Town Council Meeting – Thursday, October 19, 2023

The October 19, 2023 Meeting Including Joint Meeting with the School Committee 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 in High Definition on Xfinity Channel 1072 or live stream through the Town website. Town Council President Matthew Levesque called the meeting to order and Assistant Town Clerk Janet Murphy took the Roll Call. Next President Levesque led the Pledge of Allegiance and offered a Moment of Silence for the people who are in conflicts around the world in Ukraine, Israel, and Palestine and the innocent people who are losing their lives and how lucky we are to live here on Cape Cod.

Next was Public Comment which was followed by Council Response to Public Comment.

School Committee Meeting – Call to Order and Roll Call

Joint meeting of the Town Council and School Committee to review the financial condition of the town, revenue and expenditure forecasts and other relevant information in order to develop a coordinated budget. The PowerPoint presentation may be viewed here.

Adjournment of School Committee Meeting

President Levesque announced that Mr. Ells’ Town Manager Communications for the period of October 6-17, 2023 had been pre-recorded and was shown on our Government Access Channel prior to the meeting. The recorded version of Mr. Ells’ Town Manager Communications may be viewed here and the itemized list is shared below:

  1. The Town has received a citizens petition pursuant to Section 8-9 of the Town Charter requesting a meeting of the voters.  The citizen’s petition has identified 5 topics relating to the Park City Wind and Commonwealth Wind offshore wind projects, and those will be the topics discussed at the meeting.  Section 8-9.  Open Meeting of the Voters states that the town council may call meetings of the voters of the town.  Upon the request in writing of three hundred voters setting forth the specific purposes thereof, the town council shall call a meeting of the voters.  The president of the town council or other designee of the town council shall preside and regulate the proceedings of such meetings.  The president of the council shall cause the attendance of town officials and employees necessary to respond to the issues and concerns raised by petitioners.  Working collaboratively with the proponents of the petition, the Town Council President, Vice President and Town Manager have agreed to hold an in person meeting on Monday, October 23, 2023, from 6:00-9:00 pm at Barnstable High School.  The Town Council President is looking to identify a suitable moderator for the meeting and hopes to bring a recommendation to the Town Council for approval this Thursday.  In accordance with the Open Meeting Law, we will be posting the meeting as a Special Town Council Meeting/Open Meeting of the Voters.
  2. There are three separate wind power projects ongoing in the Town of Barnstable.  Each project is proceeding separately from the other.  The first is the Vineyard Wind project (landing at Covell’s Beach) that is in the final stages of construction and expected to be completed in the near future.  The second is the Park City Wind project (proposed landing at west end of Craigville Beach).  The Park City Wind project is in the later stages of permitting with the state Energy Facilities Siting Board and locally before the Barnstable Conservation Commission.  The Town has been informed that Park City Wind plans to terminate its Power Purchase Agreement with the intent of rebidding the purchase of power generated for the project.  As previously stated, the Town has taken the change in the status of the Power Purchase Agreement along with other substantial changes under advisement for legal review and appropriate action.  The third is the Commonwealth Wind project (proposed landing at Dowses Beach) that is in the mid stages of permitting and has terminated its Power Purchase Agreement resulting in the Town ceasing any Host Community Agreement negotiations. Further, the Town Council has revoked the Town Manager’s authorization to commence negotiations with Commonwealth Wind for a Host Community Agreement.  Commonwealth Wind did notify the Town Manager that they intend to continue permitting for the Project, and, therefore, the Town did submit comment on permitting relative to the Massachusetts Environmental Policy Act (MEPA) filing within which the Town states that the Town does not offer its support to the current project at this time.  The Secretary of Energy and Environmental Affairs did issue a Certification on October 10, 2023, that has been taken under review by town staff relative to the Draft Environmental Impact Report filed with MEPA.  We will keep you advised of our progress on this matter.
  1. We are proceeding with the budget action calendar for FY 2025. The action items in the budget calendar include the meetings of the Town Council and School Committee Joint Meeting to be held on October 19, 2023.  The Town Manager and School Superintendent have met and agreed to proceed with the 60/40 split as in years past for the proposed FY 2025 Operating Budget.  For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
  2. The Local Comprehensive Planning Committee recently kicked off Phase II of the Local Comprehensive Plan. Phase II of the Local Comprehensive Plan will include development of topic-specific and location-specific land use goals and a strategic Action Plan for achieving the community’s vision that will build on the Existing Conditions Plan and Vision Statement completed in Phase I.  The Town is looking to diversify representation on the Local Comprehensive Planning Committee to ensure that the Committee’s makeup is reflective of our community’s population. The application period closed Monday October 16th and the Town received fourteen applications.  To learn more about this important process and to stay up to date on meetings and community events please visit the project website: BarnstableLCP.com.
  3. Recently, I have received questions from the public on who to send questions to regarding ongoing matters in our community.  I would suggest that you send them to me at mark.ells@town.barnstable.ma.us or call my office at 508-862-4610.  My staff and I will direct you to the most appropriate Department to address the question or situation that you identify to us.  I am available to meet with our public individually, in small groups or large groups as needed so please do not hesitate to contact us.

Assistant Town Manager Andy Clyburn was asked to the podium to respond to Councilors’ questions regarding his Town Manager Communications.

The Council voted to approve Public Session Minutes:  October 5, 2023.

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

Katie Servis, Cape Cod Gateway Airport Manager provided an overview of  American Airlines adds Routes in 2024 at Cape Cod Gateway Airport.  The PowerPoint presentation may be viewed here.

President Levesque started the Orders of the Day.

OLD BUSINESS

AGENDA ITEM 2024-045 Appropriation Order in the amount of $9,800 for the redesign of the Hyannis Youth and Community Center website.

Presented by Community Services Director Christopher Gonnella. The item was approved.

 

AGENDA ITEM 2024-046. Appropriation and Transfer order in the amount of $3,500,000 from the General Fund Reserves to the Capital Trust Fund.

Presented by Finance Director Mark Milne. The item was approved

 

NEW BUSINESS

 

AGENDA ITEM 2024-049 Authorization to expend a grant in the amount of $8,190 from the Massachusetts Department of Environmental Protection for the purpose of enhancing the Town’s Waste Reduction Programs.

Presented by DPW Director Dan Santos. The item was approved.

 

AGENDA ITEM 2024-050…… Authorization to expend a Federal Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $33,316 from the U.S. Department of Justice. Vice President Jen Cullum said that it was nice to see Acting Chief Challies in her new role which received a round of applause.

Presented by Acting Police Chief Jean Challies. The item was approved.

 

AGENDA ITEM 2024-051 Resolve that the Town Council petition the County Commissioners of Barnstable County to

formally discontinue a section of County Highway at the intersection of Old Stage Road, Park Avenue, and Main Street in Centerville Village.

Presented by Senior Counsel Charles McLaughlin. The item was approved.

 

AGENDA ITEM 2024-052 Authorization to expend a Fiscal Year 2024 Coastal Resiliency Grant from the Commonwealth of Massachusetts Coastal Zone Management in the amount of $92,579 for the design and permitting of the Sandy Neck Beach Facility Coastal Resiliency Project.

Presented by DPW Director Dan Santos. The item was approved.

 

AGENDA ITEM 2024-053 Authorization of a Housing Development Incentive Program Tax Increment Exemption Agreement between the Town of Barnstable and Atlantic Apartments, LLC for 11 new Market Rate Residential Units located at located at 171 Main Street and 16 School Street, Hyannis was referred to a Second Reading on 11/02/2023.

 

AGENDA ITEM 2024-054 Authorization of a Housing Development Incentive Program Tax Increment Exemption Agreement between the Town of Barnstable and Dunrovin Too, LLC for 8 new Market Rate Residential Units located at located at 68 Yarmouth Road, Hyannis was referred to a Second Reading on 11/02/2023.

 

AGENDA ITEM 2024-055 Authorization of a Housing Development Incentive Program Tax Increment Exemption Agreement between the Town of Barnstable and CCR Holdings, LLC for 10 new Market Rate Residential Units located at 50 Yarmouth Road, Hyannis was referred to a Second Reading on 11/02/2023.

 

AGENDA ITEM 2024-056 Appointments to a Board/Committee/Commission: Council on Aging: Janet Kraemer, as a regular member to a term expiring 06/30/2026; Licensing Authority: Jessica Sylver as an Associate member to a term expiring 06/30/2024 was referred to a Second Reading on 11/02/2023.

 

AGENDA ITEM 2024-057. Acquisition of an easement for sewer purposes within Maywood Avenue and Newton Avenue in Hyannis Port.

Presented by Senior Counsel Charles McLaughlin. The item was approved.

 

AGENDA ITEM 2024-058 Resolve delegating to the Town Council President the authority to designate a moderator to preside over and regulate the Special Town Council/Open Meeting of the voters scheduled for October 23, 2023. Attorney Mike Ford of Harwich will serve as the moderator.

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

 

The next regularly scheduled Town Council Meeting will be held on Thursday, November 2, 2023. The public is able to view through Xfinity High Definition Channel 1072 (or Xfinity Channel 8) 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).