Town Council Meeting – Thursday, May 4, 2023

The May 4, 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 President Matthew Levesque called the meeting to order and Town Clerk Ann Quirk took the Roll Call. President Levesque led the Pledge of Allegiance and before the Moment of Silence President Levesque recognized that it is the National Day of Prayer and if you feel so inclined to pray for our Country, our state government, our Town, and elected officials and administration. Next was Public Comment which was followed by Council Response to Public Comment. Town Manager Mark Ells responded to Councilor questions.  President Levesque announced that Mr. Ells’ Town Manager Communications for the period of April 28-May 4, 2023 has been recorded and was shown on Channel 18 prior to the meeting.  Planning & Development Director Elizabeth Jenkins provided an update on the Local Comprehensive Plan.  The recorded version of Mr. Ells’ Town Manager Communications can be viewed here. 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 Capital Budget for FY2024 and Capital Plan for FY2024 to FY2028 have been submitted to the Town Council and public hearings will continue this evening.  Mark Milne, Director of Finance, has provided a prerecorded summary of the FY2024 Capital Improvement Plan. https://streaming85.townofbarnstable.us/vod/10498-Town-Manager-Communica-v1/vod.mp4  FY 2024 Operating budget hearings commence in June 2023.  For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  2. The Great Streets Downtown Hyannis project team invites you to attend the upcoming meeting to review final design concepts for the Downtown Hyannis transportation network.  The presentation will take place on Wednesday, May 17, 2023 from 7:00-8:00pm in the James H. Crocker, Jr. Hearing Room, 2nd floor, of Barnstable Town Hall, 367 Main Street, Hyannis.  Doors open at 6:30pm and the presentation will be followed by an Open House. More information on this effort can be found on the project website at www.tinyurl.com/HyannisGreatStreets.  There is still an opportunity to submit comments on the proposed intersection designs and cross sections through the online comment tool.  The meeting will be recorded, live broadcast, and available on the project website for later viewing.
  3. 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.  Under separate email we provided Town Council with a letter sent by the law firm representing the Association to Preserve Cape Cod to the Secretary of Energy and Environmental Affairs and the Office of Coastal Zone Management in which it urges the state to rely on the Ocean Sanctuaries Act to prohibit Holtec International from discharging radioactive wastewater into Cape Cod Bay as part of the decommissioning process of the Pilgrim Nuclear Plant in Plymouth.  I have reached out to the Barnstable County Commissioners, Cape Cod Commission and other Cape Town Administrators regarding their participation in support of preventing such a discharge.  We will keep the community advised on this matter as it progresses.
  4. On April 21, 2023 the Town received an email from John Cox, President of Cape Cod Community College (CCCC), notifying the Town of the recent Division of Capital Asset Management and Maintenance (DCAMM) notice for the Public Hearing that occurred last night to provide the public an opportunity to comment on the land transfer on 4C’s campus from the Massachusetts Department of Transportation (MassDOT) to DCAMM.  CCCC has been working closely with DCAMM to finalize the process of reallocating control over 21 acres of land adjacent to parking Lots 3 and 4 from MassDOT.  The Premises are currently undeveloped, landlocked and contain walking trails. Cape Cod Community College intends to use the land as is and to conduct a planning exercise to inform CCCC 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 dated 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 the 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.
  5. As stated in previous Town Manager Communications, 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 March 22, 2023 to discuss specific questions MassDEP (Department of Environmental Protection) had relative to our comment letters.  The next discussion with State officials is scheduled for May 10, 2023 and additionally for some time on or after May 16, 2023.  We will keep you advised of our progress on this matter.
  6. Elizabeth Jenkins, Director of Planning and Development, will provide an update on our Local Comprehensive Plan.

Councilors asked questions related to the Green Burial Regulations and the Opioid Settlement fund process. The Council voted to approve Public Session Minutes: April 27, 2023. Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements. District Attorney Rob Galibois provided an update on the Cape and Islands District Attorney’s Office. DA Galibois was sworn in four months ago.   President Levesque took a number of items out of order to start the Orders of the Day. AGENDA ITEM 2023-126 Appointments to a Board/Committee/ Commission: Mid Cape Cultural Council: Barbara Hersey, as a regular member, to a term expiring 06/2025; Shellfish Committee: Paul Hendricks Jr., as a professional fisheries trained member, to a term expiring 06/2024; Youth Commission: Sophia Machnik, as a student member, to a term expiring 06/2024; Daniel Gomes, as a student member, to a term expiring 06/2024 was approved. Director of Asset Management David Anthony presented the rationale for AGENDA ITEM 2023-180 Authorization to convey 8.1 +/- acres of the property located at 140 Old Oyster Road, in the village of Cotuit, MA, to the Cotuit Fire District for nominal consideration of one dollar and no cents ($1.00) and approval and authorization of a Conservation Restriction on the remaining 5.4 +/- acres of said property to be held by the Cotuit Fire District for conservation, recreation, aquifer recharge area and water protection purposes was approved. Director Anthony’s PowerPoint presentation can be viewed here. Next was NEW BUSINESS. 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 was referred to a Public Hearing on May 18, 2023. Marine & Environmental Affairs Director Derek Lawson presented AGENDA ITEM 2023-181 Transfer Order in the amount of $59,320 from the Marine and Environmental Affairs and Administrative Services Departments Fiscal Year 2023 Personnel Budgets to the Fiscal Year 2023 Marine and Environmental Affairs Fiscal Year 2023 Operating Capital Budget for the purpose of funding the acquisition of a Harbormaster vehicle was approved. Town Manager Ells provided additional information to Councilor questions. Department of Public Works Director Dan Santos presented AGENDA ITEM 2023-182 Transfer Order in the Amount of $428,700 from the Fiscal Year 2023 Department of Public Works General Fund Personnel Budgets to the Fiscal Year 2023 Department of Public Works General Fund Operating Expenditure and Operating Capital Budgets for the Purpose of Funding Outside Professional Services, Equipment, Supplies and Materials was approved.  Town Manager Ells returned to provide additional rationale as to why there are supplemental appropriation requests and vacancy savings from unfilled positions in town.  We are running at a 10% vacancy rate.  Seasonal positions are in a 25-30% vacancy range. Staff is currently evaluating competitiveness in the marketplace. Finance Director Mark Milne presented AGENDA ITEM 2023-183 Transfer Order in the amount of $51,000 from the Fiscal Year 2023 Administrative Services Department Personnel Budget to the Fiscal Year 2023 Administrative Services Department Operating Expense Budget and Operating Capital Budget for the purpose of funding Diversity, Equity and Inclusion training and diagnostics and purchasing furniture in the Tax Collections Office was approved. Planning & Development Director Jenkins presented AGENDA ITEM 2023-184 Transfer Order in the amount of $22,000 from the Planning and Development Department Fiscal Year 2023 Personnel Budget to the Fiscal Year 2023 Planning and Development Operating Expense Budget for the purpose of funding the replacement of buoys in Aselton Park was approved. Barnstable Police Chief Matthew Sonnabend presented AGENDA ITEM 2023-185 Transfer Order in the amount of $76,607 from the Barnstable Police Department Fiscal Year 2023 Personnel Budget to the Fiscal Year 2023 Police Department Operating Expense Budget for the purpose of funding training expenses and expenses associated with officer wellness was approved. Interim Community Services Director Chris Gonnella presented AGENDA ITEM 2023-186 Transfer Order in the Amount of $91,825 from the Fiscal Year 2023 Community Services Department Personnel Budgets to the Fiscal Year 2023 Community Services Operating Expenditure Budgets for the Purpose of Funding Outside Professional Services, Equipment, Supplies and Materials was approved. 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 was referred to a Public Hearing on May 18, 2023. OLD BUSINESS began with Barnstable Public Schools Superintendent Sara Ahern and Schools Facilities Director Michael Lambros presenting the rationale for all school items. AGENDA ITEM 2023-111 Appropriation and Loan Order in the amount of $400,000 for the purpose of funding the Cobb Astro Park Exterior Insulation Finish System (EIFS) Replacement Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-112 Appropriation and Loan Order in the amount of $1,000,000 for the purpose of funding the Campus-Wide Door and Window Replacement Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-113 Appropriation Order the amount of $350,000 for the purpose of funding the Campus-Wide Paving and Sidewalk Repair Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-114 Appropriation and Loan Order in the amount of $500,000 for the purpose of funding the Barnstable High School Culinary Arts Kitchen Improvements Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-115 Appropriation Order in the amount of $250,000 for the purpose of funding the Campus-Wide Mechanical Upgrades Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-116 Appropriation Order in the amount of $250,000 for the purpose of funding the Knight Hall Chiller Replacement Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan;  AGENDA ITEM 2023-117 Appropriation Order in the amount of $1,000,000 for the purpose of funding the Barnstable High School Phase II Softball Field Upgrade Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; and AGENDA ITEM 2023-118 Appropriation and Transfer Order in the amount of $750,000 for the purpose of funding the West Villages Elementary Carpet Removal Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan were approved. The PowerPoint for the School items can be viewed here. Cape Cod Gateway Airport Manager Katie Servis provided the rationale for the Airport items. AGENDA ITEM 2023-119 Appropriation and Loan Order in the amount of $1,015,864 for the purpose of funding the HVAC upgrades to the Airport Terminal and Tower Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-120 Appropriation and Loan Order in the amount of $525,000 for the purpose of funding the Master Plan Updates Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-121 Appropriation and Loan Order in the amount of $689,000 for the purpose of funding the Security Camera Upgrades Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-122 Appropriation and Loan Order in the amount of $383,000 for the purpose of funding the replacement of Snow Removal Equipment Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-123 Appropriation and Loan Order in the amount of $1,120,580 for the purpose of funding the Snow Removal Equipment Storage Facility Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; AGENDA ITEM 2023-124 Appropriation and Loan Order in the amount of $505,000 for the purpose of funding the Electric Aircraft Support Vehicle and Charging Station Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan; and AGENDA ITEM 2023-125 Appropriation and Loan Order in the amount of $355,000 for the purpose of funding the Jet A Fuel Storage Tank Project as outlined in the Fiscal Year 2024 – Fiscal Year 2028 Capital Improvement Plan were approved. The PowerPoint for the Airport items can be viewed here. The next regularly scheduled Town Council Meeting will be held on Thursday, May 18, 2023. 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).