The June 1, 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 18 (now available in High Definition on Comcast 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, Vice President Cullum offered the Moment of Silence in honor of retired Town employee Shirley Oakley’s daughter Annette who passed away recently. Next was Public Comment which was followed by Council Response to Public Comment Vice President Cullum asked Manager Ells to come forward and address Mr. Schulte’s public comment questions.  Vice President Cullum announced that Mr. Ells’ Town Manager Communications for the period of May 19- June 1st, 2023 has been recorded and was shown on Channel 18 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 Fiscal Year 2024 (FY2024) as scheduled. The Operating Budget for FY2024 has been submitted to the Town Council and public hearings are scheduled to begin on June 1, 2023.  Mark Milne, Director of Finance, has provided a prerecorded summary of the FY2024 Operating Budget. https://youtu.be/BhRI6442eVA  for information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.

 

  1. The Comprehensive Financial Advisory Committee has completed their review of the proposed Fiscal Year 2024 operating budget and have issued their report in accordance with the Town’s Administrative Code. This year’s report provides a comprehensive analysis of the School Department’s operating budget and the associated impact on the budget as a result of the Student Opportunity Act. The report also includes comments on other significant components including the Police Department, Public Works Department, Fixed Costs and Enterprise Funds. The report is available on the Town’s website and can be accessed using the following link:

https://www.townofbarnstable.us/BoardsCommittees/CFAC/Operating_Review/FY24-CFAC-Operating-Budget-Report.pdf?tm=5/30/2023%209:50:38%20AM

 

  1. Summer season is upon us. Our beach facilities are manned on the weekend and our full staff will commence operation on June 24, 2023.  We will start locking the beaches at 9:00 PM this weekend and that will continue through the summer season. If you have not obtained your beach sticker please do so using our convenient online purchasing system and keep your receipt because that will be used for entrance to our beaches until you receive the actual sticker.

 

  1. I continue to receive inquiries as to the status of the various off shore wind projects. The Vineyard Wind Project continues with construction.  We anticipate this construction concluding in June and VW is scheduled to commence construction again after Labor Day.  The Park City Wind project is still in the final stages of permitting.  It is our understanding from the legal counsel at the Connecticut Department of Energy & Environmental Protection that Park City Wind’s Power Purchase Agreement (PPA) remains in effect.  Park City Wind has informed us that it is currently in the process of renegotiating its PPA and that those negotiations are proceeding well.  We anticipate filings with the Barnstable Conservation Commission in the near future.  The Commonwealth Wind project is in the permitting stages.  It is our understanding that Commonwealth Wind will not fulfill its obligations under their existing Power Purchase Agreement.  Unlike Connecticut, there is a statutory price cap in Massachusetts and, therefore, the PPA cannot be renegotiated.  Accordingly, the state has undertaken a new procurement process and Commonwealth Wind plans to participate in that process and will respond to the request for proposals recently issued by the state.  The results of the bid process are anticipated to be determined by summer of 2024.  In the meantime, Commonwealth Wind continues with its permitting of the project.  The Town of Barnstable has ceased Host Community Agreement negotiations.  Depending on the outcome of the state’s procurement process, negotiations will resume with Town Council authorization. We will keep you advised of the progress on these off shore wind projects.

 

  1. As reported in previous Town Manager communications, Massachusetts Natural Heritage and Endangered Species Program notified the town in April 2023 of the requirement to file Massachusetts Endangered Species Act (MESA) permits in order to rake beaches that are located in nesting shorebird endangered species priority habitat.  The south side beaches that fall into this category are Dowses, Kalmus, Craigville and Covell’s. Fortes Beach also has endangered species protection requirements.  To remain compliant with the Endangered Species Act the town will cease ranking these beaches until permits are secured.  Specifically, the Town does not want to be cited for a “take” which includes harming, harassing or negatively affecting the habitat of an endangered species.  The intent of the MESA permit is to clarify requested beach activities (such as raking, grading, planting, ball playing and events) and propose mitigation strategies so that the town cannot be accused of a “take.”  In other words the permit will protect the town from potential legal actions related to the Endangered Species Act, as all beach activities would be claimed under this permit. Each of our south side beaches are unique and some are more complicated than others to obtain the MESA permit.  Therefore, we have selected Craigville as our first beach to pursue a permit.  At this time we are actively writing the MESA permit for Craigville and we are working with National Heritage and Endangered Species Program (NHESP) to negotiate the terms of the permit in order to stay under the “take” threshold.  In addition, we have embarked on an educational outreach program.  Channel 18 has created a video on seaweed, endangered species and beach raking.  The video can be found on the Channel 18 YouTube Channel https://youtu.be/kCcFwifHPfI.  The intent of the video is to assure the public that our beaches, while not being perfectly groomed, will be taken care of this summer.  As explained in the video, the active wrack at the tide line has never been raked or removed.  The high wrack lines that were deposited by winter storms were removed this spring prior to communications with NHESP.  If we have another storm deposited high seaweed line, we can potentially work with the state to remove excess seaweed for health reason.  Our staff will also remove trash from the beaches as in the past and your assistance to keep our beaches free of trash is always appreciated.  In other words, our beaches will still be very desirable places to recreate this summer as we work through the MESA permitting processes.  We will keep you advised as we progress on this effort.

 

  1. We continue to meet with State Officials on the proposed regulatory changes to Title 5 and Watershed Permit regulations. My most recent discussion occurred early this week with the Deputy Commissioner of MassDEP (Department of Environmental Protection) regarding specific questions MassDEP has relative to MassDEP staff preparing a final draft document for the Administrations review and consideration.  We will keep you advised of our progress on this matter.

 

  1. The Town Manager’s Office held a public hearing on proposed Green Burial Regulations on May 10, 2023. The full text of the proposed regulation is available on the Town of Barnstable website at

https://townofbarnstable.us/Departments/TownManager/

under Town Manager Hearings.  Public comment will be accepted through June 9, 2023.

 

  1. Elizabeth Jenkins, Director of Planning and Development provided an update on the Local Comprehensive Plan.

 

Mr. Ells responded to Councilor questions

 

The Council voted to approve Public Session Minutes: May 18, 2023.

 

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

 

Vice President Cullum started the Orders of the Day by taking New Business out of order.

2023-178, Fiscal Year 2024 Spending Limitations Revolving Funds: Senior Services Classroom Education Fund $100,000; Recreation Program Fund $325,000; Shellfish Propagation Fund $200,000; Consumer Protection Fund $600,000; Geographical Information Technology Fund $10,000; Arts and Culture Program Fund $50,000; Asset Management Fund $500,000. Presented by Finance Director Mark Milne. The item was approved.

2023-194 Appropriation Order in the amount of $155,000 for consultant services in support of a Local Comprehensive Plan Update which was continued to a public hearing scheduled for the June 15th meeting.

2023-195 Authorization to expend a Fiscal Year 2023 Car Seat Distribution Program grant in the amount of $2,203 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security, Office of Grants and Research. Presented by Chief of Police Matthew Sonnabend. The item was approved.

2023-188 Appointments to a Board/Committee/Commission: Conservation Commission: Angela Tangney, as a regular member to a term expiring 6/2026; Hyannis Main Street Waterfront Historic District Commission: Kevin Ferreira, as an alternate member to a term expiring 06/2023; Planning Board: Matthew Teague, as a regular member to a term expiring 06/2024; Shellfish Committee: Gloriann Hurwitz, as a member holding a family permit, to a term expiring 06/2025. This item was approved.  

2023-189 Reappointments to a Board/Committee/Commission: Airport Commission: Joe DiGeorge,  as a regular member to a term expiring 06/30/2026, John Flores, as a regular member to a term expiring 06/30/2026; Board of Assessors: Melvin Pauze, as a regular member to a term expiring 06/30/2026; Board of Health: F.P. Tom Lee, as a regular member to a term expiring 06/2026; Community Preservation Committee: Lindsey Counsell, as a regular member to a term expiring 06/30/2026; Terry Duenas, as a regular member to a term expiring 06/2026; Conservation Commission: John Abodeeley, as a regular member to a term expiring 06/2026; Disability Commission: John Lundborn, as a regular member to a term expiring 06/30/2026; Linda McKinney, as a regular member to a term expiring 06/2026; Golf Committee: John Cookson, as a regular member to a term expiring 06/30/2026; Historical Commission: Barbara Debiase, as an alternate member, to a term expiring 06/30/2026; Nancy Shoemaker, as a regular member to a term expiring 06/2026; Nancy Clark, as a regular member to a term expiring 06/2026; Housing Committee: Hilda Haye, as a regular member to a term expiring 06/30/2026; Human Services Committee: Cheryl Powell as a representative member to a term expiring 06/30/2026;  Carlos Barbosa, as a representative member to a term expiring 06/30/2026; Hyannis Main Street Waterfront Historic District Commission: Jennifer Hinckley-Needham, as a regular member to a term expiring 06/30/2026; Jack Kay as a regular member to a term expiring 06/30/2026; Cheryl Powell, as a representative member from Barnstable Historic to a term expiring 06/30/2026; Land Acquisition and Preservation Committee: Elizabeth Lewis, as a regular member to a term expiring 06/30/2026; Licensing Authority: Nancy Karlson-Lidman, as an associate member, to a term expiring 06/30/2026; Mid Cape Cultural Council: Michele McCoy, as a regular member to a term expiring 06/30/2026; Old Kings Highway Historic District Committee: George Jessop, as an architect representative member, to a term expiring 06/30/2026; Planning Board: Mary Barry, as a regular member to a term expiring 06/2026; Tim O’Neill, as a regular member to a term expiring 06/2026; Steven Robichaud, as a regular member to a term expiring 06/2026; Recreation Commission: Rene King, as a regular member to a term expiring 06/30/2026; Registrar of Voters: David Jones, as an appointed member, to a term expiring 06/30/2026; Sandy Neck Board: Peter Sampou, a member representing Conservation Commission, to a term expiring 06/30/2026; Scholarship Committee: Janice Cliggott, as a regular member to a term expiring 06/30/2026; Shellfish Committee: Albert Surprenant, as a commercially permitted member, to a term expiring 06/30/2026; Trust Fund Advisory Committee: Frances Parks, as a Human Services Representative Member, to a term expiring 06/30/2026; Youth Commission: Cameron Levesque, as a student member to a term expiring 06/30/2024; Youth Commission: Eric Arabadzhiev, as a student member to a term expiring 06/30/2024; Michaela Stampfl, as a student member to a term expiring 06/30/2024; Shalanda Grant, as a student member to a term expiring 06/30/2024; Gene Desruisseaux, an advisory member, to a term expiring 06/30/2024; Piper Hunt, as a student member to a term expiring 06/30/2024; Madeleine Boyle, as a student member to a term expiring 06/30/2024; Mary Flynn Kayajan, as a student member to a term expiring 06/30/2024; Connor O’Reilly, as a student member to a term expiring 06/30/2024; George Noonan, as an advisory member, to a term expiring 06/2026; Jaden Jeffries, as a student member to a term expiring 06/30/2024; Megan Garthee, as a student member to a term expiring 06/30/2024; Laik O’Reilly, as a student member to a term expiring 06/30/2024; Zoning Board of Appeals: Aaron Webb, as a regular member, to a term expiring 06/2026. This item was approved.

 

2023-177 Appropriation Order in the amount of $378,795 for the purpose of paying the Fiscal Year 2024  Community Preservation Fund Debt Service Requirements – Presented by Finance Director Mark Milne.

 

OLD BUSINESS

2023-155 Appropriation Order in the amount of $11,072,723 for the purpose of funding the Town’s Fiscal Year 2024 Airport Enterprise Fund – Presented by Airport Manager Katie Servis and Assistant Airport Manager Matt Elia. The item was approved.

 

2023-176 Appropriation Order of the following sums of the Annual Revenues of the Community Preservation Fund be set aside for further appropriation and expenditure for the following purposes: $503,390 for Open Space and Recreation; $503,390 for Historic Resources; $503,390 for Community Housing; $3,017,456 for a Budget Reserve, and that the sum of $200,000 be appropriated from the Annual Revenues of the Community Preservation Fund for the Administrative expenses of the Community Preservation Committee – Presented by Finance Director Mark Milne. The item was approved.

 

Vice President Cullum entertained a motion to open and continue Agenda Item 2023-156 Appropriation Order in the amount of $82,761,867 for the purpose of funding the Town’s Fiscal Year 2024 Barnstable Public School Department Budget, as written, to a public hearing to be held at the Town Council meeting on June 15, 2023.

 

2023-157 Appropriation Order in the amount of $17,097,520 for the purpose of funding the Town’s Fiscal Year 2024 Barnstable Police Department Budget – Presented by Chief of Police Matthew Sonnabend and Ann Spillane, Finance & Support Services Director. The item was approved.

 

2023-158  Appropriation Order in the amount of $2,327,810 for the purpose of funding the Town’s Fiscal Year 2024 Planning and Development Department Budget – Presented by Director of Planning & Development Elizabeth Jenkins. The item was approved.

 

2023-159  Appropriation Order in the amount of $2,590,647 for the purpose of funding the Town’s Fiscal Year 2024 Community Services Department General Fund – Presented by Interim Director of Community Services Chris Gonnella. The item was approved.

 

2023-160  Appropriation Order in the amount of $3,690,660 for the purpose of funding the Town’s Fiscal Year 2024 Golf Course Enterprise Fund Budget – Presented by Interim Director of Community Service Chris Gonnella. The item was approved.

 

2023-161  Appropriation Order in the amount of $3,577,188 for the purpose of funding the Town’s Fiscal Year 2024 Hyannis Youth and Community Center Enterprise Fund Budget – Presented by Interim Director of Community Service Chris Gonnella. The item was approved.

 

2023-162  Appropriation Order in the amount of $1,459,889 for the purpose of funding the Town’s Fiscal Year 2024 Marine & Environmental Affairs Department General Fund Budget – Presented by Director of Marine and Environmental Affairs Derek Lawson. The item was approved.

 

2023-163  Appropriation Order in the amount of $713,286 for the purpose of funding the Town’s Fiscal Year 2024 Marina Enterprise Fund Budget – Presented by Director of Marine and Environmental Affairs Derek Lawson. The item was approved.

 

2023-164  Appropriation Order in the amount of $1,069,975 for the purpose of funding the Town’s Fiscal Year 2024 Sandy Neck Park Enterprise Fund Budget – Presented by Director of Natural Resource Derek Lawson. The item was approved.

 

2023-165  Appropriation Order in the amount of $2,461,095 for the purpose of funding the Town’s Fiscal Year 2024 Inspectional Services Department Budget – Presented by Director of Inspectional Services Brian Florence. The item was approved.

 

2023-166 Appropriation Order in the amount of $11,142,056 for the purpose of funding the Town’s Fiscal Year Department of Public Works General Fund Budget – Presented by Assistant Director of Public Works Rob Steen. The item was approved.

 

2023-167  Appropriation Order in the amount of $3,748,307 for the purpose of funding the Town’s Fiscal Year 2024 Department of Public Works Solid Waste Enterprise Fund Budget – Presented by Assistant Director of Public Works Rob Steen. The item was approved.

 

2023-168  Appropriation Order in the amount of $8,108,805 for the purpose of funding the Town’s Fiscal Year 2024 Department of Public Works Water Pollution Control Enterprise Fund Budget – Presented by Assistant Director of Public Works Rob Steen. The item was approved.

 

2023-169  Appropriation Order in the amount of $8,364,442 for the purpose of funding the Town’s Fiscal Year 2024 Department of Public Works Water Supply Enterprise Fund Budget – Presented by Assistant Director of Public Works Rob Steen. The item was approved.

 

2023-170  Appropriation Order in the amount of $261,328 for the purpose of funding the Town’s Fiscal Year 2024 Town Council Budget – Presented by Finance Director Mark Milne. The item was approved.

 

2023-171  Appropriation Order in the amount of $1,535,533 for the purpose of funding the Town’s Fiscal Year 2024 Town Manager Budget – Presented by Finance Director Mark Milne. The item was approved.

 

2023-172  Appropriation Order in the amount of $856,897 for the purpose of funding the Town’s Fiscal Year 2024 Public, Education & Government (PEG) Access Channels Enterprise Fund Budget – Presented by Finance Director Mark Milne. The item was approved.

 

2023-173  Appropriation Order in the amount of $7,530,592 for the purpose of funding the Town’s Fiscal Year 2024 Administrative Services Department Budget – Presented by Finance Director Mark Milne. The item was approved.

 

2023-174  Appropriation Order in the amount of $250,000 for the purpose of funding the Town Council’s Fiscal Year 2024 Reserve Fund  – Presented by Finance Director Mark Milne. The item was approved.

 

2023-175 Appropriation Order in the amount of $51,770,243 for the purpose of funding the Town’s Fiscal Year 2024 Other Requirements Budget – Presented by Finance Director Mark Milne. The item was approved.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, June 15, 2023. The public is able to view through Comcast Channel 18 (Comcast 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).