The September 4, 2025 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. Viewers can now watch BGA programming through our dedicated app available on both Apple and Android smartphones, as well as popular streaming platforms including Roku, Apple TV, and Amazon Fire Stick. Town Council President Craig Tamash chaired the meeting and called the meeting to order. Assistant Town Clerk Janet Murphy took the Roll Call. Councilor Felicia Penn has joined the meeting via Zoom so all votes will be by roll call. President Tamash welcomed back Councilor Gordon Starr who was attending the meeting in person.
Town Councilor Betty Ludtke welcomed John McLean to lead the Pledge of Allegiance. John McLean has been a resident of Cotuit for the past 27 years, married to Martha, who joined him tonight, for 40 years with one 33 year old son. Originally from Newton, Mass., John joined the Army after high school graduation. He was stationed with the Army‘s First Cavalry Division. His job was as a helicopter crew chief, responsible for maintenance of the ship. John is very proud of his service and like a lot of Vietnam veterans, he would do it again.
President Tamash asked all to remain standing for a Moment of Silence.
Next was Public Comment which was followed by Council Response to Public Comment.
Town Manager Mark Ells was invited to respond to Councilor questions.
President Tamash announced that Town Manager Communications for the period of August 20 – September 2, 2025 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:
- The Town Manager will issue instructions to municipal departments for FY 2027 operating and capital budgets in mid-September. The Town Manager Calendar Year Rate Hearing is planned for mid-October. A workshop with Town Council is anticipated at the September 18, 2025 Town Council meeting focused on fiscal policy and revenue strategy. For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- The Cape Cod Commission is currently updating the Regional Policy Plan. The public comment period has been extended to September 24, 2025. Based on previous Town Council discussion and public input received through various planning initiatives, staff have drafted a comment letter on behalf of the Town. We have shared the draft letter with Town Council for review and comment. We are seeking feedback from the Town Council on the comment letter prior to the public comment deadline.
- In prior Town Manager communications, I have reported on the fiscal limitations of the State Revolving Fund. The Cape Cod and Islands Water Protection Fund Management Board continues to closely monitor the progress of discussions by the Mass Department of Environmental Protection on this matter. On August 22, 2025, a letter from Kevin Galligan, Chair of the Cape Cod and Islands Water Protection Fund Management Board, was sent (attached) sharing anticipated Cape project costs for the next five years and seeking information on the anticipated capacity of the 2026 Clean Water State Revolving Fund Intended Use Plan. We will continue to advance strategy discussions with the state on this critical funding source.
- On Monday August 25, 2025, Olde Barnstable Fairgrounds Golf Course received official Audubon certification. Director of Golf Maintenance James Bentley and his staff began the process in early 2022 with a full site assessment of the course and recommendations from Audubon International. This process aligned with the Town’s “Sustainable Land Care Management Program” and golf staff decided to pursue official Audubon certification. To become an Audubon certified golf course the facility has to successfully implement and document a full range of environmentally responsible management practices across six key areas: environmental planning, wildlife and habitat management, water conservation, chemical use reduction and safety, water quality management, and outreach and education. Golf staff, with assistance from volunteers Bruce McIntyre and James Rahilly, expanded naturalized areas and planted natural pollinator plants including Milkweed and other species, installed numerous birdhouses, a screech owl box, and an osprey nest adjacent to the pond on the third hole. Additionally, we replaced outdated irrigation sprinklers with modernized sprinklers that are more efficient and provide the capability to regulate their pattern. Golf staff also perform testing of ground water and surface water four times annually. We have reduced the quantity of fertilizer applications and utilize organic and carbon-based products in place of synthetic options. Olde Barnstable Fairgrounds is just the third golf course on Cape Cod to achieve this designation, and the first one in 16 years.
- Due to sustained dry conditions over the southeastern part of the state through the month of July, Energy and Environmental Affairs (EEA) Secretary Rebecca Tepper declared the Cape Cod Region in a Level 2 – Significant Drought. Drought is a look back on cumulative conditions over a period of time. The below normal rainfall as well as higher than normal temperatures has led to drought like conditions setting in in our Region. To enhance awareness on the current drought conditions, EEA and MEMA are asking local, state and regional partners and stakeholder groups to assist in disseminating this critical information to residents, businesses and institutions in their respective communities. Although some regions may not be in a drought right now, in light of the low precipitation forecast and rising fire danger, we encourage water conservation all across the state. Attached is a one page “Drought Alert” (in pdf and jpg formats) that provides information on the current drought conditions and how communities across the Commonwealth can do their part to help conserve water, prevent wildfires and prepare for droughts.
The Barnstable Water System which services the Hyannis area, through its Water Board, put in place restrictions around non-essential outdoor water use. Per regulatory compliance, these restrictions were published on August 20th and shared on the Town website (https://tobweb.town.barnstable.ma.us/Departments/watersupply/News_and_Updates/–State-of-Water-Conservation—August-20-2025.pdf), Town mobile app, social media, e-News, and published in the Cape Cod Times.
Mandatory restrictions include:
- Outdoor Watering (by hand only) Restricted to Two Days or Fewer per Week
- Outdoor Watering Hours (permitted from 5:00 PM to 9:00 AM)
- Washing of Vehicles prohibited (with exceptions, i.e. commercial car wash, for operator safety, etc.)
- Washing of Exterior surfaces prohibited (with exceptions, i.e. when applying paint, stucco, cement, etc.)
- Filling of Swimming Pools prohibited
With continued guidance from EEA, we will continue to share the materials again via social and digital channels. For more information on the current drought conditions, technical guidance regarding drought management actions and for drought-related tools and outreach materials, please visit www.mass.gov/ma-drought-management; for water conservation information, go to www.mass.gov/conservemawater. We have also developed two short videos that cover the topics of why drought gets declared even when there has been recent rainfall and why water suppliers sometimes have to implement water use restrictions when there are no immediate supply constraints on their systems. Both videos are available at: https://www.mass.gov/info-details/drought-tips-tools-resources.
- On August 21, 2025, I had the honor of introducing Governor Maura Healey, EEA Secretary Rebecca Tepper, and Department of Fish & Game Commissioner Tom O’Shea for a Biodiversity announcement regarding the Administration’s commitment to conserving nature for people and wildlife. The Biodiversity Announcement took place at the Massachusetts Audubon’s Long Pasture Wildlife Sanctuary, in Barnstable Village. Governor Healey launched a new effort to rebuild biodiversity and invest in nature to sustain our health and well-being, food security, economy, and way of life. A full summary can be found at https://www.mass.gov/biodiversity.
- At the June Annual Meeting of the Wequaquet Lake Protective Association (WLPA) the Town was asked to send a letter to lake front owners as a reminder of the Town of Barnstable’s Fertilizer Ordinance. The letter is attached and provides important information to assist the Town in its ongoing efforts to improve water quality. The Town of Barnstable has over 180 ponds and lakes. The information in this letter is of value to all properties who use fertilizer. It was sent to a specific area because the WLPA requested that we prepare such a letter. We are available to work with all in our community to advance this information.
- Appropriation Order 2025-184 is on the Town Council agenda in the amount of $2.9M for the preservation and restoration work at the Hyannis Armory located on South Street. The Community Preservation Committee (CPC) voted unanimously to recommend to Town Council that the Town Council approved the funding for undertaking work on the exterior building. The link to the Town Architect’s presentation to CPC https://youtu.be/sNF4Q2p5UxU provides an overview of the project. The building’s condition is such that the exterior requires repairs to stop continued deterioration. The building has reached the end of its useful life. Attached is also a written outline regarding the history, acquisition, and Town investment in this facility. In review of the years of discussion and financial investment in the facility the Town wants to maintain the facility as a structure in its inventory. If that is correct, then we should proceed with the recommended improvements to the exterior. If the Town Council does not approve the exterior improvement, we should examine what is required to demolish the facility.
- Kate Maldonado, Planning & Development Department Senior Planner, will provide an update on the Local Comprehensive Plan.
On Thursday, September 4th, the Local Comprehensive Planning Committee will present the Draft Local Comprehensive Plan (LCP) to the Town Council. The Local Comprehensive Plan is a long-term vision and growth policy that will guide Barnstable’s future over the next ten years with topic and location specific goals and actions. The LCP was coordinated through a collaborative public process that identified a community vision, defined key issues and opportunities and developed actionable actions. The draft Plan is accessible for review from the project website BarnstableLCP.com via the Document Library tab.
Act on Public Session Minutes: August 21, 2025
COMMUNICATIONS – from elected officials, boards, committees, and staff, commission reports, correspondence and announcements (will be taken up after the Orders of the Day)
DELEGATION OF OPEN MEETING LAW COMPLAINT
Motion to delegate to the Town Attorney responsibility for responding to the Open Meeting Law
Complaint submitted by Ronald Beaty to the Town Council President and Town Clerk on August 28, 2025
and the Open Meeting Law Complaint submitted by Nathan Herschler to the Town Council President and Town Clerk on August 28, 2025 was approved.
Town Council President Tamash made a motion to go into Executive Session pursuant to G.L. c. 30A, Section 21(a)(3) to discuss strategy with respect to potential litigation related to federal grant conditions since a discussion in open session may have a detrimental effect on the litigating position of the Town and Town Council which was approved.
The Council will return to public session after the Executive Session.
ORDERS OF THE DAY
President Tamash took a couple of items out of order.
AGENDA ITEM 2026-024 Resolve approving two fish weir applications from Cape Cod Artisanal Fisheries, LLC.
Presented by Marine & Environmental Affairs Director Derek Lawson and the applicant Jacob Angelo. This item was approved.
AGENDA ITEM 2026-004 Order waiving fees for construction work by the Cotuit Fire District for the expansion and renovation of the Fire Station at 64 and 56 High Street, Cotuit.
Presented by Cotuit Fire Chief Sean Brown. This item was approved.
AGENDA ITEM 2026-025 Transfer Order in the amount of $587,527 for the Barnstable High School Tennis Court Project.
Presented by School Superintendent Sara Ahern and Facilities Director Doug Bolinger. Deputy Finance Director for School Operations Chris Dwelley was also present. This item was approved.
AGENDA ITEM 2026-030 Resolve directing the Town Manager to nominate the Downtown Hyannis Growth Incentive Zone for consideration as a District of Critical Planning Concern to the Cape Cod Commission was withdrawn by Town Councilor Felicia Penn.
Old Business
AGENDA ITEM 2025-184 Appropriation Order in the amount of $2,900,000 for preservation and restoration work at the Hyannis Armory located at 225 South Street in Hyannis.
Presented by Community Preservation Committee Chair Lindsey Counsell and Town Manager Mark Ells. Mr. Ells introduced Town Architect Mark Marinaccio, Director of Asset Management David Anthony, and Planning & Development Director Jim Kupfer who were on hand to answer Councilor questions. This item was approved.
Mr. Ells’s PowerPoint presentation may be viewed here.
AGENDA ITEM 2025-198 Appropriation and Transfer Order in the amount of $2,500,000 in Community Preservation Act Funds to increase the number and availability of community housing units in the Town of Barnstable.
Presented by Lindsey Counsell, Chair of the Community Preservation Committee, and Planning & Development Director Jim Kupfer. This item was approved.
AGENDA ITEM 2025-202 Resolve approving and adopting the Town of Barnstable 2025 Local Comprehensive Plan dated June 9, 2025.
Presented by Planning & Development Director Jim Kupfer. Wendy Northcross, Chair of the Local Comprehensive Planning Committee, introduced the Committee who worked hard to hear from as many people in Town throughout the entire process: Amanda Converse; Lindsey Counsell, Vice Chair; Mark Hansen; Meaghan Mort; Frances Parks; Cheryl Powell; Avery Revere; Susan Rohrbach; Robert Twiss; Jennifer Williams; Alyssa Chase; Katia DaCunha; and Asia Graves. Committee members in bold were present at some point during the meeting.
This item was approved.
Changes will be taken under advisement as the LCP is fluid document. Substantive changes will be brought back to the Town Council.
Mr. Kupfer’s PowerPoint presentation may be viewed here.
Councilor Starr left the meeting.
AGENDA ITEM 2026-020 Authorization for the Town Manager to execute a Host Community Agreement (HCA) with Holistic Health Group, Inc., a Medical Marijuana Treatment Center.
Presented by Planning & Development Director Jim Kupfer. Town Attorney Karen Nober answered Councilor questions. This item was approved.
AGENDA ITEM 2026-002 Order authorizing the grant of an easement for electric facilities on town-owned land at 382 Falmouth Road in Hyannis.
Presented by First Assistant Town Attorney Tom LaRosa. This item was approved.
AGENDA ITEM 2026-013 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 1 General Provisions, Article I Noncriminal Enforcement of Violations, to increase fines for zoning violations.
Presented by Jeff Carter, Deputy Director of Inspectional Services. This item was approved.
AGENDA ITEM 2026-015 Appointments to a Board/Committee/Commission: Licensing Authority: Nancy Karlson-Lidman from an associate position to a full member position to a term expiring 06/30/2028; Mike Trovato, as an associate member to a term expiring 06/30/2026; Shellfish Committee: James Weiler, as a member holding a family permit to a term expiring 06/30/2028.
This item was approved.
AGENDA ITEM 2026-016 Reappointments to a Board/Committee/Commission: Council on Aging: Charles Coyle, as a regular member to a term expiring 06/30/2028.
This item was approved.
AGENDA ITEM 2026-019 Appropriation and Loan Order in the amount of $1,716,000 for the purpose of funding the design and construction of aircraft hardstands on the terminal apron at the Cape Cod Gateway Airport.
Presented by Airport Manager Mike Nelson. This item was approved.
New Business
AGENDA ITEM 2026-014 Amending the Code of the Town of Barnstable, Part I General Ordinances, to insert a new Chapter 48 Stretch Code was referred to a Public Hearing on 10/09/2025.
AGENDA ITEM 2026-028 Vote on the merits of a group petition requesting that the town take action to acquire and preserve the home of Eugenia Fortes at 23 Pleasant Hill Lane and establish a permanent Wetlands Conservancy at 32 Pleasant Hill Lane was referred to a Public Hearing on 09/18/2025.
AGENDA ITEM 2026-029 Resolve approving and adopting the Town of Barnstable 2025 Housing Production Plan dated May 12, 2025 was referred to a Public Hearing on 09/18/2025.
AGENDA ITEM 2026-023 Transfer Order in the amount of $175,000 for the purpose of paying outside counsel expenses of the Legal Department.
Presented by Town Attorney Karen Nober. This item was approved.
AGENDA ITEM 2026-026 Acceptance of Fiscal Year 2026 Massachusetts Dredging Program Grant from the Executive Office of Economic Development in the amount of $519,000 for the purpose of funding the Barnstable Harbor Entrance Channel and Blish Point Boat Ramp Dredging Project.
Presented by Assistant DPW Director Rob Steen. This item was approved.
AGENDA ITEM 2026-027 Order authorizing an amendment to the Intergovernmental Agreement between the Town of Barnstable and the University of Massachusetts Dartmouth to increase the contract amount and extend the term.
Presented by Assistant DPW Director Rob Steen. This item was approved.
The next regularly scheduled Town Council Meeting will be held on Thursday, September 18, 2025. 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. Viewers can now watch BGA programming through our dedicated app available on both Apple and Android smartphones, as well as popular streaming platforms including Roku, Apple TV, and Amazon Fire Stick. 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).
