The March 16, 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 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.  During the Moment of Silence President Levesque remembered all involved in the war in Ukraine and praying for a peaceful resolution soon. N

ext up was Public Comment followed by Council Response to Public Comment. President Levesque announced that Mr. Ells’ Town Manager Communications for the period of March 3-16, 2023 have been recorded and were shown prior to this meeting.  Councilors had a number of questions for Mr. Ells who was joined by Finance Director Mark Milne, Director of Asset Management David Anthony, and DPW Director Dan Santos in providing responses. The recorded version of Mr. Ells’ Town Manager Communications can be viewed here. Mr. Ells’ report can be viewed on-line and the itemized list is shared below:

  1. For all those wishing to run for office in the November 7, 2023 Town Election, the nomination papers will be available on Friday, March 17, 2023 in the Town Clerk’s office.  The Town Election will include the following: 13 Town Council seats, 3 School Committee seats, and 2 Barnstable Housing Authority seats.  Please direct any questions you may have regarding this matter to Ann Quirk, Barnstable Town Clerk.
  2. On Wednesday March 8th, the Barnstable Youth Commission hosted their 7th Annual Job Fair at the Hyannis Youth and Community Center. This year, 42 prospective businesses and over 290 students attended the event.  The Job Fair was the largest to date, with 13 different schools represented from across the Cape.  The largest student participation came from Barnstable High School with over 155 students attending.  The Youth Commissioners did a wonderful job planning and organizing the event and assisting job seekers during the job fair.
  3. We are proceeding with the Budget Action Calendar for FY2024 as scheduled.  On March 14, 2023 the Town Council (via email) received a memo from Mark Milne, Director of Finance, to the Town Manager that outlines increases in the Governor’s proposed FY2024 budget to Chapter 70 aid.  The Governor’s proposed budget is subject to the state legislature passing a budget. We have a reasonable degree of confidence that the proposed budget will receive approval as the legislature typically attempts to add to the budget and rarely subtract.  As outlined in the memo the increase in Chapter 70 aid will provide financial support to Barnstable Public Schools to meet the requirements of the Student Opportunity Act.  The Capital Budget for FY2024 and Capital Plan for FY2024 to FY2028 have been submitted to the Town Council.  Public hearings on the Capital Improvements Plan (CIP) orders are scheduled to begin April 27, 2023.  The Town Manager Hearing on proposed changes to fiscal year fees is scheduled for Tuesday, March 21st at 11:00 AM via Zoom.  The hearing notice and proposed fees are posted on the Town website. The Superintendent of Barnstable Public Schools continued FY2024 Operating Budget discussions with the School Committee last evening as per the budget calendar.  We encourage all to view the proposed FY2024 budget summary presentation.  We have a scheduled workshop with Town Council on April 6, 2023 to continue the discussion regarding revenue sources to address the capital costs of implementing the Comprehensive Wastewater Management Plan.  For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  4. The Town received competitive bids from bond underwriters on Wednesday, March 8, 2023, for a $14,550,000, 20-year general obligation bond issue. Janney Montgomery Scott LLC was the winning bidder on the Bonds with an average interest rate of 3.25%.  The Town received a total of 10 bids on the Bonds.  Bond proceeds will be used to finance various municipal projects.  Prior to the sale, S&P Global Ratings, a municipal bond credit rating agency, affirmed the Town’s ‘AAA’ bond rating, the highest rating attainable. The rating agency cited the Town’s strong wealth and income indicators, comprehensive set of formalized financial policies and practices, history of strong financial performance with maintenance of very strong reserves, low overall debt and contingent liability profile, and strong institutional framework as positive credit factors.
  5. On February 15, 2023, a group of municipal officials met with Lieutenant Governor Kim Driscoll on the proposed regulatory changes to Title 5 and Watershed Permit regulations.  A second meeting with the Lieutenant Governor and the Department of Environmental Protection (DEP) was held on March 3, 2023 to continue a discussion regarding comments and concerns expressed to Mass DEP about the proposed regulatory changes.  We do anticipate that Mass DEP will promulgate changes to the regulations in the future therefore discussions with Cape Cod communities is critical as the proposed changes have significant impacts on Cape Cod properties.  Mass DEP has reached out to the Town and requested a meeting to discuss how the proposed regulations comport with the Town’s efforts to implement its approved Comprehensive Wastewater Management Plan.  We will keep you advised of our progress on this matter.
  6. As stated at the March 2, 2023 Town Manager communication , the Town Attorney’s Office with the assistance of outside expert legal counsel led the development of the proposed Town Manager Grant of Locations Regulations Providing Standards for the Placement of Wireless Communication Facilities in the Public Rights of Way, with support from the Planning & Development Department.  An initial draft of the regulations was posted on the Town website and made available for public comment on June 30, 2022.  Attached is the link to the draft Grant of Location regulations. Town of Barnstable – Town Manager’s Office.  The authority to adopt and implement these regulations lies with the Town Manager.  The Town Manager will hold a hearing on these regulations on March 23, 2023 at 2:00 PM via Zoom. These regulations provide application procedures and standards for the placement of wireless communication facilities in the public rights of way. The purpose of these regulations is to provide a uniform and comprehensive set of objective procedures and standards for the location, placement, installation, height, appearance and operation of personal wireless service facilities in the public ways to meet the needs of residents, business owners and visitors, while protecting public health and safety and the aesthetic character of the community, consistent with applicable state and federal requirements.  With these regulations, the Town seeks to maximize local control of wireless communications facilities in the public ways, while ensuring compliance with state and federal laws and requirements.  We will keep you advised as we progress through the review and approval of these draft regulations.
  7. Residents who have not yet purchased their 2023 Beach Parking Permit for the upcoming season received a reminder email earlier this week.  If you have already mailed, dropped off, or electronically submitted your 2023 Beach Parking Permit application, please disregard the email.  If you have not, please apply at your earliest convenience to avoid delays in receiving your permit.  The options by which you can obtain a 2023 Beach Parking Permit are as follows:
    Online: If renewing permits from 2022, please search for your renewal email sent from noreply@viewpointcloud.com and follow steps to renew.  You may also visit https://barnstablema.viewpointcloud.com/categories/1089 to purchase your permit(s) online.
    To access step-by-step guides to the online process, please click on the links below:
    Video: https://youtu.be/voQZt1ymZpE
    PDF Guide:      https://www.town.barnstable.ma.us/Departments/Recreation/Online%20Guide-Resident%20Parking%20Permits.pdf
    By Mail:     Mail-in applications can be downloaded from this link: https://www.town.barnstable.ma.us/Departments/Recreation/Beach-Stickers.asp
    Permit applications are available at the Hyannis Youth & Community Center (HYCC),141 Bassett Lane, Hyannis, MA 02601, if you are unable to print the application.
    |Drop Box: Completed forms with all the necessary documentation, stamped self-addressed envelope, and payment, can be placed in the drop box located outside the front door of the HYCC.
    If you have any questions, please call the Parking Permit hotline at 508-790-6345 X145 and a Recreation Division team member will get back to you as soon as possible.  Please be aware that given the high volume of permit applications, turnaround time for stickers to be issued can be 3-4 weeks.
  8. As part our Asset Management Department’s ongoing effort to manage town-wide assets we announced during the March 2nd Town Manager Communications that three (3) municipal properties have been declared surplus.
    These properties are located at:
  • 259 Barnstable Road, Hyannis
  • 30 Ocean Street, Hyannis; and
  • 164 Route 149, Marstons Mills

Signing the declaration of surplus allows for Asset Management and our Procurement office to prepare Request for Proposals (RFPs) for the disposition of surplus property via sale.  The properties located at 259 Barnstable Road and 30 Ocean Street will be issued for disposal without restrictions.  The property located at 164 Route 149 in Marstons Mills has been restricted for affordable housing. You may recall that recently the Town Council acted to change the use on that property by dedicating it for Affordable Housing.  The Property Disposition RFP for 259 Barnstable Road, Hyannis will be posted in the Central Register, as required by Mass General Law Chapter 30 B on Wednesday, March 22, 2023.  We will be notifying abutters in writing of the disposition and the RFP will be posted and live on Bonfire – our online procurement system – as of Wednesday, March 22, 2023.  The Town is also required to advertise in the Local Newspaper and those ads will appear on Sunday, April 9, 2023 and again on Sunday, April 16, 2023 for the property that is submitted. Proposals will be initially due the week of April 24th.  Questions on the property can be directed to David Anthony, Director of Asset Management.  For questions about the procurement process, please contact Amber Patterson, our Chief Procurement Officer, at 508-737-3280.  The RFPs for 30 Ocean Street, Hyannis and 164 Route 149, Marstons Mills are planned to be advertised and issued in the near future.  The interested public will be able to find the RFPs on the Bid/RFP page on our Town website under our procurement office. Link provided: https://townofbarnstable.bonfirehub.com/portal/?tab=openOpportunities

 

The Superintendent of Barnstable Public Schools Sara Ahern presented the proposed FY 2024 School Department Operating Budget to the School Committee on March 15, 2023.  That presentation can be viewed on Channel 18 and here.

In response to concerns expressed at a recent meeting I attended with the Osterville Village Association, I would like to take a moment to clarify the Town administration’s position on planning and zoning for that village. First, there is no proposal by Town staff for any zoning changes in Osterville; and none are forthcoming.    

             Osterville Village center is designated by the Cape Cod Commission as an “Activity Center”.  “Activity Centers” are a planning tool used by the Cape Cod Commission; they were identified by the Commission through a mapping process.  This designation does not represent the land use and growth policy for our community.  Those positions are formed through our Local Comprehensive Planning (LCP) process; and as you are aware, a LCP update is currently underway.

             The LCP is the Town’s guiding document for our community’s land use future, it establishes where growth will occur and where preservation efforts will be focused.  This plan will be shaped by the voices of the residents in the Town of Barnstable, not by the Cape Cod Commission’s regional plan.

             The Town’s Local Comprehensive Plan update is meant to engage our community in meaningful conversations that recognize the potential for growth, and respond to it by developing tools to control, direct, and manage it to protect our quality of life, community character, and environmental health.

            The Cape Cod Commission certifies town Local Comprehensive Plans that incorporate a robust community engagement process and the development of goals and strategies that meaningfully address topics outlined in the Commission’s plan.  This certification allows the Town greater access to funding and planning tools to implement the goals of our local plan.

  1. 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 can be viewed here.

Cape Cod Commission Year in Review for 2022 presentation by Kristy Senatori, Executive Director. Fred Chirigotis, Barnstable’s Representative to the Cape Cod Commission, addressed the Council. Cape Cod Commission Communications Manager Sarah Colvin was also present. Specific topics addressed included water quality, climate change, and regional housing strategy. A robust question and answer period with Councilors followed.  The Council voted to Public Session Minutes: March 2, 2023. 

Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements. Communications Director Lynne Poyant provided a Summary of Town of Barnstable Communications Survey.  The PowerPoint presentation can be viewed here.

The Orders of the Day began with OLD BUSINESS. President Levesque entertained a motion to open and continue AGENDA ITEM 2023-133 Appropriation Order in the amount of $22,700 for the purpose of acquiring the fee in Mother’s Park Road by eminent domain for sewer and water and general municipal purposes to a Public Hearing on April 6, 2023.

Assistant Town Manager Andy Clyburn provided the rationale for AGENDA ITEM 2023-139 Order approving an Amendment to the 1992, 1995 and 1997 agreements between the Town and the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority. Steamship Authority General Manager Bob Davis provided additional information including images of the vessels. Bob Jones, Barnstable’s Representative to the Board of Governors, provided some history. A motion was made to continue this item to a date uncertain which was approved. 

DPW Director Dan Santos provided the rationale for AGENDA ITEM 2023-140 Appropriation Order in the amount of $34,500 for burial equipment for Department of Public Works Cemetery Program which was approved.

NEW BUSINESS AGENDA ITEMS 2023-141 through 2023-145 Appropriation Order in the amount of $65,000 for the Department of Community Services Golf Enterprise Fund Operating Expenses; 2023-142 Appropriation and Transfer Order in the amount of $195,000 from the Community Preservation Open Space/Recreation Funds for the completion of the Cape Cod Rail Trail Phase 3 Engineering Services; 2023-143 Appropriation and Transfer Order in the amount of $300,000 in Community Preservation Open Space/Recreation Funds for the purpose of funding the Cape Cod Rail Trail, Phase 4 – Pre-25% Design Services; 2023-144 Appropriation and Transfer Order in the amount of $300,000 from Community Preservation Funds for the restoration and preservation of the Unitarian Church of Barnstable, 3330 Main Street, Barnstable, MA;  2023-145 Order Amending Article II, Sewer Assessments, Chapter 184 Sewers and Water of the General Ordinances were referred to individual Public Hearings on April 6, 2023. The next regularly scheduled Town Council Meeting will be held on Thursday, April 6, 2023. 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).