Chief Jean Challies. 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 was referred to a Second Reading on 08/15/2024.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, August 15, 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