The November 3, 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 inviting Town Clerk Ann Quirk to take the Roll Call. Town Councilor Jennifer Cullum led the Pledge of Allegiance.  President Levesque offered a Moment of Silence for Ukraine and the world.  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 October 21-November 3, 2022:

  1. Elizabeth Jenkins, Director of Planning and Development, shall provide an update on the Local Comprehensive Plan.  Director Jenkins’ PowerPoint presentation can be viewed here.
  2. We are proceeding with the Budget Action Calendar for FY 2024. A public hearing on 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 will be held on November 15, 2022 at 11 a.m. The hearing can be viewed on Barnstable’s Channel 18 as well as the live stream on the Town of Barnstable’s website. Those wishing to provide public comment may do so by accessing the meeting via the Zoom link http://townofbarnstable-us.zoom.us/j/88018996199 or telephone number 888-475- 4499.  Information regarding the proposed changes will be 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.
  3. 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 St., Hyannis, MA. on December 5, 2022 at 6:00 p.m. 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.gov

314 CMR 21.00: Watershed Permit Regulations | Mass.gov  We will keep you advised as these important regulatory revisions progress.

  1. 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 US Bureau of Ocean Energy Management documents that identified their proposed project including landing and cable route locations.  I continue to have general discussions with Commonwealth Wind (Phase 3) project representatives but have not commenced negotiations of a Host Community Agreement and shall not do so until authorized by Town Council.  The most recent discussion focused on Commonwealth Wind’s request to conduct soil borings along the project route including at Dowses Beach, and that they are proceeding with a 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.

https://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.

  1. The Planning & Development Department, in cooperation with the Department of Public Works, has recently commenced the project: Great Streets Downtown Hyannis: A Walkable Heart for Cape Cod. Once complete in late spring 2023, this project will ultimately result in a buildable plan for how Hyannis Main Street and nearby streets and intersections could be re-designed in the near future. The project intends to achieve several goals relating to the improvement of traffic-related challenges, increasing opportunities for biking, walking and transit, and better facilitating street vitality downtown.  We would like to invite the public to the kickoff presentation and public open house on Tuesday, November 15th from 7:00 to 9:00 PM at Town Hall.   This event will kick off with a formal presentation by Walkable City author Jeff Speck and the consultant team (Stantec) to introduce the project to the community. The presentation will be followed by an open house where data will be shared and public input will be gathered.

  2. Mark Milne, Director of Finance, shall provide us with a presentation on the Allocation of the Tax Levy – Adoption of a Residential Exemption and Residential Factor.  Director Milne’s PowerPoint presentation can be viewed here.

Next was a Cape Light Compact Update on 2022-2023 Winter Energy Pricing presentation with Mariel Marchand, Power Supply Planner, and Briana Kane, Residential and Commercial & Industrial Program Manager. Their PowerPoint presentation can be viewed here.

David Anthony, Director of Asset & Risk Management, presented an Asset Management Update with emphasis on upcoming property disposal.     Director Anthony’s presentation can be viewed here. 

The Council voted to approve the Public Session Minutes of October 20, 2022. Next was Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.

President Levesque began OLD BUSINESS stating that because four Councilors are recused from Agenda Item 2022-144 (Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by repealing the Zoning Districts known as the “Hyannis Village Zoning Districts” and replacing them with revised and updated districts collectively known as the “Downtown Hyannis Zoning Districts”) and another Councilor is absent, a quorum is not present for that item.  And because Agenda Item 2022-145 (Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article VII Sign Regulations to amend regulations to be consistent with proposed new district regulations) and Agenda Item 2022-146 (Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by moving and renumbering section 240-122.1 Registered Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories into a new overlay Zoning District and repealing sections 240-129 and 240-129.1 expired temporary moratorium for Marijuana uses) are related to that item, Agenda Items 2022-144, 2022-145 and 2022-146 were opened and continued to individual public hearings to be held on each item at the Town Council meeting on December 1, 2022. 

Planning & Development Director Jenkins on behalf of Dennis and Deborah Mason presented Agenda Item 2023-046 Authorization of a Housing Development Incentive Program Tax Increment Exemption Agreement Between the Town of Barnstable and Seashore Homes, Inc. for 8 New Market Rate Residential Units Located at 63 Main Street, Hyannis MA which was approved.

NEW BUSINESS began with a first reading for 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. It was referred to a Second Reading on November 17, 2022.

Agenda Items 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;

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;

2023-050 Allocation of Tax Levy Fiscal Year 2023 – Residential Exemption;

2023-051 Allocation of Tax Levy Fiscal Year 2023 – Tax Factor; and 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 were referred to Public Hearings on November 17, 2022. 

Department of Public Works Director Dan Santos was joined by Assessing Director Lane Partridge in presenting Agenda Item 2023-053 Transfer Order in the amount of $34,500 from the Department of Public Works Fiscal Year 2023 General Fund Personnel Budget to the Department of Public Works General Fund Operating Capital Budget for the purpose of acquiring and installing new furniture and partitions in the own Assessing Office which was approved.

Town Manager Ells presented Agenda Item 2023-054 Resolve authorizing the Town Manager to commence negotiations with Commonwealth Wind LLC for a new host community agreement which was approved. 

Senior Counsel Charles McLaughlin presented Agenda Item 2023-055 A resolution that the Town Council Petition the County Commissioners of Barnstable County to formally discontinue a section of county highway, namely, Mother’s Park Road, as described in the Commissioners’ January 9, 1912 Taking No. 642 of Phinney’s Lane and North Main Street and Mother’s Park Road in Barnstable which was approved. 

Planning & Development Director Jenkins returned to present Agenda Item 2023-056 Transfer Order in the amount of $19,000 for the Planning and Development Department Fiscal Year 2023 Operating Expense Budget for the purpose of funding the costs of print materials associated with outreach for the Local Comprehensive Plan which was approved. The next regularly scheduled Town Council Meeting will be held on Thursday, November 17, 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).