Town Council Meeting – Thursday, June 27, 2024

The June 27, 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 and Town Clerk Ann Quirk took the Roll Call.

Town Council Vice President Craig Tamash introduced Sergeant First Class Richard Russell Gage ret.to lead the Pledge of Allegiance. Born August 4, 1960 at Cape Cod Hospital, Hyannis, he is an 11th generation Cape Codder, raised in East Sandwich, East Dennis, permanently residing in West Barnstable Mass. He was a Licensed Practical Nurse for Cape Cod Healthcare for 29 years and United States Army Field Artillery for 22 years and was stationed in Bamberg West Germany, Fort Bragg North Carolina, Yannitsia Greece, El-Taji Iraq {2004-2005} and Baghdad, Iraq {2007-2008} during his service. To quote Mr. Gage, he is “married to Beautiful Wife Pamela Fondulis Gage. :)”

Infrastructure and Energy Subcommittee Chair Barry Sheingold offered a Tribute to Peter Doyle during the Moment of Silence. Peter Doyle, a 35-year employee of the Town of Barnstable and vice chair and former chair of the Town’s Infrastructure and Energy Committee, passed away two weeks ago. I would like to say a few words in memory of Peter on behalf of the committee , which I chair. Peter suffered from ALS (Lou Gehrig’s disease) which was diagnosed a number of months ago. Courageously, he decided to continue to contribute to our committee after his diagnosis and was extremely helpful to me, as a newish committee member and new committee chair. Peter said it gave him a sense of purpose. That was a key to Peter’s life. In a video made by the Town 10 years ago celebrating Peter’s long-time service as a Water Pollution Control Supervisor, Peter said his work’s biggest accomplishment was removal of nitrogen from waste water and said his goal was to serve the community and save the world. He also demonstrated that sense of purpose through his volunteer work with the Barnstable Land Trust and his long-time service with the Town’s Infrastructure and Energy Committee during his retirement. His fellow committee members remember him as a thoughtful leader and a warm and generous colleague. He has been described as a “sweet soul,” and I think he has been a great example for us all. May his memory be a blessing.

Update on Park City Wind Host Community Agreement

Town Attorney Karen Nober provided background on the Town’s Host Community Agreement with Park City Wind and then turned it over to outside counsel to provide additional information. She noted that they were providing this information before the Public Comment portion of the meeting to ensure that the public would have an opportunity to speak on this matter. The Town met several times in Executive Session over the past few months regarding the Park City Wind proceeding before the Energy Facilities Siting Board, its impact on the Host Community Agreement, and the Town’s litigation options. Attorney Nober shared the decisions made by the Council in those Executive Sessions and how the members of the Council voted. Last November, the Town enlisted the services of Anderson & Kreiger to assist the Town in this matter and worked closely with Attorneys Colin Van Dyke and Ben Goldberger. Attorney Nober provided a timeline before turning to Attorney Colin Van Dyke to further explain the features of the side agreement that the Town entered into with Park City Wind earlier this week.

Next was Public Comment.

Council Response to Public Comment followed.

President Penn announced that Town Manager Communications for the period of June 5-25, 2024 had been pre-recorded by Assistant Town Manager Andy Clyburn and was shown on our Government Access Channel prior to the meeting. The recorded version of Mr. Clyburn’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 begins on July 1st.  A budget calendar for the Fiscal Year 2026 Operating Budget and Capital Improvements Plan will be prepared and issued by the end of August. Focus for the next couple of months will be on the closing of Fiscal Year 2024 operating budgets.
  2. Sean O’Brien, Town Treasurer, and his staff have been testing the preliminary tax bill file for the Fiscal Year 2025 preliminary tax bills. The preliminary tax bills have been tested twice and both times the bill file processed correctly indicating that the town’s software vendor has corrected their tax bill software error. The preliminary tax bills will be issued by the end of June and they should equal one-half of the fiscal year 2024 total tax bill amount. Due dates on the preliminary tax bills are August 1, 2024 and November 1, 2024.
  3. Work is ongoing by Town staff to pull together the body of information that will be connected to a QR code or link on 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 in the very near future.  This QR code or link will be added when we have a block of information ready.  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.
  4. Park City Wind, LLC (“PCW”) filed a petition with the Department of Public Utilities (“DPU”) regarding 6 Shootflying Hill Road (Assessor Parcels 235001W00 and 235001B00).  On Friday, May 17, 2024, the DPU posted this notice on the docket for DPU 24-48. Under the petition, PCW seeks approval of zoning exemptions to allow for the construction and operation of a driveway/road across the land at 6 Shootflying Hill Road to reach the adjacent property at 8 Shootflying Hill Road on which the proposed substation would be located.  The DPU proceeding is limited solely to the driveway/access proposed for 6 Shootflying Hill Road and does not cover any part of the PCW project approved by the EFSB in its December 15, 2023, decision. PCW’s related filings in DPU 24-48 made last month can be accessed here: https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber/24-48  The DPU conducted a public hearing with both in-person and remote participation options at 6:30 PM, on Tuesday, June 18, 2024, at Barnstable High School – Performing Arts Center, 744 West Main Street, Hyannis, MA. 02601.
  5. On Saturday, June 22nd, the Town of Barnstable beaches and ponds began the summer season. Beaches will be open seven days a week through Labor Day and all beaches will be open daily from 9:00 AM through 9:00 PM. Similar to last season, we are experiencing lifeguard shortages this summer which will 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. We have full staffing, including lifeguards, at the following beaches: Craigville Beach, Dowses Beach, Covell’s Beach, Kalmus Beach, Veteran’s Beach, and Loop Beach. To assist the public with their summer plans, we will continue to communicate our staffing operations as they develop or change. The Town has issued over 21,000 beach parking permits to date, and beaches will have gate staff on site to ensure users have their annual parking permit or applicable receipt (that includes vehicle registration number) to control equitable access. Beach raking operations have been approved at most saltwater beaches and are scheduled bi-weekly. Please help us keep our beaches clean, pack in / pack out or use proper receptacles.
  6. Superintendent Sara Ahern and Director of Food Services Dave Badot are pleased to announce that Barnstable Public Schools will once again be providing remote meal service through the State’s Summer Eats program. The program is offered Monday through Friday throughout the summer from July 1 to Aug. 23. Children 18 years old and younger are eligible to receive meals. All serving locations will be open from 8:30-9:30 a.m. for breakfast and 11 a.m.-12 p.m. for lunch. Residents will be able to pick up meals at the following locations:
  • July 1 through Aug. 16 at Barnstable High School, 744 W Main St, Hyannis 
  • July 1 through Aug. 23 at Barnstable West Barnstable Elementary School, 2463 Main St, West Barnstable; Barnstable Intermediate School, 895 Falmouth Road, Hyannis; and Barnstable United Elementary School, 730 Osterville – West Barnstable Road, Marstons Mills

More information is available through Barnstable Public Schools.

  1. 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.
  2. The Town of Barnstable Homeowner’s Sewer Connection Guide is now available.  Developed by the Barnstable Department of Public Works, this 30-page guide aims to help homeowners prepare for connection to the Town’s newly expanded municipal sewer system. The Homeowner’s Sewer Connection Guide walks property owners through the step-by-step process for connecting to sewer, including important considerations, and financial responsibility. Enclosed within the guide property owners will also find information related to financing sewer connection costs through Barnstable County’s Cape Cod AquiFund and important details regarding eligibility requirements for the Massachusetts State Tax Credit. To download a copy of the Homeowner’s Sewer Connection Guide, please visit the Reports and Documents page on BarnstableWaterResources.com.
  3. Kelly Collopy, Communications Manager for the Public Works Department, will provide an update on Water Resource Management planning including the Comprehensive Wastewater Management Plan. Ms. Collopy’s PowerPoint presentation may be viewed here.

The Council voted to approve Public Session Minutes:  June 6, 2024.

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

Councilor Matt Levesque took a moment to recognize a group of graduate and undergraduate college students who are participating in the Massachusetts Housing & Climate Innovation Center’s (HCIC) Summer All-Stars program.  The MassHCIC was founded last year as a Massachusetts non-profit organization with the mission or attracting, supporting, and leveraging innovative responses to the dual climate and housing crises facing Cape Cod and the Commonwealth. Specifically, MassHCIC facilitates the use of Cape Cod’s natural and built environments as a proving ground to deploy, test, and evaluate innovative materials, products, technologies, and construction models – often referred to as “Shelter Tech” – for new and renovated housing that can be simultaneously climate resilient, “NetZero”, and affordable. Housed within Cape Cod Community College’s Wilkens Science & Engineering Center, and working this summer with the Cape Cod Commission and the towns of Barnstable, Sandwich, Orleans, Chatham and Eastham for 2024, MassHCIC is building an “Innovation Opportunity Atlas” identifying in each town:

  • Specific municipal priorities and unique challenges in addressing climate resilience/adaptation, decarbonization, and housing affordability; and
  • Municipal buildings, assets and natural coastal and inland resources that can serve as platforms for deploying and evaluating the efficacy of promising innovations that are ready to make the leap from the “bench” and into the field.

As soon as this Fall, the Innovation Opportunity Atlas will allow MassHCIC to promote Cape Cod as a proving ground for Sheltertech innovations. In turn, deploying, testing, and scaling innovations for climate resilience, climate mitigation and housing affordability can help meet our region’s most pressing challenges and facilitate broader adoption and global use of innovations proven on Cape Cod. Two students at Town Council – Tess Scrivner and Abby Rapuano – will be working directly with our Environmental Sustainability Manager Sean Hogan to identify opportunities to demonstrate innovative approaches for resilient netzero and affordable housing here in Barnstable.

Orders of the Day.

OLD BUSINESS

AGENDA ITEM 2024-228 Reappointments to a Board/Committee/Commission: Board of Assessors: William Garreffi as a regular member to a term expiring 06/30/2027; Community Preservation Committee: Deborah Converse, as a BHA representative member to a term expiring 06/30/2027; F.P. Tom Lee, as a conservation commission representative member to a term expiring 06/30/2027; Katherine Garofoli, as a regular member to a term expiring 06/30/2027; Conservation Commission: William Hearn, as a regular member to a term expiring 06/30/2027; Elderly & Disabled Taxation Aid Committee: William Garreffi, as a Board of Assessors member, to a term expiring 06/30/2027; Golf Committee: Jason Aubee, as a regular member to a term expiring 06/30/2027; Keith Hochstein, as a regular member to a term expiring 06/30/2027; Historical Commission: Cheryl Powell, as a regular member to a term expiring 06/30/2027; Marilyn Fifield, as a regular member to a term expiring 06/30/2027; Human Services Committee: Sheree Kay, as a representative member, to a term expiring 06/30/2027; Hyannis Main Street Waterfront Historic District Appeals Committee: Aaron Webb as a resident of Hyannis member, to a term expiring 06/30/2025; Alison Alessi as an Architectural Representative member, to a term expiring 06/30/2025; Infrastructure and Energy Committee: John Solomon, as a regular member, to a term expiring 06/30/2027; Peter Doyle, as a regular member, to a term expiring 06/30/2027; Licensing Authority: Larry Decker, as a regular member to a term expiring 06/30/2026; Open Space Committee: Lev Malakhoff, as a regular member to a term expiring 06/30/2027; Tracy Pratt, as a regular member to a term expiring 06/30/2027; Ann Canedy, as a regular member to a term expiring 06/30/2027; Anne Rowland, as a regular member to a term expiring 06/30/2027; Shellfish Committee: Robert Lancaster, as a member holding a family permit to a term expiring 06/30/2027; Doug Crook, as a regular member to a term expiring 06/30/2027; Jacob Angelo, a member-at-large to a term expiring 06/30/2027; Paul Hendricks Jr., as a professional fisheries trained member to a term expiring 06/30/2027; Youth Commission: Isabelle Rudy, a student member to a term expiring 06/30/2025; Michaela Stampfl, a student member to a term expiring 06/30/2025; Shalanda Grant, a student member to a term expiring 06/30/2025; Madeleine Boyle, a student member to a term expiring 06/30/2025; Mary Steinhilber, a student member to a term expiring 06/30/2025;  Sophia Machnik, as a student member to a term expiring 06/30/2025; Cameron Levesque, as a student member to a term expiring 06/30/2025; Jaden Jeffries, as a student member to a term expiring 06/30/2025;  Daniel Gomes; as a student member to a term expiring 06/30/2025; Megan Garthee, as a student member to a term expiring 06/30/2025.

An amendment to the motion was made to remove the following from the item: Infrastructure and Energy Committee: Peter Doyle, as a regular member, to a term expiring 06/30/2027; Youth Commission: Isabelle Rudy, a student member to a term expiring 06/30/2025; and Cameron Levesque, as a student member to a term expiring 06/30/2025. The motion was approved.

The gavel was handed to Vice President Tamash.

President Penn made a motion to further amend Agenda Item 2024-228 remove the appointments to the Hyannis Main Street Waterfront Historic District Appeals Committee and refer those appointments back to the Appointments Committee for further consideration as there are two Hyannis business owners and no Hyannis resident. Councilor Starr offered an amendment to remove Allison Allessi’s nomination as the Architect member from the previous motion and only Aaron Webb’s appointment would be referred to the Appointments Committee. The amendment passed. The item was approved as amended.

The main item as amended by the amendments was approved.

Vice President Tamash returned the gavel to President Penn.

AGENDA ITEM 2024-229 Appointments to a Board/Committee/Commission: Hyannis Main Street Waterfront Historic District Commission: Peri Wentworth, as an alternate member to a term expiring 06/30/2026; Conrad Watson, as an alternate member to a term expiring 06/30/2026; Disability Commission: Eileen Elias, as a regular member to a term expiring 06/30/2027; Inna Podgornaya, as a regular member to a term expiring 06/30/2027; Housing Committee: Eileen Elias as an alternate member to a term expiring 06/30/2025.

Presented by Town Councilor Kris Clark. The item was approved.

NEW BUSINESS

A motion was made to suspend the rules to act on the first reading was approved.

AGENDA ITEM 2024-230 Appointments to a Board/Committee/Commission: Comprehensive Financial Advisory Committee: Jeremy Shea, as a regular member to a term expiring 06/30/2027; JFK Memorial Trust Fund Advisory Committee: Wendy Northcross, as a regular member to a term expiring 06/30/2025.

Presented by Town Councilor Kristen Terkelsen. The item was approved.

AGENDA ITEM 2024-231…… Authorization to contract for and expend a Fiscal Year 2024 grant in the amount of $74,085.24 from the Massachusetts Department of Environmental Protection for the purpose of funding the purchase of equipment that will be used to prevent, locate and respond to oil spills.

Presented by Harbormaster Brian Taylor. The item was approved.

AGENDA ITEM 2024-232 Resolve approving Mark S. Ells’ outside employment with Cape Cod Community College.

The item was approved.

AGENDA ITEM 2024-233 Resolve adopting a policy on use of Town cell phones and email by Town Councilors.

Presented by Town Attorney Karen Nober and IT Director Jim Benoit.

Motion to amend to make the effective date to August 1, 2024 was approved.

The item was approved as amended. 

AGENDA ITEM 2024-234 ….. Resolve approving the Fish Weir applications from Jacob Angelo, a resident of West Barnstable.

Presented by Harbormaster Brian Taylor and the applicant Jacob Angelo.

Motion to amend the start day to the day after Labor Day was approved.

The item was approved as amended.

Here are the images for the Osterville and Hyannisport locations of the Fish Weirs.

The item was approved as amended.

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 was referred to a Public Hearing on 07/18/2024.

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 was referred to a Second Reading 07/18/2024.

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 was referred to a Public Hearing on 07/18/2024.

AGENDA ITEM 2024-238 Confirming reappointments to the Affordable Housing/Growth & Development Trust Fund Board: Michael Andrew Clyburn, Assistant Town Manager, and a resident of Sandwich, MA, to a term expiring June 30, 2025; Mark Milne, Town Director of Finance, and a resident of Marstons Mills, MA, to a term expiring June 30, 2026; Wendy Northcross, a resident of West Barnstable, MA, to a term expiring June 30, 2025; Laura Shufelt, a resident of West Barnstable, MA, to a term expiring June 30, 2026.

The item was approved.

AGENDA ITEM 2024-239 Approving the appointment of David Anthony, the Town’s Director of Asset Management, to serve as the Town’s representative on the Cape & Island Vineyard Electric Cooperative, Inc.

Town Attorney Karen Nober presented the item which 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 was referred to a Public Hearing on 07/18/2024.

The next regularly scheduled Town Council Meeting will be held on Thursday, July 18, 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