The October 10, 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. As Town Council President Felicia Penn and Town Council Vice President Craig Tamash were not present, Precinct 1 Town Councilor Gordon Starr chaired the meeting and called the meeting to order. Assistant Town Clerk Janet Murphy took the Roll Call.

 

Town Councilor Kristin Terkelsen introduced Jack Maher to lead the Pledge of Allegiance. In 1964 Jack earned a commission as a 2nd Lieutenant in Air Force after four years of Air Force ROTC training at Holy Cross College. Upon graduation he entered Undergraduate Pilot Training in the second T-38 class. A year later he graduated as a fighter pilot. He attended Advance Survival training in Nevada, Nuclear Weapons School in Ft. Worth and B-52 Combat Crew Training School in central California. Having requested a California assignment preference he was assigned to the 23rd Bomb Squadron at Travis Air Force base in northern California.  The 23rd Bomb Squadron flew the B-52 bomber, known to crews as the “Buff” (Big Ugly Fat Fella). The Buff, was a very honest airplane. Flew like a truck without power steering. Max weight 488,000. Payload was 70,000 pounds and it carried 312,000 pounds of fuel.  It could take up to 35 minutes of flying to receive a maximum fuel load, while attached to a tanker aircraft during in air refueling. Maximum altitude for in air refueling was 29,000 feet in up to moderate turbulence. Aborting an aerial refueling was often not an option. Non-refueled range was 8,800 nautical miles.  We operated from 50,000 feet (uncomfortable), to a theoretical low altitude attack floor of 750 feet at 425 miles per hour (Fun). We practiced that flying on radar with nuclear protective thermal curtains up for nuclear flash blindness protection. Once a year we flew a mission wearing an eye patch on one eye. A still valid WW II protective measure that really compromised depth perception. The B-52 still has a nuclear deterrence role against China, Russia and any other bad actors who are a threat to America. It presently can carry 32 long range cruise missiles and four internal nuclear weapons. The “iron bombing” mission is a second defensive option for our national defense. The B-52 will likely end up being a 100 year old airplane in our inventory. The original Strategic Air Command motto of “Peace is our Profession” is still proudly upheld by current crew members. Jack spent three months in early 1969 flying combat sorties in South Eastern Asia from Kadena AFB, Okinawa.  Jack then flew for 32 years at Delta Airlines retiring as a Boeing 777 International Line Check Captain. It is my honor to present Jack Maher to lead us in the Pledge of Allegiance.

 

Councilor Starr offered a Moment of Silence.

 

Town Councilor Charles Bloom offered a Service Dog Proclamation that was supposed to be presented last month as  September was National Service Dog Month. Joining Councilor Bloom at the podium were representatives from Canine Companions including Nadine, Dawn O’Loughlin with her service dog Irving and Heather Hillary with her service dog Addy.

 

Next was Public Comment.

 

Council Response to Public Comment followed. Councilor Clark invited DPW Director Dan Santos to speak to a couple of items – easements, the West End Rotary in Hyannis, and sight lines – brought up in Public Comment.

 

Councilor Starr announced that Town Manager Communications for the period of September 18-October 8, 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. Registering to vote is at the Town Clerk’s office, 367 Main Street, and the In-Person Early Voting is at 200 Main Street.

General (Presidential) Election

Last day to register to vote is Saturday, October 26, 2024  8:30 AM-5:00 PM
367 Main Street, Hyannis

 

Last day to apply for an Absentee or Early Vote Ballot BY MAIL before the General (Presidential) Election is Tuesday, October 29, 2024  5:00 PM

 

Last Day to apply IN PERSON for an Absentee Ballot before the General Election is on   Monday, November 4, 2024 closes at 12:00 PM at 367 Main Street, Hyannis

 

Vote Early in Person
Early Voting in person will be available for the 2024 elections.
An application is not required to vote early in person…just show up and vote!

Presidential Election Early Voting In-Person
Period:                 October 19th – November 1st
Location:             200 Main Street, Hyannis, MA 02601

Day Date                  Hours 
Saturday       10/19       8:00 AM – 12:00 PM
Sunday       10/20       8:00 AM – 12:00 PM
Monday       10/21       8:30 AM – 4:30 PM
Tuesday       10/22       8:30 AM – 4:30 PM
Wednesday       10/23       8:30 AM – 4:30 PM
Thursday       10/24       8:30 AM – 4:30 PM
Friday       10/25       8:30 AM – 4:30 PM
Saturday       10/26       8:00 AM – 12:00 PM
Sunday       10/27       8:00 AM – 12:00 PM
Monday       10/28       8:30 AM – 4:30 PM
Tuesday       10/29       8:30 AM – 4:30 PM
Wednesday       10/30       8:30 AM – 4:30 PM
Thursday       10/31       8:30 AM – 4:30 PM
Friday       11/1       8:30 AM – 4:30 PM

 

  1. An updated budget calendar for the Fiscal Year 2026 Operating Budget and Capital Improvements Plan. We have begun our Capital and Operating Budget preparation with budget instruction scheduled issued to staff in September.  Town Council is scheduled to conduct a joint meeting with the School Committee on October 24, 2024 in accordance with the Town Charter to review financial conditions and financial policies of the Town.
  2. In order to set the Town’s FY25 tax rate, we are expecting to bring forward the fiscal year 2025 tax classification votes at the November 21st Town Council meeting. A presentation on the impacts of the various tax classification options is expected to be presented to the Town Council at the November 7th meeting to provide Councilors time to review the options before the votes take place on November 21st.  The FY25 proposed assessed values are currently under development and we expect to submit them to the State for their review before the end of this month. The State must approve the values before the Town Council can vote on the 21st of November. We are expecting the State to issue their approval in time for the Council to act.
  3. In accordance with M.G.L. Chapter 44, §31D I have authorization the Department of Public Works to deficit spend for snow and ice removal in Fiscal Year 2025. Past years’ snow and ice removal costs have totaled the following:

FY 2024                $138,473
FY 2023                $0
FY 2022                $1,909,821
FY 2021                $1,306,955
FY 2020                $432,077
FY 2019                $1,075,144
FY 2018                $1,896,720
FY 2017                $2,056,214
FY 2016                $2,100,049
FY 2015                $3,201,786.

The budget for snow and ice removal in Fiscal Year 2025 is $975,000; the same amount budgeted in Fiscal Year 2024.

  1. On September 10, 2024, I sent two letters regarding the recent Vineyard Wind turbine blade failure. One letter was sent to the Bureau of Ocean Energy Management (BOEM) expressing concern about the impacts of the turbine failure on the marine environment and the lack of information provided to date on the impacts by regulatory agencies overseeing the project (attached).  The other letter was sent to the Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA) asking questions regarding many areas of concerns including state jurisdiction on the matter to public safety risk on our beaches.  On September 25, 2024, I met with the Chief of Staff, Coastal Zone Management Director, Assistant Secretary for Government Affairs for the Executive Office of Energy and Environmental Affairs, and the Department of Environmental Protection Commissioner.  We discussed my letter referenced above and more broadly future efforts regarding offshore wind that may affect Barnstable and Cape Cod.  We agreed to continue communication and coordination on both the recent incident and more broadly offshore wind projects.  I am also coordinating a future meeting with the Chief of Staff from the Executive Office of Energy and Environment and the Energy Facilities Siting Board.  I will keep you advised as this matter progresses.
  2. On September 26, 2024, Town Council Vice President Craig Tamash and Director of Public Works Dan Santos and I met with representatives from Avangrid (Ken Kimmell and Pat Johnson). The meeting was requested by Avangrid and was an update on the Vineyard Wind blade failure incident and the Connector 1 project (Park City Wind).  Avangrid requested that we commence monthly meetings with Town Council leadership and Town staff so they can provide updates as they progress with their offshore wind projects.  We do not have a subsequent meeting scheduled at this time and we will keep you advise as this matter progresses.
  3. As reported in my last Town Manager communication, I serve on the Cape & Islands Bridges Coalition (CIBC). The CIBC held its 2nd quarterly meeting on September 10, 2024.  The Cape Cod Chamber of Commerce provided a summary of its efforts which included updates on federal, state, and local engagement, current timelines, estimated cost and funding for bridge replacement. Cape Cod Commission staff provided an economic impact of the canal bridges projects. The Massachusetts Director of Federal Funds & Infrastructure Quentin Palfrey was the guest speaker for this meeting. Quentin and his team have been instrumental in securing crucial federal funds toward construction of the Sagamore and Bourne Bridges and provided an update on their most recent federal funding requests. I will keep you advised as this important effort continues.
  4. Kate Maldonado, Senior Planner of Planning and Development, provided the following update on the Local Comprehensive Plan.
    The Local Comprehensive Planning Committee (LCPC) is conducting an exercise to update the Town’s Future Land Use Map with proposed land use study areas that will guide Barnstable’s future over the next 10 years. The Committee is seeking feedback regarding the proposed land use study areas: should any of the study areas be amended, are there additional study areas that should be identified? The public comment period for the Draft Future Land Use Map is open through close of business Wednesday, October 23rd.

The Draft Future Land Use Map is accessible for review from the Town’s Local Comprehensive Plan website BarnstableLCP.com via the “Future Land Use Map” tab. The webpage includes an image of the map with the proposed study areas and provides access to an interactive version of the map with the ability to submit comments live on the map.

Comments can be submitted online via the interactive map, by email to BarnstableLCP@town.barnstable.ma.us or dropped off in person or via mail to: Planning & Development, 367 Main Street, Hyannis, MA 02601. Hard copies of the Draft Future Land Use Map are accessible at each of the Town’s libraries and the Barnstable Adult Community Center.

If you have any questions regarding this project, please contact Kate Maldonado, Senior Planner, by email at Kaitlyn.maldonado@town.barnstable.ma.us or by phone at 508-862-4791. To stay up to date on upcoming meetings and events, and to learn more about how to get involved, please visit BarnstableLCP.com.

 

Councilors asked questions of Mr. Ells relative to the Budget Calendar, the meeting with Avangrid and the meeting with State representatives following their receipt of Mr. Ells’ letters.

 

The Council voted to approve Public Session Minutes:  September 5, 2024.

 

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

 

Joint Base Cape Cod (JBCC) Joint Oversight Group brief to Town of Barnstable

Brig. Gen. (RET) Chris Faux: JBCC Executive Director

Col. Nikki Ivers: 102d IW Commander

Lt. Col. Bryan Becker: US Space Force 6SWS Commander

Capt. Michael Lachowicz: CG ASCC CO

Commander Sara Graham: CG BCC CO

Major Alex McDonough: Camp Edwards Base Deputy Operations Manager

The PowerPoint presentation may be viewed here.

 

Presentation by the Massachusetts Institute of Technology (MIT) Department of Urban Studies and Planning (DUSP) Renewable Energy Clinic

Teaching Team: Jungwoo Chun, Sanjana Paul, Web Farabow, Colin Larsen

Student Team: Archer Thomas, Ariel Higuchi, Aruni Ranaweera, Iman Aziz, Teresa He

 

Next was Communications from elected officials. Town Councilor Kris Clark recognized long-time volunteers Ann Canedy, a past Town Councilor who recently resigned from the Open Space Committee and the Sandy Neck Board, and Stuart Rapp who stepped down last month as the long-time chair of the Shellfish Committee. The Town of Barnstable recognizes Ann Canedy for her dedicated contribution to the Open Space community in our Town.  Last month, Ann stepped down as chair of the Open Space Committee and has resigned from the Committee after serving to create and lead this committee for years. During her years as Town Councilor, Ann spearheaded the creation of the Land Acquisition and Preservation Committee in 2005, doing so to support open space preservation and targeted land acquisitions after the Land Bank was sun-setted and the Community Preservation Act was adopted.  Then, after Ann termed out after serving as Councilor for 12 years, she was appointed to the Land Acquisition and Preservation Committee in 2016 and served as chair.  Ann had also served on the Sandy Neck Board as well. We appreciate Ann’s decades of volunteer service to preserve and promote the treasured open spaces of the Town of Barnstable.

 

Also, I’d also like to recognize Stuart Rapp of Cotuit for his decades serving as the chair of the Shellfish Committee.  Appointed to the Shellfish Task Force in 1991, Stuart served as chair of that committee and then onto serving as chair of the Shellfish Committee for 33 years, stepping down as chair last month.  As a life-long recreational shellfisher, he contributed to the management and conservation of our shellfisheries, recreational and commercial as Barnstable has grown to be the top producer of farmed oysters and second highest producer of farmed quahogs in the Commonwealth.  Our recreational shellfishery has also grown over the years elevating Barnstable’s standing in the shellfishing community.

 

The Open Space Committee’s Walking Weekend is this weekend. You can view the brochure here.

 

Orders of the Day.

 

OLD BUSINESS

AGENDA ITEM 2025-017 Designation of the Hyannis District Improvement Financing Development District to be located in Downtown Hyannis and approval and adoption of the Development Program.

Due to the need for a recusal that would result in a lack of a quorum for this item, and which would not allow for any discussion or vote under the Open Meeting Law, this item was continued to the Council’s next scheduled meeting on October 24, 2024.

 

AGENDA ITEM 2025-022 Order amending the General Ordinances of the Code of the Town of Barnstable, Chapter 220 Town Council, Article I, Section 220-4.

Presented by Town Attorney Karen Nober. The item was approved.


AGENDA ITEM 2025-025 Appropriation order in the amount of $75,000 for the purpose of Alum Treatment for Mystic Lake.

Presented by Amber Unruh, DPW Special Projects Manager.  The item was approved.


AGENDA ITEM 2025-026 Order amending Article II, Sewer Assessments, Chapter 184 Sewers and Water of the General Ordinances of the Code of the Town of Barnstable.

Presented by Town Attorney Karen Nober. The item was approved.

 

AGENDA ITEM 2025-027 Appropriation and Loan Order in the amount of $3,826,327 and authorization to contract for and expend a grant in the amount of $2,833,849 from the Commonwealth’s Executive Office of Energy and Environmental Affairs for the Sandy Neck Beach Facility Coastal Resiliency Project.

Presented by Nina Coleman, Sandy Neck Beach Park Manager and Director of Natural Resources, and Sandy Neck Board Chair Tom O’Neil. Director Coleman was joined by Marine & Environmental Affairs Director Derek Lawson and DPW Special Projects Manager Amber Unruh.  The PowerPoint presentation may be viewed here.

As four Councilors were missing, Councilor Clark moved to postpone further consideration and continue the public hearing on Item 2025-027 to the Council’s next scheduled meeting on October 24, 2024. The motion was approved.


AGENDA ITEM 2025-028 Order authorizing the taking of road easements by eminent domain for sewer and water purposes over certain private roads known as: Beechwood Road, Cottonwood Lane, Sail-A-Way, Millstone Way, Tellegen Trail, and Whidah Way in Centerville; Sunny-Wood Drive, Centerboard Lane and Newspaper Road in Hyannis; Goose Point Road in Centerville and Hyannis; Marquand Drive in Marstons Mills; and Old East Osterville Road in Osterville.

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

 

NEW BUSINESS

CONSENT AGENDA:

Proposed Vote: To refer Items 2025-029, 2025-030, 2025-037 as written, to individual second readings, to be held on each item at the Town Council meeting on October 24, 2024.

The Consent Agenda was approved.

AGENDA ITEM 2025-029 Appointments to a Board/Committee/Commission: Licensing Authority: John Murphy, as an associate member to a term expiring 06/30/2027;

AGENDA ITEM 2025-030 Reappointments to a Board/Committee/Commission: Board of Health: Dan Luczkow, MD. as a regular member, to a term expiring 06/30/2027; Paul Canniff, as a regular member to a term expiring 06/30/2027; and

AGENDA ITEM 2025-037 Appointments to a Board/Committee/Commission: Airport Commission: Margarete Maillho, as a regular member to a term expiring 06/30/2027; Board of Health: Christine Beer, as a regular member to a term expiring 06/30/2027; Human Services Committee: Kevin Matthews, as a regular member to a term expiring 12/31/2026; Mid Cape Cultural Council: Beverly Parke, as a regular member to a term expiring 12/31/2026; Steamship Authority Port Council: Greg Egan, as a representative member from Barnstable to a term expiring 12/31/2025; Waterways Committee: Jacob Angelo, as a regular member to a term expiring 06/30/2025; Zoning Board of Appeals: Rodney Tavano, as an associate member to a term expiring 06/30/2027.

 

AGENDA ITEM 2025-031 Authorization to contract for and expend a Federal Fiscal Year 2024 Emergency Management Performance Grant in the amount of $15,500 from the Massachusetts Emergency Management Agency.

Presented by Barnstable Police Investigative Services Assistance and Police Grant Coordinator Lena Bevilacqua. The item was approved.

 

AGENDA ITEM 2025-032……. Appropriation Order in the amount of $33,000 in Community Preservation Historic Preservation Funds to the Historical Society of Santuit and Cotuit for Phase II of the Restoration and Preservation of the Dottridge Homestead Located at 1148 Main Street, Cotuit was referred to a Public Hearing on 10/24/2024.

 

AGENDA ITEM 2025-033 Determination under Section 19 of the state Conflict of Interest Law regarding participation in matters relating to a potential increase in the town’s percentage contribution to the health insurance costs of its retirees.

Presented by Town Attorney Karen Nober.  The item was approved.

 

AGENDA ITEM 2025-035 Appropriation Order in the amount of $80,000 for the Solid Waste Facility Landfill Infiltration Basin No. 1 Swale Repairs Project was referred to a Public Hearing on 10/24/2024.

 

AGENDA ITEM 2025-036 Authorization to contract for and expend a Fiscal Year 2025 Local Bottleneck Reduction Program Grant from the Massachusetts Department of Transportation in the amount of $500,000 for construction of intersection improvements in the village of Hyannis.

Presented by DPW Director Dan Santos and Planning & Development Director Jim Kupfer. The item was approved.

 

The next regularly scheduled Town Council Meeting will be held on Thursday, October 24, 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).