Town Council Meeting – Thursday, May 2, 2024

The May 2, 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 Town Clerk Ann Quirk took the Roll Call.

Town Council Vice President Craig Tamash Colonel Jane Ward to lead the Pledge of Allegiance. Colonel Ward graduated from Wellesley College and was commissioned in the United States Air Force (USAF) while an optometry student at the University of California, Berkeley in 1976. Jane cared for military optometry patients for two years at Andrews Air Force Base then earned an MD at the Uniformed Services University. Colonel Ward served as the sole Air Force ophthalmologist in the western Pacific region, based in the Philippines. Jane was next an aviation ophthalmologist and flight surgeon at Brooks Air Force Base, School of Aerospace Medicine in San Antonio and then became ophthalmology residency Program Director and Ophthalmology Consultant to the USAF Surgeon General. In 2000, she was chosen to develop the USAF International Health Specialist program, at the US Air Force Surgeon General office at the Pentagon. The 24 year old International Health Specialist program has become a very successful special certification and assignment option for all USAF medics, improving our coalition partnerships in a wide variety of international missions. Jane retired from her 26-year military career in 2002. To expand her knowledge in population health and wellness, Jane earned a master’s degree in public health and helped found the Health in Buildings Roundtable at the National Institutes of Health. This group helped focus our COVID pandemic response to include optimizing indoor air quality and respiratory protection. Certified in lifestyle medicine, Jane continues to promote healthy lifestyle choices and the interdependence of human and environmental health. She is passionate about considering the Climate emergency in all policy decisions. She is a volunteer on the Town’s Infrastructure and Energy Committee.

 

President Penn offered a Moment of Silence.

 

Next was Public Comment.

 

Council Response to Public Comment followed.

 

Councilor Matt Levesque requested that Town Manager Mark Ells to the podium to respond to some of the questions regarding the Affordable Housing Growth and Development Trust Fund asked during Public Comment.

 

President Penn announced that Mr. Ells’s Town Manager Communications for the period of April 24-30, 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 FY 2025.  The FY25 proposed capital program and FY25 to FY29 Capital Plan has been submitted to the Town Council and is available on the town’s website for viewing. Public hearings on the Capital Improvements Plan (CIP) orders began on April 25, 2024, and will continue at the May 2, 2024 Town Council meeting.  For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us

 

  1. 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 project. Vineyard Wind has developed informational signage to be installed at the site to illustrate location and other project information so that those who visit Covell’s Beach may have access to such information.  The informational signage will be installed in spring 2024.  Vineyard Wind is preparing a means of public access to information regarding issues of concern such as Electromagnetic Frequency (EMF) as well as other safety compliance aspects so that the public will know that the system is functioning in a safe and compliant manner.  I had a telephone conversation with the Assistant Secretary for Government Affairs at the Executive of Energy and Environmental Affairs regarding my request that state officials provide verification that the Vineyard Wind project is in fact safe and in compliance with all state permitting requirements.  We also met with Senator Cyr this week and requested his support for having state officials communicate with the town and the public on the safety and compliance of wind projects.  We will keep you informed of the progress on this matter.

 

  1. Town staff continues their discussions with state officials, most recently Senator Cyr, regarding the letter sent on April 4, 2024 to our Governor regarding concerns the Town of Barnstable has regarding the safety and compliance of wind projects as they land in and traverse through communities such as Barnstable, as well as other large-scale electric generating projects. In recent conversations with state officials, the Town has raised concerns regarding a community’s liability and risk in the event of a catastrophic failure of any of the physical components of these large-scale electric generating projects, particularly their substations, which use large volumes of oil and hazardous materials.  We believe the state, as the permitting entity for these energy generating projects, should be responsible for taking an active role in ensuring project compliance with all permitting requirements, including designating a state compliance officer for such projects. We further believe that the state should affirmatively agree to back-stop the project owner by being prepared to undertake an immediate emergency response and be responsible for the costs of responding to and remediating any catastrophic event in the event the project owner does not or cannot do so.  In following up to a call we received from the Governor’s Office asking for specifics as to the types of assurances the Town was requesting, we met with Senator Cyr to strategize on this request.  We expect further discussion with the Senator’s Office and will share our progress on this matter with the Town Council.

 

  1. At the Town Council meeting on March 7, 2024, we conducted a workshop regarding private roads. The presentation included a brief history, a summary of private roads, and potential future action to be taken regarding taking of private roads.  At the Town Council meeting on April 25, 2024, further discussion arose regarding policy questions on how we will proceed with the taking of private roads.  The Town staff has proceeded as follows based on past and the most recent discussions with Town Council:
    1. At the last workshop the Town Manager committed to a discussion with Town Council during the FY 2025 Capital Budget hearings as to whether to proceed with use of Special Revenue Funds created by Special Legislation (2014) for Sewer Construction and Private Way Maintenance and Improvement or to proceed with the layout and acceptance of private roads proposed in the FY 2025 CIP and once accepted included as public roads in the Town Pavement Management Program. On April 25, 2024, the Town Council voted to approve the order to utilize the Special Revenue Funds.
    2. Proceed with conducting a pavement conditions assessment of public and private roads to better understand the financial implications of taking private roads and adding said roads into the public road inventory.
    3. Notify Town Council when/if a new road is being proposed in Barnstable so that a further discussion can occur regarding whether said road should be accepted as a public road.
    4. Continue to bring to the Council for approval batches of roadway easements for sewer installation on private roads in the continuing efforts to secure State Revolving Fund eligibility for any and all sewer construction projects as outlined in the Town Council approved Comprehensive Wastewater Management Plan.
    5. Conduct another Private Roads workshop with Town Council following budget hearings to further discuss details and impacts of implementing a “Taking of Private Roads” policy. Town Manager’s Office, Legal, and DPW will continue to compile needs information to advance this discussion with Town Council.

 

  1. Elizabeth Jenkins, Director of Planning and Development, will provide an update on the Local Comprehensive Plan.

Mr. Ells returned to the podium to address additional questions from the Council regarding the Local Comprehensive Plan.

 

The Council voted to approve Public Session Minutes:  April 25, 2024.

 

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

 

Orders of the Day.

President Penn announced that three items would be taken out of order starting with NEW BUSINESS.

 

AGENDA ITEM 2024-213 Transfer Order in the amount of $240,000 from Fiscal Year 2024 Department of Public Works General Fund Personnel Budget to Fiscal Year 2024 Department of Public Works Operating Expense and Operating Capital Budgets for the purpose of funding the purchase of equipment and road marking services.

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

 

OLD BUSINESS

AGENDA ITEM 2024-184 Appointment to a Board/Committee/Commission: Council on Aging: Christine Beer, as an Associate member, to a term expiring 06/30/2026; Hyannis Main Street Waterfront Historic District Appeals Committee: Amanda Converse, as a Hyannis Business Community member to a term expiring 06/30/2025; Human Services Committee: Suzanne Welch, as a regular member to a term expiring 06/30/2024; Wendy Crocker, as a regular member to a term expiring 06/30/2026; Infrastructure and Energy Committee: William Beal, as a regular member to a term expiring 06/30/2024; Christopher Gloninger, as a regular member to a term expiring 06/30/2026; Mid Cape Cultural Council: Carolyn Ferrell as a regular member to a term expiring 12/31/2026; Steamship Authority Board of Governors: Robert Jones as the Town of Barnstable Representative member to a term expiring 12/31/2027*; Youth Commission: Welmer “Junior” De Oliveira, as a student member to a term expiring 0e it6/30/2025; Noah Lyonnais, as a student member to a term expiring 06/30/2025. *Term for Steamship Authority Board of Governors was amended to 12/31/2026.

The item was read by Councilor Jeffrey Mendes, Chair of the Appointments Committee. The item as amended was approved.

 

AGENDA ITEM 2024-212 Order authorizing and ratifying an Intergovernmental Agreement between the Town of Barnstable and the University of Massachusetts Dartmouth for technical support of the Town’s Water Quality Monitoring and Wastewater Planning and Estuary Water Quality Sampling Programs.

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

 

AGENDA ITEM 2024-116 Appropriation Order in the amount of $2,850,000 for funding the Public Roads Maintenance Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Engineer Griffin Beaudoin provided answers to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-117 Appropriation Order in the amount of $350,000 for funding the Curb Ramps and Sidewalk ADA Transition Plan Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-118……….. Appropriation Order in the amount of $135,000 for funding the Monitoring and Management Plan for Fresh Water Ponds Project as outlined in the Fisal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-119 Appropriation and Loan Order in the amount of $685,000 for funding the Raised Crosswalks on Main St. Osterville Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Engineer Griffin Beaudoin provided answers to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-120 Appropriation and Loan Order in the amount of $1,750,000 for funding the Channel Dredging Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Engineer Griffin Beaudoin and Finance Director Mark Milne provided answers to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-121 Appropriation and Loan Order in the amount of $580,000 for funding the Bulkhead Improvements Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Engineer Griffin Beaudoin provided answers to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-122 Appropriation Order in the amount of $256,000 for funding the Bay Shore Boat Ramp Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-123 Appropriation Order in the amount of $50,000 for funding the West Bay Breakwater Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-124.. Appropriation Order in the amount of $150,000 for funding the Blish Point Long Term Solution Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Engineer Griffin Beaudoin provided answers to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-125 Appropriation Order in the amount of $240,000 for funding the Automatic Beach Gate Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Architect Mark Marinaccio and Community Services Director Chris Gonnella provided answers to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-126 Appropriation Order in the amount of $250,000 for funding the Town Hall Elevator Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-127 Appropriation and Loan Order in the amount of $619,000 for funding the School Administration Building Mechanical Upgrades Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-128 Appropriation Order in the amount of $51,000 for funding the Marine and Environmental Affairs Building Mechanical Upgrades Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Architect Mark Marinaccio responded to Councilor questions. Marine & Environmental Affairs Director Derek Lawson was on hand. The item was approved.

 

AGENDA ITEM 2024-129 Appropriation Order in the amount of $72,000 for funding the Barnstable Adult Community Center Mechanical Upgrades Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Finance Director Mark Milne assisted in responding to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-130 Appropriation Order in the amount of $89,000 for funding the Old Selectman’s Building Handicap Ramp Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-131 Appropriation Order in the amount of $90,300 for funding the Mosswood Cemetery Building Improvements Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-132 Appropriation and Loan Order in the amount of $618,759 for funding the Town Office Relocation Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-133 Appropriation Order in the amount of $370,000 for funding the Barnstable Police Facility Improvement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Architect Mark Marinaccio responded to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-134 Appropriation Order in the amount of $359,623 for funding the Marine and Environmental Affairs Exterior Restoration Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-135 Appropriation Order in the amount of $48,000 for funding the Barnstable Adult Community Center Exterior Restoration Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Architect Mark Marinaccio responded to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-136 Appropriation Order the amount of $300,000 for funding the Hyannis Youth and Community Center Mechanical improvements Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-137 Appropriation Order in the amount of $285,059 for funding the Hyannis Youth and Community Center Security System Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-138 Appropriation and Loan Order in the amount of $2,950,000 for funding the Hyannis Golf Course Club House Restoration Project as outlined in the Fiscal Year 2025- Fiscal Year 2029 Capital Improvement Plan

The item was presented by DPW Director Dan Santos. Finance Director Mark Milne responded to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-139 Appropriation Order in the amount of $305,000 for funding the Joshua Pond Handicap Accessibility and Beach Improvement as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by DPW Director Dan Santos. Town Engineer Griffin Beaudoin responded to Councilor questions. The item was approved.

 

AGENDA ITEM 2024-140 Appropriation Order in the amount of $243,000 for funding the Centerville Recreation Mechanical Improvements Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

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

 

AGENDA ITEM 2024-141 Appropriation Order in the amount of $175,000 for funding the Network Infrastructure Upgrade Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Information Technology Director Jim Benoit. The item was approved.

 

AGENDA ITEM 2024-142 Appropriation and Loan Order in the amount of $900,000 for funding the Barnstable Community Innovation School Elevator Installation Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. Also in attendance was Chris Dwelley, Deputy Finance Director for School Operations. The item was approved.

 

AGENDA ITEM 2024-143 Appropriation Order in the amount of $550,000 for funding the Playground Safety Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-144 Appropriation Order in the amount of $85,000 for funding the Paging System Upgrade at Hyannis West Elementary School and Enoch Cobb Early Learning Center Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-145 Appropriation Order in the amount of $344,000 for funding the Barnstable Intermediate School Exterior Door Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-146 Appropriation and Loan Order in the amount of $3,353,700 for funding the Unit Ventilator Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-147 Appropriation and Loan Order in the amount of $650,000 for funding the Auditorium RTU Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-148 Appropriation Order in the amount of $78,000 for funding the Hyannis West Parking Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-149 Appropriation and Loan Order in the amount of $757,700 for funding the Barnstable Intermediate School Network Based Public Address System Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-150 Appropriation Order in the amount of $160,000 for funding the Hyannis West Locker Room Renovation Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-151 Appropriation Order in the amount of $200,000 for the funding the Plumbing Fixture Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-152 Appropriation and Loan Order in the amount of $1,110,000 for funding the Barnstable High School Bathroom Renovation Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-153 Appropriation Order in the amount of $350,000 for funding the Barnstable High School Roof Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-154 Appropriation Order in the amount of $63,800 for funding the Barnstable United Elementary School Library Carpet Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-155 Appropriation Order in the amount of $318,000 for funding the Hyannis West Bathroom Renovations Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

 

AGENDA ITEM 2024-156 Appropriation and Loan Order in the amount of $1,000,000 for funding the HVAC Direct digital Control Replacement Project as outlined in the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan.

The item was presented by Barnstable Public Schools Superintendent Sara Ahern and Acting Interim Director of Facilities Manager Kevin Maxim. The item was approved.

The PowerPoint for the Barnstable Public Schools budget presentations may be viewed here.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, May 16, 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).