The March 6, 2025 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. Assistant Town Clerk Janet Murphy took the Roll Call. Town Council President Craig Tamash chaired the meeting and called the meeting to order. President Tamash announced that Councilors Felicia Penn, Gordon Starr, and Kristin Terkelsen have joined the meeting via Zoom and that all votes will be roll call.

 

Town Councilor Betty Ludtke welcomed Lieutenant Commander Bruce Blackman to lead the Pledge of Allegiance.  Lt. Commander Blackman was commissioned into the U.S. Coast Guard in 1981 as a graduate of the Officer Candidate School, Reserve Training Center, Yorktown, Virginia.  His initial assignment was as the Boating Standards Officer for the First Coast Guard District in Boston, Massachusetts.  Following that, he transferred to Coast Guard Headquarters in Washington DC to serve in the Office of the Comptroller and the Office of Acquisition. In these assignments he was involved in many major systems acquisition programs including the Hamilton class high endurance cutters and the Reliance class medium endurance cutters.  He assisted in negotiations for the Bay class 140’ icebreaking tugs and the new fleet of 55’ aids to navigation boats.
Subsequent assignments brought him to Resident Inspection Offices at both Bath and Portland, Maine.  As a contractor officer, he oversaw the overhaul and modernization of four high endurance cutters. Lieutenant Commander Blackman then served on the staff of the Commander, First Coast Guard District, Boston, Massachusetts in the Marine Environmental Protection and Planning branches.  He was a member of the team that responded to the marine vessel North Cape grounding and oil spill off the coast of Rhode Island in 1995.
He completed his service as an Area Housing Officer for the Integrated Support Command, Boston managing twelve regional housing officers with a total inventory of more than 2500 units of housing. Lieutenant Commander Blackman holds a masters degree in economics from the University of New Haven.  He and his wife, Donna reside in Cotuit, MA.

 

President Tamash asked all to remain standing for a Moment of Silence to acknowledge the passing of two volunteers for the Town. Kevin O’Neil was a fourth generation Cape Codder. He was a member of various committees over the years but most significantly a member of the DPW Commission for 12 years where he served as Chairman. The Hyannis Fire District is mourning the death of Victor Skende. Victor was a Hyannis Fire District Commissioner and he was instrumental in the acquisition and planning of the new Hyannis Fire Station and the modernization of their equipment and the expansion of the department.

 

President Tamash announced that the Town Council received a number of emails on a variety of issues and that those emails were shared with the full Council.

 

Next was Public Comment which was followed by Council Response to Public Comment.

 

President Tamash announced that Town Manager Communications for the period of February 26-March 4, 2025 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. We continue with the preparation of the Capital and Operating Budgets for FY 2026. We continue to follow the updated budget action calendar. Submittal of the recommended FY 2026 Capital Budget to Town Council is planned for a first reading on April 3, 2025, followed by hearings planned for the April 17 and May 1 Town Council meetings. The Fiscal Year 2026 Capital Improvement Plan is available on the Town’s website at the link provided below. Printed copies will be available shortly. FY2026-2030 Capital Plan A Town Manager Fiscal Year 2026 proposed fee hearing is scheduled for Tuesday, March 18, 2025, at 11:00 AM with details available shortly in the public notice.  For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  2. On Monday, March 3, 2025, I provided written and oral testimony at the draft 2025 Intended Use Plan (IUP) hearing. A copy of the written testimony is linked. In my testimony I expressed concerns regarding the draft 2025 IUP.  I requested that the proposed changes to the 2025 draft IUP regarding the cap of $50 million each year with no carryover costs in subsequent years and that projects needing carryover should reapply as a new project in future years be rescinded and that the terms and conditions of financing revert to those that have been discussed in prior years with the Department of Environmental Protection (DEP) and the Clean Water Trust. These proposed changes deviate from past practices and undermine financial planning performed at the local, regional and State levels to create financial assumptions that maximize use of the State Revolving Funds and in doing so impede towns’ ability to secure Cape Cod & Island Wastewater Trust Fund (CCIWTF) principal subsidies that have been essential in allowing towns to advance wastewater projects. I emphasized the importance of being listed in the IUP as eligible for funding as this is the mechanism to receive a 25% principal subsidy from CCIWTF. Each Cape town proposing projects for the 2025 funding cycle did so assuming that the terms of financing would be what they have been in prior years because that is what we collectively discussed and agreed upon. I asked the DEP to proceed with approval of the 2025 IUP without the changes referred to above and convene discussions with communities on a long-term strategy to maintain the viability of this critical funding mechanism. I will keep the Town Council and public advised as this matter progresses.
  3. On March 3, 2025, I sent a letter on behalf of the Town of Barnstable to Governor Healey requesting that the next Environmental Bond include $500 million to be used by the Clean Water Trust Fund to expand its borrowing limitations to meet the increasing capital requests of eligible communities utilizing the State Revolving Fund (SRF). By expanding the capacity of the SRF to meet the demands for Clean Water State Revolving Fund projects such funding will allow the SRF to meet its current obligations and provide a viable funding mechanism to allow Barnstable to continue advancing its approved Comprehensive Wastewater Management Plan (CWMP). A group of Cape Cod communities and other concerned organizations met with the Undersecretary to the Executive Office Energy and Environmental Affairs on February 27, 2025, to discuss the development of the next Environmental Bond Bill, expected to be drafted this spring, and the environmental priorities identified for potential funding in the Bill. Adequate funding of future Intend Use Plans was one of the priorities. We anticipate future discussion over the coming weeks and months as the next Environmental Bond Bill is drafted.
  4. The Executive Office of Energy and Environmental Affairs (EEA) has reopened the public comment period on their draft regulations, 301 CMR 52.00, which would implement the Public Lands Preservation Act (a/k/a the Open Space Act). EEA previously held public hearings on December 17, 2024, and January 16, 2025. EEA has scheduled a third virtual public hearing for Wednesday, March 26 at 4:00 PM, and the extended comment period will close at 5:00 PM that same day. Our Legal Department has registered to attend the virtual public hearing on March 26th. More information can be found here on an EEA webpage: https://www.mass.gov/event/march-26-2025-notice-of-public-hearing-on-the-open-space-act-regulations-03-26-2025. Please note that the “February 28, 2025 DRAFT Open Space Act Regulations” posted on the EEA webpage is the same version that was posted for the earlier public hearings. EEA has included on the above-referenced webpage a link to a “Notice to Reviewers.” In this Notice, among other things, EEA asks to hear from the public on two specific topics: (1) where/how EEA proposes that public entities notify the public of a proposed Article 97 Action; and (2) EEA’s online tool for identifying Natural Resource Values under section 52.08 of the draft regulation and other information that could assist EEA in evaluating and determining Natural Resource Values. The Town’s January 22, 2025, comment letter covered the first topic in detail, and Legal is reviewing the second topic to determine whether any additional comment is warranted.
  5. I met with the MIT Renewable Energy Facility Siting Clinic team last week for an update on their efforts. This was a kickoff meeting in which they are planning their work for the semester. I anticipate further discussion on their efforts in the coming weeks. I am available to review and for further discussion.

 

Assistant Town Manager Andy Clyburn and Finance Director Mark Milne responded to Councilor questions.

 

The Council voted to Act on Public Session Minutes:  February 27, 2025.

 

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

 

Cape Cod Commission Year in Review – Kristy Senatori, Executive Director,

and Catherine Ledec, Barnstable Member
Ms. Senatori provided Councilors with the Commission’s 2024 Year In Review.

 

Orders of the Day

 

OLD BUSINESS

AGENDA ITEM 2025-060 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to revise the definition of Accessory Dwelling Unit (ADU) and to revise use and dimensional requirements, floor area definition, and clarify parking restrictions and no owner-occupancy requirement for ADU’s.

Motion to continue the Public Hearing to March 20, 2025 was approved.

Presented by Planning & Development Director Jim Kupfer, Assistant Town Attorney Kate Connolly and Town Attorney Karen Nober. The item was moved to March 20, 2025.

Mr. Kupfer’s PowerPoint may be viewed here.

 

AGENDA ITEM 2025-078 Appropriation Order in the amount of $225,000 to fund disposal costs at the Solid Waste Division of the Department of Public Works.

Presented by DPW Director Dan Santos. The item was approved.

 

AGENDA ITEM 2025-082 Appropriation Order in the amount of $52,000 for the purpose of making repairs and replacing irrigation well pumps and equipment for the Olde Barnstable Fairgrounds Golf Course pump house.

Presented by Community Services Director Chris Gonnella. The item was approved.

Mr. Gonnella’s PowerPoint may be viewed here.

 

AGENDA ITEM 2025-142 Transfer of a portion of the Cape Cod Collaborative School Property from the School Department to the Town Manager for sewer purposes.

Presented by First Assistant Town Attorney Tom LaRosa. The item was approved.

Atty. LaRosa’s PowerPoint may be viewed here.

 

NEW BUSINESS

Town Councilor Matthew Levesque left the room as he would need to recuse himself from Agenda Item 2025-083.

 

AGENDA ITEM 2025-083 Appropriation Order in the amount of $160,000 to fund the due diligence efforts needed to assist the Town Council in its evaluation of a potential acquisition by the town of the property located at 0, 167 and 177 Pleasant Street in Hyannis and AGENDA ITEM 2025-141 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 121 Licensing to delegate authority to the Town Manager to act on petitions for grants of location for gas lines and associated infrastructure were referred to individual Public Hearings on 03/20/2025.

 

AGENDA ITEM 2025-140 Order confirming the longstanding recreational uses of a portion of Wianno Avenue, known as the Wianno Avenue Town Landing, and dedicating the town landing to these uses subject to the protections of Article 97 of the amendments to the State Constitution and AGENDA ITEM 2025-143 Order approving amendments to the Town Council Rules received First Readings and were referred to Second Readings on 03/20/2025.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, March 20, 2025. 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).