The November 17, 2022 Meeting of the Barnstable Town Council was conducted remotely. The public was able to view the meeting on Barnstable Government Access Channel 18 or live stream through the Town website and participate in Public Comment or Public Hearings through Zoom. Town Council President Matthew Levesque opened the meeting announcing that the Town Clerk and the Assistant Town Clerk are both unavailable tonight, so unless there is any objection from any of the Councilors, Lynne Poyant, the Town’s Director of Communications, will serve as the Clerk of the Council tonight, except that the Town Clerk shall prepare the meeting minutes, which shall include a record of the votes taken at this meeting.  No objection was raised and Director Poyant proceeded with the Roll Call. President Levesque led the Pledge of Allegiance and offered a Moment of Silence for Ukraine and for those who might not have a place to go this Thanksgiving.  Next up was Public Comment followed by Council Response to Public Comment. Town Manager Mark Ells presented his Town Manager Communications for the period of November 4-17, 2022:

  1. Elizabeth Jenkins, Director of Planning and Development, provided an overview of the Great Streets Downtown Hyannis: Hyannis Main Street Transportation Network and Streetscape project.
  2. The Town of Barnstable is currently in the process of updating our Housing Production Plan (HPP).  An HPP helps municipalities identify the best ways to meet their housing needs and shape the location, type, and design of development.  This plan will consider best practices for promoting diverse housing options that align with the community’s vision and goals.  Communities with a wide variety of housing types and programs are stronger, more diverse places to live with higher quality of life for residents.  Our current HPP expires next year, and we are hard at work to update our HPP.  Community engagement is an integral part of this plan and our goal is to reach as many Barnstable community members as possible. We invite you to join our hybrid Public Forum on Wednesday, November 30th at 6:00 PM.  This forum will be hosted in person at Barnstable Town Hall, 367 Main Street, Hyannis, as well as virtually through a Zoom webinar.  This event is free and open to the public, though registration for the virtual option is required.   You can register here.  During the forum, the Town will present draft goals and strategies, then provide opportunities for community members to participate.  You can learn more about the existing Housing Production Plan at the Town’s Housing and Community Development website here.
  3. We are proceeding with the Budget Action Calendar for FY 2024.  The FY 2024 Capital Improvement Plan (CIP) submissions were due on November 7, 2022 with a staff review of the proposed CIP projects commencing November 28, 2022 as per the Budget Action Calendar.  A public hearing was held on November 15, 2022 at 11:00 AM for proposed changes to various Town of Barnstable permit and programs fees that take effect on January 1, 2023 as well as on a proposed taxi meter rate increase for taxis licensed to operate within the Town of Barnstable effective January 1, 2023.  The hearing can be viewed on the Town of Barnstable’s website. We will continue to take public comments through December 14, 2022.  Information regarding the proposed changes are available on the Town Manager’s page of the Town of Barnstable’s website at www.townofbarnstable.us.  For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  4. On June 1, 2022, the Town of Barnstable was informed of regulatory revisions the Massachusetts Department of Environmental Protection (MassDEP) was developing to ensure that timely actions are taken to restore and protect coastal estuaries that have been impacted by excessive nitrogen pollution.   MassDEP is proposing to amend the Title 5 regulations to enhance protection of embayments and estuaries – particularly on Cape Cod, the Islands and Southeastern Massachusetts – from nitrogen pollution originating primarily from wastewater.  MassDEP’s proposed regulations at 314 CMR 21.00 provide a watershed permitting approach to control nitrogen and other pollutants from entering the embayments and estuaries.  MassDEP will conduct three public hearings one of which will be an in-person and remote hearing at Barnstable Town Hall, 367 Main Street, Hyannis, MA on December 5, 2022 at 6:00 PM. Comments on the proposed revisions may be presented orally at the public hearing. You can find additional information regarding the public hearings at https://www.mass.gov/doc/310-cmr-15000-314-cmr-2100-public-hearing-notice/download  We have also been provided with the following links to proposed changes to the regulation.  310 CMR 15.000: Septic Systems (“Title 5”) | Mass.gov314 CMR 21.00: Watershed Permit Regulations | Mass.gov.  At the November 10, 2022 Cape Managers meeting we discussed the proposed regulations with varying comments and concerns amongst the attending Towns.  I had a subsequent discussion with Kristy Senatori, Executive Director of the Cape Cod Commission, regarding these proposed regulation changes and agreed to share comments on said proposed regulations.  Written comments are due by December 16, 2022.  We will keep you advised as these important regulatory revisions progress.
  5. We continue review of permits filed with regulatory agencies regarding the proposed Phase 3 (Commonwealth Wind) landing of cable in Barnstable.  At the presentation on March 17, 2022 the proposed landing locations for cable in Osterville were shared with the Town Council.  Commonwealth Wind shared said information following their filing for Site Assessment approval with the U.S. Bureau of Ocean Energy Management documents that identified their proposed project including landing and cable route locations.  I plan to commence Host Community Agreement negotiation with Commonwealth Wind in late November 2022 as authorized by Town Council.  My most recent discussion focused on Commonwealth Wind’s request to delay their filing with the Department of Public Utilities (DPU) in order to renegotiate their Power Purchasing Agreement but they had not changed their filing of environmental/project permitting for the Commonwealth Wind project.  On September 30, 2022 Commonwealth Wind proceeded with filing an Environmental Notification Form (ENF) and supporting documents to the Massachusetts Environmental Protection Agency office (MEPA) of the Secretary of Energy and Environmental Affairs.  The document link below is to the form and various attachments, including attachment A, which is a narrative describing the project and the rationale for various siting and design considerations, including the landing and the route.nhttps://avangridrenewables.box.com/s/vwftpvf703ivpauz34yoadvimq8g8lbu Commonwealth Wind anticipates that the public comment period for the ENF will extend through November 29, 2022 (extended from October 27, 2022).  Link to MEPA website https://eeaonline.eea.state.ma.us/EEA/MEPA-eMonitor/home   Staff is reviewing the ENF and plan to submit comments within the public comment period.  We will continue to monitor the Attachment D Permits, Reviews and Approvals required for the project and respond appropriately.  We will keep you advised of our progress on this matter.
  6. Sean Hogan joined our Asset Management Division of the Town Manager’s Office as the Environmental Sustainability Manager on Monday, November 14th.  He comes to the town from the Tuft’s Urban and Environmental Planning program.  He holds bachelor’s degrees in Economics and Earth Science as well as Master degrees in Urban and Environmental Planning and International Relations.  He is currently in the process of familiarizing himself with the Town, researching our renewable energy installations, energy efficiency initiatives and commenced meeting with key individuals in an effort to build a sustainable and resilient future for our community.
  7. I want to thank our Barnstable Youth Commission for hosting the 9th Annual Community Substance Abuse Prevention Forum in the Barnstable High School Library. Parents and guardians were invited to attend the forum, learn up-to-date information and have their questions answered on this important topic by a panel of local experts.  The “Hidden in Plain Sight” trailer was also on-site at the event to show parents/guardians where youth may be hiding illegal substances.
  8. The Town of Barnstable’s Channel 18 continues its award winning video production, receiving four awards at the Alliance for Community Media Northeast Region annual video festival held on November 12, 2022. 
  • 3rd place in the Profile Talk Show Category for “Beacon Hill Beat – State Senator Julian Cyr”
  • 2nd place  in the Municipal Government Programming category for “Introduction to Water Quality”
  • 1st place in the Science/Health/Spirituality category for “Learn to Shellfish – Harvesting Oysters”
  • 1st place in the Community Impact category for “Residential Storm Water”
  • Congratulations to Sarah Beal-Fletcher, Paula Hersey, Stone Dow, and Liz Lewis for their outstanding work! Being recognized by Public, Education, Government (PEG) media and local access stations in the Northeast region which includes all of New England and New York is a great accomplishment. Recognition for the hard work put in to create meaningful and informative content that matters for the residents and visitors of the Town of Barnstable shows that our commitment to excellence is paying off. Channel 18 has won 29 awards for their hard work since the first time entering the festival in 2010.  All of this year’s winning videos can be accessed via YouTube on this playlist: ACM-NE Winners.

Rob Steen, Assistant Director of Public Works, provided an update on Water Resource Planning including an update on the Comprehensive Wastewater Management Plan.  Mr. Steen’s PowerPoint presentation can be viewed here.

The Council voted to approve the Public Session Minutes of November 3, 2022. Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.

OLD BUSINESS began a Public Hearing for Agenda Item 2022-159 Amending the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning, Article III, §240-30(E)(4)  by amending the separation requirements of the Medical Marijuana Overlay District

Planning and Development Director Jenkins presented the introduction to the rationale.  Attorney Tim McNamara represented the Citizen Petitioners to present the rationale.  A motion to amend Section 240-30, Medical Marijuana Overlay District, of Chapter 240 Zoning, Article III District Regulations, of the Code of the Town of Barnstable to update certain references therein for consistency with applicable state law and regulations by:

  1. deleting “registered marijuana dispensary/ies” wherever that term appears and inserting “medical marijuana treatment center/s” in its place;
  2. deleting “RMD” wherever that term appears and inserting “MTC” in its place;
  3. deleting “Department of Public Health” and “DPH” wherever those terms appear and inserting “Cannabis Control Commission” in their place;
  4. deleting “105 CMR 725.000, Implementation of an Act for the Humanitarian Medical Use of Marijuana” in Section B(1) and inserting “935 CMR 501.000, Medical Use of Marijuana” in its place;
  5. deleting “Registration” in Section E(1) and inserting “Licensing” in its place;
  6. deleting “registered” in each instance where that word appears after the word “properly” in Section E(1) and inserting “licensed” in its place;
  7. deleting “105 CMR 725.100” in Section E(1) and inserting “935 CMR 501.050(1) and 935 501.101” in its place; 
  8. deleting “registration” in each instance where that word appears in Section E(9) and inserting “licensure” in its place;
  9. deleting “[r]egistration” in each instance where that word appears in Section F(1)(h) and inserting “licensure” in its place;
  10. deleting “105 CMR 725.100(E), Expiration and Renewal of Registration” in Section F(5)(a) and inserting “935 CMR 501.103(4), Expiration and Renewal of Licensure” in its place; and
  11. deleting “105 CMR 105(O), Requirements Upon Expiration, Revocation or Voiding of Certificate of Registration of RMD” in Section F(5)(b) and inserting “935 CMR 501.105(18), Requirements on the Expiration, Revocation, or Voiding of Certificate of Licensure of MTC” in its place. 

The motion for amendment was approved.  A second motion to amend Item No. 2022-159 by deleting the following sentences: “The site does not abut a religious institution/place of religious assembly, and is at least 500 feet from any school, day-care center, preschool or afterschool facility or any facility in which children commonly congregate.  In no case shall a RMD directly abut another RMD or any medical marijuana use.” and inserting the following in their place:

“The MTC Entrance, as defined by 935 CMR 501.002,  is at least 500 feet from the nearest School Entrance, as defined by 935 CMR 501.002, and from the nearest entrance of any religious institution/place of religious assembly, day-care center, preschool or afterschool facility or any facility in which children commonly congregate.  Distance shall be measured in a straight line from the geometric center of the MTC Entrance to the geometric center of the nearest School Entrance or nearest entrance to such other institution or facility, unless there is an Impassable Barrier, as defined by 935 CMR 501.002, within those 500 feet, in which case the distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the MTC Entrance to the geometric center of the nearest School Entrance or nearest entrance to any religious institution/place of religious assembly, day-care center, preschool or afterschool facility or any facility in which children commonly congregate.  In no case shall an MTC directly abut another MTC or any medical marijuana use.”  The motion for amendment was approved.  Agenda Item 2022-159, as amended was approved. 

Agenda Item 2023-047 Appointments to a Board/Committee/Commission: Disability Commission: Christopher Bartley, as a regular member to a term expiring  06/30/2024; Housing Committee: Evan Gaudette, as a regular member to a term expiring 06/30/2024; Youth Commission: Madeleine Boyle, as a student member, to a term expiring 06/30/2023; Eric Arabadzhiev as a student member to a term expiring 06/30/2023 was approved.  Chief Matthew Sonnabend presented the rationale for Agenda Item 2023-048 Supplemental Appropriation Order for the Barnstable Police Department Fiscal Year 2023 Operating Expense Budget in the amount of $142,896 for the purpose of funding the costs associated with the hiring of eight (8) patrol officers to fill current vacancies which was approved.

Community Preservation Committee Chair Lindsey Counsell, joined by Barnstable Land Trust Executive Director Janet Milkman, presented the rationale for Agenda Item 2023-049 Appropriation Order in the amount of $150,000 in Community Preservation Funds for the purpose of acquiring a Conservation Restriction on 2.3 acres of open space located at 242 Commerce Road, Barnstable, MA shown as a portion on Assessors Map 318, Parcel 025/001 which was approved.

Finance Director Mark Milne, joined by Director of Assessing Lane Partridge, presented Agenda Items 2023-050
Allocation of Tax Levy Fiscal Year 2023 – Residential Exemption and 2023-051 Allocation of Tax Levy Fiscal Year 2023 – Tax Factor which were approved. 

Assistant DPW Director Steen, joined by Water Pollution Control Facility Supervisor Andrew Boule and Finance Director Milne, presented Agenda Item 2023-052 Appropriation and Loan Order in the amount of $2,850,000 for the purpose of funding design and permitting of the Water Pollution Control Facility Headworks Improvement Project which was approved. 

NEW BUSINESS began with Senior Counsel Charles McLaughlin presenting Agenda Item 2023-057 A resolution that the Town Council petition the County Commissioners of Barnstable County to formally discontinue a section of county highway, namely, Bearse’s Way from Massachusetts Route 132, a/k/a Iyannough Road to Stevens Street which was approved. 

Agenda Item 2023-058 Appropriation Order in the amount of $45,000 for the Golf Enterprise Fund for the purpose of funding the acquisition of a utility tractor for the Golf Maintenance Operations was referred to a Public Hearing on December 1, 2022. 

Director Jenkins returned to present the rationale for Agenda Items 2023-059 Authorization to expend a Fiscal Year 2023 Housing Choice Grant in the amount of $75,000 from the Commonwealth of Massachusetts, Department of Housing and Community Development for the Great Streets Downtown Hyannis Project and 2023-060 Authorization to expend a Fiscal Year 2023 Community Planning Grant in the amount of $75,000 from the Commonwealth of Massachusetts, Department of Housing and Community Development for the development of a Barnstable Adult Community Center Master Plan which were approved.

Agenda Item 2023-061 Appropriation Order in the amount of $3,811,500 for the Fiscal Year 2023 Airport Enterprise Fund Operating Expense Budget for the purpose of purchasing Aviation Jet Fuel for resale was referred to a Public Hearing on December 1, 2022. 

Director of Asset Management David Anthony presented the rationale for Agenda Item 2023-062 Approval of the change in purpose of the property located at 164 Route 149, Marstons Mills, as shown on Assessors’ Map 078, Parcel 074.

Planning & Development Director Jenkins added more rationale. Town Attorney Karen Nober and staff attorneys McLaughlin and Kate Connolly provided staff support.  The item was approved.

The next regularly scheduled Town Council Meeting will be held on Thursday, December 1, 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).