The October 6, 2022 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 through Zoom. Town Council President Matthew Levesque opened the meeting asking Town Clerk Ann Clerk to take the roll call which was followed by the Pledge of Allegiance. Town Councilor Kris Clark offered the Moment of Silence for retired Fire Chief John P. Jenkins of the Village of West Barnstable and the Cape’s Firefighting community who was a local legend and character who passed at age 77. Chief Jenkins served as West Barnstable’s Fire Chief for 32 years from 1973 to 2005 after he was first elected fire chief at the age of 27. John loved West Barnstable and the West Barnstable Fire Department, joining the Department in 1962. A graduate of Barnstable High School and a veteran of the United States Air Force, he served as a Fire Protection Specialist with the 443rd Civil Engineering Squadron. He loved to sing with his strong voice and celebrated local history and patriotic events. Our condolences to his family and friends.
Public Comment was next, followed by Council Response to Public Comment. Town Manager Mark Ells presented his Town Manager Communications for the period of September 16-October 6, 2022.
- Ann Quirk, Town Clerk, provided an election update.
- We are proceeding with the Budget Action Calendar for FY 2024. The action items in the budget calendar include the meetings of the School Committee held as they develop the FY 2024 proposed operating budget. As noted in the Budget Action Calendar a joint meeting of Town Council and School Committee is scheduled for October 20, 2022. We distributed the budget instructions for the development of the FY 2024 Operating Budget and FY 2024-2028 Capital Improvements Plan to staff on September 23, 2022. For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- On July 26, 2022, I provided the Board of Health an update regarding the proposed regulatory changes under consideration by the Department of Environmental Protection to Title 5. As previously reported on June 1, 2022, the Town of Barnstable was informed of regulatory revisions the Massachusetts Department of Environmental Protection (MassDEP) is developing to ensure that timely actions are taken to restore and protect coastal estuaries that have been impacted by excessive nitrogen pollution. We met with MassDEP on July 6, 2022 to further discuss these proposed changes and we submitted a letter summarizing our comments on the proposed changes for MassDEP’s consideration as they finalize their draft regulations. We met again with DEP staff on September 23, 2002 to further discuss the proposed changes to Title 5 regulations. I spoke with the Undersecretary of the Executive Office of Energy and Environmental Affairs this week and he shared that the state still plans to issue a draft regulation for review in October 2022. I have suggested that MassDEP present these draft changes to a joint meeting of the Town Council and Barnstable Board of Health as these changes are significant and merit such a presentation possibly in November or December 2022. We will keep you advised as these important regulatory revisions progress.
- We continue review of permits filed with regulatory agencies regarding a 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. To date I have only had 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. 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. Attached is the document link below 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.
Commonwealth Wind has requested that the ENF be noticed in the next issue of the Environmental Monitor to be published on October 7, 2022. Commonwealth Wind anticipates that the public comment period for the ENF will extend through October 27, 2022 and the Secretary’s Certificate will be published on November 7, 2022. Staff is reviewing the ENF and we plan to submit comments within the public comment period. Based on Attachment D Permits, Reviews and Approvals Required for the Project of the ENF. We anticipate a filing later this fall with the Energy Facilities Siting Board (EFSB). We will keep you advised of our progress on this matter.
- In thousands of communities across our nation, drinking water contains chemicals known as perfluoroalfyl and polyfluoralkyl substances (PFAS). PFAS is used in a wide range of products including non-stick cookware, water and stain repellent fabrics, and fire-fighting foam. PFAS enters our water resources and is difficult to remove. PFAS has been linked to a number of adverse health effects. A report issues by the National Academies of Sciences Engineering Medicine entitled Guidance on PFAS Exposure, Test, and Clinical Follow-up recommends to the centers for Disease Control and Prevention (CDC) to update its clinicians to offer PFAS blood testing to patients who are likely to have a history of elevated exposure. Later this evening Dr. Laurel Schaider, PhD, Senior Scientist, Environmental Chemistry and Engineering, Silent Springs Institute will share information regarding the ongoing efforts in Hyannis relative to the presence of PFAS and the opportunity for our residents to participate in a health study here in Hyannis.
- Elizabeth Jenkins, Director of Planning and Development, provided an update on the Local Comprehensive Plan (LCP). Director Jenkins’ PowerPoint presentation can be viewed here.
The Council then acted on the Public Session minutes Approve Public Session Minutes: September 15, 2022. Town Attorney Karen Nober presented the Administrative Correction to Misnumbered Agenda Items: Approve the renumbering of Agenda Items #2023-017, 2023-018 and 2023-019, as they appeared on the September 1, 2022 Town Council Meeting Agenda, to Items #2023-038, 2023-039 and 2023-040, respectively which was approved. The Town Council offered their Communications which included three presentations:
Sarah Thornington (You can view their PowerPoint here.)
- Major Greg Quilty, District Director, Veterans Services for Barnstable County
- Presentation by Laurel Schaider, PhD, Senior Scientist, Environmental Chemistry
and Engineering Silent Springs Institute (You can view Dr. Schaider’s PowerPoint presentation here.)
OLD BUSINESS began a Public Hearing for Agenda Item 2022-159 Amending the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning, Article III, §240-30(E)(4) by amending the separation requirements of the Medical Marijuana Overlay District. Planning and Development Director Jenkins presented the introduction to the rationale. Attorney Tim McNamara represented the Citizen Petitioners to present the rationale. Town Attorney Karen Nober spoke to a couple of issues that were brought up. A motion to amend Section 240-30, Medical Marijuana Overlay District, of Chapter 240 Zoning, Article III District Regulations, of the Code of the Town of Barnstable to update certain references therein for consistency with applicable state law and regulations by:
- deleting “registered marijuana dispensary/ies” wherever that term appears and inserting “medical marijuana treatment center/s” in its place;
- deleting “RMD” wherever that term appears and inserting “MTC” in its place;
- deleting “Department of Public Health” and “DPH” wherever those terms appear and inserting “Cannabis Control Commission” in their place;
- deleting “105 CMR 725.000, Implementation of an Act for the Humanitarian Medical Use of Marijuana” in Section B(1) and inserting “935 CMR 501.000, Medical Use of Marijuana” in its place;
- deleting “Registration” in Section E(1) and inserting “Licensing” in its place;
- deleting “registered” in each instance where that word appears after the word “properly” in Section E(1) and inserting “licensed” in its place;
- deleting “105 CMR 725.100” in Section E(1) and inserting “935 CMR 501.050(1) and 935 501.101” in its place;
- deleting “registration” in each instance where that word appears in Section E(9) and inserting “licensure” in its place;
- deleting “[r]egistration” in each instance where that word appears in Section F(1)(h) and inserting “licensure” in its place;
- deleting “105 CMR 725.100(E), Expiration and Renewal of Registration” in Section F(5)(a) and inserting “935 CMR 501.103(4), Expiration and Renewal of Licensure” in its place; and
- deleting “105 CMR 105(O), Requirements Upon Expiration, Revocation or Voiding of Certificate of Registration of RMD” in Section F(5)(b) and inserting “935 CMR 501.105(18), Requirements on the Expiration, Revocation, or Voiding of Certificate of Licensure of MTC” in its place.
The motion for amendment was approved. A second motion to amend Item No. 2022-159 by deleting the following sentences: “The site does not abut a religious institution/place of religious assembly, and is at least 500 feet from any school, day-care center, preschool or afterschool facility or any facility in which children commonly congregate. In no case shall a RMD directly abut another RMD or any medical marijuana use.” and inserting the following in their place:
“The MTC Entrance, as defined by 935 CMR 501.002, is at least 500 feet from the nearest School Entrance, as defined by 935 CMR 501.002, and from the nearest entrance of any religious institution/place of religious assembly, day-care center, preschool or afterschool facility or any facility in which children commonly congregate. Distance shall be measured in a straight line from the geometric center of the MTC Entrance to the geometric center of the nearest School Entrance or nearest entrance to such other institution or facility, unless there is an Impassable Barrier, as defined by 935 CMR 501.002, within those 500 feet, in which case the distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the MTC Entrance to the geometric center of the nearest School Entrance or nearest entrance to any religious institution/place of religious assembly, day-care center, preschool or afterschool facility or any facility in which children commonly congregate. In no case shall an MTC directly abut another MTC or any medical marijuana use.” The motion for amendment was approved. Agenda Item 2022-159, as amended was approved. The PowerPoint presentation for this item can be viewed here. Town Manager Mark Ells asked for a withdrawal of Agenda Item 2023-030 Appropriation Order in the amount of $1,337,890 for the purpose of funding the restoration work to the Zion Union Historic Museum and Original Chapel, located at 296 North Street, Hyannis, MA so the item could be referred to the Legal office which was approved. NEW BUSINESS began with Agenda Item 2023-032 Appointments to a Board/Committee/Commission: Housing Committee: Emily Cornett as a regular member to a term expiring 06/2024; Waterways Committee: Gary Shramek as a regular member to a term expiring 06/2025 receiving a First Reading. The item was referred to a Second Reading on October 20, 2022.
The following Agenda Items 2023-033 Supplemental Appropriation Order in the amount of $19,350 for the Barnstable Police Department Fiscal Year 2023 Operating Budget for the purpose of funding a part-time Police Detail Coordinator position; 2023-034 Appropriation Order in the amount of $15,000 with such funds to be deposited into a dedicated account established for the purpose of acquiring property interests subject to the provisions of Article 97 of the Amendments to the Massachusetts Constitution; and 2023-035 Appropriation and Loan Order in the amount of $400,000 for the purpose of funding the Lead Service Line Inventory and Replacement Plan Development were referred to Public Hearings on October 20, 2022. DPW Director Dan Santos presented Agenda Item 2023-036 Authorization to expend a Fiscal Year 2023 Coastal Resiliency Grant from The Commonwealth of Massachusetts, Office of Coastal Zone Management in the amount of $128,127 for the design, permitting, and outreach of the Sandy Neck Beach Facility Coastal Resiliency Project which was approved. Agenda Item 2023-037 Reappointment of Mark S. Ells, Town Manager, as the Barnstable Member to the Cape Cod and Islands Water Protection Fund Management Board was approved. The Town Council will hold a Special Town Council Strategic Planning Session on Thursday, October 13, 2022 at 7:00 PM. The next regularly scheduled Town Council Meeting will be held on Thursday, October 20, 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).