Town Council Meeting – Thursday, May 19, 2022
The May 19, 2022 Meeting of the Barnstable Town Council was conducted remotely and physically closed to the public. Alternative public access was provided through Zoom. Town Council President Matthew Levesque opened the meeting asking Town Councilor Nikolas Atsalis to lead the Pledge of Allegiance. President Levesque offered the Moment of Silence remembering what is going on in Ukraine and prayers for peace around the world. Next up was Public Comment which was followed by Council Response to Public Comment.
Town Manager Mark Ells presented his Town Manager Communications for the period of May 6-19, 2022 electronically to the Town Council except for the first item which was explaining the recent decision by MassWildlife regarding the Town’s planned fireworks. Town Manager Communications can be viewed here.
The Council then acted on the minutes and provided their Communications. President Levesque announced that Councilor David Bogan had submitted his resignation to Town Clerk Ann Quirk on May 17th as his place of residence had changed and he was no longer a resident of the Town of Barnstable. The annual Joint Base Cape Cod Commanders Brief was presented by: COL Tim Gordon, Air Force 102d Vice Wing Commander for Intel Wing; CAPT Rob Potter, Commanding Officer, Coast Guard Air Station Cape Cod; CAPT Sean Hannigan, Commanding Officer, Coast Guard Base Cape Cod; COL Matt Porter, Commander, Army National Guard Camp Edwards; and LT COL Timothy “Skip” Sheehan, Space Force 6SWS Commander. You can view their presentation here.
The Town Council then entered into EXECUTIVE SESSION pursuant to G.L. c. 30A, § 21(a)(3) to discuss strategy with respect to litigation since a discussion in open session may have a detrimental effect on the litigating position of the Town and Town Council. Specifically, the Council will discuss two matters: (1) a potential lawsuit to be filed by the Town against Susan Jenkins, Trustee of the Jenkins Nominee Trust, and Sam Slater, the Seller and Buyer, respectively, of the four parcels of land located in Centerville, MA, and known as 1246 Bumps River Road, 1271 Bumps River Road, Bumps River Road and Marie-Ann Terrace, regarding claims under G.L. c. 61A; and (2) a lawsuit filed against the Town by TJA Clean Energy, LLC regarding claims under G.L. c. 40A, § 3(9). Upon leaving Executive Session, the Town Council began the Orders of the Day in PUBLIC SESSION.
OLD BUSINESS began with Planning & Development Director Elizabeth Jenkins introducing Senior Planner Jim Kupfer to present the rationale for Agenda Item 2022-034 Amending the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning by expanding the Ground-Mounted Solar Photovoltaic Overlay District to include the property located at 810 Wakeby Road, Marstons Mills (Assessors’ Map 013 Parcels 004, 005, 052) and by requiring a special permit for large-scale Ground-Mounted Solar Photovoltaic Installations located within any Residential District located within the Overlay District. The Town Council moved to keep the Public Hearing open and continued to the August 18, 2022 Town Council meeting.
Citizen petitioner Anne Salas provided the rationale for Agenda Item 2022-134, a citizens’ petition for a proposed zoning amendment establishing a temporary moratorium on the construction of large scale Ground Mounted Solar Photovoltaic Systems. Assistant Town Attorney Kate Connolly provided her legal opinion on the item. Town Attorney Karen Nober was consulted on the meaning of the wording of the item. Because the vote as written reflected the referral of the item to the Planning Board, which had already occurred, the Council amended the item so that the vote was to approve the petition as written. The item did not carry.
Agenda Item 2022-157 Appointments to a Board/Committee/Commission: Shellfish Committee: William Cherepon, as a Member at Large, to a term expiring 06/2025; Steamship Authority Port Council: Roland Breault, as a Town of Barnstable Representative Member, to a term expiring 12/31/2023 was approved. NEW BUSINESS began when President Levesque entertained a motion to refer Agenda Items 2022-160 through 2022-183, as written, to individual public hearings to be held on each item at the Town Council meeting on June 2, 2022. Prior to the vote, Finance Director Mark Milne presented an overview of the proposed FY2023 Operating Budget (view presentation here). The items were approved for public hearings on June 2, 2022. These Agenda items can be viewed here.
Agenda Item 2022-184 Fiscal Year 2023 Spending Limitations: Senior Services Classroom Education Fund – $100,000; Recreation Program Fund – $525,000; Shellfish Propagation Fund – $200,000; Consumer Protection Fund – $600,000; Geographical Information Technology Fund – $10,000; Arts and Culture Program Fund – $50,000; Asset Management Fund – $500,000 received a First Reading and was referred to Second Reading on June 2, 2022.
Finance Director Milne presented Agenda Item 2022-186 Transfer Order in the total amount of $522,000 from Fiscal Year 2022 Personnel Budgets to Fiscal Year 2022 Operating Expenditure and Operating Capital Budgets for the purpose of funding outside professional services, equipment, supplies and materials in several departments and to the Barnstable Police Department Fiscal Year 2022 Personnel Budget which was approved.
Agenda Item 2022-187 Appointment to a Board/Committee/Commission: Mid Cape Cultural Council: Kathleen McMahon, as a regular member to a term expiring 06/2023 received a First Reading and was referred to Second Reading on June 2, 2022. Councilor Jessica Rapp Grassetti recused herself from the following item. Agenda Item 2022-188 Reappointments to a Board/Committee/Commission: Airport Commission: Bradley Bailey as a regular member to a term expiring 06/2025; Board of Assessors: Andrew Machado, as a regular member to a term expiring 06/2025; Board of Health: Donald Guadagnoli, as a regular member to a term expiring 06/2025; Dan Luczkow, as a regular member to a term expiring 06/2025; Steven Waller, as an alternate member, to a term expiring 06/2025; Community Preservation Committee: James Tenaglia, as a Recreation Commission Representative Member to a term expiring 06/2025; Farley Lewis, as a regular member to a term expiring 06/2025; Marilyn Fifield, as a Historical Commission Representative Member to a term expiring 06/2025; Steven Robichaud, as a Planning Board Representative Member, to a term expiring 06/2025; Comprehensive Financial Advisory Committee: Charles McKenzie, as a regular member to a term expiring 06/2025; Melanie Powers, as a regular member to a term expiring 06/2025; Lillian Woo, as a regular member to a term expiring 06/2025; Conservation Commission: Peter Sampou, as a regular member to a term expiring 06/2025; Louise Foster, as a regular member to a term expiring 06/2025; F.P. Tom Lee, as a regular member to a term expiring 06/2025; Council on Aging: Lori Case, as a regular member to a term expiring 06/2025; Disability Commission: Paula Breagy, as a regular member to a term expiring 06/2025; Jerilyn DiCostanzo, as a regular member to a term expiring 06/2025; Elderly & Disabled Taxation Aid Committee: William Murdoch, as a regular member to a term expiring 06/2025; Golf Committee: Susanne Conley, as a regular member to a term expiring 06/2025; Geoffrey Convers, as a regular member to a term expiring 06/2025; William Sylva, as a regular member to a term expiring 06/2025; Mark Bushway, as a regular member to a term expiring 06/2025; Historical Commission: George Jessop, as an architect representative member to a term expiring 06/2025; Jack Kay, as a regular member to a term expiring 06/2025; Housing Committee: Paula Breagy, as a regular member to a term expiring 06/2025; Meaghan Mort, as a regular member to a term expiring 06/2025; Human Service Committee: Meaghan Mort, as a regular member to a term expiring 06/2025; Infrastructure and Energy Committee: Jane Ward, as a regular member to a term expiring 06/2025; John F. Kennedy Memorial Trust Fund Advisory Committee: William Murphy, as a Recreation Commission Chair Representative Member to a term expiring 06/2025; Land Acquisition and Preservation Committee: Farley Lewis, as a regular member to a term expiring 06/2025; Licensing Authority: John Flores, as a regular member to a term expiring 06/2025; David Hirsch, as a regular member to a term expiring 06/2025; Mid Cape Cultural Council: Mary Taylor, as a regular member to a term expiring 06/2025; Old King’s Highway Historic District Committee: George Jessop, an architect representative member to a term expiring 06/2025; Scholarship Committee: Deborah Hill, as a regular member to a term expiring 06/2025; Shellfish Committee: Stuart Rapp, as a regular member to a term expiring 06/2025; Trust Fund Advisory Committee: Lillian Woo, as a Financial Representative Member to a term expiring 06/2025; Jonathan Gilmore, as a member-at-large to a term expiring 06/2025; William Murdoch, as a Civic Association Representative Member to a term expiring 06/2025; Waterways Committee: Todd Walantis, as a regular member to a term expiring 06/2025; Peter Cross, as a regular member to a term expiring 06/2025; Youth Commission: Jaden Jeffries, as a student member to a term expiring 06/2023; Daniel Gomes, as a student member to a term expiring 06/2023; Isabelle Rudy, as a student member to a term expiring 06/2023; Laik O’Reilly, as a student member to a term expiring 06/2023; Alexander Arabadzhiev, as a student member to a term expiring 06/2023; Luc-Andre Sader, as a student member to a term expiring 06/2023; Connor O’Reilly, as a student member to a term expiring 06/2023; Michaela Stampfl, as a student member to a term expiring 06/2023; Piper Hunt, as a student member to a term expiring 06/2023; Zoning Board of Appeals: Todd Walantis, as a regular member to a term expiring 06/2025; Hebert Bodensiek, as a regular member to a term expiring 06/2025; Paul Pinard, as a regular member to a term expiring 06/2025 received a First Reading and was referred to Second Reading on June 2, 2022. President Levesque recused himself from the next item.
Agenda Item 2022-188A Reappointment to a Board/Committee/Commission: Youth Commission member: Cameron Levesque, as a student member, to a term expiring 06/2023 received a First Reading and was referred to Second Reading on June 2, 2022. Councilor Eric Steinhilber recused himself from the next item. Agenda Item 2022-188B Reappointment to a Board/Committee/Commission: Youth Commission member: Mary Steinhilber, as a student member, to a term expiring 06/2023 received a First Reading and was referred to Second Reading on June 2, 2022.
The following Agenda Items received a First Reading and were referred to Second Readings on June 2, 2022: 2022-189 Order authorizing the award and execution of a lease with a term of five years for golf cars and utility vehicles at Olde Barnstable Fairgrounds and Hyannis Golf Courses; 2022-190 Approval of change of purpose to allow the grant of an easement to Park City Wind LLC in certain parcels of land namely that portion of Craigville Beach known as Assessors’ Parcel 206-013 and that portion of 20 South Main Street known as Assessors’ Parcel 228-138; 2022-191 Order to petition the General Court of the Commonwealth to enact special legislation approving the grant of easement to Park City Wind LLC in certain parcels of land namely that portion of Craigville Beach known as Assessors’ Parcel 206-013 and that portion of 20 South Main Street known as Assessors’ Parcel 228-138; 2022-192 Approval of a grant of easement to Park City Wind LLC in certain parcels of land namely that portion of Craigville Beach known as Assessors’ Parcel 206-013 and that portion of 20 South Main Street known as Assessors’ Parcel 228-138; 2022-193 Order to grant to Park City Wind LLC an easement from Craigville Beach to Shootflying Hill Road for utility purposes only; and 2022-194 Authorization for Park City Wind LLC to record Chapter 91 license and other licenses and approvals issued to Park City Wind LLC. The next regularly scheduled Town Council Meeting will be held on Thursday, June 2, 2022. 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).
