Town Council Meeting – Thursday, October 5, 2023

Town Council Meeting – Thursday, October 5, 2023

The October 5, 2023 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 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 Town Clerk Ann Quirk took the Roll Call. Next President Levesque led the Pledge of Allegiance and a Moment of Silence.

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

President Levesque announced that Mr. Ells’ Town Manager Communications for the period of September 22-October 5, 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:

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. The town has received notification from the Department of Revenue that it has certified the town’s free cash for the General Fund and Enterprise Funds as of July 1, 2023. A copy of the certification was emailed by the state to the Town Council mailbox. The Barnstable Comprehensive Financial Advisory Committee (CFAC) has issued its annual Financial Overview Report on the FY 2024 budget. This 12-page report provides a concise summary of the important financial components within the operating and capital budgets. It is available on the town’s website at the top of CFAC’s homepage. For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
The Local Comprehensive Planning Committee (LCPC) continues its efforts to update the Town’s Local Comprehensive Plan. The Committee is comprised of representatives of all seven villages and members of several Town Boards and Committees. The Town is seeking to appoint additional members to the Committee as it begins phase two of the planning process. The Town is looking to diversify representation on the Committee to ensure its makeup is reflective of the community’s population and is therefore seeking applications that represent the diversity in our community. If you are interested in participating, please complete the application found on the Barnstable Local Comprehensive Plan website (www.BarnstableLCP.com) or return it to the Town Manager’s Office by Friday, October 13, 2023. Applications can also be found at each of the seven village libraries, the Hyannis Youth and Community Center, and the Barnstable Adult Community Center. The Committee is appointed by the Town Manager, who due to the importance and far-reaching impacts of the work to be undertaken by the Committee, will request that all appointments be ratified by the Town Council.
The Massachusetts Department of Environmental Protection (MassDEP) approved revision to Title 5 and Watershed Permit on July 7, 2023. On September 1, 2023 the Town of Barnstable filed its application for a Watershed Permit, in accordance with 314 CMR 21.00, Watershed Permit Regulations. This application consists of a request for a Watershed Permit covering the entirety of the Town and its identified watersheds, in accordance with our Comprehensive Wastewater Management Plan (CWMP). Staff has continued its review of the permit application with DEP regarding this application and we will keep the Town advised of our progress.
Recently, I have received questions from the public on why we are expanding sewers into the village centers in Centerville and Osterville. The question is based on inaccurate information regarding proposed zoning changes to allow for more intense land uses in these village centers. There are no plans to modify land use or zoning in the villages of Osterville or Centerville. I would encourage all residents to participate in the Local Comprehensive Planning process to be informed of what Barnstable wants for its village centers in the future and to directly participate in developing our Local Comprehensive Plan so that the Plan reflects our community’s vision for our Town and its villages. Relative to the Comprehensive Wastewater Management Plan within which we have provided a plan for nitrogen reduction within the impaired embayments in Barnstable, a plan is set forth for sewer expansion. Sewer expansion is needed to address nitrogen loading in all of Barnstable’s southerly embayments by removing wastewater from the embayment in an amount that reduces the nitrogen load thus allowing for the bay to return to a healthy state. For more information on why wastewater treatment and sewers are part of that solution please go to our website and look at our Water Resources link on the homepage or call the Barnstable Department of Public Works and ask for Kelly Collopy.
On September 27, the Barnstable Department of Public Works staff met with representatives of Massachusetts Department of Environmental Protection (MassDEP) to discuss effluent disposal related to the Comprehensive Wastewater Management Plan and future wastewater flows at the Hyannis Wastewater Treatment Plant. The MassDEP is very receptive to working with us on a proposal to utilize our treated wastewater as a resource, since the planned future improvements at the Hyannis Wastewater Treatment Plant will produce effluent that is highly treated and merits the discussion on post treatment uses. Extensive analysis and permitting will be necessary to determine post treatment uses, but all parties believe it is in the best interest of our residents and the environment to pursue these innovative approaches. We will keep you advised of our progress on this effort.
Barnstable Department of Public Works staff met with the Massachusetts Department of Environmental Protection (MassDEP) on Wednesday, October 4, to discuss the sources of PFAS contamination that have impacted the Hyannis Water System. It is important to note that all Hyannis Water System wells are treated for PFAS and no PFAS is in the distribution system. There are two known point sources of this contamination. The primary source appears to be the former Barnstable County Firefighter Training Academy off Mary Dunn Road and the other less impactful source is the Cape Cod Gateway Airport. Both parties have been investigating the extent of the contamination over the past several years. We will continue to work with MassDEP and the respective parties until appropriate action is successfully implemented including monetary reimbursement to the Town’s Water Supply Division for remediation taken within the public water supply to address said contamination. We will keep you advised as we progress on this matter.
The Open Space Committee is hosting their annual Fall Walking Weekend, where they will be offering various guided walks to appreciate the paths in our beautiful town this weekend October 6^th through the 9^th. Each walk is interactive and led by an experienced walk leader who will narrate points of interest along their path. For convenience, each walk is categorized by approximate distance and length of time to complete, and difficulty of terrain and pace. To learn more or see the full schedule of walks, visit the Town’s website and look under ‘In the News’ on the homepage.
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 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. We have taken this matter under advisement relative to how this project may be impacted by said action. The third is the Commonwealth Wind project 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. Avangrid did notify the Town Manager that they intend to continue permitting for the Commonwealth Wind Project, and, therefore, the Town will continue to review and comment on Avangrid permitting relative to the Massachusetts Environmental Policy Act (MEPA) filing and any other permitting efforts that merit such action. Comments on the Draft Environmental Impact Report (DEIR) have been submitted to the state and we await review of said comments on this proposed project. We will keep you advised of our progress on this matter.

Town Manager Mark Ells was asked to the podium to respond to Councilors’ questions regarding his Town Manager Communications. Finance Director Mark Milne responded to questions about the Opioid Settlement Funds.

The Council voted to approve Public Session Minutes: September 21, 2023.

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

President Levesque started the Orders of the Day by taking a couple of items out of order.

AGENDA ITEM 2024-047 Resolve revoking the authorization for the Town Manager to commence negotiations with Commonwealth Wind for a new host community agreement.

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

AGENDA ITEM 2024-048 Resolve postponing the granting of certain easements to Park City Wind LLC.

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

OLD BUSINESS

AGENDA ITEM 2024-037 Appointments to a Board/Committee/Commission: Comprehensive Financial Advisory Committee: James Sproul, as a regular member, to a term expiring 06/30/2026; Housing Committee: Asia Graves, as a regular member, to a term expiring 06/30/2026; Hyannis Main Street Waterfront Historic District Appeals Committee: Aaron Webb, as a regular member, to a term expiring 06/30/2024; Open Space Committee: Lev Malakhoff, as a regular member, to a term expiring 06/30/2024. A motion to bifurcate the item did not pass.

Presented by Town Councilor Paula Schnepp. The item was approved.

AGENDA ITEM 2024-038 Supplemental Appropriation Order in the amount of $52,993 for the Barnstable School Department Fiscal Year 2024 Operating Budget for the purpose of funding a full-time Administrative Assistant position for Special Education Finances and Medicaid.

Presented by Sara Ahern, Barnstable Public Schools Superintendent. The item was approved.

NEW BUSINESS

AGENDA ITEM 2024-039 Resolve that the Town Council petition the County Commissioners of Barnstable County to formally discontinue a section of county highway, namely Old Stage Road, a portion of Pine Street and a portion of Church Street.