Town Council Meeting – Thursday, November 21, 2024

The November 21, 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 Vice President Craig Tamash chaired the meeting and called the meeting to order. Vice President Tamash announced that President Felicia Penn has joined via Zoom and that since there would be Councilors participating via Zoom all votes would be roll call votes. Assistant Town Clerk Janet Murphy took the Roll Call.

Town Councilor Kris Clark introduced Captain Sean P. O’Neil, USNR (Retired) and a resident of Hyannis Port to lead the Pledge of Allegiance. Captain O’Neil is a graduate of The College of the Holy Cross where he earned a bachelor’s degree in mathematics. After completing the Naval ROTC program, he was commissioned as an officer in the United States Navy. In 1977, he earned his aviation “wings of gold” at Naval Air Station Corpus Christi, Texas, graduating on the Commodore’s List with distinction. Captain O’Neil began his operational Navy career with Patrol Squadron 44, the “Golden Pelicans,” based in Brunswick, Maine. He flew the P-3C Orion aircraft, specializing in Anti-Submarine Warfare (ASW) during the Cold War. His work focused on detecting, tracking and countering Soviet fast attack and ballistic missile submarines. His deployments included Bermuda, Lajes (Azores), Keflavik (Iceland), Kadena (Japan) and Diego Garcia (BIOT). In 1981, Captain O’Neil was assigned to Washington, D.C., as the director of the Navy’s Aviation Selection Board. There, he managed the largest pilot recruitment effort since the Vietnam War. Afterward, he transitioned to the Navy Reserve and pursued further education at Harvard Business School, earning an MBA with honors. While attending graduate school, Captain O’Neil joined reserve Patrol Squadron 92 (VP-92) at Naval Air Station, South Weymouth, Massachusetts. Over his 15 years with VP-92, he helped expand the P-3 Orion’s mission from anti-submarine operations to include anti-surface and overland missions. In 1995, he was selected as Commanding Officer of the squadron. In 1997, he piloted the last flight from NAS South Weymouth, marking its closure after 55 years. Following this role, Captain O’Neil was assigned to major command as the commanding officer of Battle Group Staff 2 in Norfolk, Virginia. This command included the aircraft carrier USS George Washington (CVN-72), along with seven supporting surface ships and submarines. During his tour, the unit pioneered the adoption of the Area Air Defense Module, a state-of-the-art battle space planning tool for warfare commanders. This technology is now widely used globally, particularly in the Middle East, protecting naval forces from missile attacks. A retired financial services executive, Captain O’Neil resides in Hyannis Port with his wife Cathy. They are blessed with four children and eight grandchildren who visit most of the summer. Two of their sons are Naval Aviators. The oldest is a retired P-3 pilot, and the second son remains on active duty flying the F-18 super hornet off the carrier Carl Vinson (CVN) and has been selected to command VFA-192.

Councilor Gordon Starr joined the meeting via Zoom.

Vice President Tamash asked all to remain standing for a Moment of Silence.

Vice President Tamash made a few announcements:

  1. The Town Council meetings in December will be on December 5th and December 12th. There will not be a December 19th
  2. The timeframe for the Town Council Ad Hoc Committees has been extended until March 31, 2025.
  3. The Chairs (or designees) of the Town Council Ad Hoc Committees will provide an update of their work at the at tonight’s Town Council meeting.
  4. Those Town Council Ad Hoc Committees who have not yet started to meet will have nine months to accomplish their tasks.

Next was Public Comment.

Council Response to Public Comment followed.

Vice President Tamash announced that Town Manager Communications for the period of November 6-19, 2024 had been pre-recorded by Town Manager Mark Ells 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 continue with the preparation of the Capital and Operating Budget for FY 2026.  FY 2026 budget development is on schedule and following the budget action calendar.  For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  2. The Finance Department presented the FY 2025 tax levy shifting options in a prerecorded presentation available for viewing on the Town webpage and at the November 7, 2024, Town Council meeting.  The objective of the presentation is to illustrate the impact on tax bills when deciding on a minimum residential factor, commonly referred to as splitting the tax rate, and the adoption of a residential exemption. Property values have been approved by the DOR allowing the Town Council to vote on these two options.  We plan to include these two votes on the December 5th agenda for Town Council action.
  3. A public hearing on changes to various Town of Barnstable permit and program fees for the Community Services Department’s Golf and Hyannis Youth and Community Center Programs; Marine and Environmental Affairs Department’s Marina, Sandy Neck Beach and Recreational Shellfish Programs; and the Planning & Development Department’s Parking Management Program that take effect on January 1, 2025 was held on November 12, 2024 at 11:00 a.m.  The hearing can be viewed on Video on Demand: https://streaming85.townofbarnstable.us/CablecastPublicSite/show/11390?site=1. Those wishing to provide public comment may do so through December 11, 2024.  All comments will be taken under advisement and calendar year rates will be approved as proposed, approved for an amount less than the proposed rate or not approved and remain at current rates.
  4. The Town of Barnstable issued a notice of funding availability for Opioid Abatement Funds. The timing of the notice was designed so that interested organizations could apply for a matching grant from the RIZE Massachusetts Foundation (RIZE).  RIZE Massachusetts is an independent nonprofit foundation working to end the opioid epidemic in Massachusetts and reduce its devastating impact on people, community, and the economy.  The Commonwealth of Massachusetts has selected RIZE to create and manage the Mosaic Opioid Recovery Partnership (Mosaic). Mosaic is funded by the State’s Opioid Recovery and Remediation Fund which is the fund created from settlements.  Five applications were received and reviewed by a five-person committee. A budget of $200,000 was targeted for this first round of applications. Four out of the five applications were recommended for funding at $50,000 each. Each organization awarded a grant from the town indicated that they will be applying for a matching grant from RIZE.  The four awards were provided to:
  • AIDS Support Group of Cape Cod to support their Overdose Awareness, Prevention and NARCAN Response Outreach Program, aimed at harm reduction services.
  • Behavioral Health Innovators, Inc. to support their Positive Alternatives for Student Support and Alternative Peer Group programs, aimed at education and prevention services.
  • Hopeful Outreach of Cape Cod to support their Empowering Recovery Program, aimed at recovery services.
  • Parents Supporting Parents, Inc. to support their Sober Living Scholarship Program and Support, aimed at prevention, treatment, and recovery services.

All the programs and services proposed by award recipients demonstrated compliance with the required use of the opioid abatement funds which are to be used for substance use prevention, harm reduction, treatment and recovery support.

  1. On June 25, 2024, pursuant to the Town Council’s vote in executive session, the Town executed a Side Agreement with Park City Wind (PCW) as well as an Escrow Agreement, under which the Escrow Agent would hold the two (2) easements (the one under the roads and the Craigville beach easement) from the Town until PCW satisfied certain conditions.  The Escrow Agreement contained the following Escrow Release Conditions:

(i) PCW has provided Escrow Agent with notice that the Side Agreement has been ratified and approved by the Board of Managers of Avangrid Renewables, LLC;

(ii) PCW has provided Escrow Agent with notice (together with supporting evidence) that the guaranty of Avangrid Renewables, LLC described in paragraph 7 of the Side Agreement has been executed and delivered to the Town; and

(iii) PCW has provided Escrow Agent with notice and with supporting evidence (with copies provided to the Town) that PCW has successfully received a bid award for the Second Project from the ongoing individual and/or multi-state procurement process. Such evidence may consist of a public announcement from one or more of the three state governments.

On October 1, the Town received notice of PCW’s selection in the individual and multi-state procurements.  On November 8, the Town received notice that the Side Agreement has been ratified and approved by Avangrid Renewables’ Board of Managers and that the corporate guaranty referenced in the Side Agreement has been executed, along with a copy of the signed guaranty.  These notices and the signed guaranty have been posted on the Town website.  These notices were also provided to the Escrow Agent by PCW.  PCW provided these notices to show that the three Escrow Release Conditions have been satisfied and, with that, the Escrow Agent is now required to close the escrow and release the two easements to PCW.

In accordance with the process set forth in the Escrow Agreement, on November 13, 2024, the Town received the release notice from the Escrow Agent stating that the Escrow Agent has determined that the Escrow Release Conditions in the Escrow Agreement have been satisfied.  Under the Escrow Agreement, PCW and the Town are each required to respond to the Escrow Agent within 5 business days to confirm that they are in agreement with the Escrow Agent’s determination or to say that they disagree.  PCW sent its response on November 14th and the Town sent its response on November 18th, both confirming their agreement that the Escrow Release Conditions had been satisfied. The Escrow Agent is now authorized to release the easements to PCW, who will then promptly record them at the Registry of Deeds.

  1. The Barnstable Youth Commission is hosting their 11th Annual Community Substance Abuse Prevention Forum on Tuesday, December 3rd at the Barnstable Adult Community Center from 5:30-7:30pm. This year’s speaker Kevin Rosario will be teaching parents how to effectively communicate with their children. The Barnstable Police Department will have their “Hidden in Plain Sight” mobile mock bedroom available and will discuss vaping and tobacco use.  They will also discuss which drugs and alcohol are most prevalent and ways to identity their use and concealment.
  2. Chris Gadd, Communications Assistant for the Department of Public Works, will provide an update on Water Resource Management Planning including the Comprehensive Water Management Plan.

The Council voted to Act on Public Session Minutes:  November 7, 2024.

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

Vice President Tamash read a letter of thanks from Michael Mecenas regarding the support the Brazilian Resource Center has received after last week’s tragic fire.

Orders of the Day.

OLD BUSINESS

AGENDA ITEM 2025-038 Appropriation Order in the amount of $65,381 for the Barnstable Police Department Fiscal Year 2025 Operating Expense Budget for the purpose of funding the costs associated with the hiring of 5 patrol officers.
Presented by Barnstable Police Chief Jean Challies. This item had a Public Hearing. The item was approved.

 

AGENDA ITEM 2025-046 Appointments to a Board/Committee/Commission: Comprehensive Financial Advisory Committee: Chris King, as a regular member to a term expiring 06/30/2026; Housing Committee: Chris Beach, as a regular member to a term expiring 06/30/2025; Mid Cape Cultural Council: Rachel Jones, as a regular member to a term expiring 12/31/2026; Shellfish Committee: Timothy Hamel, as a commercial permitted member to a term expiring 06/30/2026; Zoning Board of Appeals: Natalie Pittinger, as an associate member to a term expiring 06/30/2026.

Presented by Town Councilor Kristin Terkelsen. The item was approved.

 

AGENDA ITEM 2025-047 Vote on the merits of a Citizens’ Petition requesting that the Town Council vote to revoke and rescind the action taken in Executive Session on June 13, 2024, approving the terms and execution of a certain “side agreement.”

Presented by Petition Proponent Attorney Edward Kirk. Town Attorney Karen Nober explained that the vote is on the merits of the citizens’ petition. This item had a Public Hearing. The vote was 6-6 and did not pass.

 

NEW BUSINESS

AGENDA ITEM 2025-048 Appointments to a Board/Committee/Commission: Registrar of Voters: Thomas Chartrand, 320 Stevens St, Hyannis, MA 02601 was referred to a Second Reading on 12/05/2024.

 

AGENDA ITEM 2025-049 Fiscal Year 2025 spending limitation for Asset Management Revolving Fund.

Presented by Finance Director Mark Milne. Town Manager Mark Ells and Director of Asset Management David Anthony were on hand to answer questions. Councilor Paula Schnepp made a motion to postpone the item to the 12/12/2024 meeting was approved.

 

AGENDA ITEM 2025-050 Allocation of Tax Levy Fiscal Year 2025 – Tax Factor was referred to a Public Hearing on 12/05/2024.

 

AGENDA ITEM 2025-051 Allocation of Tax Levy Fiscal Year 2025 – Residential Exemption was referred to a Second Reading on 12/05/2024.

 

AGENDA ITEM 2025-052 Authorization to contract for and expend a Fiscal Year 2025 Cultural District Grant in the amount of $15,000 from the Massachusetts Cultural Council’s Cultural District Investment Grant Program for the Hyannis HyArts Cultural District.

Presented by Planning & Development Director Jim Kupfer. The item was approved.

 

AGENDA ITEM 2025-053 Authorization to contract for and expend a Fiscal Year 2025 Cultural District Investment Grant in the amount of $15,000 from the Massachusetts Cultural Council’s Cultural District Investment Grant Program for the Barnstable Village Cultural District.

Presented by Planning & Development Director Jim Kupfer. The item was approved.

 

The AGENDA ITEMS 2025-054, 2025-055 and 2025-056 were referred to individual second readings on 12/05/2024:

AGENDA ITEM 2025-054 Authorization of a Housing Development Incentive Program Tax Increment Exemption Agreement between the Town of Barnstable and Crocker Street Holding, LLC for eight (8) new Market Rate Residential Rental Units located at located at 24 and 30 Crocker Street, Hyannis;

AGENDA ITEM 2025-055 Authorization of a Housing Development Incentive Program Tax Increment Exemption Agreement between the Town of Barnstable and Spartan Cleaners Realty, LLC for 41 new Market Rate Residential Rental Units located at located at 242 Barnstable Road, Hyannis; and

AGENDA ITEM 2025-056 Authorization of a Housing Development Incentive Program Tax Increment Exemption Agreement between the Town of Barnstable and Hyannis Harbor, LLC for 85 new Market Rate Residential Rental Units located at located at 201 Main Street, Hyannis.

 

AGENDA ITEM 2025-057 Resolve that the Town petition the County Commissioners of Barnstable County to formally discontinue two sections of county highway that together comprise a portion of Osterville-West Barnstable Road in Marstons Mills and Osterville village extending from just north of the Flint Street intersection southerly to South County Road.

Presented by First Assistant Town Attorney Tom LaRosa. The item was approved.

 

AGENDA ITEM 2025-058 Resolve that the Town petition the County Commissioners of Barnstable County to formally discontinue two sections of county highway that together comprise the entire length of Bumps River Road and a portion of Park Avenue, including at its the intersection with Old Stage Road and Main Street, in Marstons Mills, Osterville and Centerville Villages.

Presented by First Assistant Town Attorney Tom LaRosa. The item was approved.

Town Councilor Matthew Levesque recused himself from the meeting.

Vice President Tamash made a motion to go into Executive Session pursuant to G.L. c. 30A, sec. 21(a)(6) to consider the purchase, exchange, lease or value of real property since a discussion in open session may have a detrimental effect on the negotiating position of the Town and Town Council.  Identifying the property in question would compromise the purpose for which the executive session is being held, and, therefore, that information is being withheld.  The Town Council will not return to public session after the executive session.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, December 5, 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).