The May 18, 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 Vice President Jennifer Cullum called the meeting to order and Assistant Town Clerk Janet Murphy took the Roll Call. Town Councilor Betty Ludtke led the Pledge of Allegiance, Vice President Cullum offered the Moment of Silence in honor of Hugh Findlay, a long time Hyannis resident. 

Mr. Findlay had a long history of service to the Town of Barnstable.  Beginning in 1972, he served on the Government Study Committee; two Charter Commissions; the Capital Outlay Study Committee; the Comprehensive Financial Advisory Committee; the Planning Board; and as a Town Meeting Member.  Mr. Findlay’s most recent service was on the John F. Kennedy Memorial Trust Committee from 2005 to present including a period of time as the Chair for the Scholarship Subcommittee.  Our deepest sympathies go out to the Findlay Family.

Next was Public Comment which was followed by Council Response to Public Comment. Vice President Cullum asked Planning & Development Director Elizabeth Jenkins to respond to public comment regarding the Great Streets project.  Next Vice President Cullum invited Ted Lowrie, President, Barnstable Neighbor 2 Neighbor Program, to introduce the program to the Town Council.  Mr. Lowrie’s presentation can be viewed here. Vice President Cullum announced that Mr. Ells’ Town Manager Communications for the period of May 5-18, 2023 has been recorded and was shown on Channel 18 prior to the meeting.  Mr. Ells’ report can be viewed on-line and the itemized list is shared below:

  1. We are proceeding with the Budget Action Calendar for FY2024 as scheduled.  The Operating Budget for FY2024 has been submitted to the Town Council and public hearings are scheduled to begin on June 1, 2023.  Mark Milne, Director of Finance, has provided a prerecorded summary of the FY2024 Operating Budget. https://youtu.be/BhRI6442eVA. Director Milne’s PowerPoint presentation can be viewed here.  For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  2. Our Legal Department continues to participate in the discussion to prohibit discharge of radioactive wastewater into Cape Cod Bay during the decommissioning process of the Plymouth Nuclear Power Plant.  We have discussed this issue with other Cape Cod Town Managers and they are supportive of our efforts as we move forward with this effort.  Additional information will be provided as we advance with this effort.  We will keep the community advised of our progress on this matter.
  3. The Town of Barnstable is currently working to update the Town’s Local Comprehensive Plan (LCP) which is a long-term vision and growth policy that will guide Barnstable’s future over the next ten years. The Local Comprehensive Planning Committee invites the community to review the draft Phase I Vision Statement, which is now open for public comment through close of business Thursday, June 15th. The draft Phase I Vision Statement is available on the Town’s Local Comprehensive Plan website BarnstableLCP.com via the Document Library page. Comments can be submitted online through the Comment Form or by email to BarnstableLCP@town.barnstable.ma.us.
  4. 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 will be accepted through June 9, 2023.
  5. As reported in previous Town Manager Communications, last summer Barnstable was required to stop beach raking at some of our public beaches after a complaint was received by the Massachusetts Natural Heritage and Endangered Species Program regarding endangered species habitat.  In 2021, the Massachusetts Natural Heritage and Endangered Species Program (NHESP) released a document that clarified their permitting requirements for raking beaches within endangered species habitat.  The document states that a Massachusetts Endangered Species Act (MESA) permit is required for all raking activities on beaches that are designated habitat.  It also lists restrictions that will be placed on MESA permitted beaches.  Specifically, towns will be subjected to conditions in the MESA permit that require time of year raking restrictions.  The Town of Barnstable has six public beaches that are designated as habitat for endangered nesting shorebirds.    Sandy Neck has a MESA permit that is associated with the off road vehicle beach.  The rest of our designated habitat beaches (Dowses, Kalmus, Craigville, Covell’s and Fortes) will be MESA permitted in the future as the town works through this permitting process.  For the summer season of 2023 these five beaches will not be mechanically raked on a routine basis.  The Town recognizes that, even once permitted, raking will be greatly reduced at these beaches and public outreach is imperative in order to educate and prepare our community for this change.   The Town is committed to provide public access to our beaches while still protecting our natural resources.  We will keep our community advised as we progress on this matter.
  6. On April 21, 2023 the Town received an email from John Cox, President of Cape Cod Community College (CCCC or 4Cs), notifying the Town of the recent Division of Capital Asset Management and Maintenance (DCAMM) notice for the Public Hearing that occurred on May 3, 2023 to provide the public an opportunity to comment on the land transfer on 4Cs’ campus from Massachusetts Department of Transportation (MassDOT) to DCAMM.  Cape Cod Community College intends to conduct a planning exercise regarding the feasibility of other uses or subsequent disposition.  Any disposition would require legislative authorization.  M.G.L. c.7C Section 37 requires that notice be provided to governmental bodies in the affected area at least 120 days prior to any purchase, sale, rental, lease, transfer, or change in use of one or more acres of real property owned by the Commonwealth on behalf of state agencies.  This notice is intended to satisfy the requirement of the statute.  The letter date April 19, 2023 from DCAMM requests the Town’s agreement to a reduction of the 120-day notification period to 30 days from the date of this notice and the Town’s approval.  This is permitted under M.G.L. c.7C, Sec. 37 and if approved by the Town will allow DCAMM to proceed with the acquisition without delay.  We have taken this request under advisement including any comments submitted at the May 3, 2023 public hearing by DCAMM to determine future action but at this time do not anticipate granting a reduction of the 120-day notification period which commenced on April 19, 2023.
  7. We continue to meet with State Officials on the proposed regulatory changes to Title 5 and Watershed Permit regulations.  Our most recent meeting was held on May 10, 2023 to continue the discussion regarding specific questions MassDEP (Department of Environmental Protection) had relative to our comment letters.  The next discussion with State officials is scheduled for later this afternoon where a Title 5 Advisory Committee of which I am a member will meet regarding the proposed regulatory changes.  We will keep you advised of our progress on this matter.
  8. Our public outreach for the two-way conversion for has concluded its conceptual phase.  The Great Streets Downtown Hyannis project is focused on re-envisioning how Hyannis Main Street and the surrounding streets and intersections are designed and how they function.  The project aims to place more of an emphasis on pedestrians, address congestion, and enhance public spaces and opportunities for multiple modes of travel downtown.  A final report on this phase is available online at www.tinyurl.com/hyannisgreatstreets, along with a video recording of the meeting at which the final preliminary design plan was presented.  We anticipate additional public outreach and discussion as we progress with this project.
  9. The Barnstable Youth Commission is hosting their annual Youth Summit for Barnstable Intermediate Students (BIS) on Friday, May 19, 2023 at the Barnstable Adult Community Center.  The event features speakers Kevin Rosario of Gosnold Inc. and Robert Hackenson of Dynamic Influence.  The speakers will help educate students about making good choices as they enter into high school and educate them about the impacts/effects of drugs and alcohol.  The Summit will also feature Barnstable High School (BHS) students mentoring BIS students on what to expect at BHS.  A vendor fair will take place at BIS for students to pass through and gather information from 20 BHS clubs and five youth driven organizations.
  10. 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 can be viewed here.

Mr. Ells responded to Councilor questions regarding the most recent meeting with MassDEP and the beach raking restrictions.  The recorded version of Mr. Ells’ Town Manager Communications can be viewed here.  Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.

The Council voted to approve Public Session Minutes: May 4, 2023.

Vice President Cullum started the Orders of the Day with OLD BUSINESS. DPW Director Dan Santos presented the rationale for AGENDA ITEM 2023-127 Appropriation Order in the amount of $90,000 for the purpose of funding a Floating Treatment Wetland Pilot Study for Long Pond Marstons Mills which was approved.

Assistant Planning & Development Director Kate Maldonado joined by Tree Warden Andrew Bernier presented the rationale for AGENDA ITEM 2023-187 Appropriation Order in the amount of $86,758 for the purpose of funding the acquisition of equipment to assist with the implementation of The Greening The Gateway Cities Program and authorization to expend a Fiscal Year 2024 -2026 Executive Office of Energy and Environmental Affairs Greening The Gateway Cities Program Grant in the amount of $1,800,000. The item was approved. Assistant Director Maldonado’s PowerPoint presentation can be viewed here.

NEW BUSINESS began when Vice President Cullum entertained a motion to refer Items 2023-155 through 2023-177 to individual public hearings to be held on each item at the Town Council meeting on June 1, 2023. The motion was approved. 

The individual items are listed below:  AGENDA ITEMS 2023-155 Appropriation Order in the amount of $11,072,723 for the purpose of funding the Town’s Fiscal Year 2024 Airport Enterprise Fund Budget; 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; 2023-157 Appropriation Order in the amount of $17,097,520 for the purpose of funding the Town’s Fiscal Year 2024 Barnstable Police Department Budget;  2023-158 Appropriation Order in the amount of $2,327,810 for the purpose of funding the Town’s Fiscal Year 2024 Planning and Development Department Budget; 2023-159 Appropriation Order in the amount of $2,590,647 for the purpose of funding the Town’s Fiscal Year 2024 Community Services Department General Fund Budget; 2023-160 Appropriation Order in the amount of $3,690,660 for the purpose of funding the Town’s Fiscal Year 2024 Golf Course Enterprise Fund Budget; 2023-161 Appropriation Order in the amount of $3,577,188 for the purpose of funding the Town’s Fiscal Year 2024 Hyannis Youth and Community Center Enterprise Fund Budget; 2023-162 Appropriation Order in the amount of $1,459,889 for the purpose of funding the Town’s Fiscal Year 2024 Marine & Environmental Affairs Department General Fund Budget; 2023-163 Appropriation Order in the amount of $713,286 for the purpose of funding the Town’s Fiscal Year 2024 Marina Enterprise Fund Budget;  2023-164 Appropriation Order in the amount of $1,069,975 for the purpose of funding the Town’s Fiscal Year 2024 Sandy Neck Park Enterprise Fund Budget; 2023-165 Appropriation Order in the amount of $2,461,095 for the purpose of funding the Town’s Fiscal Year 2024 Inspectional Services Department Budget; 2023-166 Appropriation Order in the amount of $11,142,056 for the purpose of funding the Town’s Fiscal Year 2024 Department of Public Works General Fund Budget; 2023-167 Appropriation Order in the amount of $3,748,307 for the purpose of funding the Town’s Fiscal Year 2024 Department of Public Works Solid Waste Enterprise Fund Budget; 2023-168 Appropriation Order in the amount of $8,108,805 for the purpose of funding the Town’s Fiscal Year 2024 Department of Public Works Water Pollution Control Enterprise Fund Budget; 2023-169 Appropriation Order in the amount of $8,364,442 be appropriated for the purpose of funding the Town’s Fiscal Year 2024 Department of Public Works Water Supply Enterprise Fund Budget; 2023-170 Appropriation Order in the amount of $261,328 for the purpose of funding the Town’s Fiscal Year 2024 Town Council Budget; 2023-171 Appropriation Order in the amount of $1,535,533 for the purpose of funding the Town’s Fiscal Year 2024 Town Manager Budget; 2023-172 Appropriation Order in the amount of $856,897 for the purpose of funding the Town’s Fiscal Year 2024 Public, Education & Government (PEG) Access Channels Enterprise Fund Budget; 2023-17 Appropriation Order in the amount of $7,530,592 for the purpose of funding the Town’s Fiscal Year 2024 Administrative Services Department Budget; 2023-174 Appropriation Order in the amount of $250,000 for the purpose of funding the Town Council’s Fiscal Year 2024 Reserve Fund; 2023-175 Appropriation Order in the amount of $51,770,243 for the purpose of funding the Town’s Fiscal Year 2024 Other Requirements Budget; 2023-176 Appropriation Order of the following sums of the Annual Revenues of the Community Preservation Fund be set aside for further appropriation and expenditure for the following purposes: $503,390 for Open Space and Recreation; $503,390 for Historic Resources; $503,390 for Community Housing; $3,017,456 for a Budget Reserve, and that the sum of $200,000 be appropriated from the Annual Revenues of the Community Preservation Fund for the Administrative expenses of the Community Preservation Committee; and 2023-177 Appropriation Order in the amount of $378,795 for the purpose of paying the Fiscal Year 2024 Community Preservation Fund Debt Service Requirements.

First Readings took place for AGENDA ITEM 2023-188 Appointments to a Board/Committee/Commission: Conservation Commission: Angela Tangney, as a regular member to a term expiring 6/2026; Hyannis Main Street Waterfront Historic District Commission: Kevin Ferreira, as an alternate member to a term expiring 06/2023; Infrastructure and Energy Committee: Larry Hurwitz, as a regular member to a term expiring 06/2023; Planning Board: Matthew Teague, as a regular member to a term expiring 06/2024; Shellfish Committee: Gloriann Hurwitz, as a member holding a family permit, to a term expiring 06/2025; and AGENDA ITEM 2023-189 Reappointments to a Board/Committee/Commission: Airport Commission: Joe DiGeorge, as a regular member to a term expiring 06/30/2026, John Flores, as a regular member to a term expiring 06/30/2026; Board of Assessors: Melvin Pauze, as a regular member to a term expiring 06/30/2026; Board of Health: F.P. Tom Lee, as a regular member to a term expiring 06/2026; Community Preservation Committee: Lindsey Counsell, as a regular member to a term expiring 06/30/2026; Terry Duenas, as a regular member to a term expiring 06/2026; Conservation Commission: John Abodeeley, as a regular member to a term expiring 06/2026; Disability Commission: John Lundborn, as a regular member to a term expiring 06/30/2026; Linda McKinney, as a regular member to a term expiring 06/2026; Golf Committee: John Cookson, as a regular member to a term expiring 06/30/2026; Historical Commission: Barbara Debiase, as an alternate member, to a term expiring 06/30/2026; Nancy Shoemaker, as a regular member to a term expiring 06/2026; Nancy Clark, as a regular member to a term expiring 06/2026; Housing Committee: Hilda Haye, as a regular member to a term expiring 06/30/2026; Human Services Committee: Cheryl Powell as a representative member to a term expiring 06/30/2026; Carlos Barbosa, as a representative member to a term expiring 06/30/2026; Hyannis Main Street Waterfront Historic District Commission: Jennifer Hinckley-Needham, as a regular member to a term expiring 06/30/2026; Jack Kay as a regular member to a term expiring 06/30/2026; Cheryl Powell, as a representative member from Barnstable Historic to a term expiring 06/30/2026; Land Acquisition and Preservation Committee: Elizabeth Lewis, as a regular member to a term expiring 06/30/2026; Licensing Authority: Nancy Karlson-Lidman, as an associate member, to a term expiring 06/30/2026; Mid Cape Cultural Council: Michele McCoy, as a regular member to a term expiring 06/30/2026; Old Kings Highway Historic District Committee: George Jessop, as an architect representative member, to a term expiring 06/30/2026; Planning Board: Mary Barry, as a regular member to a term expiring 06/2026; Tim O’Neill, as a regular member to a term expiring 06/2026; Steven Robichaud, as a regular member to a term expiring 06/2026; Recreation Commission: Rene King, as a regular member to a term expiring 06/30/2026; Registrar of Voters: David Jones, as an appointed member, to a term expiring 06/30/2026; Sandy Neck Board: Peter Sampou, a member representing Conservation Commission, to a term expiring 06/30/2026; Scholarship Committee: Janice Cliggott, as a regular member to a term expiring 06/30/2026; Shellfish Committee: Albert Surprenant, as a commercially permitted member, to a term expiring 06/30/2026; Trust Fund Advisory Committee: Frances Parks, as a Human Services Representative Member, to a term expiring 06/30/2026; Youth Commission: Eric Arabadzhiev, as a student member to a term expiring 06/30/2024; Cameron Levesque, as a student member to a term expiring 06/30/2024; Michaela Stampfl, as a student member to a term expiring 06/30/2024; Shalanda Grant, as a student member to a term expiring 06/30/2024; Piper Hunt, as a student member to a term expiring 06/30/2024; Madeleine Boyle, as a student member to a term expiring 06/30/2024; Mary Flynn Kayajan, as a student member to a term expiring 06/30/2024; Connor O’Reilly, as a student member to a term expiring 06/30/2024; George Noonan, as an advisory member, to a term expiring 06/2026; Jaden Jeffries, as a student member to a term expiring 06/30/2024; Megan Garthee, as a student member to a term expiring 06/30/2024; Laik O’Reilly, as a student member to a term expiring 06/30/2024; Zoning Board of Appeals: Aaron Webb, as a regular member, to a term expiring 06/2026. These items were referred to Second Readings on June 1, 2023.

Town Councilor Eric Steinhilber recused himself from the following item. Town Councilor Jessica Rapp Grassetti moved to suspend the rules to vote on the item as a first read which was approved. AGENDA ITEM 2023-190 Reappointment to a Board/Committee/ Commission: Youth Commission: Mary Steinhilber, as a student member to a term expiring 06/30/2024 was approved.

Town Clerk Ann Quirk presented the rationale for AGENDA ITEM 2023-191 Acceptance of the provisions of M.G.L. Chapter 41, Section 110A of the Massachusetts General Laws which was approved.

Barnstable Police Chief Matthew Sonnabend presented the rationale for AGENDA ITEM 2023-192 Acceptance on behalf of the Town of a gift of a 2015 31 foot Safeboat from the Cape Cod Regional Law Enforcement Council for use by the Barnstable Police Department which was approved.

Finance Director Mark Milne presented the rationale for AGENDA ITEM 2023-193 Approval to increase the Cost of Living Adjustment for Barnstable County Retirees from 3% To 5% for Fiscal Year 2023. Susy Holmes, Executive Director of the Barnstable County Retirement Association, was on hand to assist in responding to questions. The item was approved. The next regularly scheduled Town Council Meeting will be held on Thursday, June 1, 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).