Town Council Meeting – Thursday, June 15, 2023
The June 15, 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 President Matthew Levesque called the meeting to order and Assistant Town Clerk Janet Murphy took the Roll Call. President Levesque led the Pledge of Allegiance, and held a Moment of Silence.
Barnstable Land Trust Recognition – President Levesque welcomed current Barnstable Land Trust Executive Director Janet Milkman and former Executive Director Jackie Barton to the podium to read a proclamation stating the following:
WHEREAS: Barnstable Land Trust is a community-supported nonprofit whose mission is to preserve the natural resources and special places in the Town of Barnstable and nearby areas for present and future generations;
WHEREAS: Barnstable Land Trust has conserved over 1,100 acres and supported the Town in protecting over 11,000 more since 1983;
WHEREAS: Barnstable Land Trust celebrates the power of protected lands to support healthy people, healthy communities, a healthy economy, and a healthy environment;
WHEREAS: Barnstable Land Trust prioritizes community investments in conservation that reflect the values and priorities of a strongly connected community;
WHEREAS: Barnstable Land Trust is a recognized local, statewide, and regional leader in collaborative land conservation and stewardship, community engagement, and advocacy for our natural and cultural resources;
WHEREAS: Barnstable Land Trust welcomes everyone to enjoy the diversity of cultural and natural assets of its properties through programs, hiking paths, trail guides, and special initiatives which are accessible to those who live, work, play, and visit here;
WHEREAS: Barnstable Land Trust is celebrating its 40th Anniversary this year by renewing its commitment to lasting results by ensuring conservation benefits and organizational excellence endures beyond our lifetimes;
We the Barnstable Town Councilors do hereby proclaim July 11, 2023, in the Town of Barnstable, as Barnstable Land Trust Day and we urge all people to join us in this special observance.
NOW THEREFORE, BE IT PROCLAIMED, that the Barnstable Town Council does hereby congratulate Barnstable Land Trust on their 40th Anniversary
IN WITNESS WHEREOF I, Matthew P. Levesque, President of the Barnstable Town Council, have hereunto set my hand and caused the official seal of the Town of Barnstable to be affixed this 11th day of July 2023
Next was Public Comment which was followed by Council Response to Public Comment.
President Levesque announced that Mr. Ells’ Town Manager Communications for the period of June 2nd- June 15th, 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:
- We are proceeding with the Budget Action Calendar for Fiscal Year 2024 as scheduled. The Barnstable Public School’s Operating Budget for FY2024 will be presented this evening at Town Council. For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us
- Congratulations to Ann Quirk, Town Clerk for receiving Town Clerk of the Year award at Massachusetts Town Clerk Association meeting on June 8, 2023.
- The Town Manager’s Office will hold a second virtual public hearing on proposed amendments to the Town Manager Regulations, Part IV of the Code of the Town of Barnstable, to adopt “Grant of Location” Regulations. These regulations provide application procedures and standards for the construction of wireless communication facilities located in the public rights of way. The public hearing will be held on Wednesday, June 21, 2023 at 10:00 am via Zoom. Full text of the proposed regulations are available on the Town of Barnstable website: https://www.town.barnstable.ma.us/Departments/TownManager under ‘Proposed Grant of Location Regulations’
- 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 was accepted through June 9, 2023 and is currently under review. There will be a public meeting on June 22, 2023 at 9:00am via zoom to review comments and recommend final Green Burial Regulations.
- Barnstable has been recognized as a 2022 Tree City, USA by the Arbor Day Foundation. Our community should be proud to live in a town that makes planting and care of tress a priority.
- Beginning Saturday, June 24th, Town of Barnstable beaches and ponds will be open seven days a week through Labor Day. All beaches will be open daily from 9AM through 9PM. Similar to last season; we are experiencing lifeguard shortages which may impact our ability to provide lifeguard coverage at all 13 locations. Ensuring public safety is our top priority. The Recreation Division is working to provide lifeguard staff at as many sites as possible. However, we advise the public that due to limited staffing, some sites may not have lifeguard coverage and swimmers will do so at their own risk. At this time we anticipate having full staffing, including lifeguards, at the following beaches: Craigville Beach, Dowses Beach, Covell’s Beach, Kalmus Beach, and Veteran’s Beach. We are hopeful to potentially provide lifeguard staffing at additional locations.
- As a follow up to our last update on beach raking an interim request for beach raking at Craigville and Covell’s Beach has been submitted to the Natural Heritage and Endangered Species Program (NHESP). If approved, the town may be allowed to rake these beaches for litter control during the 2023 summer season. Part of the interim request involves a commitment by the town to submit a full Beach Raking plan to NHESP by July 15, 2023 which would then be reviewed under a Massachusetts Endangered Species Act filing. We shall keep you advised as we progress on this effort.
- The Cape Cod & Islands Wastewater Trust Fund Board met this week and approved a 25% principle subsidy for wastewater projects listed as eligible on the 2023 Intend Use Plan for State Revolving Funds. The CC&IWTF Board also voted to prepare a letter to Governor Healy requesting additional state funding to assist the CC&IWTF in provide a continued 25% principle subsidy through 2027. The Board will be requesting that the legislative body from each town on Cape Cod provide a supportive letter for this request.
- Discussions continue with state officials on the proposed regulatory changes to Title 5 and Watershed Permit and state funding support to communities for the implement the regulations. We do anticipate that approval of the regulatory changes in the near future. The discussion regarding funding support is critical to each community’s ability to implement their approved Comprehensive Wastewater Management Plan which in turn by doing so will allow a community not to have to upgrade onsite septic systems (traditional Title 5) to innovative/alternative nitrogen reduction systems and then ultimately sewer if specified in an approved CWMP. We will keep you advised of our progress on this matter.
- Kelly Collopy, Communications Manager for the Public Works Department, will provide an update on Water Resource Management planning including the Comprehensive Wastewater Management Plan.
The Council voted to approve Public Session Minutes: June 1, 2023
Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.
President Levesque started the Orders of the Day by taking three items out of order.
2023-208 Approving a Conservation Restriction on 2.3 acres of land on Commerce Road in Barnstable Village between Barnstable Land Trust (GRANTOR) and the Town of Barnstable (GRANTEE)
Presented by Executive Director Janet Milkman of Barnstable Land Trust. The item was approved.
2023-209 Approving a Conservation Restriction on 1.2 acres of land on Commerce Road in Barnstable Village between Catherine Bowles Brazelton, Trustee of the Catherine Bowles Brazelton 2022 Revocable Trust (GRANTOR) and Barnstable Land Trust (GRANTEE)
Presented by Executive Director Janet Milkman of Barnstable Land Trust. The item was approved.
2023-210 Approving a Conservation Restriction on 1.4 Acres of Land on Commerce Road in Barnstable Village between Thomas B. Brazelton, III (GRANTOR) and Barnstable Land Trust (GRANTEE)
Presented by Executive Director Janet Milkman of Barnstable Land Trust. The item was approved.
OLD BUSINESS
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
Presented by Superintendent of Schools Dr. Sara Ahern. 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
Presented by Director of Planning & Development Elizabeth Jenkins. The item was approved
NEW BUSINESS
2023-196 Amending the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-44.5 Land Acquisition and Preservation Committee (Refer to Second Reading 07/20/2023)
2023-197 Amending the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-38.A, Hyannis Water Board (Refer to Second Reading 07/20/2023)
2023-198 Resolve approving Mark S. Ells’ outside employment with Cape Cod Community College
Presented by Town Attorney Karen Nober. The item was approved
2023-199 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 183, to remove the income limitations from the eligibility requirements for the Senior and Veterans Property Tax Work-Off Abatement Programs (Refer to Public Hearing 07/20/2023)
2023-200 Appropriation Order in the amount of $3,500,000 for portable classrooms at Barnstable Community Innovation School and Hyannis West Elementary School (Refer to Public Hearing 07/20/2023)
2023-201 Appointments to a Board Committee Commission: Council on Aging: John Jope, as a regular member to a term expiring 06/30/2024; Human Services Committee: Jennifer Hinckley-Needham, as a regular member to a term expiring 06/30/2024; Recreation Commission: Tony Lapolla, as a regular member to a term expiring 06/30/2026; Zoning Board of Appeals: Larry Hurwitz, as an associate member to a term expiring 06/30/2025
Councilor Schnepp requested to suspend the rules to vote on this item tonight. The item was approved.
2023-202 Reappointments to a Board/Committee/Commission: Comprehensive Financial Advisory Board: Wendy Soloman, as a regular member to a term expiring 06/30/2026; Land Acquisition and Preservation Committee: Elissa Crowley, as a regular member to a term expiring 06/30/2026; Douglas Payson, as a regular member to a term expiring 06/30/2026; Shellfish Committee: Patricia Farinha, as a member holding a family permit, to a term expiring 06/30/2026; Zoning Board of Appeals: Denise Thorne-Johnson, as an associate member, to a term expiring 06/2026; Mark Hansen, as a regular member to a term expiring 06/30/2026
(Refer to Second Reading 07/20/2023)
2023-203 Amending the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 168, Section 168-5, to conform to Chapter D of the Code of the Cape Cod Commission Regulations of General Application (Refer to Public Hearing 07/20/2023)
2023-204 Order authorizing the Town Manager to negotiate and execute a 99-year lease with the trustee of the Parker Lombard Trust for the building known as the West Barnstable Train Station and the land on which it is located (Refer to
Second Reading 07/20/2023)
2023-205 Order authorizing the taking of road easements by eminent domain for sewer and water purposes over certain private roads in Centerville and Hyannis known as Sunrise Road, Laura Road, Aurora Avenue, Wequaquet Avenue, Gregoire Circle, Portion of Midway Drive, Dacey Drive, Crestview Circle, Regatta Drive and Crosby Road (Refer to Second Reading 07/20/2023)
2023-206 Appropriation Order in the amount of $195,000 for the purpose of acquiring by purchase or eminent domain a five-year temporary construction easement and a permanent easement for shared use path, sewer and water purposes in land abutting Bearse’s Way, with an address of 1174 Pitcher’s Way, Hyannis, MA, owned by Windmill Square LLC (Refer to Public Hearing 07/20/2023)
2023-207 Resolution authorizing the flying and display of flags at Town Hall and at other town properties to commemorate State and Federal holidays.
Presented by Town Attorney Karen Nober. The item was approved.
The next regularly scheduled Town Council Meeting will be held on Thursday, July 20, 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).
