The May 16, 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 Assistant Town Clerk Janet Murphy took the Roll Call.

 

Town Council Vice President Craig Tamash introduced U.S. Navy Veteran Larry Morin of Cotuit to lead the Pledge of Allegiance. Mr. Morin was active duty from 1963-1968. He was commissioned as an officer in the Supply Corp on November 22, 1963 – a date familiar which might be familiar to you. He was a Viet Nam Veteran who served primarily in the Far East.

 

President Penn offered a Moment of Silence.

 

Next was Public Comment.

 

Council Response to Public Comment followed.

 

President Penn announced that Mr. Ells’s Town Manager Communications for the period of May 1-14, 2024 had been pre-recorded 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 are proceeding with the budget action calendar for FY2025. The Operating Budget for FY2025 has been submitted to the Town Council and public hearings are scheduled to begin on June 6, 2024.  Mark Milne, Director of Finance, will provide a summary of the FY2025 Operating Budget at the upcoming Town Council meeting. For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  2. As previously reported and in response to requests by Town Council and the public regarding monitoring the activation of the Vineyard Wind cable landing at Covell’s Beach, the Town continues discussions with Vineyard Wind regarding regular communication with the Town of Barnstable on safe and compliant operation of their system. My staff has had several meetings and reviewed proposed signage for the site. The goal remains a Vineyard Wind installation of signage prior to the summer season.  Vineyard Wind is doing on site testing to verify safety and compliance.  It is my understanding that the Mass Department of Public Health will be involved relative to safety information.  The Town of Barnstable has retained a third party independent expert to verify readings and data if and when needed.  We will keep you informed of the progress on this matter.
  3. The Energy Facilities Siting Board (EFSB) opened the evidentiary hearing on Monday, May 13, 2024 regarding the Mid Cape Reliability project change. The hearing was held by Zoom.  The public could watch separately via Zoom, but they could not participate and did not appear within the hearing.   The standard order of the hearing involved the EFSB (including Department of Public Utilities (DPU)) staff getting to ask questions of Eversource, including their consultants and attorneys.  The EFSB took the entire day. When the EFSB eventually finishes, then the Town through its Legal Department and the other intervenors are allowed to ask questions.  The second day of hearings is scheduled on Wednesday May 15, 2024 at 10:00 AM.
  4. The Town of Barnstable recently secured a permit through the Massachusetts Natural Heritage and Endangered Species Program.  This permit will allow for limited beach raking at Dowses and Kalmus beaches in addition to other beach activities such as events.  To protect nesting endangered shorebirds, the permit places several constraints on the raking.  Specifically, raking is prohibited in May and June and can occur twice a month in July and August.  However, there is the opportunity to remove excessive seaweed (or wrack) for human health and safety reasons with no time of year restrictions.  The permit was required under the Endangered Species Act and will be valid for 5 years.  In 2023, the Town secured a similar permit for Craigville and Covell’s Beaches.
  5. The Barnstable Youth Commission is hosting their 10th annual Youth Summit for Barnstable Intermediate School (BIS) Students on Thursday, May 23rd.  The event features speakers Kevin Rosario of Addiction, Consulting and Educational Services and Robert Hackenson of Dynamic Influence.  The speakers will help educate students about making good choices as they enter high school and educate them about the impacts/effects of drugs and alcohol.  The Summit will also feature Barnstable High School students mentoring BIS students on what to expect as they transition to high school.  A vendor fair will take place at BIS for students to pass through and gather information from various school clubs and organizations.
  6. The Recreation Division has processed over thirteen thousand 2024 Resident Parking Permits to date.  We estimate an additional eight thousand applications will be received prior to the start of the season and encourage all residents to apply as soon as they can to avoid delays.  Beach Parking Permit Applications can be filled out: online, mailed in, or dropped off at the Hyannis Youth and Community Center, 141 Bassett Lane, Hyannis.  If you need assistance, please contact the Parking Permit Hotline at 508-790-6345 x145.  Town of Barnstable staff will begin verifying permits on beaches starting Saturday, May 25th.
  7. Beginning Saturday, June 22nd, Town of Barnstable beaches, ponds, and lake will be open seven days a week through Labor Day.  All beaches will be open daily from 9AM through 9PM.  The ongoing nationwide lifeguard shortage is affecting us again this summer. This will impact our ability to have lifeguard coverage at all 13 locations. Currently, we anticipate having full staff, including lifeguards, at the following beaches: Craigville, Dowses, Covell’s, Kalmus, and Veteran’s.  We are hopeful to potentially provide lifeguard staffing at additional locations.  To assist the public with their summer plans, we will continue to communicate our staffing operations as we approach June 22nd, so the public is aware which sites have lifeguard coverage. We encourage the public to download the MyBarnstable app to help them stay informed. 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.
  8. The Town is hosting a second public meeting to present preliminary concepts for additional use of the land around the Barnstable Adult Community Center (BACC).  This meeting is a follow-up to the February 1st listening session, where ideas for recreation and housing were discussed.  Please join us on Wednesday, May 22nd at 1:00 PM at the BACC for a presentation of concepts, along with refreshments and continued discussion about the potential for the site. For more information, visit the BACC Master Plan Project Website, which can be accessed from the Planning & Development homepage.  For any questions, please contact the Planning & Development Department.
  9. The Town of Barnstable will host a public workshop for the Marstons Mills Former School Site Master Plan on Wednesday, May 29th at 6:00 PM Liberty Hall, 2150 Main Street, Marstons Mills. The intent of the public workshop is to continue to garner community input as to the future redevelopment of this site. This is the third public listening session hosted by the Planning and Development Department. The Town of Barnstable is seeking to create a Master Site Development Plan for the 14.2-acre parcel formerly the site of the Marstons Mills Elementary School and public input is critical to successfully establish site-specific land use goals which will inform the Master Plan. All residents are welcome to attend. For any questions regarding the meeting or this project, please contact James Kupfer, Assistant Director of Planning & Development, at kupfer@town.barnstable.ma.usor 508-862-4784.
  10. MassDOT will be hosting a Hybrid Design Public Hearing (Virtual and In-Person) will be held to present the design for the proposed Park and Ride Expansion and Improvements at The Route 132 Park and Ride project in Barnstable, MA.

VIRTUAL on Tuesday, May 28, 2024 @ 6:00 PM

WHERE: https://www.mass.gov/orgs/highway-division/events.

IN-PERSON on Wednesday, May 29, 2024 @ 7:00 PM

WHERE: Barnstable County Complex, Mary Pat Flynn Conference Room

3195 Main Street (Route 6A), Barnstable, MA 02630

PURPOSE: The purpose of this hearing is to provide the public with the opportunity to become fully acquainted with the proposed Park & Ride Expansion and Improvements at The Route 132 Park & Ride project. All views and comments submitted in response to the hearing will be reviewed and considered to the maximum extent possible.

  1. The Cape Cod Chamber of Commerce has requested that the Barnstable Town Manager serve as a member of the newly formed Cape & Islands Bridges Coalition (CIBC). The first meeting of the CIBC was held on Tuesday, May 7th at the Cape Cod Chamber of Commerce. The Cape & Islands Bridges Coalition (CIBC) is a regional group of businesses from Greater Cape Cod, the Islands of Nantucket and Martha’s Vineyard, and Southeastern Massachusetts, advocating for the full funding and replacement of the Sagamore and Bourne Bridges. As efforts to replace the bridges move forward, the CIBC is unified in its mission to safeguard the economic viability of the region and preserve the needs of the Cape and Islands community for generations to come.  I will keep you advised on the progress of this effort.
  2. 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.
  3. Chris Gonnella, Director of Community Services, will provide an update on the
    Centerville Playground. Gonnella’s PowerPoint presentation may be viewed here.

 

Mr. Ells returned to the podium to address additional questions from the Council.

 

The Council voted to approve Public Session Minutes:  May 2, 2024.

 

Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements. Town Councilor Paula Schnepp shared that participated in an Appreciation Day for one of the Unsung Heroes in the Town of Barnstable and the Village of Marstons Mills – Donna Lawson. Councilor Schnepp read a Proclamation signed by President Penn during Wednesday night’s Marstons Mills Village Association celebration which was met with a round of applause.

 

President Penn’s Notes from the Wheelhouse:

  • The last in a series of Water Quality Issues Special Town Council Meeting will be held on Thursday, May 23, 2024. The subject Surface, Freshwater, and Coastal Resources.
  • The Town Council Subcommittee appointments for Town Councilors were announced.
    • Rules & Code Review Committee: Councilors Burdick, Clark, Ludtke, Tamash, Terkelsen
    • Committee to Review the Purpose, Composition, Functionality, and Effectiveness of Standing Committees of the Town: Burdick, Clark, Crow, Ludtke, Terkelsen
    • Committee to Review and Assess Zoning and Review the Town’s Use of Regulatory Agreements: Bloom, Crow, Mendes, Levesque, Terkelsen
    • Committee to Review and Recommendation Housing Policies: Bloom, Crow, Ludtke, Schnepp, Starr
    • Committee to Recommend Policy Regarding the Town’s Acquisition, Disposition of Property and Development of Town Owned Property: Bloom, Clark, Crow, Levesque, Schnepp

 

 

Update from Wendy Northcross, Chair, Local Comprehensive Planning Committee. Ms. Northcross introduced Lindsey Counsell who was in attendance and serves as Vice Chair.

 

Orders of the Day.

 

OLD BUSINESS

AGENDA ITEM 2024-210 Appropriation Order in the amount of $80,000 and authorization to expend a grant in the amount of $120,000 from the Commonwealth of Massachusetts Department of Environmental Protection Clean Water State Revolving Fund for the Barnstable Stormwater Asset Management Plan.

Presented by Amber Unruh, Senior Project Manager for Special Projects for the DPW. The item was approved.

 

Presentation from Mark Milne, Director of Finance, Fiscal Year 2025 Operating Budget. Mr. Milne’s PowerPoint presentation may be viewed here. Mr. Milne reported that the recent ratings report from Standard & Poor’s maintains the Town of Barnstable’s AAA Bond Rating.

 

President Penn invoked the Rule of Necessity for Agenda Items 2024-200 and 2024-205 reading the items below into the record.

 

On the advice of the Town Attorney, I am invoking the Rule of Necessity on behalf of myself and the other members of the Town Council to allow all of us to participate in Item No. 2024-200, which is the Fiscal Year 2025 appropriation for the Town Council operating budget.  Under the Town Charter, the Town Council is required to adopt the budget and it is the only Town body that is authorized to do so.  I am disclosing that all of the Town Councilors have a financial interest in Item 2024-200 because that item contains funding for Town Councilor salaries.  I ask that each Councilor raise their hand to signify that they have a financial interest in Item 2024-200 as I just described, and I ask that the Town Clerk include this information in the minutes of this meeting.

 

On the advice of the Town Attorney, I am invoking the Rule of Necessity on behalf of Councilors Tamash, Crow, Mendes and Neary to allow them to participate in Item No. 2024-205 notwithstanding their financial interests in that item.  If they recused themselves, we would not have a quorum for that item.  Councilor Levesque is absent tonight but, since he also has a financial interest in that item because he receives health insurance through the Town, the lack of quorum is not caused by his absence.  Under the Town Charter, the Town Council is required to adopt the budget and it is the only Town body that is authorized to do so.  I ask each Councilor to disclose their conflict for the record.  [Councilors Crow, Mendes and Neary each stated that they receive health insurance through the Town and Item 2024-205 includes funding for the Town’s share of employee health insurance.  Councilor Tamash stated that he receives health insurance as a retiree of the Town and Item 2024-205 includes funding for the Town’s share of retiree health insurance.  I ask that the Town Clerk include this information in the minutes of this meeting.

 

CONSENT AGENDA:

Proposed Vote: To refer Items 2024-185 through 2024-207, as written, to individual public hearings to be held on each item at the Town Council meeting on June 06, 2024.

 

NEW BUSINESS

AGENDA ITEM 2024-185 Appropriation Order in the amount of $11,918,799 for the purpose of funding the town’s Fiscal Year 2025 Airport Enterprise Fund Budget;

AGENDA ITEM 2024-186 Appropriation Order in the amount of $89,375,780 for the purpose of funding the town’s Fiscal Year 2025 Barnstable Public School Department Budget;

AGENDA ITEM 2024-187 Appropriation Order in the amount of $18,709,328 for the purpose of funding the town’s Fiscal Year 2025 Barnstable Police Department Budget;

AGENDA ITEM 2024-188 Appropriation Order in the amount of $2,394,019 for the purpose of funding the town’s Fiscal Year 2025 Planning and Development Department Budget;

AGENDA ITEM 2024-189 Appropriation Order in the amount of $2,887,734 for the purpose of funding the town’s Fiscal Year 2025 Community Services Department General Fund Budget;

AGENDA ITEM 2024-190 Appropriation Order in the amount of $3,892,161 for the purpose of funding the town’s Fiscal Year 2025 Golf Course Enterprise Fund Budget;

AGENDA ITEM 2024-191 Appropriation Order in the amount of $3,926,883 for the purpose of funding the town’s Fiscal Year 2025 Hyannis Youth and Community Center Enterprise Fund Budget;

AGENDA ITEM 2024-192 Appropriation Order in the amount of $1,638,527 for the purpose of funding the town’s Fiscal Year 2025 Marine & Environmental Affairs Department General Fund Budget;

AGENDA ITEM 2024-193 Appropriation Order in the amount of $780,068 for the purpose of funding the town’s Fiscal Year 2025 Marina Enterprise Fund Budget;

AGENDA ITEM 2024-194 Appropriation Order in the amount of $1,087,579 for the purpose of funding the town’s Fiscal Year 2025 Sandy Neck Park Enterprise Fund Budget;

AGENDA ITEM 2024-195 Appropriation Order in the amount of $2,584,392 for the purpose of funding the town’s Fiscal Year 2025 Inspectional Services Department Budget;

AGENDA ITEM 2024-196 Appropriation Order in the amount of $11,384,511 for the purpose of funding the town’s Fiscal Year 2025 Department of Public Works General Fund Budget;

AGENDA ITEM 2024-197 Appropriation Order in the amount of $4,033,424 for the purpose of funding the town’s Fiscal Year 2025 Department of Public Works Solid Waste Enterprise Fund Budget;

AGENDA ITEM 2024-198 Appropriation Order in the amount of $10,934,823 for the purpose of funding the town’s Fiscal Year 2025 Department of Public Works Water Pollution Control Enterprise Fund Budget;

AGENDA ITEM 2024-199 Appropriation Order in the amount of $9,109,331 for the purpose of funding the town’s Fiscal Year 2025 Department of Public Works Water Supply Enterprise Fund Budget;

AGENDA ITEM 2024-200 Appropriation Order in the amount of $264,092 for the purpose of funding the town’s Fiscal Year 2025 Town Council Budget;

AGENDA ITEM 2024-201 Appropriation Order in the amount of $1,575,299 for the purpose of funding the town’s Fiscal Year 2025 Town Manager Budget;

AGENDA ITEM 2024-202 Appropriation Order in the amount of $881,383 for the purpose of funding the town’s Fiscal Year 2025 Public, Education & Government (PEG) Access Channels Enterprise Fund Budget;

AGENDA ITEM 2024-203 Appropriation Order in the amount of $8,205,658 for the purpose of funding the town’s Fiscal Year 2025 Administrative Services Department Budget;

AGENDA ITEM 2024-204 Appropriation Order in the amount of $250,000 for the purpose of funding the Town Council’s Fiscal Year 2025 Reserve Fund Budget;

AGENDA ITEM 2024-205 Appropriation Order in the amount of $57,180,105 for the purpose of funding the town’s Fiscal Year 2025 Other Requirements Budget;

AGENDA ITEM 2024-206 Appropriation Order in the amount of $519,639 for Open Space and Recreation; $519,639 for Historic Resources; $519,639 for Community Housing; $3,094,027 for a Budget Reserve, and that the sum of $250,000 be appropriated from the Annual Revenues of the Community Preservation Fund for the administrative expenses of the Community Preservation Committee; and

AGENDA ITEM 2024-207 Appropriation Order in the amount of $363,800 for the purpose of paying the Fiscal Year 2025 Community Preservation Fund Debt Service Requirements.

 

President Penn took Agenda Item 2024-222 out of order.

AGENDA ITEM 2024-222 Approving a conservation restriction from the Barnstable Land Trust, Inc. to the Compact of Cape Cod Conservation Trusts, Inc.

Presented by Kate Connolly, Assistant Town Attorney, and Janet Milkman, Executive Director, Barnstable Land Trust. The item was approved. The PowerPoint presentation for this item may be viewed here.

 

Motion to Suspend the Rules to allow to vote on this item was approved.

AGENDA ITEM 2024-211 Appointments to a Board/Committee/Commission: Youth Commission: Emma Sawyer, as a student member to a term expiring 06/30/2025.

The item was approved.

 

AGENDA ITEM 2024-214 Appointments to a Board/Committee/Commission: Ad Hoc Committee to Assess and Recommend Strategies for Housing Creation within the Town: Maryann Barboza (registered voter); Hilda Haye (Chair, Housing Committee); Rick Presbrey (registered voter); Laura Shufelt (registered voter) was referred to a Second Reading on 06/06/2024.

 

AGENDA ITEM 2024-215 Appointments to a Board/Committee/Commission: Ad Hoc Committee to Review and Assess Zoning and Review the Town’s Use of Regulatory Agreements: Ken Alsman (registered voter); Christopher Kuhn (registered voter); Catherine Campos Ledec (registered voter); Bob Schulte (registered voter) was referred to a Second Reading on 06/06/2024.

 

AGENDA ITEM 2024-216 Authorization to contract for and expend a Fiscal Year 2024 Grant in the amount of $7,500 from the Massachusetts Department of Environmental Protection for the purchase of one light duty electric pickup truck.

Presented by David Anthony, Director of Asset Management. The item was approved.

 

AGENDA ITEM 2024-217 Authorization to contract for and expend a Fiscal Year 2024 Grant in the amount of $7,500 from the Massachusetts Department of Environmental Protection for the purchase of one light duty electric vehicle.

Presented by David Anthony, Director of Asset Management. The item was approved.

 

AGENDA ITEM 2024-218 Transfer Order in the Amount of $65,900 from the Fiscal Year 2024 Community Services Department Personnel Budgets to the Fiscal Year 2024 Community Services Operating Expenditure Budgets for the Purpose of Funding Outside Professional Services, Equipment, Supplies and Materials.

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

 

AGENDA ITEM 2024-219 Authorizing the acquisition of an easement for sewer purposes at 1481 Iyannough Road in Hyannis.

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

 

AGENDA ITEM 2024-220 Amendment to the Administrative Code to designate the non-councilor members of the Ad Hoc Committees created under Town Council items 2024-166C and 2024-166D as Special Municipal Employees for purposes of the state Conflict of Interest Law was referred to a Second Reading on 06/06/2024.

 

AGENDA ITEM 2024-221 Resolve approving the Bingo application of Cotuit Nursery School, Inc.

Presented by Town Attorney Karen Nober. The item was approved.

 

AGENDA ITEM 2024-223 Transfer Order in the amount of $13,500 from Fiscal Year 2024 Planning and Development Department Operating Expense Budget to Fiscal Year 2024 Planning and Development Department Operating Capital Budget for the purpose of funding the acquisition of a new electric vehicle.

Presented by Planning & Development Director Elizabeth Jenkins. The item was approved.

 

AGENDA ITEM 2024-225 Resolve approving a letter requesting that the Cape Cod Commission undertake a Regional Transportation Study. Motion to amend the letter to include a courtesy copy to Barnstable County Government was approved.

Presented by Town Attorney Karen Nober. The item was approved as amended.

 

AGENDA ITEM 2024-226 Reappointments to a Board/Committee/Commission: Airport Commission: Wendy Bierwirth                                as a regular member to a term expiring 06/30/2027; Norman Weill, as a regular member to a term expiring 06/30/2027 was referred to a Second Reading on 06/06/2024.

 

AGENDA ITEM 2024-227 Declaration of Common Usage of the Private Ways of School Street and Old Mill Road.

Presented by Town Attorney Karen Nober. The item was approved.

 

WORKSHOP DISCUSSION ON TOWN COUNCIL PRESIDING PHILOSOPHIES

Proposed Resolve:  To approve the Town Council Presiding Philosophies as presented in draft form at this meeting (pp. 81-82 of the May 16, 2024 Town Council Agenda). Motion to approve the document as amended was approved. That document will appear in the minutes once approved by the Town Council at their next regular meeting.

 

The Town Council will hold a Special Town Council Meeting on Thursday, May 23, 2024. The subject will be Surface, Freshwater, and Coastal Resources.  As with previous Special Town Council Meetings, 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.  The public is invited to submit their questions by noon on Wednesday, May 22, 2024 to council@town.barnstable.ma.us.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, June 6, 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).