Town Council 2008

TOWN COUNCIL MEETING

January 17, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on January 17, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo and James M. Tinsley, Jr., Harold Tobey. The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence with Vice President Frederick Chirigotis honoring Richard Warren who died this past week. (see attachment “A” highlighting the former teacher and “Four Seas” ice cream parlor owner). Joint Meeting with School Committee (in accord with Section 6-1 of the Town Charter) Financial Director Mark Milne gave a power point presentation on the FY2009 financial outlook and budget planning process (See Attachment “B”). School Committee members present were: Ralph Cahoon, Tom McDonald, Debra Dagwan, Patrick Murphy and Peggy Dandridge. Supt. of Schools Patricia Grenier and Asst. Supt. Glen Anderson were also in attendance... Highlights:

The town has a AAA rating as of Feb. 2007 It doesn’t mean we have sufficient resources to provide all services. Director Milne reviewed the key financial ratios. He summarized the reserves He reviewed the General Fund Revenue Structure which totaled $127,923,308. The new property tax growth for 2008 showed an increase of $1.2 million (for a one time

18 month period of growth). Steady growth is shown in excise taxes There is a decline in local aid. Investment income has increased – but FY08 investment rates are declining He reviewed expenditure assumptions for the next 10 years. To recap – we can provide services as they are today but with no new services except

for the youth center. Savings will be used annually to fund a portion of the operating expenses and no

overrides are expected. The town is looking at continuing the road improvements, other capital improvements,

debt financed capital improvements, and operating capital Milne reviewed school enrollment and net school spending requirements Student required spending increases faster than the decline in enrollment. There was a review of the savings accounts and the revenue sharing agreement.

Councilor Barton asked about SPED costs. Milne said costs are higher in that category and we are required to spend it.

A

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Councilor Curtis asked about the state insurance plan and could we join. Milne said retired teachers are in that. Cape Cod Municipal Health group is competitive; but 70% of employee union contracts must agree in order to join. The CCMH is analyzing this. Councilor Milne asked about the retirement system and if the County is joining the state system. Milne said yes, and it is hopeful we will get a better return, and help to save some money in the future. He asked if the school was planning to stay within their allocation. School Committee Chair Cahoon said we will fall within the budget allocation amount; but the committee has not worked on the budget as yet. The Supt. will present the budget to them in 2 weeks. Councilor Munafo asked about the debt per capita. Milne said it is based on the total census. Councilor Farnham asked about the trust fund contribution and the infrastructure repairs. Milne said extra general fund reserves do go into the capital trust fund. When we have huge growth we put it into capital. If we can get new growth we can take advantage of it again. School Committee Member Dagwan asked about the Federal fund rate. Milne said the Federal Reserve rate is what the Feds set on a 6 month basis. Supt. Grenier stated that legally teachers do not have to give notice on retirements, but so far she knows that 20 teachers will be retiring. PUBLIC COMMENT: Mary Clemmons encouraged citizens to attend the Charter Commission meetings. Robert Tucker handed a card out relative to stray cats. He addressed overcrowding in homes. COUNCIL RESPONSE TO PUBLIC COMMENT None ACT ON MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of December 20, 2007. (Councilor Canedy asked to change “respond” to “correspond” on page 2, and further on to change “said to go” to “suggested that”. VOTE: Unanimous in favor as amended COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Canedy announced a grant award to the Barnstable Historic Society. Councilor Munafo announced the Hyannis Fire District meeting; and asked for an update on DPW projects. Mark Ells, DPW Director said there is traffic light work on Main Street due; There is a gravity sewer line clog on South St. and Ocean St. and that is being fixed. Vice President Chirigotis announced the Charter Commission meetings, and Centerville Civic Association meeting. Councilor Curtis asked about a study on what is needed to be done to the Town Hall building. Ells said there was an evaluation completed and he will review it with councilors. Curtis was wondering about the leaks, etc.

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Councilor Barton reported on goals for Operation in From the Streets, and No Place for Hate activities for Martin Luther King’s birthday. Councilor Crocker thanked the DPW team and Manager for moving forward on the Youth Center. Lynn Poyant, Dir. Of Community Services announced the ground breaking for the Youth Center at the Kennedy Rink. Councilor Tobey noted the importance of the Martin Luther King march and hopes this year’s march will be the best. ORDERS OF THE DAY OLD BUSINESS Upon motion duly made and seconded it was voted to take item 2008-068 out of order in order to accommodate the large number of people in attendance for that item. VOTE: 10 Yes 3 No 2008-068 - CREATING A RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT INTRO: 12/06/07, 01/17/08 Councilor Barry gave the rationale. He addressed the various projects that the town has spent money on – but protecting the waters for shellfishing and recreation costs the town nothing. There are over 2,000 recreational and 49 commercial shellfish licenses issued. He gave the history of this proposal; and stated that the overlay district will support the needs of the citizens. He read various sections from the Code dealing with docks and adverse affects on the shellfish in that area. Docks can be and are harmful. We are trying to protect 114 acres. People do not own the water. Your personal property rights end at the mean low water. Stuart Rapp, chair of the Town of Barnstable Shellfish Committee, gave a history on this issue. He talked about intrusion of structures into the shellfish habitat. There was a pier committee created, along with a tri-committee. There was a significant amount of work and a plan created to protect certain shellfish areas. The Conservation Commission adopted the map and use it to help them allow or disallow the building of docks in that area. Structures are still being built in the shellfish habitat. Cotuit beachfront had a ban. The overlay is designed to protect a shellfish relay area and significant shellfish habitat. Upon motions duly made and seconded the continued joint public hearing of the Planning Board and Town Council was opened again by unanimous votes of both boards at: 8:36 p.m Planning Board members in attendance: Patrick Princi, Steve Shuman, Marlene Weir, David Munsell, Raymond Lang. Steve Shuman of the Planning Board explained the item in detail and the changes made to it. Public comments:

o Robert Silva asked for a moratorium on the building of docks. He was concerned about the turbidity issues and the adverse impact of the docks on the shellfish in that area.

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o Peter Sampou gave a typewritten presentation (See attached item “C”); he has a PHD in Biological Oceanography. He said the turbidity can have a deleterious effect on juvenile shellfish.

o Dr. Mark Orkell (Erkell?) stated that these are productive shellfish grounds and are the

cream of the crop. Docks and vessels attached to them are detrimental. The public has the rights to the waters, so docks are trumped by the Commonwealth laws of rights to the waters.

o Betty Silva said shellfishing provides sustenance and it is also a recreational activity for

families. She is concerned for the future – we protect plovers, why not shellfish.

o Stan Negus showed pictures of a dock in a former prime shellfish area (See Attachments “C”), and it has been totally destroyed by prop dredging. Barnstable has lost many acres; many in the 3-Bays area. This deterioration must stop and the overlay proposal impacts only 114 acres.

o Laura O’Neill born in 1913 said she would think it unfortunate if children would not see in

the future where the shellfish come from. That would not be good. You would look back and say you should never have done it that way.

o Robert Tucker says that he now knows why they stopped piers in RI.

o Carol Horgan says no one has ever done anything as far as enforcing existing laws.

She urged the council to consider whether you need an extra layer or enforce the rules that already exist.

o Donna DiFlorio spoke of property rights – where was the council on rights when it came

to 1 to 2 acre zoning. Shellfish are living breathing animals and more will die without this ordinance.

o Fred Dempsey enjoys shellfishing for the recreation and the food values. He reminded

the council that 2000 licenses translates into 4000 possible voters – think about passing the item.

o Joe Garodnick noted the loss of shellfishing when dredging was done for a large dock off

Seapuit Road. He has noted over the years the loss of scallops and much of the soft shell clams – areas are now closed. Please help maintain the Barnstable quahog.

o Andre Sampou noted that this is about protecting our coastal resources – especially its

shellfish. He showed 20 years of words developed by boards and committees – but nothing has been done to put these into play. Piers in the bays have doubled.

o Bob Lucent is new to the town. Please take the time, and put this vote forward.

o Pete Jasin thanked all the individuals who have worked on this. The people of the

Commonwealth have the rights to the shellfish. We have lost a lot due to pollution. We need to take this for our children and our future.

o Matt Ostrowski quoted the Town Manager as stating that the natural resources have

declined.

o Les Hemmila thanked the councilors for supporting this. It is getting bad when you go out and find more and more piers and less area to shellfish.

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o John Hopkins is concerned with the rights of the property owners who don’t have docks. It will affect property owners’ rights to build and noted a loss of possible future taxation.

o Len Clark asked if this a done deal? This is the public hearing. He addressed the rights

of home owners on the water vs. the shellfishermen, and noted there would not be a loss of value to the homes.

o Lou Gonzaga feels this is a no-brainer. People come to Cape Cod for clams and oysters

and many times they are no longer from here.

o Stuart Rapp said lack of enforcement has concerned the Shellfish Advisory Board as well. You can eliminate it by approving the overlay district. The water belongs to all of us – when a home owner puts a dock in the water, they take away the rights of the people.

Upon motions duly made and seconded by both the Town Council and the Planning Board the public hearing was closed by a unanimous vote of both boards at approximately 9:25 p.m...

Councilor Farnham said that this is about the environment, economy and entertainment. He is convinced that we need the courage to do the right thing and vote yes.

Councilor Milne said docks are not a right but a privilege. We have a gift of the shellfish and have already abused it. We are here to protect the public trust.

Councilor Crocker said those properties are protected by the state of Massachusetts and the DEP – all of the permits that we got are over State owned land. Yet we want to put in an ordinance without telling the State. Crocker said the problem is not the docks but the large props. We are putting an ordinance over land we do not own. He wants to stop hydraulic dredging for clams; and create a harbor management plan (work with state and boards).

Councilor Barry said Osterville is one of the few areas that is open year round. Barry said the State does not want to get involved with this issue because it appeared to be a “cat fight”. The council creates policy. He explained the number of meetings that were held as part of the process. Arlene Wilson said if you want to prohibit docks you need to support the zoning.

Councilor Crocker stayed away from the meetings but he gave his concerns to Mr. Shuman.

Councilor Canedy said this ordinance has been fully vetted and is the compromise document, it had full public hearings. This document is the compromise and all the different changes are compromise positions. We noted the loss of areas to allow growth of some of the adjacent landowners. She noted a prior document created by Friends of West Bay area and the issues they raised at the time of its creation support the ordinance. They addressed among other things the quality of life considerations, and the rights to the waters, which would be taken by exclusive use. The documents dealt with floating devices; but transfer the words floating devices to docks and you can see the similarity. No one has a right to damage a precious public resource for their own use.

Councilor Chirigotis said the Waterways Committee had asked for a Shellfish Committee member to attend one of their meetings but no one did. He feels we need to be cleaning the water. No one is talking about denitrification. Councilors need to present their item factually and politely. We need to be careful how we present an ordinance and how it affects all of us.

Councilor Munafo wants to know how the GPI was determined; as well as a few other concerns about the ordinance. He addressed large props vs small props, and sail boats. Docks are not bad. We need to protect your property rights.

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David Munsell from the Planning Board said that he is offended by the fact that people are now questioning the ordinance. This is an insult. You people have to do your homework and read the literature and talk to someone ahead of time. But, don’t grandstand at a meeting. Councilor Munafo said we received it Tuesday. President Joakim said you have had the document for two weeks. Planning Board member Shuman moved that the Planning Board accept the item as printed in the agenda. VOTE: 5 in favor – that is a verbal report and a written will follow Upon motion duly made and seconded, it was voted to move the question. VOTE: Majority in favor Upon motion duly made and seconded it was: ORDERED: Section 1. The zoning ordinance is hereby amended by adding the following new section: §240-37.1 Recreational Shellfish Area and Shellfish Relay Area Overlay District A. Purpose.

(1) The purpose of this section is to protect the general public’s interest in the recreational harvesting of shellfish by creating a Recreational Shellfish Area and Shellfish Relay Area Overlay District within said overlay zoning district.

(2) The purposes of the Recreational Shellfish Area and Shellfish Relay Area Overlay District include:

(a) Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law; and, (b) Prohibiting docks and Piers in coastal waters designated as significant shellfish habitats by the Division of Marine Fisheries or local shellfish officials.

B. Establishment of district. In order to implement the purposes of this section, the Recreational Shellfish Area and Shellfish Relay Area Overlay District is hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time. The Recreational Shellfish Area and Shellfish Relay Area Overlay District shall include those areas shown on the map entitled “Recreational Shellfish Area and Shellfish Relay Area Overlay District” dated October 9, 2007, filed with the Town Clerk, up to and including the area seaward of the mean high water line, which map, together with all explanatory material thereon, is hereby incorporated in and made part of this chapter. C. Overlay District Map. The boundaries of the Recreational Shellfish Area and Shellfish Relay Area Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of August 30, 2000. D. Prohibition. Within the Recreational Shellfish Area and Shellfish Relay Area Overlay District, the construction and/or installation of docks and piers is prohibited, unless such dock or pier has the benefit of a valid Order of Conditions issued prior to August 17, 2007, and receives all other necessary local, state and federal permits, in which case the construction and/or installation and maintenance of said dock or pier shall not be prohibited.

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E. Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95 A (1) and B, provided that such reestablishment shall not include the use of toxic materials, and, for the purposes of this section, the pursuit of construction continuously to completion shall mean that construction shall be completed within one year of receipt of all required permits. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted. F. Expansion of existing docks or piers. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Recreational Shellfish Area and Shellfish Relay Area Overlay District shall be deemed to be substantially detrimental and shall be prohibited. G. Definitions. The terms “dock” and “pier” shall be used interchangeably for the purposes of these regulations and shall mean the entire structure of any pier, wharf walkway, bulkhead, or float, and any part thereof, including pilings, ramps, walkways, float, tie-off pilings, dolphins and/or outhaul posts, that is located on a bank (inland) (310 CMR 10.54), land under water bodies and waterways (310 CMR 10.56), land under the ocean (310 CMR 10.25), land under a salt pond (310 CMR 10.33), rocky intertidal shore (310 CMR 10.31), or that portion of a coastal beach (310 CMR 10.27) seaward of the mean high water line. Notwithstanding the above, either a swimming float or work float, kept at a mooring, that receives a permit from the Harbormaster and is not connected with the shore, is not a float subject to these regulations. Section 2. The official zoning map of the Town of Barnstable is hereby amended by adding a Recreational Shellfish Area and Shellfish Relay Area Overlay District as shown on the map entitled “Recreational Shellfish Area and Shellfish Relay Area Overlay District”, dated October 10, 2007. VOTE: Roll Call – 8 Yes, 4 No, 1 Abstain (no votes cast by Crocker, Munafo, Tinsley and Tobey) – (abstain cast by Chirigotis) – Did not pass needed 2/3’s Upon motion duly made and seconded it was voted to reconsider VOTE: Majority in favor Councilor Rugo, asked for an explanation of the abstention vote. Councilor Barry asked for a positive vote. This is about rights. There was a question raised as to the reconsideration vote and the proponents changed to have it be from the prevailing side. Councilor Curtis reminded all that the public opponents did not overwhelmingly come out – where on the other hand there was a large group of proponents. We need to make the decision. President Joakim asked if this ordinance could be appealed. Town Attorney Ruth Weil explained that you would need a use variance, but it is a difficult road to hoe but you can appeal. Councilor Milne thanked all for the reconsideration. He made a mistake in his past because he listened to only one councilor on a vote. Councilor Munafo talked about protecting property rights – the defeat was right. Councilor Barton agreed with Councilor Curtis and thanked the Planning Board and people who came out.

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Upon motion duly made and seconded it was voted to move the question. VOTE: Majority in favor Reconsideration vote on item 2008-068 Vote: Roll Call 7yes 6 no (No votes – Chirigotis, Crocker, Munafo, Rugo, Tinsley, Tobey) Upon motion duly made and seconded it was voted to reconsider a second time. VOTE: Majority Councilor Canedy stated that one of the oldest rights to citizens is the right to the water. A motion was made but not seconded to move the question. Councilor Rugo moved to amend to allow for the harbormaster to approve property owners to allow to them to petition the said harbormaster to allow for docks (Clerk did not get the whole motion and asked for it in writing). A break was taken for the amendment and clarification of rules. When the meeting reconvened, Councilor Barry announced that there appears to be a compromise that may lead to a solution. He said he was not going to present the amendment at this time, but in essence it will affect all property owners and they shall have the right to an outhaul and a deep mooring; perhaps this is not dead in the water. At that time Councilor Barry made a motion to postpone this item 2008-068 to the second meeting in February, it was seconded. VOTE: 12 Yes 1 No to postpone

President Joakim announced that 2008-057 – Amendment to Zoning Ordinance – Senior Continuing Care Retirement Community Overlay District would be moved to February 7th and 2008-077 – Amendment to the Zoning Ordinance & Zoning Map by Creating a Multi-Family Affordable Housing District would be moved to the second meeting in February with the approval of the council. VOTE: No objection to postponing to dates certain NEW BUSINESS 2008-074 - ACCEPTANCE & TRANSFER ORDER - LAND MANAGEMENT AND WILDFIRE GRANT Town Manager Klimm gave the rationale. Upon motion duly made and seconded it was: RESOLVED AND ORDERED, that the Town Council hereby accepts a Cape Cod Cooperative Extension Wildfire Assessment and Preparedness Program Land Management and Wildfire Grant in the amount of $5,000 to continue reducing fuel loadings along the residential interface areas in Barnstable, along the Barnstable/Sandwich town line, and within a firefighter and public safety zone. VOTE: Unanimous Upon motion duly made and seconded it was voted to take items 2008-081 and 2008-082 out of order. VOTE: Majority in favor.

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Upon motion duly made and seconded it was also voted to extend the time of adjournment past 11:00 p.m. in order to complete the agenda. VOTE: 11 Yes 2 No

2008-081 - ACCEPTANCES OF GIFTS TO INSTALL PLAYGROUND EQUIPMENT IN WEST BARNSTABLE Lynne Poyant, Director of Community Services, gave the rationale and thanked the individuals involved in the Luke Vincent Powers Foundation. Manager Klimm thanked Councilor Farnham and David Curley as well. Upon motion duly made and seconded it was: RESOLVED, that the Town Manager is authorized to accept gifts and grants for the purpose of creating a “boundless” playground located adjacent to the Barnstable Lombard Field, 2377 Route 149, West Barnstable. VOTE: Unanimous in favor 2008-082 - AUTHORIZATION TO ENTER INTO LEASE WITH LOMBARD TRUST FOR THE BOUNDLESS PLAYGROUND IN WEST BARNSTABLE. A question was raised on the wording of the authorization and Ms. Poyant explained that it was worded appropriately and that the Lombard Trust trustee, Judge Joseph Reardon, is in favor of the project. Upon motion duly made and seconded it was: ORDERED, that the Town Council hereby authorizes the Town Manager to enter into a lease for nominal rent for a term not to exceed ninety-nine (99) years between the Lombard Trust and the Town of Barnstable for property adjacent to the Barnstable Lombard Field, having a street address of 2377 Route 149, West Barnstable, and to execute and deliver any documents related thereto on behalf of the Town. VOTE: Unanimous in favor 2008-076 - AMEND SCHEDULE OF FEES, CHAPTER 76 OF THE GENERAL CODE Upon motion duly made and seconded it was voted to refer this item to a public hearing on February 7, 2008. VOTE TO REFER: Majority in favor

2008-078 - ACCEPTANCE OF ARTS FOUNDATION OF CAPE COD GRANT Upon motion duly made and seconded it was: RESOLVED, that the Town Council hereby accepts the grant award in the amount of $2,000 from the Arts Foundation of Cape Cod. VOTE: Unanimous in favor 2008-079 - ACCEPTANCE OF FY08 TRAFFIC ENFORCEMENT GRANT Chief McDonald stated that Sgt McKenna wrote the grant.

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Upon motion duly made and seconded it was: RESOLVED, that the Town Council hereby accepts a Traffic Enforcement Grant award in the amount of $10,000 from the Governor’s Highway Safety Bureau. VOTE: Unanimous in favor 2008-080 - ACCEPTANCE OF FY08 STATEWIDE EMERGENCY TELECOMMUNICATIONS BOARD TRAINING GRANT Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a FY08 Statewide Emergency Telecommunications Board Training Grant award in the amount of $26,100.00 from the Executive Office of Public Safety. VOTE: Unanimous in favor At this point, Attorney Weil explained to the councilors that the rules of the council are silent on the number of reconsiderations allowed per item. Upon motion duly made and seconded it was voted to go into Executive Session for the purpose of discussing land acquisition at 11:10 p.m. with the intend to come back into open session at the conclusion of said Executive Session. VOTE: Roll Call – 12 Yes 1 No *EXECUTIVE SESSION* At 11:36 p.m. the Town Council reconvened. LATE FILE 2008-083 – COMMUNITY PRESERVATION FUND APPROPRIATION AND TRANSFER TO ACQUIRE .95 ACRES MORE OR LESS FOR OPEN SPACE, ASSESSORS MAP 311, PARCEL 042 AND ASSESSORS MAP 311, PARCEL 024 Upon motion duly made and seconded it was voted to refer the above item to a public hearing to be held on Feb. 7, 2008. VOTE: Majority in favor ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at 11:38 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

TOWN OF BARNSTABLE TOWN COUNCIL MEETING

February 7. 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, February 7, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, James Crocker, Jr., Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. Absent: Ann Canedy, Frederick Chirigotis and Henry Farnham. President Joakim led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT

• Mark Raymond, Chairman, and Robin Pitera, both representing the Barnstable Youth Commission reported on the group’s activities which included Peace Week, No Place for Hate, monthly forums at the high school, and Youth Mall Night. In addition, the group is producing television program on Channel 18, to “get the word out about what youth are doing.” They are looking for new members, will try to attend more council meetings, and continue to work on projects that enable youth to become more involved in their town.

• Lynne Poyant, Director of Community Services, recognized Sally Imes, Youth Program

Coordinator, thanking her for her efforts on behalf of the youth.

• Frank Paparo, concerned about the potential for a serious accident, spoke about the town fixing the flooding condition at Taramac Road off of Lumbert Mill Road. The roads were built with substandard drains that are a foot or two deep but don’t go anywhere. Takes 2 minutes of rain to flood the road.

• John Alden spoke about the possible expansion of airport parking at the rotary, which he feels

is not needed given an empty lot elsewhere on the airport property, and the need for yet another electronics store in that area.

COUNCIL RESPONSE TO PUBLIC COMMENT

• Councilor Curtis explained that residents who live on private roads can get information from the DPW on the town’s private road repair policy. If 51% of the owners are interested, the town can assist to have the road repaired. President Joakim related her experience with repairs to her road. She and the neighbors pitched in to have a drain near her home repaired. Her neighbors also worked together to put up stop signs to avoid speeding in a straightaway.

• Councilor Barton congratulated the Youth Service Coordinator for her efforts in the last year.

She also thanked Mark and Robin.

• Councilor Munafo feels the addition of Circuit City and the purchase of the Chili’s Restaurant parcel by the town shows the town is being proactive in these matters.

• Councilor Tobey said the Rotary Task Force Committee had a meeting today to address the

rotary issue. A public meeting is coming up and questions will be addressed. ACT ON MINUTES Upon a motion duly made and seconded it was voted to approve the minutes of January 17, 2008. VOTE: Unanimous

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COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• Councilor Tobey announced the 3-day open house at the Heritage Zion Union Museum the weekend of Feb.29, Mar. 1 and 2.

• Councilor Milne announced the next meeting of the Cape Cod Selectmen and Councilors

meeting. He also commented on the candor Councilor Barry expressed in his recent newspaper column.

ORDERS OF THE DAY OLD BUSINESS 2008-057 AMENDMENT TO ZONING ORDINANCE – SENIOR CONTINUING CARE RETIREMENT COMMUNITY OVERLAY DISTRICT Councilor Tobey made a motion, which was seconded, to continue this joint public hearing to Feb 28, stating that there were too many councilors absent this evening and it would be unfair to exclude them from the discussion and vote. He suggested councilors with questions could contact the Planning Board individually. Councilor Curtis said it may be worth at least having some discussion to have some questions by councilors and the public answered. This could clarify issues and help in deliberations. Councilor Munafo said, in light of the absences, a charter objection would be in order if this is brought to a vote tonight. Councilor Barton suggested that people present in the hall who intended to speak should have that opportunity. Councilor Milne suggested addressing how much time was left on the legal clock. President Joakim recessed the meeting at 7:28 PM to determine how much time was left to act within the current public hearing. The meeting reconvened at 7:38 PM. Councilor Tobey made a motion which was seconded to amend Item 2008-057 by striking the existing Section 240-29 and replacing it with the text entitled “Substitute Text recommended by the Barnstable Planning Board as introduced on 2/07/08. Councilor Curtis asked for a clarification of what this amendment was amending. Steve Shuman, Planning Board, explained that this version dated 2/07/2008 was amending only the ordinance that is on the books, not any other proposed amendment. Planning Board Members Present: Steve Shuman, Felicia Penn, Raymond Lang and David Munsell. Shuman made a motion, which was seconded, to open the public hearing. VOTE: Unanimous President Joakim made a motion, which was seconded, to reconvene the public hearing. VOTE: Unanimous

• Bill Cronin was concerned about the affordable units not having the same benefits as the market-rate ones. All affordable units will have to be located in Hyannis due to the requirement for sewers. This would not promote the development of affordable housing in each village, since not all villages have sewers. He feels it is elitist.

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• Al Baker agrees that it is treating people differently and the public should have the up-to-date

document to review. Shuman explained that this is an amendment to the SCCRCOD already on the books that allows the affordable units to be off-site. The new substitute text is generic, not site specific, the verbiage has been cleaned and made easier to understand. Builders can have these developments with off-site units if the number of off-site units is increased by 20%, over the 10% requirement, or 12% total. It is also not necessary for the off-site units to have sewers or a minimum acreage.

• Laura Shufelt said the Housing Committee is advocating for 15% (or 50% more) off-site units

due to the lack of amenities. A motion was made and seconded to continue the public hearing to February 28, 2008. VOTE: Unanimous A similar motion was duly made and seconded by the Planning Board. VOTE: Unanimous 2008-076 AMENDMENT TO GENERAL CODE CHAPTER 76 – SCHEDULE OF FEES Upon a motion duly made and seconded it was voted to open a public hearing at 8 PM. VOTE: Unanimous Town Manager John Klimm gave the rationale. The last time these were amended was in 2004. At that time the Council felt fees needed to be reviewed regularly to meet the increase in the true cost of providing the services. Upon a motion duly made and seconded it was voted to close the public hearing at 8:02 PM. VOTE: No objection

• Councilor Munafo feels a 2.5% increase seems reasonable.

• Councilor Milne asked if the 2.5% was across-the-board. Thomas Geiler, Director of Regulatory Services, said they shoot for across-the-board level increases but that may not happen when the state sets artificial caps. When the state lifts them, the fees may go up quite a bit. The lower-end fees, for small homeowner projects and the like, have not been changed.

• Councilor Crocker asked about the price scheduling for services provided out-of-town. Geiler

said these increases have been included and the out-of-town fees are equal or greater that the comparable local fees.

2008-076 AMENDMENT TO GENERAL CODE CHAPTER 76 – SCHEDULE OF FEES Upon a motion duly made and seconded it was ORDERED, that Chapter 76 of the General Code of the Town of Barnstable is hereby amended by deleting the current Chapter 76 language and replacing it with the following language. (See current fee/proposed fee comparison chart attached to the agenda summary.) SCHEDULE OF FEES ARTICLE I RETENTION OF FEES BY GOLF PRO [Adopted 5-21-1992 (Art. XX of Ch. II of the General Ordinances as updated through 7-7-2003)] § 76-1. Amount allowed to be retained. Not withstanding the provisions of any other ordinance of the Town to the contrary, the golf professional and the assistant golf professional at the Barnstable Municipal Golf Course is hereby authorized to retain, as part of their official compensation, in addition to their salaries, the following amounts: for the golf professional, fees not in excess of 10% of his/her base pay annually; for the assistant golf professional, fees not in excess

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of 25% of his/her base pay annually. When fees charged and received for golf instruction exceed the percentages noted, the Town shall retain such receipts. ARTICLE II Schedule of Fees [Adopted 5-6-2004 by Order No. 2004-066 (Art. XIII of Ch. II of the General Ordinances as updated through 7-7-2003)] § 76-2. Schedule adopted. The following Schedule of Fees shall be in effect in the Town of Barnstable. § 76-3. Weights and Measures annual fees (MGL C. 98, s 56).

Description Fees

1 – 3 4 or more Scale with capacity over 10,000 lbs. $250 $225 Scale with capacity 5,000-10,000 lbs. $135 $110 Scale with capacity 100-5,000 lbs. $ 80 $ 70 Scale with capacity less than 100 lbs. $ 50 $ 45 Weights (each) $ 8 $ 6 Liquid measures $ 30 $ 30 Liquid measure meters ----- ----- Lubricant meters $ 50 $ 45 Motor fuel meters $ 50 $ 45 Vehicle tank meters $110 $100 Vehicle tank meter gravity $175 $150 Bulk storage tank meter $175 $150 Mechanical pumps, each stop $ 10 $ 10 Taxi meters (semi-annually) $ 55 $ 50 Commercial odometer – hubodometer $ 55 $ 50 Leather measure $175 $150 Dry measure, one bushel or less $ 85 $ 85 Dry measure, more than one bushel $120 $120 All other measuring devices $125 $125 Rope, wire or chain measuring devices $ 25 $ 20 Reinspection fee (after official rejection) $ 95 $ 95

§ 76-4. Miscellaneous licenses and permits. [Amended 6-1-2006 by Order No. 2006-128] MGL C./Section Description Fees

101, § 33 Temporary license to sell for charitable purposes $ 10 138, § 30A License for pharmacist to sell alcoholic beverages $2,000 140, § 2 Licenses for inns and restaurants $ 100 140, § 21B License to serve nonalcoholic beverages $ 100 140, § 32B License for mobile home parks $ 50 140, § 32B License for motels $ 50 140, § 34 License for lodging house $ 50 140, § 49 License for vehicle for sale of food $ 250 140, § 56A License for shooting gallery $ 100 140, § 59 Auto dealer license $ 150 140, § 177A License for automatic amusement devices $ 100 140, § 183A Entertainment annual $ 250 140, § 183A Entertainment daily $ 25 140, § 1851 License for fortune tellers $ 250 140, § 192 License for rental boats (freshwater) $ 100 License to store hazardous materials $ 100 Septic system inspection filing $ 25 Board of Health request for variance $ 85 Application fee – licenses and permits $ 100

§ 76-5, License to store inflammables. Description New Permit Annual Permit

1 – 500 gallons or 4,000 pounds $ 45 $ 0.00 500-999 gallons or 8,000 pounds $ 45 $ 22.50 1,000 – 4,999 gallons or 40,000 pounds $ 75 $ 37.50 5,000 – 9,999 gallons or 80,000 pounds $105 $ 52.50 10,000 – 29,999 gallons or 240,000 pounds $135 $ 67.50 30,000 – 99,999 gallons or 800,000 pounds $165 $ 82.50

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100,000 – 199,999 gallons or 1,600,000 pounds $240 $120.00 More than 200,000 gallons or 1,600,000 pounds $330 $165.00

§ 76-6. Building, sign, wiring, plumbing and gas permit fees. Building Permits Description Fees

Residential (R03, R-4 Use Groups) New Buildings Application fee $100 Permit fee $5.10 per $1,000 of construction value Additions, alterations/renovations Application fee $50 Permit fee $5.10 per $1,000 of construction value $25 minimum Commercial and all other use groups New Buildings Application fee $150 Permit fee $9.10 per $1,000 of construction value Additions, alterations/renovations Application fee $100 Permit fee $9.10 per $1,000 of construction value; $50 minimum Permit fee for all other structures (not specified) $9.10 per $1,000 based on actual value; $100 minimum

Plumbing Permits Description Fees

Residential, per unit $ 40/first fixture plus $12 each additional fixture Commercial, per unit $ 60/first fixture plus $15 each additional fixture

Gas Permits Description Fees


Electrical Permits Description Fees

Residential New construction per unit $150 Additions/renovations Less than 500 SF $ 25 Greater than 500 – 1,500 SF $ 50 Greater than 1,500 SF $100 Minor alterations/appliances $ 25 Change of service/meter $ 30 Accessory structures (garage, barn, etc., excluding separate meter) $ 30 Temporary service $ 30 Meters per unit $ 30 Smoke detectors/alarms $ 30 Commercial New construction per unit $200+$25 per 1,000 SF greater than 4,000 SF Additions/renovation Less than 1,000 SF $ 75 Greater than 1,000-2,500 SF $100 Greater than 2,500 SF $150 + $25 per 1,000 SF greater than 4,000 SF Minor alterations/appliances, etc. $ 25 Change of service/meter $ 40 Temporary service $ 30 Signs $ 25 Carnivals/fairs 1-10 concessions/rides $ 50 10 concessions/rides $ 100

Signs Description Fees

Under 25 SF $ 50 Over 25-50 SF $ 75 Over 50-75 SF $150 Over 75 SF $200

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Miscellaneous Permits and Fees Description Fees Accessory building: all use groups Greater than 120 SF – 500 SF $ 35 Greater than 500 SF – 750 SF $ 50 Greater than 750 SF – 1,000 SF $ 75 Greater than 1,000 SF – 1,500 SF $100 Greater than 1,500 SF Same as new building permit based on actual cost Change of permit holder $ 25 Pre-building code structure, certificate of occupancy $ 75 Change of use permit (no construction) $ 25 Foundation permit (separate from building permit for cause only) $ 25 Zoning compliance certificate (lots/existing uses/structures $ 50 minimum + research time Reinspections (for work not ready for inspection, incomplete work or failure of inspectors to gain access to premises)

$100

Removal of stop-work order $ 50 Replacement of lost permit inspection cards $ 50 Chimney/fireplace (new and reconstruction) $ 25 Certificates of inspection $10 increase CMR 780 Table 106 $ 50 minimum Permit renewals First renewal $ 50 Second renewal (for cause only) $ 75 Inground swimming pools $125 Aboveground swimming pools $ 75 Decks, open porch $ 60 Relocation/moving (includes new foundation) $250 Demolition Residential principal buildings ($4.10 per $1,000 of construction value) Minimum $125; ($5.10 per $1,000 of construction value) Accessory buildings $ 50 Commercial buildings ($8.10 per $1,000 of construction value) ($9.10 per $1,000 of construction value) Home occupation (no construction) $ 25 Pre-permit plan review (one and two family) $ 75 Temporary residential certificate of occupancy (for cause only) $ 75 Residential certificate of occupancy $ 25

Miscellaneous Permits and Fees (CONT’D)

Description Fees Temporary commercial certificate of occupancy (for cause only) $ 75 Commercial certificate of occupancy $ 75 Pre-permit plan fees $100 Site plan (fees) Project construction cost under $5,000 $100 $5,000 - $14,999 $200 $15,000 - $49,999 $250 $50,000 - $249,999 $350 $250,000 or more $500 Permit related to work begun prior to time allowed for acquiring permits under Building, Electrical, Plumbing and Gas Code

Two times permit cost

[Added 10-19-2006 by Order No. 2007-033] Express Permits Description Fees

Minimum $ 25 Residing/reroofing (residential) $ 5.10 per $1,000 of construction value Wood/coal stoves $ 25 Replacement windows $ 25 Sheds under 120 SF $ 25 Others (as determined by inspector) $ 25

Tents (See § 240-9D of Ch. 240, Zoning) Description Fees

Residential $ 25 Fund raiser/special event/nonprofit agency $ 25 Commercial (temporary accessory structure) $100 Organized and supervised recreational camp (special permit required) $ 50

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§ 76-7. Newsracks. [Amended 1-20-2005 by Order No. 2005-0381] For a permit or renewal of a permit for newsracks pursuant to § 130-5: $50 § 76-8. Outdoor business licenses. [Amended 1-20-2005 by Order No. 2005-038] Description Fees

For outdoor business licenses pursuant to § 141-6: A. Annual fee $400 B. When issued after October 15: $200 C. For charitable organizations (special license): $ 25

§ 76-9. Tourist camps. [Amended 1-20-2005 by Order No. 2005-038] Description Fees

For tourist camps pursuant to § 217-4: A. Permit: $ 10 per tourist camp B. Renewal fee: $ 10 per tourist camp

VOTE: 10 Yes (Roll Call) 2008-083 APPROPRIATION & TRANSFER ORDER COMMUNITY PRESERVATION FUND – OPEN SPACE Upon a motion duly made and seconded a public hearing was opened on this item at 8:10 PM. VOTE: No Objection Manager Klimm explained, that there has been lengthy community debate regarding development in this area. The town cannot support any additional development that would increase traffic to this very high traffic area. Taking the former Chili’s out of development will be an advantage. Since half the funding is from private sources some of it can be used with flexibility, while the CPC portion is designated for CPC purposes. The funding can be used to remediate the airport parking and the traffic problem. Laura Shufelt gave additional information relating to the importance of the location. (See Exhibit A – aerial photo) Oliver Cipollini said the Commonwealth should get involved in this project, as it did to remove the Sagamore Rotary, since Route 132 is a state road. Upon a motion duly made and seconded the public hearing was closed at 8:40 PM. VOTE: No Objection Councilor Munafo asked about the caveats. There is a signed P & S between the property owner and the purchaser. The town would be a nominee if the funds are approved. A portion of the two lots must be kept open; another portion would be available for improvements since they were not from CPC funds. The state could take them by eminent domain down the road and reimburse the town the fair market value. Councilor Curtis asked about the fiscal impact and the impact on the CPC. Use of property down the road is unclear. Klimm said the private developer is Berkshire Development. Schufelt reviewed what the impact on the CPC funds would be with this funding. $1,844,000 would be left unrestricted if all the items were funded. Finance Director Mark Milne added that taxes coming off the tax rolls would be distributed to all other taxpayers, not lost. Councilor Crocker recognized the opportunity that this will reduce the trip generation of two restaurants and an insurance agency to that of a retail trip generator. This is a tremendous decrease and the effort should be commended. A sketch plan would accompany the deed to identify the pieces and who purchased them. Funds from an eminent domain taking would be directed to the CPC. Manager Klimm said his position with state is that the town needs and expects millions from the Commonwealth of Massachusetts.

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2008-083 APPROPRIATION & TRANSFER ORDER COMMUNITY PRESERVATION FUND – OPEN SPACE Upon a motion duly made and seconded it was ORDERED, that the sum of Eight Hundred and Eighty Thousand ($880,000.00) and No/100 Dollars be appropriated and transferred from the amount set aside for open space acquisitions under the Community Preservation Fund on June 21, 2007 under agenda item number 2007-162 for the acquisition and creation by the Town of open space and recreation land and interests in land on a portion of the property shown on Assessors Map 311, Parcel 042 consisting of 0.72 acres more or less and on Assessors Map 311, Parcel 024 consisting of and 0.23 acres more or less and that the Growth Management Department is authorized to contract for and expend the amount appropriated for purposes of acquiring and creating such open space on a portion of the properties to be acquired provided that not less than $800,000.00 in matching funds is irrevocably committed for acquisition of the remaining portion for municipal purposes which are hereby authorized to be accepted as well as any other gifts or grants in relation thereto. VOTE: 10 Yes (Roll Call) NEW BUSINESS 2008-084 GRANT ACCEPTANCE – BARNSTABLE COUNTY LAND MANAGEMENT GRANT GRASSLAND RESTORATION AT BRIDGE CREEK Upon a motion duly made and seconded it was RESOLVED & ORDERED, that the Town Council hereby accept a Barnstable County Land Management Grant in the amount of $3,000 with the local match of $3,500.00 to be provided through the Conservation Division Land Management line item with in-kind services, to restore 2 acres at Bridge Creek Conservation Area in West Barnstable to grasslands by removing invasive Multiflora Rose, Shrub Honeysuckle, Bittersweet, Autumn Olive and in addition small cedars and small cherry trees, by mechanical means. Manager Klimm gave the rationale. Councilor Crocker asked if the local match will cause budgetary issues. Director Geiler said it would not. He will use Americorps and staff who will be out working in the area anyway. VOTE: Unanimous 2008-085 GRANT ACCEPTANCE - $5,000 FROM CAPE COD FIVE CENTS SAVINGS BANK CHARITABLE FOUNDATION FOR SENIOR CENTER Upon a motion duly made and seconded it was RESOLVED, that the Town of Barnstable hereby accept a grant in the amount of $5,000 for the Barnstable Senior Center to support the Care for Caregivers Project. Town Manager Klimm gave the rationale. VOTE: Unanimous 2008-086 GRANT ACCEPTANCE - $4,000 FROM FRIENDS OF THE SCHOOLHOUSE FOR MEALS AT THE ADULT SUPPORTIVE DAY PROGRAM Upon a motion duly made and seconded it was RESOLVED, that the Town of Barnstable hereby accepts a grant in the amount of $4,000 to support the ongoing provision of meals at the Adult Supportive Day Program. Madeline Taylor, Acting Director of the Senior Center, gave the rationale. VOTE: Unanimous

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2008-087 GRANT ACCEPTANCE - $1,000 FROM IBM CORPORATION FOR TRANSPORTATION SERVICES TO ELDERS Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby accept a grant in the amount of $1,000 from the IBM Corporation to support the ongoing provision of transportation services to local elders and authorize the expenditure of monies for that purpose. Director Taylor gave the rationale. This grant was made available through a volunteer who had been an employee of IBM. She would like to spend a few hundred dollars for a GPS to help the volunteer bus drivers find the various streets in town. Councilor Milne thanked the Senior Center staff, and Rose DiGregorio, in particular, for her efforts on transportation issues. VOTE: Unanimous President Joakim recused herself from participating on this item. Councilor Rugo assumed the chair. 2008-088 APPOINTMENTS Upon a motion duly made and seconded it was voted to suspend the rule and take up the item this evening VOTE: Unanimous 2008-088 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: BARNSTABLE ECONOMIC DEVELOPMENT COMMISSION Amanda Converse, 558 Lumbert Mill Road, Centerville, MA 02632, to a term expiring 6/30/10 COUNCIL ON AGING Paul R. Curley, 27 Lancaster Way, West Barnstable, MA 02630, to a term expiring 6/30/10 Thomas F. Pelish, 72 Brant Way, Hyannis, MA 02601, to a term expiring 6/30/10 L. Helen Stretch, 114 Baxter Road, Hyannis, MA 02601, as an alternate to a term expiring 6/30/10 SHELLFISH ADVISORY BOARD Gerard Ganey, 65 Tracey Road, Cotuit, MA 02635 to a term expiring 6/30/09 WATERWAYS COMMITTEE Steven R. Swain, 414 Phinney’s Lane, Centerville, MA 02632, to a term expiring 6/30/08 VOTE: Unanimous President Joakim assumed the chair. 2008-089 AMENDMENT TO ZONING ORDINANCE – CHAPTER 240 ARTICLE XI, GROWTH MANAGEMENT Upon a motion duly made and seconded this item was referred to a joint public hearing with the Planning Board on February 28, 2008. VOTE: 8 Yes, 2 No (Curtis, Joakim) 2008-090 AMENDMENT TO ZONING MAP – 2008-1 SENIOR CONTINUING CARE RETIREMENT COMMUNITY OVERLAY DISTRICT

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Upon a motion duly made and seconded this item was referred to a joint public hearing with the Planning Board on February 28, 2008. VOTE: 8 Yes, 2 No (Curtis, Joakim) TOWN MANAGER COMMUNICATIONS

• Manager Klimm recognized Jim Munafo for his behind the scenes help in encouraging communication between the town and the Hyannis Fire District.

• He clarified the issue of spending public funds for legal services. In order to defend the Town Clerk, who was being sued by a member of the town’s legislative body, the town could not utilize the services of the Town Attorney to defend one part of the town against another. There fore, the legal services had to be provided by an outside attorney.

Councilor Milne asked the council to consider sending a letter to the Governor asking him to return to his budget a $1.5M line item that had historically funded the RTA. A motion was duly made and seconded to send such a letter. VOTE: Unanimous Councilor Munafo said the success of discussions with the fire district was a joint effort including the fire district and the water board. Upon a motion duly made and seconded it was voted to adjourn the meeting at 8:55 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk


February 28, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on February 28, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., and Harold Tobey. The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. Arts Foundation of Cape Cod Executive Director, Lisa Hergenrother introduced the AFCC Annual Calendar of Events for 2008 Gail Dunford and Lisa Hergenrother gave a PowerPoint presentation on the Arts Foundation and thanked the town for their on-going collaborations.

o They hold a yearly conference. o She highlighted various collaborations. o Work on Arts Education yearly competition; arts survey, exhibits, offer

grants, etc. o Work on concerts in Hyannis and Osterville – hope to have county

wide concerts this year. Pops by the Sea is the largest. o Multi-community arts festivals will be held in fall of 2008 in 3

communities – Barnstable being one of them. o Arts do make an economic impact

www.artsfoundation.org is the webpage and you can sign up for their weekly email. President Joakim announced that 2008-068 will be withdrawn – no public hearing will be held on 2008-091 until March 6. PUBLIC COMMENT

Donna Deflorio spoke in favor of the overlay district to protect the shellfish. Andre Sampou stated many papers have been written on the detrimental

impact of piers. He gave the council additional handouts by experts in the field.

Mary Clemmons had collected signatures on holding an open meeting. Carol Horgan noted the tax bill and the design and positive aspects of it. John Julius addressed the open meeting petition and asked for the meeting

to be set quickly. Matt Ostrowski said if all the people want something shouldn’t you vote with

the people instead of your personal agenda.

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Dave Barry encouraged all to respect each other. Vote your conscience. He explained the wetlands protection act; it was to protect the fisheries, the wildlife habitat and the shellfisheries.

Fred Dempsey hopes for a better conclusion on the shellfish issue. Al Baker welcomed Tom Lynch as the Assistant Town Manager. Bob Lucent apologized for any past behavior; he wants the shellfish overlay.

We are losing our coastal wetlands and shellfisheries. Lenny Clark said we need the overlay to help protect our shellfish resources.

The propagation program is futile without the overlay area to protect it. Gerard Ganey from Cotuit – noted that the town has in their laws the goal

to protect shellfish. RESPONSE TO PUBLIC COMMENT

Councilor Crocker noted the shellfishing concerns and various reports on the issue. He discussed the conservation restrictions and the guidelines and protections in effect that do protect the shellfish.

Councilor Barry noted the lack of being able to get scallops and oysters; they are few and far between.

Councilor Canedy suggested reading another report from Sandra Macfarlane who was instrumental in the Pleasant Bay study which resulted in more restrictive ordinances than what is proposed for Barnstable in Chatham, Orleans and Harwich..

Councilor Milne feels the shellfish issue is backed by the public, is reasonable and makes sense. Wants both shellfish items pushed to the 6th of March. Citizen activism should be encouraged. What is the response to the citizen petition? (President Joakim stated there will be information at the March 6th meeting.

Vice President Chirigotis did a lot of shellfish research as well. He thanked the speaker who talked about respect.

ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of February 7, 2008. VOTE: 10 Yes 3 Abstain (were not at meeting.) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS President Joakim welcomed new Assistant Town Manager Tom Lynch.

Vice President Chirigotis, and Councilor Canedy made announcements about an upcoming meeting hosted by Hyannis Access Task Force.

Councilor Tobey announced the preliminary viewings of the Cape Verdean/Black History Museum this coming weekend at the former Zion Church.

Councilor Munafo noted new lights on Main Street and the official “lighting”. He asked about chlorine in the water. Mark Ells, Director of Public Works, said that we are still putting in chlorine until we are told that we can stop.

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They are evaluating the tank. Munafo asked about stronger chlorine at different times. Ells said we have had 8 calls since November. Ells wants to know the location of those households with concerns.

Councilor Farnham said the Charter Commission members will be meeting with Barnstable and West Barnstable shortly.

Vice President Chirigotis also announced an upcoming workshop on waterways.

Councilor Barton said the school committee is still working on the budget. Councilor Curtis announced the Charter Commission will also meet with

Marstons Mills. ORDERS OF THE DAY A. OLD BUSINESS 2008-057 - AMENDMENT TO ZONING ORDINANCE – SENIOR CONTINUING CARE RETIREMENT COMMUNITY OVERLAY DISTRICT - INTRO: 11/15/07, 12/06/07, 01/17/08, 02/07/08, 02/28/08 Upon motion duly made and seconded the council and the planning board both voted to go in to a continued public hearing for the purpose of discussing the above named item, at 8:16 p.m VOTE: Majority in favor by the Town Council: 12 Yes 1 No Majority in favor by the Planning Board: - 5 Yes Planning Members Present: Nancy Trafton, Patrick Princi, Steve Schuman, Ray Lang, David Munsell Councilor Curtis noted 2008-092 is very similar with the exception of small changes – she is confused. Planning Chair Schuman said tonight is the 90th day on the original SCCROD – so if no action is taken on it, it will disappear. 2008- 092 will be read if 2008-057 is not acted on. Attorney Weil gave legal clarification. Planning Board Member Schuman gave the history of the item again. He identified the amendments made regarding the affordable units and the placing of them off site. PUBLIC COMMENT

Al Baker is concerned about the future of this type of construction, and sewer connections for other similar developments.

Laura Shufelt from the Housing Committee asked that the off-site units be increased to 15%.

Councilor Munafo said any large development would need its own sewer system so those issues would be included in any sizable project.

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Councilor Canedy noted that storm water is also taken into consideration. Canedy gave a SCCROD history. Councilor Curtis noted this is a town wide ordinance. Curtis asked the planning board if this was appropriate for any size project – Schuman said yes. AMENDMENT: Upon motion duly made and seconded, Councilor Curtis made the following amendment: Second paragraph under 240-29.3 Description of District change to: “The number of required affordable units shall be increased to a number not less than 15% of the total proposed market units on site plus not less than 15% of any additional market rate units proposed off site.” AND – Under Section 240-29.10 Decision, Paragraph h. (last sentence) change to – “Nothing herein shall allow the Board to waive the minimum 15% off site inclusionary housing requirement. --- Councilor Curtis gave the rationale to include that it was the consensus of the Barnstable Housing Committee that 15% better reflects the goal of the Town of Barnstable in meeting the housing needs for our community. Councilor Munafo and Farnham felt the increase in the article was sufficient. Increasing the number of units 50% more might make it not feasible. Councilor Milne noted that the Housing committee had recommended that it be 15%. Councilor Munafo said it does say not less than 12% - so you could go to 15%. – He feels the amendment is not necessary. If you go to 15% you can’t lower it. Ray Lang said one thing we got from the villages was they were in favor of affordable housing but they wanted some control over it. This provides a tool and a help to implement this. Upon motion made by Councilor Crocker and seconded it was voted to move the question on the amendment: VOTE: 13 Yes to move. VOTE ON AMENDMENT: 6 yes 7 no – amendment defeated. Upon motion duly made and seconded by the Town Council members present and the Planning Board members present, it was voted to go out of the public hearing. VOTE: Majority in favor by the Town Council Majority in favor by the Planning Board PLANNING BOARD REPORT: 5 members moved that this item should be adopted. Upon motion duly made and seconded it was ORDERED: SECTION 1

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That Chapter 240, Article III of the Zoning Ordinance, Section 240-29, Senior Continuing Care Residential Community Overlay District, is amended to read as follows: 240-29 Senior Continuing Care Retirement Community Overlay District - SCCRCOD 240-29.1: Purpose: The purpose of this section is to encourage the development of residential communities designed to offer shelter, convenience, services and personal medical care, including nursing facility services, to senior persons while providing adequate and economical provision of streets, utilities and public spaces and preserving the natural and scenic qualities of the open areas. These facilities shall offer a continuum of care, ranging from independent living to assisted living and nursing home care that reflects the changing needs of their residents. 240-29.2: Definitions: As used in this §240-29, the following terms shall have the meanings indicated: Applicant: The person or persons, including a corporation or other legal entity, who applies for approval of a Senior Continuing Care Retirement Community Overlay District (SCCRCOD) hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed SCCRCOD, or have authority from the owner(s) to act for the owner (s) or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site. Assisted Living Units: Residential living units in which supportive services are offered for individuals who need assistance in activities of daily living. Building Height: Building height shall be measured as the vertical distance from the grade plane to the average height of the highest roof plane that also has the highest ridge line. Building Story: The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Continuing Care Retirement Community: A facility which may include a wide range of housing types including studio, one, two, and three, bedroom apartments, townhouses, duplexes, clusters or single family homes and which offers a continuum of services ranging from in-home services to on-site nursing home care. The facility shall include independent living units, assisted living units and skilled nursing home facilities. The facility may include accessory uses for the benefit of the residents which accessory uses are subordinate and incidental to the Continuing Care Retirement Community as determined by the Town of Barnstable Planning Board. Other than nursing home beds, the facility shall meet

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the Town’s Inclusionary Ordinance, Chapter 9 of the Barnstable Code, requiring that 10% of the units be affordable as “affordable” is currently defined under Chapter 9, with the exception that required affordable units may be provided off-site. In the event that off- site units are allowed, the applicant shall provide such units in accordance with § 240.29.3 below. Grade Plane: A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. The reference plane shall be established by using the lowest points of grade within the area between the building and a point six feet from the building. Senior Person: Person aged 55 or older or in the case of a couple, one spouse must be over the age of 55. It may include a developmentally disabled adult person under the age of 55. Special Permit Granting Authority: For the purposes of this section, the Barnstable Planning Board shall be the Special Permit Granting Authority. Nursing or Convalescent Home: Any dwelling or building with sleeping rooms for people who are housed or lodged with meals and nursing care for hire, as licensed by the Massachusetts Department of Public Health under MGL c 11 par. 71-73 as amended. Visitability: Visitability shall mean that a dwelling unit has no steps between the exterior walking surface adjacent to the unit and the interior primary floor level of the unit; that at least on egress door to the unit be at least 3’0” wide; that all primary floor passage doors in the unit are at least 2’8” wide; and that at least one toilet room be located on the primary floor of the unit. 240-29.3: Description of District: The SCCRCOD is an overlay district that allows a continuing care retirement community as a use by special permit and which overlay district may be superimposed on any parcel(s) of five (5) acres or more of contiguous upland in any zoning district deemed appropriate as determined by the Town of Barnstable Planning Board. Where the SCCRCOD authorizes uses not otherwise allowed in the underlying district, the provisions of the SCCRCOD shall control. In the event that off-site affordable units are allowed, such units are not required to meet the definition of a Continuing Care Retirement Community but must meet the following criteria: The number of required affordable units shall be increased to a number not less than 12% of the total proposed market rate units on-site plus not less than 12% of any additional market rate units proposed off site. 240-29.4: Location: The SCCRCOD is to be shown on the Official Zoning Map of the Town of Barnstable. 240-29.5: Concept Plan: Prior to the rezoning of any property for inclusion in the SCCRCOD and as part of a petition for such rezoning, a schematic plan, called for purposes of this Section, a "Concept Plan", shall be filed by the applicant with the

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Planning Board for review at least twenty-one (21) days prior to a regularly scheduled meeting of the Planning Board. The Concept Plan shall be consistent with the provisions of this SCCRCOD ordinance. In deliberation on approval of a Concept Plan, the Planning Board shall give consideration to the Town of Barnstable Local Comprehensive Plan. The purpose of the Concept Plan is to ensure that the overall development scheme is consistent with Town policies and plans; adequately protects natural resources; provides safe traffic circulation consistent with the adjacent roadway network that also ensures adequate access to the development; and to ensure that the development is arranged to provide maximum protection of its residents from nuisance and hazard. 240-29.5.1: The Concept Plan shall include:

a. A schematic site development plan showing in general, the location and square footage of all proposed buildings, general site grading, parking, landscaping, roads, walkways and access ways, open space, wetlands, lighting and signage;

b. A general breakdown of building types: single family, two family, multi family and accessory structures, including total number of bedrooms for the entire development;

c. A schematic subdivision plan(s), if applicable; d. Specific floor plans, building plans or other detailed construction documents

are not required at the Concept Plan stage.

240-29.5.2: The Barnstable Planning Board will notify the public of the time and date of the public meeting on the Concept Plan. Thereafter, the Barnstable Planning Board shall determine that (i) the Concept Plan has been approved; or (ii) the Concept Plan has been approved subject to modifications; or (iii) the Concept Plan has been disapproved. The Barnstable Planning Board shall provide to the applicant in writing the reasons for any denial of approval of the Concept Plan. The determination of the Barnstable Planning Board of the approvability of the Concept Plan shall be the basis for a recommendation to the Town Council for the rezoning petition.

240-29.6: Map Amendment: In order to obtain approval of a SCCRCOD the applicant, after first having received a decision from the Planning Board on the approvability of its Concept Plan, must file a petition for the amendment of the Town of Barnstable Zoning Map for inclusion of the subject parcel(s) within the SCCRCOD. 240-29.7: Application for Special Permit. After successful rezoning of a SCCRCOD, an application for a special permit shall be submitted to the Planning Board within one year from the effective date of such rezoning. The Planning Board may grant extensions for the time of filing for a special permit as may be deemed appropriate due to the size and scope of the proposed development. The application for special permit shall be submitted on forms furnished by the Planning Board, accompanied by the following:

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a. A site plan in accordance with the Town of Barnstable site plan review regulations §§240-98 through 240-105 indicating the planned location of buildings and their use, off-street parking areas, driveways, easements, walks, the location, type and height of walls, and the extent of landscaping or other treatment for the protection of adjacent properties;

b. Building plans and elevations for all buildings and structures as may be required to fully describe the project.

c. A tabulation of the areas of the proposed site elements, (including footprints and gross floor area), including total number of buildings, number of bedrooms, accessory structures; parking structures and surface parking areas (square footage and number of parking spaces) and stormwater management areas.

d. Information pertaining to the proposed entity that is to manage the SCCRCOD and the type of operating agreement contemplated.

e. If a subdivision is proposed, then all documents as required for the subdivision shall be reviewed during the Special Permit process.

f. A narrative detailing the services to be provided to the residents and the staff to be employed to provide those services.

g. Description of all proposed accessory structures and uses. h. Building phasing schedule, if applicable. i. Description of any green building construction techniques being used

including a description of how maximum water and energy efficiencies will be achieved.

j. A landscape plan signed and stamped by a Massachusetts certified landscape architect.

k. Proposed signage, consistent with the requirements of the underlying zoning district.

l. Plans detailing provision for wastewater disposal. m. Description of any infrastructure improvements that may be necessary to

provide for the project. n. Additional information as may be required by the Planning Board as

reasonably necessary to making the determinations required by this section. 240-29.8: Joint Cape Cod Commission Review

a. Upon a determination by the Building Commissioner that an application for

site plan review for a development requiring a special permit under the SCCRCOD constitutes a Development of Regional impact (DRI) under Section 12(h) of the Cape Cod Commission Act, 1990 Mass. Acts, Ch. 716, a referral shall be made to the Cape Cod Commission, accompanied by a request that a joint review process of the proposed development be established between the Cape Cod Commission and the Planning Board.

b. The joint review process shall include joint hearings between the Planning Board and the Cape Cod Commission, as feasible.

240-29.9: Standards: In order to be eligible for consideration for a special permit, the proposal must contain parcels included in the SCCRCOD and shall meet all of the following standards:

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a. Compliance with Applicable Regulations and Standards: In the case of a

subdivision, all plans and development shall comply with all applicable standards of the Planning Board's Subdivision Rules and Regulations, including such waivers as may be granted by the Planning Board.

b. Bulk Regulations: For all lots within the SCCRCOD the minimum lot area shall be 217,800 sq. ft. of contiguous upland. For all lots and buildings within the SCCRCOD, the density, minimum lot frontage, property line and road layout setbacks, minimum building height and number of stories and minimum building separation requirements of the underlying zoning district shall apply unless the Planning Board finds that a waiver of any of those requirements is beneficial to create a SCCCRCOD which better preserves open space without creating adverse environmental or aesthetic impacts or facilitates the delivery of services to senior persons or provides benefits which outweigh any detriments or provides sufficient mitigation to offset impacts.

c. Parking: parking shall be provided as follows: SCCRCOD Uses Minimum Guest Space

Independent Living Dwelling Unit .75 per dwelling unit .5 per dwelling unit

Assisted Living Dwelling Unit .5 per dwelling unit .5 per dwelling unit

Skilled Care Facility .5 per bed .5 per bed Employee – Dwelling UnitAdministration

.75 per 5 dwelling units N/A

Employee – Skilled Care Facility .5 per bed N/A

d. Waiver of Parking Requirements: The Planning Board may waive the number of parking spaces required for the above listed uses upon a finding that the applicant has provided a parking demand analysis that adequately demonstrates alternate parking requirements for the proposed use or combination of uses.

e. Parking and Loading Design Standards.

1. Any above grade parking or loading facility should be screened from public view to the extent necessary to eliminate unsightliness. Screening shall consist of landscape materials, topographic feature, residential buildings or any combination of these. In the alternative the parking facility shall treat exterior walls with architectural features typical of the development it serves. Above ground, multi-level parking garages are discouraged.

2. Outdoor storage shall not be permitted. 3. These requirements are in addition to the parking and parking lot

landscaping requirements of the underlying zoning district.

f. Visitability The applicant shall provide that all of the dwelling units shall be visitable as determined by the SPGA.

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g. Design Standards:

1. All buildings in the layout and design, including landscaping, the placement of pedestrian sidewalks and parking, shall be an integral part of the development and have convenient access to and from adjacent uses.

2. Primary landscape treatment shall consist of a combination of indigenous grasses, trees and shrubs commonly found on Cape Cod and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Planting areas should be designed to serve as stormwater treatment areas often known as rain gardens.

3. Existing significant trees and natural vegetation shall be retained to the maximum extent possible. A minimum of one tree with a three-inch minimum caliper is required to be planted within the front setback for every 30 feet of frontage of property

4. All landscaped areas shall be continuously maintained, irrigated, and organically fertilized.

5. All stormwater shall be treated as appropriate and discharged on site and shall incorporate low impact techniques for stormwater discharge.

6. Minimum recommended light levels established by the Cape Cod Commission Technical Bulletin 95-001, DRI Standards and Submittal Requirements for Exterior Lighting Design shall apply. Site lighting, security lighting and architectural/landscape lighting shall provide illumination levels appropriate for the designed activity without exceeding minimum requirements

7. There shall be an adequate safe and convenient arrangement of pedestrian circulation facilities, sidewalks, roadways, driveways, off-street parking and loading space. Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

h. Impact Analysis: The applicant shall provide additional data and analysis requested by the Planning Board to enable the Board to assess the fiscal, community and environmental impacts of the proposed development. At its discretion, the Planning Board may impose reasonable fees upon the applicant for the hiring of outside consultants and the provisions of G.L. c. 44 §53G shall apply thereto.

240-29.10: Decision: The Planning Board may grant a special permit for a SCCRCOD where it makes the following findings:

a. The SCCRCOD complies with all applicable Subdivision Rules and Regulations, except as they may be waived by the Board;

b. The SCCRCOD does not cause substantial detriment to the neighborhood; c. The SCCRCOD is consistent with the Town of Barnstable Local

Comprehensive Plan; d. The SCCRCOD provides an effective and unified treatment of the

development on the project site making appropriate provision for

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environmental protection, the preservation of scenic features, sensitive habitat and other amenities of the site and the surrounding areas;

e. The SCCRCOD is planned and developed to harmonize with any existing or proposed development in the surrounding area.

f. The applicant has provided mitigation that sufficiently addresses the impacts of the SCCRCOD.

g. The SCCRCOD provides services which are tailored to the needs of senior persons and may include meals, housekeeping, transportation, health care services and personal care assistance and the benefits of the development for the residents and the community outweighs the detriments.

h. The SCCRCOD complies with the standards established in Sections 240.29.9 and 240.29.3 except as they may be waived by the Board based upon a finding that the waivers granted do not jeopardize health and safety and do not diminish environmental and aesthetic protections. Nothing herein shall allow the Board to waive the minimum 12% off-site inclusionary housing requirement.

240-29.11 Transferability: The special permit for the SCCRCOD shall be transferable upon the prior written approval of the Planning Board. VOTE: 11 Yes 2 No (No votes cast by Councilors: Curtis and Milne) Roll Call 2008-068 - CREATING A RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT - INTRO: 12/06/07, 01/17/08, 02/28/08 WITHDRAWN FROM THE AGENDA FOR THIS MEETING - CONTINUED TO MARCH 20, 2008. OLD BUSINESS 2008-077 - AMENDMENT TO THE ZONING ORDINANCE & ZONING MAP BY CREATING A MULTI-FAMILY AFFORDABLE HOUSING DISTRICT - INTRO: 12/20/07, 01/17/08, 02/28/08 Planning Board Chair Schuman said this item should be tied to a project. Councilor Curtis said if you look at the proposals – we should go to items: 2008-089, 2008-090 and then back to 2008-077. Shuman suggested that 2008- 090 should go first. Upon motion duly made and seconded, it was voted to go out of order and go to

2008-090. VOTE: Majority in favor. 2008-090 - AMENDED - SENIOR CONTINUTING CARE RETIREMENT COMMUNITY OVERLAY DISTRICT – APPLICATION FOR REZONING 2008-1 - INTRO: 02/07/08, 02/28/08

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The Council moved and seconded Councilor Chirigotis’ motion to accept the amended version of 2008-090 which adds in Section 1, the number “49” after the number “48”. VOTE: 12 YES Upon motion duly made and seconded it was voted by the members present of the Town Council and the Planning Board to go in to a public hearing for the purpose of discussing 2008-090. at 9:13 p.m. VOTE: Majority in favor by the Town Council Majority in favor by the Planning Board Councilor Curtis questioned the applicant giving the rationale instead of the staff. Therefore, Planning Board Chair Schuman stated that the board has received a retirement community application in town. The Planning Board accepted the plan. The second step is the re-zoning for the particular project , which is this item. Ed Pesce, Engineer, for the Lyndon P. Lorusso Charitable Foundation introduced the backup team including architects and managers. They gave a PowerPoint presentation on the continuing care retirement community proposal.

He described what a retirement care community is. He showed various photographs of other similar facilities . The parcel proposed is in-between the Mid-Cape Highway and

Independence Drive (25.9 acres) They explained the various utility usages. “The Village at Barnstable” will be made up of a number of different

buildings interspersed with courtyards and a common building. It is a project that will be phased in. There will be 510 beds in over the 340 units, some 1 and some 2 bedroom

units. The assisted living will be a 40 bed unit. The skilled nursing facility will be a 41 bed facility. There will be no impact to schools. Access is adequate. There is a minimal impact to town services, a net fiscal benefit to town, and

protection of natural resources. Councilor Barry asked about sewage gallons as far as daily use . He was told about 50,000 gallons daily, and stated that this type of facility normally has a lower daily use. Councilor Curtis asked about projections. - Harry Nash, one of the team of presenters, said this project will be completed over a number of years. We are at a preliminary design standpoint and when it goes further we will bring it forward. Curtis asked if it is pre-sale; he said about 60% will. Councilor Barton asked about emergency people being on site to respond to needs. Nash answered that the response will be by on-staff trained employees. He added that most people move into this type of unit at about 75.

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Chief Robert Crosby from the Barnstable Fire Dept. said he has met with the developers; and, he looks forward to continuing the process and working with them. Councilor Munafo asked about jobs on site – that information is not available as yet. Councilor Milne asked about a traffic analysis – Pesce said that will be minimal. He confirmed it was only at the concept plan stage – details will come later. Steve Mack said that $500,000 - $600,000 may be the net tax benefit to the town. Councilor Rugo asked if the carpentry workers are the only ones involved with union contracts – and the answer was yes. Patty Daley, Director of Growth Management, said Water Pollution Control (sewering) had anticipated growth and use from Independence Park. Mark Thompson, from the Lorusso Foundation said the foundation has a long history with the town. We did not want a lot of box stores in the park. We feel this will be a benefit to the town in many ways. Councilor Tobey noted the giving is far-reaching from the Lorusso Foundation including all towns on the Cape. Councilor Crocker asked about Communication Way and other design issues. (The road will be moved within the development), No figures are available on per unit costs as yet. Currently, there is a range of costs state-wide per unit of similar facilities of $300,000 - $1M. Minimum service packages are at least $1,500 a month for food etc. Mr. Schuman asked for an explanation about the affordability aspect of this project. The presenters stated that a two story structure will be constructed where the old Pavillion Nursing Home is now. It will house about 46 units with the hope of all units being affordable. There were various percentages discussed such as 30% Barnstable Municipal and Cape Cod Hospital employees, 55% BHS graduates, and 15% possibly elderly. There will be 1 and 2 bedroom units. Ray Lang noted that there are many similar questions that have come before the Planning Board that and have to be worked out. Attorney Ron Jansen said that by law, 70% of the units do have to be for residents of the town.

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Upon motion duly made and seconded it was unanimously voted by the members present of the Town Council and the Planning Board to go out of a public hearing on 2008-090 at 10:32 p.m.. VOTE: Majority in favor by Town Council Majority in favor by Planning Board PLANNING BOARD RECOMMENDATION: 4 recommended passages and 1 abstained Upon motion duly made and seconded it was voted to MOVE THE QUESTION; VOTE: Majority in Favor Upon motion duly made and seconded it was: ORDERED: That Chapter 240, Article II of the Zoning Ordinance is amended as follows: SECTION 1 By amending Section 240-6 the Zoning Map, to create a new overlay zoning district known as “SCCRCOD 2008-1” which includes the area shown on the reference map entitled “Senior Continuing Care Retirement Community Overlay District, 2008-#1”, dated January 29, 2008, prepared by the Town of Barnstable GIS Department, and more specifically shown on the Town Assessor’s Map 314 parcels 36, 37, 38, 44, 45, 46, 47, 48, 49 and Assessor’s Map 315 parcel 42. SECTION 2 By amending Section 240-5, Establishment of Districts, by adding under the heading “Overlay Districts” the term “SCCRC Senior Continuing Care Overlay District”. SECTION 3 Purpose: These amendments are adopted pursuant to and in furtherance of the provisions of Chapter 240, Article II of the Zoning Ordinance, Section 240-29, Senior Continuing Care Retirement Community Overlay District. VOTE: 11 yes 2 no (No votes by Councilors: Curtis and Milne) Roll Call 2008-077 - AMENDMENT TO THE ZONING ORDINANCE & ZONING MAP BY CREATING A MULTI-FAMILY AFFORDABLE HOUSING DISTRICT - INTRO: 12/20/07, 01/17/08, 02/28/08 Upon motion duly made and seconded it was unanimously voted by the members present of the Town Council and the Planning Board to go in to a public hearing for the purpose of discussing 2008-077 10:34 p.m.. VOTE: Unanimous in favor by Town Council Unanimous in favor by the Planning Board Steve Schuman explained the item.

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Patty Daley said that this could be utilized as off-site for the senior care or it could be a stand alone affordable housing. Laura Shufelt asked why this is spot zoning instead of an overlay district. Shuman said the applicant has to provide affordable units and re-zone the multi-unit facility in order to put it back to the legally existing use. The Planning Board is in support of that. Ron Jansen said this parcel was changed in use (use variance for nursing home) There was a use variance in place – this site was bought from Cape Cod Hospital and is in poor condition. The re-zoning allows it to pick up a use – multi unit instead of a nursing home. Upon motion duly made and seconded it was unanimously voted by the members present of the Town Council and the Planning Board to go out of a public hearing on 2008-077 at 10:42 p.m. VOTE: Majority in favor by the Town Council Majority in favor by the Planning Board PLANNING BOARD RECOMMENDATION: 4 in favor 1 opposed to approve Site plan review has been approached on this affordable site and this development will happen faster than the other major development. Upon motion duly made and seconded there was a vote to move the question. VOTE: Majority approved Upon motion duly made and seconded it was voted to approve the following: ORDERED:

MULTI-FAMILY AFFORDABLE HOUSING ZONING DISTRICT Section 1. That Chapter 240, Article III of the Zoning Ordinance, is amended by adding a new Section 240-16.1 Multifamily Affordable Housing Zoning District as follows: 240-16.1. MAH Residential District.

A. Purpose. The purpose of this section is to authorize by special permit privately initiated affordable housing by for-profit or not-for-profit organizations that:

(1) Provide for residential development in a manner that is consistent with existing neighborhood development in terms of density and housing types; and

(2) Authorize an increase in the permissible density of housing in a proposed development, provided that the applicant shall, as a condition for the grant of said special permit, provide housing for persons of low or moderate income.

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B. Principal permitted uses. The following uses are permitted in the MAH District:

(1) Single-family residential dwelling (detached).

C. Special Permit uses. For the purposes of this section, the Planning Board shall be the Special Permit Granting Authority. The following uses are permitted as conditional uses in the MAH District, provided a special permit is first obtained from the Planning Board subject to the provisions of § 240-125C herein and subject to the specific standards for such special permit uses as required in this section: (1) Multi-family affordable housing developments connected to the

municipal sewage collection system.

D. Bulk regulations. For developments within an existing structure previously used as a nursing or convalescent home, yard setbacks shall be the setback to the existing building footprint or the setbacks stated above, whichever is less. 2 Height shall be measured from the grade plane to the plate.

E. Density requirements. The total number of residential units allowable within a multifamily affordable housing development shall not exceed 8 per acre of upland; provided, however, that within the redevelopment of an existing structure previously used as a nursing home or convalescent home which is 100% affordable, the total number of residential units allowable shall not exceed 16 per acre of upland.

F. Affordable units. At least 25% of the dwelling units shall be affordable units,

subject to the following conditions: (1) All affordable units shall remain affordable, as defined herein, in

perpetuity. An affordable housing deed rider shall assure this condition. The deed rider shall be structured to survive any and all foreclosures.

(2) The continuing enforcement of the affordable housing deed rider through subsequent resale of the affordable units shall be the subject of a monitoring agreement.

Minimum Yard Setbacks (feet)1

Zoning District

Minimum Lot Area(square feet)

Minimum Lot Frontage(feet)

Minimum Lot Width(feet) Front Side Rear

Maximum Building Height(feet)2

MAH 87,120 200 — 60 30 30 30

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(3) The affordable housing deed rider and the monitoring agreement shall be drafted in compliance with 760 CMR 45.00 Local Initiative Program (LIP) and guidelines promulgated thereunder. The affordable housing deed rider and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town Attorney's office prior to the issuance of any building permits for any dwelling unit.

(4) The affordable unit shall conform to all Department of Housing and Community Development (DHCD) standards that must be met to qualify these units for inclusion in the DHCD Subsidized Housing Inventory (SHI).

(5) A right of first refusal upon the transfer of such affordable units shall be granted to the Town or its designee for a period not less than 120 days after notice thereof.

(6) Affordable units shall not be segregated within the MAHD. The affordable units shall satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00, with regard to distinguishability from market rate units (with the exception that development under this section providing off-site inclusionary housing in conjunction with a senior continuing care retirement community shall not be required to provide services offered within the senior continuing care facility). It is the intent of this section that the affordable units shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as LIP units.

(7) Where the Planning Board finds that an applicant for a special permit under Section 29 of the SCCRCOD (Senior Continuing Care Retirement Community Overlay District) can satisfy its inclusionary requirement under Chapter 9 by providing off-site, affordable units, affordable units created under this section may be used to fulfill this off-site inclusionary requirement.

(8) Affordable units shall obtain occupancy permits issued at the rate of one affordable unit for every four market rate units. When the multi-family affordable housing development is proposed to satisfy the inclusionary requirements for a senior continuing care retirement community, phasing shall be as determined by the SPGA.

(9) In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result of this computation shall be the number of affordable units required to be built within the MAHD. Affordable units shall only be located within any development permitted under this provision. This standard is not subject to variance.

(10) No occupancy permit shall be granted unless the affordable dwelling units have been approved by the DHCD as eligible for the Affordable Housing Inventory under 760 CMR 45.00, the LIP Program.

(11) When a multi-family affordable housing development is proposed to satisfy the inclusionary requirements for a senior continuing care retirement community proposed or permitted under the provision of 240-29 of this Code, such multi-family units shall not be required to

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provide an additional 10% of inclusionary units as a result of the multi-family affordable housing development but shall at a minimum provide the number of affordable units required by S 240-29 of this Code.

G. Decision. The Planning Board may grant a special permit for a MAHD where

it makes the following findings: (1) The proposed MAHD complies with all applicable Subdivision Rules

unless otherwise waived by the Board; (2) The proposed MAHD complies with the Zoning Ordinance and the

requirements of this section; (3) The proposed MAHD provides affordable units consistent with the

requirements set forth herein; (4) The proposed MAHD does not cause substantial detriment to the

neighborhood.

H. Relation to other requirements. The submittals and special permit required herein shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance.

I. Definitions. As used in this section, the following terms shall have the

meanings indicated: AFFORDABLE UNIT — A dwelling unit reserved in perpetuity for ownership by a household earning 80% or less of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for ownership units set forth in 760 CMR 45.03(4), in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory. APPLICANT — The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a private-initiated affordable housing development (MAHD) hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed MAHD, or have authority from the owner(s) to act for the owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site. MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENT (MAHD) — A development of multi-family residential dwelling(s) including required affordable units, and permissible accessory structures authorized by special permit from the Planning Board as set forth herein. NURSING OR CONVALESCENT HOME – Any dwelling or building with sleeping rooms for people who are housed or lodged with meals and nursing care for hire, as licensed by the Massachusetts Department of Public Health under MGL c. 11 par. 71-71 as amended.

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Section 2. The official zoning map of the Town of Barnstable is hereby amended by adding a Multi-Family Affordable Housing District as shown on the map entitled “Proposed Multi-Family Affordable Housing District”, dated December 19, 2007. Question moved VOTE: 12 Yes, 1 No (No vote by Councilor Curtis) Roll Call 2008-089 AMENDMENT TO ZONING ORDINANCE – GROWTH MANAGEMENT -- INTRO: 02/07/08, 02/28/08 Councilor Curtis pointed out the sponsor was a department. Councilor Chirigotis moved that his name be replaced as sponsor. It was seconded. VOTE: 9 Yes 3 No (No votes by Councilors: Canedy, Curtis and Milne) Rationale was given by Patty Daley of Growth Management. She explained the zoning ordinance which is pertinent to the SCCRCOD – this item puts this type of development outside of the building cap. Upon motion duly made and seconded it was unanimously voted by the members present of the Town Council and the Planning Board to go in to a public hearing for the purpose of discussing 2008-089. VOTE: Unanimous in favor by Town Council Unanimous in favor by the Planning Board No public comment. Upon motion duly made and seconded it was unanimously voted by the members present of the Town Council and the Planning Board to go out of a public hearing on 2008-089. VOTE: Unanimous in favor by the Town Council Unanimous in favor by the Planning Board PLANNNING BOARD RECOMMENDATION: 4 members in favor – no opposition. Upon motion duly made and seconded it was voted to move the question. VOTE: Majority in favor Upon motion duly made and seconded it was: ORDERED, that Chapter 240, Article XI of the Zoning Ordinance, Growth Management, is amended as follows: Section 1 Under Section 240-112, the definition of “Residential Dwelling Unit” shall be stricken and in its place, the following definition shall be substituted:

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RESIDENTIAL DWELLING UNIT — A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. The term "residential dwelling unit" shall not include family apartments, group homes and congregate facilities, hotels, motels, and other uses that are not considered residential for purposes of zoning, as determined by the Town Attorney. Section 2 Under Section 240-116, Exemptions, a new paragraph “C” shall be added as follows: “C. Senior continuing care retirement community units created under § 240-29 of the Code of the Town of Barnstable” and the subsequent paragraphs thereunder shall be relettered so that Section 240-116 now reads: § 240-116. Exemptions. The following uses shall be exempt from the residential building permit limitations established by this article:

A. Municipal uses; B. Affordable housing dwelling units created pursuant to Chapter 9, Affordable Housing,

Article II, Accessory Apartments and Apartment Units, of the Code of the Town of Barnstable

C. Senior continuing care retirement community units created under § 240-29 of the Code of the Town of Barnstable

D. Nonresidential development; and E. Reconstruction, extension, alteration, modification, and upgrade of an existing dwelling

unit that does not result in the creation of a new residential dwelling unit. VOTE: 11 YES, 2 NO (No votes by Councilors: Curtis and Milne) Roll Call B. NEW BUSINESS 2008-091 CREATING A TEMPORARY RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT Upon motion duly made and seconded it was voted to move this question. VOTE: 11 Yes – Majority Vote Upon motion duly made and seconded it was voted to refer this item to a joint public hearing with the planning board on March 6, 2008. VOTE: Unanimous in favor of referring 2008-092 AMENDMENT TO ZONING ORDINANCE – SENIOR CONTINUING CARE RETIREMENT COMMUNITY OVERLAY DISTRICT Upon motion duly made and seconded it was moved to withdraw this item. VOTE: Majority in favor 2008-093 - APPOINTMENTS – COMMUNITY PRESERVATION COMMITTEE

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Upon motion duly made and seconded it was voted to refer this item to a second reading on March 6, 2008. VOTE: Unanimous in favor of referral 2008-094 APPROPRIATION AND TRANSFER ORDER FOR COSTS INCURRED FOR EMERGENCY RESPONSE TO TROPICAL STORM NOEL Upon motion duly made and seconded it was voted to refer this item to a public hearing on March 6, 2008. VOTE: unanimous 2008-095 - APPROPRIATION & TRANSFER ORDER FOR CONSTRUCTION OF AN ADMININSTRATION BUILDING AT THE MARSTONS MILLS SOLID WASTE TRANSFER STATION Upon motion duly made and seconded it was voted to refer this item to a joint public hearing with the planning board on March 6, 2008. VOTE: unanimous ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

NEXT MEETING: MARCH 6, 2008

Town Council Meeting March 6, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on March 6, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., and Harold Tobey. The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. PUBLIC COMMENT:

Mary Clements, Hyannis, stated that the Council President uses blogs inappropriately.

Oliver Cippollini is planning to set up a college textbook scholarship for residents in memory of his good friend, Peter Doiron.

John Julius, Hyannis, is disappointed that the open meeting request by petition is not on the evening’s agenda. He said that the Civil Liberties Union has the council under a microscope.

Lou Gonzaga wants the Council to bring the community together Bob Lewson, Centerville wants the council to make this the place they want it

to be. Dave Barry, Hyannis, noted studies have been done since early 1900’s on

shellfish; we need to work together. Andre Sampou, spoke on the shellfish issue as well. John Alden, stated that all should be respectful and should not make

personal attacks Sam Negus, Cotuit noted that the 2200 piers encroach on public access.

Shellfish license holders want their rights protected Al Baker, Marstons Mills, stated that the previous speaker should not

jeopardize public comment. He believes the vote for Charter Commission is down to an opinion. He thinks that the split tax rate was voted by the public, but voters were ignored

Matt Ostrowski, West Barnstable, said the town purchased a marina, golf course, conservation lands, etc. and now pays for the upkeep and the loss of tax revenue. Shellfishing rights should be protected, which is no cost or expense to the town.

Jonathan Taylor sees no evidence that docks affect shellfishing.

A

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Arlene Wilson, Marstons Mills explained that she designs docks and that shallow moorings are more problematic than piers. Ch.91 licenses issued by the town are more advantageous –control is kept by the town.

Len Clark, West Barnstable noted that Mass DEP never disapproves a dock. Stuart Rapp, stated he wants shellfishers to have a voice, as property owners

have a voice. The overlay district sunset clause should be tied to the harbor management plan’s completion.

Scott Blazis, Centerville, said that he’s seen many cases come before the Conservation Commission where a dingy-dock turns into a large vessel dock

COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Canedy: Noted that Mr. Doiron was a frequent attendee of council meetings with great wit and made many literary references. She gave her sincere sympathies to his wife Sylvia and his daughter. Councilor Milne: Agreed with everything the speakers said regarding mutual respect. Councilor Crocker: Observed that emotions are high at these last few meetings. He thanked Councilors Barry and Canedy for working toward solving a problem. There is one person here that could solve the problems and the problems could be over right now. ACT ON MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of February 28, 2006. VOTE: Unanimously Approved COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS, AND COMMITTEE REPORTS ♦ Councilor Munafo: Is pleased with the Main Street lights and wants to thank

Cynthia Cole, Tom Burton and all those involved. ♦ Councilor Curtis: Noted that the Marstons Mills Village Association had the

privilege of having Jo Anne Buntich attend its recent meeting. Paul Niedzwiecki outlined changes by the CCC coming over the next few years.

♦ Councilor Barton: Announced: River Day in Burgess Park this year, lots of fun

for families; Multi-Cultural fair at CCCC with participation by the Youth Commission and the No Place For Hate group; on March 14, the Youth Commission will have another Mall-Night at the food court:

♦ Councilor Barry: Noted upcoming hearing for Cape Wind project at

Mattakeese Middle School. ♦ Ann Canedy: Stated that Ms. Buntich had also made a presentation to the

Hyannis Access Task Force. Sturgis Library has digitalized the Barnstable Patriot 1830 – 1930 using CPA funds. She attended an educational conference at Holy

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Cross with ConCom members and has materials on flood plain enforcement and conservation regulations.

♦ Councilor Tobey: Stated the preview of the museum at the former Zion

Church, far exceeded expectations. Thank you very much – it was a successful community outreach.

♦ Councilor Farnham: Noted the annual Red Cross Heroes breakfast. Andre

Sampou is a past recipient of the award. ♦ Councilor Milne: Gave kudos to those who attended DCPC: He felt the

Town did a very good job. Our Town Manager John Klimm and Senator Kerry were at the new veteran’s center.

♦ Councilor Tinsley: Announced that Hyannis East Elementary School is holding its

2nd annual wellness and nutrition fair this Saturday. Upon motion duly made and seconded, it was voted to refer Agenda Item 2008-068 to the April 3 Agenda. Vote: Unanimously approved ORDERS OF THE DAY A. OLD BUSINESS 2008-091 - CREATING A TEMPORARY RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT Due to a lack of a quorum, this hearing was continued by members present to the Planning Board’s meeting on March 10, 2008. Planning Board Members present: Ray Lang, Patrick Princi, and David Munsell Upon motion duly made and seconded, it was voted by the members present of the Town Council to go in to a public hearing for the purpose of discussing the substitute text presented for 2008-091. VOTE: Majority vote in favor by Town Council

Discussion by Council members of the substitute text submitted to amend 2008-091. Councilor Barry suggested to include as part of the ad hoc committee appointed by the town manager, a holder of an aquaculture grant and to change the end date to 18 months. Councilor Canedy stated that the “Harbor Management Study” paragraph should be identified by the letter “H” for continuity of the format. Councilor Chirigotis stated that the ad hoc committee is to include a representative of the shellfish district, an aquaculture grant holder and a planning board subcommittee person on zoning.

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Councilor Curtis stated that “Barnstable Harbor and all estuaries” should be included. Upon motion duly made and seconded it was voted by the members present of the Town Council to go out of a public hearing on 2008-091. VOTE: Majority vote in favor by Town Council Councilor Chirigotis made the motion, which was seconded, to accept the aforesaid amendments to the substitute text of item 2008-091 as discussed above., and to continue the hearing until March 20, 2008 since the Planning Board did not have a quorum; and to allow the Planning Board to hold its hearing and forward its recommendations to the Town Council. VOTE: Majority vote in favor by Town Council

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OLD BUSINESS 2008-093 – APPOINTMENTS TO BOARD/COMMITTEE/COMMISSION Upon motion duly made and seconded, to refer Item 2008-093 to a second reading on March 20, 2008 meeting. VOTE: Majority vote in favor 2008-094 - APPROPRIATION AND TRANSFER ORDER FOR COSTS INCURRED FOR EMERGENCY RESPONSE TO TROPICAL STORM NOEL Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing 2008-094. VOTE: Majority vote in favor by Town Council Rationale given. Upon motion duly made and seconded, it was voted to go out of the public hearing on 2008-094. VOTE: Majority vote in favor by Town Council Upon motion duly made and seconded it was: ORDERED, That the Town Council hereby appropriate $124,700 for emergency response to Tropical Storm Noel and to meet the appropriation that $124,700 be transferred from available funds. VOTE: Unanimous vote – Roll Call: 13 Yes 2008-095 - APPROPRIATION & TRANSFER ORDER FOR CONSTRUCTION OF AN ADMININSTRATION BUILDING AT THE MARSTONS MILLS SOLID WASTE TRANSFER STATION Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing 2008-095. VOTE: Majority vote in favor. Rationale given. Upon motion duly made and seconded, it was voted to go out of the public hearing. VOTE: Majority vote in favor. Upon motion duly made and seconded, it was voted: That the sum of $87,500 be appropriated for the purpose of constructing a new administration and staff support building at the solid waste transfer station in Marstons Mills, and to fund this appropriation, that $87,500 be transferred from the Department of Public Works Solid Waste Enterprise Fund Reserve account as presented to the Town Council by the Town Manager. VOTE: Majority vote in favor - Roll Call: 8 Yes 5 No (Barry, Canedy, Crocker, Curtis, Milne)

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2008-096 – APPOINTMENTS TO BOARD/COMMITTEE/COMMISSION Upon motion duly made and seconded, it was voted to refer this item to a second reading on March 20, 2008. VOTE: Majority vote in favor. TOWN MANAGER COMMUNICATIONS None Councilors Crocker and Milne recused themselves from the meeting at 10:30 PM Council President Joakim brought a discussion to the Council members of when to hold an open town meeting as requested by the petitioners. ADJOURNMENT Upon motion duly made and seconded, it was voted to adjourn. VOTE: Majority vote in favor. ADJOURNED at 11:00 PM Respectfully submitted,


March 20, 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, March 20, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. (8:30), Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. President Joakim led the Council in the Pledge of Allegiance and a moment of silence.

• Duffy Health Center Presentation Claire Goyer, CEO of the Duffy Health Center, explained that they service people who are homeless or at risk of homelessness. They applied for and received federal funding to purchase a 34 foot long mobile health clinic. The vehicle contains a full size exam room, a private space for individual counseling and a space for one-on-one conversations. She gave the route of the health clinic throughout the Cape. The vehicle will be open for tours during the next week at various locations. “We want to get them before they become homeless and try to keep them in their home communities,” she stated. Councilor Curtis asked if families with children were being serviced. There is no pediatric care because Massachusetts has good coverage for kids, which serve kids best. They do see many parents who are marginal and at risk. They work collaboratively with DSS and the probation office. Councilor Barton thanked all from the Duffy Health Center who have been involved. They have been doing their best to fill a need when they see it.

• 21st Century Task Force Presentation by Cape Cod Commission Executive Director, Paul Niedzwiecki

Roy Richardson, former town councilor and the town’s representative to the Cape Cod Commission, made some introductory comments. Paul Niedzwiecki described some of the challenges of working among fifteen towns. He feels to be successful they need to form relationships with each town.

• The Commission has been working internally to make all the task force recommendations a reality. (See Exhibit A)

• The regional policy plan has been divided into a planning section and a regulatory section. The latter will be a clear and concise description of the Commission’s mission.

• They have added a Limited DRI to streamline the application process. The applicant now fills in a questionnaire to focus the review and commission requirements specifically to each applicant and project. This pares down reviews and makes the process more transparent. It has been a move away from “one size fits all.”

• The Commission has draft maps from all 15 towns and with identified resource protection areas. Maps show discrete economic centers vs. broad resource areas. This has fostered new conversations and a general new relationship with each town.

With the new approach, applicants will know up-front what the cost of the review will be. The Commission, the town and the applicant become partners at the table. Individual towns and the Commission have had discussions of raising threshold up to 30,000 sq. ft. or 60,000 sq. ft. for multi-use projects. In resource protection areas, the threshold may be lowered. Towns may also lower the threshold for drive-through areas. The mapping process has been a powerful planning tool in fostering discussion between the Commission and the towns.

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Councilor Canedy asked about user friendly maps. Niedzwiecki said it is possible to view the entire Cape on one sheet of paper. Councilor Curtis asked about collaborative meetings. There has been good work in Bourne, Mashpee, and Sandwich. In dealing with large macro issues, towns have been engaged. The new collaborative approach has been well received and successful. Councilor Milne asked how the Commission will move developments to be more focused on harnessing higher paying jobs for people who live here, resolving the housing issue. Niedzwiecki said that housing is part of economic development. The cost of growing companies or bringing in new ones must be known up-front. Socio-economically diverse housing will be promoted as part of the village concept. Councilor Canedy asked about floodplain issues. A comprehensive floodplain construction manual for building or rebuilding in a floodplain is available. Bourne and Yarmouth are successfully dealing with this issue. The Commission is having great success with towns, one at a time, especially dealing with tricky issues. Councilor Chirigotis said the Commission’s new vision has improved its perception. Individual towns feel they can work with the Commission. He asked about mitigation money. Niedzwiecki said mitigation fees always go back to the town. Councilor Farnham asked about the Task Force Minority Report. Mr. Niedzwiecki replied that the task force process will not be ignored and ideas that make sense will not be ignored. Councilor Munafo has never been a strong proponent of the Commission, but feels the strong thrust regarding planning is good and Paul Niedzwiecki is the right person for the job. He also questioned mitigation money paying for something not related to the area of the project. Niedzwiecki explained that it sometimes happens, but in projects under 30,000 sq. ft. there would be a local mitigation schedule – the town’s schedule - and the money will stay where it is established. Bill Doherty, County Commissioner, is optimistic that the Commission can show concern and change. PUBLIC COMMENT

• Mary Clements spoke about the importance of the first amendment and the limitation on free speech. She is still concerned about the assault on her free speech rights at the last meeting.

• Carol Horgan hopes that the council will be reasonable and careful to not disfranchise people’s rights to have piers and docks. She also spoke of her concerns about the national economic situation. The town needs to examine the whole budget and determine what it can do without.

• Frank Paparo had photos of an auto accident where a light in needed and flooding problems at a public street. He commented on the Cape losing the opportunity for a movie studio to Plymouth as well as having the highest electric rates.

• Al Baker (on Item 2008-091) would like the town to stick with the original plan. He made other announcements. He commented on school buses having safety belts as well as a creating a committee to look at the traffic lights especially at Route 149.

• John Alden, Charter Commissioner, announced another series of road meetings. On freedom of speech, he feels if they are abused they should be curtailed but in a positive way because public opinion is needed.

• Lou Gonzaga made a recommendation on shellfish conservation stating the need to get the health department involved with runoffs from septic tanks in other ponds. He cautions creating too many regulations that cannot be enforced. Also he sees a need to determine whether a person can or cannot be the ninth member and for a grant coordinator.


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• Councilor Joakim said there was a committee to work with the state on the traffic lights and

they were successful for getting all three lights, fast-tracked by the state standards. Mark Ells expects hearings will be shortly and is shooting to bid for construction in the fall.

• Councilor Rugo agrees with the issue of the high electric rate problem. Who can we sue? • Councilor Barry said in other towns each dwelling in the town has to have its septic inspected

every three years. That might be a good idea and could be one of the solutions to solving the problem.

• Councilor Barton suggested watching last night’s school committee meeting for Finance Director Milne’s explanation of the interest rates, etc. and their impact on town finances. Mark Milne explained that Barnstable is getting more Ch 70 funds that last year, but no more than the governor’s budget. The new formula for Ch 70 is being phased in over 5 years.

• Councilor Munafo said Plymouth was ideal for the movie studio – it has the best access to Boston and New York. The Cape was not in the running; Barnstable doesn’t have 16,000 open acres.

• Councilor Milne asked that public comment just stay at 3 minutes. There have been extremes in the variety of public comment, but it should always be aired. The electric cooperative is moving ahead, but not fast enough. The Charter Commission hopes people will participate and the notion that it would make a no-change recommendation is unreasonable since voters have spoken and would like some change.

• Councilor Canedy said the Charter Commission meeting was well attended in Barnstable & West Barnstable. A pier is not a right. No one person has control or ownership over the water. It is a privilege granted by local boards and commissions.


• Councilor Milne said it is the second time he was unaware of the March 27 council meeting. Other meetings are now conflicting.

• Councilor Farnham said the charter states no meeting may conflict with a council meeting. • Councilor Munafo would like an update on the storm drains. Mark Ells said DPW is looking

at, cleaning and evaluating drains. It is not a clogged situation; it is lots of water draining slowly when there is lots of rain.

• Councilor Curtis now has a scheduling conflict between the appointments committee meeting and the joint planning board meeting at seven. President Joakim explained that it was not required to be a joint public meeting. It was posted should there be a quorum of councilors present.

• Councilor Barton gave a Human Services Committee report. They are accepting donations. A School Facility Advisory Committee has been formed.

• Councilor Canedy announced the recreation committee presentation on a “tents only” campground at Hathaway Pond. She spoke about the catastrophic failure of the bulkhead in Barnstable village, thanking the staff and police for their immediate response. The problem of diminished water levels in Barnstable Harbor is becoming dangerous to navigation.

ORDERS OF THE DAY OLD BUSINESS 2008-091 ZONING ORDINANCE AMENDMENT – RECREATIONAL SHELLFISH AREA & SHELLFISH RELAY OVERLAY DISTRICT Upon a motion duly made and seconded it was voted to continue this item to April 3, 2008. VOTE: Unanimous A motion was duly made and seconded to take Item 2008-120 out of order. No objection 2008-120 EXEMPTION OF INTEREST UNDER CONFLICT OF INTEREST LAW

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Upon a motion duly made and seconded it was RESOLVED: That the interest of Paula Schnepp, as BRANCH Project Manager for the Town of Barnstable, is hereby found to be not likely to interfere with the objective performance of her duties in the best interests of the Town in the position as member of the Community Preservation Committee and is hereby exempted. Councilor Canedy asked for a description of the position. Curtis explained that this is a contracted position, not affiliated with the Housing Authority. VOTE: Unanimous 2008—093 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individual to a multiple-member board/committee/commission: COMMUNITY PRESERVATION COMMITTEE Paula K. Schnepp, 956 River Road, Marstons Mills 02648, as the representative of the Barnstable Housing Authority to a term expiring 06/30/09. VOTE: Unanimous 2008-096 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: BARNSTABLE ECONOMIC DEVELOPMENT COMMISSION Eric R. Steinhilber, 399 Bishops Terrace, Hyannis, as a member to a term expiring 06/30/2010 COMPREHENSIVE FINANCIAL ADVISORY COMMITTEE Laura T. Cronin, 402 South St, Hyannis, as member to a term expiring 06/30/2009 CULTURAL COUNCIL Sandra Greene, 35 Walnut St, Hyannis, as a member to a term expiring 06/30/2010 HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION William J. Cronin, 402 South St, Hyannis, as an alternate member to a term expiring 06/30/2010 David S. Dumont, 45 Wheeler Rd, Marstons Mills, as a member to a term expiring 06/30/2008 LAND ACQUISITION & PRESERVATION COMMITTEE Laura T. Cronin, 402 South St, Hyannis, as a member to a term expiring 06/30/2010 Councilor Farnham asked about a person from Marstons Mills having connections to Hyannis. Councilor Milne said that this is fulfilling a composition requirement. VOTE: Unanimous CONSENT AGENDA – Capital Improvement Plan Items Upon a motion duly made and seconded it was voted to refer Items 2008-097 through 2008-110 to a public hearing on April 3, 2008.

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2008-097 Appropriation & Transfer Order to fund the capital improvement plan for the replacement storage tanks for the Wastewater Treatment Plant in Hyannis (Refer to Public Hearing on April 3, 2008)

2008-098 Appropriation & Transfer Order to fund the capital improvement plan for the Wastewater Treatment Plant roofs in Hyannis (Refer to Public Hearing on April 3, 2008)

2008-099 Appropriation & Transfer Order to fund the capital improvement plan for the Wastewater Treatment Plant chlorine distribution system in Hyannis (Refer to Public Hearing on April 3, 2008)

2008-100 Appropriation & Transfer Order to fund the capital improvement plan for the engineering for handling increased sludge at the Wastewater Treatment Plant in Hyannis (Refer to Public Hearing on April 3, 2008)

2008-101 Appropriation & Transfer Order to fund the capital improvement plan for new monitoring wells at the Solid Waste Facility in Marstons Mills (Refer to Public Hearing on April 3, 2008)

2008-102 Appropriation & Transfer Order to fund the capital improvement plan for replacement of maintenance garage at the Solid Waste Facility in Marstons Mills (Refer to Public Hearing on April 3, 2008)

2008-103 Appropriation & Transfer Order to fund the capital improvement plan for the repair & upgrade to water supply wells & pump (Refer to Public Hearing on April 3, 2008)

2008-104 Appropriation & Transfer Order to fund the capital improvement plan to repair public roads & drainage systems (Refer to Public Hearing on April 3, 2008)

2008-105 Appropriation & Transfer Order to fund the capital improvement plan to demolish the three portable classrooms at the Hyannis East Elementary School (Refer to Public Hearing on April 3, 2008)

2008-106 Appropriation & Transfer Order to fund the capital improvement plan to repair the Cotuit Town Dock (Refer to Public Hearing on April 3, 2008)

2008-107 Appropriation & Transfer Order to fund the capital improvement plan funding maintenance dredging of Cotuit Harbor (Refer to Public Hearing on April 3, 2008)

2008-108 Appropriation & Transfer Order to fund the capital improvement plan funding for improvements to municipal facilities (Refer to Public Hearing on April 3, 2008)

2008-109 Appropriation & Transfer Order to fund the capital improvement plan for alum treatment in Mystic Lake, Marstons Mills (Refer to Public Hearing on April 3, 2008)

2008-110 Appropriation & Transfer Order to fund the capital improvement plan for improvements to Barnstable school facilities (Refer to Public Hearing on April 3, 2008)

VOTE: Unanimous

CONSENT AGENDA – Community Preservation Fund Items Upon a motion duly made and seconded it was voted to refer Items 2008-111 through 2008-117 to a public hearing on March 27, 2008.

2008-111 Community Preservation Fund Appropriation & Transfer Order to fund water quality protection, open space & recreation uses (Refer to Public Hearing on March 27, 2008)

2008-112 Community Preservation Fund Appropriation & Transfer Order to fund acquisition of a conservation restriction on 9.8 acres on Map332, Parcel 010-002 (Refer to Public Hearing on March 27, 2008)

2008-113 Community Preservation Fund Appropriation & Transfer Order to fund for historic restoration & rehabilitation of the Cammett House (Refer to Public Hearing on March 27, 2008)

2008-114 Community Preservation Fund Appropriation & Transfer Order to fund the development of a master facilities plan (Refer to Public Hearing on March 27, 2008)

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2008-115 Community Preservation Fund Appropriation & Transfer Order to fund historic preservation of the museum on 513 Main St., Centerville (Refer to Public Hearing on March 27, 2008)

2008-116 Community Preservation Fund Appropriation & Transfer Order to fund community housing improvements (Refer to Public Hearing on March 27, 2008)

2008-117 Community Preservation Fund Appropriation & Transfer Order to fund acquisition of conservation restrictions on a 5-acre parcel on Map 038, Parcel 002 (Refer to Public Hearing on March 27, 2008)

VOTE: Unanimous

NEW BUSINESS

2008-118 LAYOUT & NAME CHANGE OF MARY DUNN WAY – AKA MARY DUNN ROAD AND OLD MARY DUNN ROAD TO AVIATION WAY Upon a motion duly made and seconded it was voted to refer this item to a public hearing on April 3, 2008. VOTE: Unanimous 2008-119 SUPPLEMENTAL APPROPRIATION & TRANSFER ORDER BARNSTABLE MUNICIPAL AIRPORT Upon a motion duly made and seconded it was voted to refer this item as written in the substitute text, shown below, to a public hearing on April 3, 2008. SUBTITUTE TEXT: ORDERED, that the Town Council does hereby appropriate the sum of $470,000 for the specific purpose of funding aviation jet fuel purchases ($450,000) at the Barnstable Municipal Airport, in order to apply for a congressional authorized Small Community Air Service Development Grant. To meet this appropriation, that $470,000 be transferred from the Airport’s surplus funds for the remainder of fiscal year 2008. Jet fuel consumption has not increased for the airport. This appropriation and loan order has been prompted by the significant increase of the price of aviation jet fuel compared to FY 07, given changes in economic activity around the world. VOTE: Unanimous 2008-121 RESOLVE APPROVING 99-YEAR LEASE FOR AFFORDABLE HOUSING IN WEST BARNSTABLE Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council hereby reauthorizes the Town Manager to enter into a ninety-nine year lease for the construction of not more than 28 units of qualified affordable housing on land located at 2239 Route 132 (Assessors Map 215, Parcel 28), comprised of 4 acres, and on an adjoining parcel of land identified as Parcel A as shown on an Approval Not Required Plan dated February 15, 2005 and entitled “Plan of Land in Barnstable (Barnstable District) MA as made by D.P.W. Engineering Division Survey Section” comprised of 3 acres + for a total acreage of the combined parcels of 7 acres+. Councilor Farnham gave the rationale. This item is asking for an adjustment in the rent amount that was originally issued in 2006. However, at this point, a $42,000 annual rent payment is a threat to the project’s viability. HAC will make a substantial up-front payment with no further payments until 2026. Notably, one hundred percent of the units are affordable, not merely 51%. The focus should be in creating the affordable units not the rental payments. Councilor Munafo asked how the administration would offset future costs. Manager Klimm said he is very supportive of this effort. This is not anyone’s fault. The paperwork was done early on, but not at a point of having people in the units. The finances have been reviewed by a committee and they agree

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that the request is reasonable and will move the project forward. This is a lump-sum payment, not a purchase. Councilor Crocker asked about the change from duplex to quadplex and storage area changes. Peter Freeman, representing HAC explained that the redesign saves on construction costs. The recession and credit crunch has affected the tax credits for the project. They are now getting less funds. Gisele Gauthier, HAC Director said they were now getting 7 or 8 cents less on the dollar. Changing to quadplexes allows the installation of sprinkler systems (required by fire chief), the cost of which would have been prohibitive with duplexes. There are also cost saving changes in the way roofs are built, materials used, etc. Councilor Crocker also asked about adjustments on fees by HAC. Gauthier explained that fees are loaned back and if there are any profits, they may go back to HAC. Crocker asked if the town could also recapture money later for walking away from 12 years of income. Councilor Farnham said the value to the town is the 100% affordable units rather that 51% affordable. Crocker felt the town was the only one taking a hit. Freeman pointed out that the upfront to the town relieves the town of cash flow worry. The rationale was based on the public good of creating affordable housing, not the best cash flow. If there is money available, there will be cash flow to the town. They can stipulate a different scenario for rent payments to the town. Councilor Crocker made a motion which was seconded to defer the vote on this item to April 3rd. Freeman pointed out that HAC has a closing on April 8th so he hoped the council would not defer the vote to April 3rd. President Joakim called a recess of the discussion of this item to allow the parties to resolve the issue from 9:25 pm – 9:35 pm. Other agenda items continued. TOWN MANAGER COMMUNICATIONS Lynne Poyant, Director of Community Services, announced that the town received the 2008 E-Government award from Common Cause. The town’s website meets a list of standards that make town information available to the public. Barnstable is one of two super-star communities. Common Cause will use some of our web innovations as standards for awarding the designation. Manager Klimm thanked the staff of Rep. Demetrius Atasalis who received the award. Klimm announced that the annual resident survey has been completed. He will forward the survey results and put them on the website. The people who conduct the survey will be available to interpret the results and compare them to other communities. This session of the Citizen’s Leadership Academy is coming to an end. There have been over 300 residents who have completed it and there is still a waiting list. Over 500 residents have completed the Citizens’ Police Academy. He also spoke about the Senior Center and the volunteerism involved with providing meals on wheels. Dozens of volunteers are making a difference in the community by giving friendship as well. Manager Klimm then announced the appointment of Madeline Taylor to serve as the permanent Director of the Senior Services. LATE FILE 2008-123 CONFIRMING THE APPOINTMENT OF THE DIRECTOR OF SENIOR SERVICES ORDERED that the Town Council confirms the appointment by Town Manager John Klimm, of Madeline Taylor as the Director of Senior Services. VOTE: Unanimous (Farnham absent)

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Director Taylor thanked everyone for their faith and trust in her ability to get the job done. Lynne Poyant discussed the July 5th fireworks event which, for the first time, includes the Cape Symphony Orchestra with guest conductor John Klimm. She added that on behalf of Community Services, the Asst. Town Manager Tom Lynch has been just tremendous. His presence at numerous events is truly appreciated. The council recessed to review the addendum to Item 2008-121 between 9:57 pm – 10:04 pm. Councilor Farnham made the following motion, which was seconded, amending item 2008-121 as follows: “Commencing in 2026, Tenant shall pay to the Town an annual base rent (“Base Rent”) in the amount of Sixty Thousand ($60,000) Dollars per year, which amount shall be paid on January 1, 2026 and on the first day of January in each calendar year thereafter during the Term /OR/ in equal monthly installments of $5,000 per month, partial months to be prorated. Base Rent shall be adjusted annually throughout the Term, as of the anniversary of the first day of the first full calendar month following the Commencement Date, to the extent of any percentage change which occurred in the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for all Urban Consumers, Boston, Subgroup “all items” (1982-84=100) (“CPI-U”) during the preceding twelve (12) months. The Town shall promptly notify Tenant of each Base Rent adjustment. However, in the event that in any given year, the Tenant notifies the Landlord that the full annual rent cannot be paid, the annual rent payments shall be paid only to the extent of the net cash available to Tenant after payment of operating expenses and principal and interest payments, and the amount of net cash available shall be determined based on the audited financial statements by an auditor paid for by the Tenant and chosen by the Landlord. In any year that such notice is given, and then in no event shall Housing Assistance Corporation receive its deferred developer’s fee until the Town has been paid the full amount of the rent owed. To the extent that any rent otherwise due, but for the unavailability of net cash as so determined, is not paid in any year, such unpaid amount shall accrue and be due and paid in future years.” Councilor Crocker stated that the third loss is the loss of income loss 2026. Freemen suggested that if the town wanted HAC to defer their fee right up to 2026 that could be added. Crocker persisted that the town was the only entity still hanging out. The year 2026 is the end of the tax credit period driven by the lenders and investors. Finance Director Milne said the town would lose about half a million of present value under this structure. If HAC is deferring their fee they are losing similarly to the town. Councilor Munafo asked if the town could be put in the same position as HAC. The addendum convolutes it. He would like the town to have the same protection as the HAC. A motion was made and seconded to move the question. It was withdrawn by the maker. Councilor Farnham made a motion, which was seconded, to amend the addendum by inserting at the start of the second paragraph the following: “The deferred developer’s fee to HAC shall not be paid prior to commencement of the annual rent in year 2026 and shall be subject to the following.” VOTE: Unanimous

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On the addendum as amended: VOTE: 11 Yes, 2 No (Munafo, Crocker) On Item 2008-121 as amended below: 2008-121 RESOLVE APPROVING 99-YEAR LEASE FOR AFFORDABLE HOUSING IN WEST BARNSTABLE Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council hereby reauthorizes the Town Manager to enter into a ninety-nine year lease for the construction of not more than 28 units of qualified affordable housing on land located at 2239 Route 132 (Assessors Map 215, Parcel 28), comprised of 4 acres, and on an adjoining parcel of land identified as Parcel A as shown on an Approval Not Required Plan dated February 15, 2005 and entitled “Plan of Land in Barnstable (Barnstable District) MA as made by D.P.W. Engineering Division Survey Section” comprised of 3 acres + for a total acreage of the combined parcels of 7 acres+. Commencing in 2026, Tenant shall pay to the Town an annual base rent (“Base Rent”) in the amount of Sixty Thousand ($60,000) Dollars per year, which amount shall be paid on January 1, 2026 and on the first day of January in each calendar year thereafter during the Term /OR/ in equal monthly installments of $5,000 per month, partial months to be prorated. Base Rent shall be adjusted annually throughout the Term, as of the anniversary of the first day of the first full calendar month following the Commencement Date, to the extent of any percentage change which occurred in the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for all Urban Consumers, Boston, Subgroup “all items” (1982-84=100) (“CPI-U”) during the preceding twelve (12) months. The Town shall promptly notify Tenant of each Base Rent adjustment. The deferred developer’s fee to HAC shall not be paid prior to commencement of the annual rent in year 2026 and shall be subject to the following. However, in the event that in any given year, the Tenant notifies the Landlord that the full annual rent cannot be paid, the annual rent payments shall be paid only to the extent of the net cash available to Tenant after payment of operating expenses and principal and interest payments, and the amount of net cash available shall be determined based on the audited financial statements by an auditor paid for by the Tenant and chosen by the Landlord. In any year that such notice is given, and then in no event shall Housing Assistance Corporation receive its deferred developer’s fee until the Town has been paid the full amount of the rent owed. To the extent that any rent otherwise due, but for the unavailability of net cash as so determined, is not paid in any year, such unpaid amount shall accrue and be due and paid in future years. VOTE: 12 Yes, 1 No (Crocker) Upon a motion duly made and seconded it was voted to adjourn the meeting at 10:26 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

Town Council Special Meeting March 27, 2008

quorum being duly present, Council President Janet Joakim called the Special Meeting of the Town Council with the Community Preservation Committee to order at 7:00 pm, on March 27, 2008, at the Barnstable Town Hall, 367 Main Street,

Hyannis, MA. A

PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., and Harold Tobey. The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. Town Manager John Klimm acknowledged WWII Veteran, BHS teacher and coach, William Naylor, who died this past week and asked that our thoughts and prayers be with his family at this time. ORDERS OF THE DAY A. OLD BUSINESS 2008-111 COMMUNITY PRESERVATION FUND APPROPRIATION FOR WATER QUALITY SUPPLY PROTECTION, OPEN SPACE AND RECREATION USES INTRO: 03/20/08, 03/27/08

• Lindsay Counsell gave the rationale (attached with item). This deals with the former site of the Nelson Coal and Oil Co. off Iyanough Rd. He said they feel we need more open space in Hyannis and this will protect the wellhead 750 feet to the east.

• Hans Keiser, DPW Water Supply Supervisor supported this acquisition. As it stands

now the site is a threat to the water system.

• Alisha Parker, Property Management Coordinator presented a Power Point overview of the site.

Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing this item at: 7:11 p.m. VOTE: 13 YES

• Deb Krau, chair of the Hyannis Water Board stated that this is of most importance and on behalf of the board asked for support.

Upon motion duly made and seconded it was voted to go out of the public hearing at: 7:12 p.m. VOTE: No objection to close.

o Councilor Farnham asked about the fuel storage license rights.

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o Attorney Weil stated she would check out the rights but noted some zoning issues.

o Councilor Farnham asked about the $548,500 mitigation fund? Attorney Weil said it is part of the Stop & Shop permitting process.

o Councilor Farnham also asked why we aren’t asking the rate payers to help on this.

Manager Klimm said the protection of our water supply has been one of the highest priorities. He noted that the town has purchased acres and acres of land for protection in other villages and has not asked for rate-payer assistance; therefore, we are not going to start now.

o Councilor Munafo asked about contamination of the site. Patty Daley said there is a

21E in process on the site right now. She was told by the attorney for Stop & Shop that the property will be turned over to us clean. We have a right to refuse if it is not clean. Daley said if the 21E finds it to be contaminated, we would ask Stop & Shop to clean it up prior to the closing – or else we walk away with the money.

o Councilor Crocker asked about the money, a purchase & sale agreement and

appraisals. – Daley said the town is not obligated to acquire this. There is a purchase and sale agreement, but she has not seen it; it is part of the DRI process.

o Town Manager Klimm asked the council if they would support the funding as long

as the item comes back with the full details. Patty Daley said the appraised value is $970,000.

o Councilor Curtis asked what happens if we walk away as far as the water issues.

Pres. Joakim said it will remain on the market and it will continue to be for sale and the current present use could continue.

o Councilor Crocker said once the 21E is filed something must be done to the

property if needed.

o AMENDMENT: Councilor Canedy read an amendment in to the record, which was not initially seconded. (See full amendment below).

o Councilor Canedy said she would like to recoup the money for CPA funds if this

does not go forward. She asked a number of questions about how long it has been on the market, etc. Counsell told her that the appraisal said the best use is commercial, based on the zoning.

o Manager Klimm said the major reason he wants to buy it is for water quality

protection. There are standards that increase the property's priorities and we may also have other uses like recreational which increase the value of the site. We are looking at property that is near a well field.

o Attorney T. David Houghton said monies, if not expended, will go back into the

fund. He felt any amendment on the use of returned monies should be an advisory and not a directive.

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o Councilor Canedy made a motion to amend the item which was seconded, to add:

“Should the town or state purchase this property, in the future, for transportation or road improvement purposes, including, but not limited to pathways, and bikeways, the town will seek to recover all funds and reimburse same to CPA account for open space purchases.”

VOTE: 7 Yes 6 No

o Councilor Milne reviewed the process and asked for clarification. Manager Klimm said that if it falls through, he would to seek alternative funding sources or come forward with 3 appraisals and possibly buy it outright. Milne recommended that we go forward on this.

o Councilor Chirigotis moved to amend this item, which was seconded by adding: (5

lines down after $451,500) “and subject to approval of the price and terms by the Town Council”.

VOTE: 13 Yes Upon motion duly made and seconded it was: ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of Four Hundred Fifty One Thousand Five Hundred and No/100 ($451,500) Dollars be appropriated and transferred from the amount set aside for Open Space and Recreation in the Community Preservation Fund on June 21, 2007 under item 2007-162; that the Growth Management Department is authorized to contract for and expend the amount of $451,500 and subject to approval of the price and terms by the Town Council with the prior approval of the Town Manager, for acquisition of a 1.2 acre lot with the address of 180 Iyannough Road, Hyannis, MA; for the purpose of well-head and water supply protection; remaining acquisition funds will be provided by a private developer for mitigation of a development project. Should the town or state purchase this property in the future for transportation or road improvement purposes, including but not limited to pathways, and bikeways, the town will seek to recover all funds and reimburse same to CPA account for open space purchases VOTE: ROLL CALL 12 yes 1 no (Councilor Farnham) as amended 2008-112 COMMUNITY PRESERVATION FUND APPROPRIATATION AND TRANSFER FOR ACQUISITION OF A CONSERVATION RESTRICTION ON 9.8 ACRES INTRO: 03/20//08, 03/27/08 Lindsay Counsell gave the rationale as attached to item. He stated that this is part of the Cobb Trust property off 755 Independence Dr. Alisha Parker gave a Power Point presentation and noted that this is in the well protection area – the monies will go back into the Cobb Fund. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing this item at: 8:04 p.m. VOTE: Majority in favor

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Upon motion duly made and seconded it was voted to go out of the public hearing at: 8:05 p.m. VOTE: No objection

o Councilor Curtis asked about the location. Lindsay Counsell said there are other water district lands to the east. This property could be developed.

o Councilor Milne noted the Cobb Trust has been generous to the town, so the money

will go to the trust and ultimately will come back to the benefit of the school children of the Town of Barnstable. He felt it was a win/win

o Councilor Crocker asked if the public has access. – Yes was the answer.

o Councilor Rugo agreed with the Cobb fund and he is supportive.

o Councilor Canedy noted that the property is in Barnstable.

Upon motion duly made and seconded it was: ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of Three Hundred Twenty One Thousand and No/100 ($321,000) Dollars be appropriated and transferred from the amount set aside for Open Space in the Community Preservation Fund on June 21, 2007 under item 2007-162; that the Town of Barnstable, Growth Management Department is authorized to contract for and expend the amount of $321,000 with the prior approval of the Town Manager, for the acquisition of a Conservation Restriction on 9.8 acres of Cobb Trust property, with the address of 755 Independence Drive, Hyannis, MA, Map 332, Parcel 010-002, subject to an agreement with the Department of Fisheries and Wildlife for use of other lands to support the town bikeway project. VOTE: ROLL CALL 12 yes 1 no (Councilor Canedy) 2008-113 COMMUNITY PRESERVATION FUND APPROPRIATION & TRANSFER FOR HISTORIC RESTORATION & REHABILITATION OF THE CAMMETT HOUSE INTRO: 03/20/08, 03/27/08 Mr. Counsell presented the rationale again. This is to help restore and rehab this structure which is also used as a museum and educational piece. It will have an Historic Preservation Restriction on it. Bob Frazee spoke in favor of this project. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing this item at: 8:22 p.m. VOTE: Majority in favor David G. Delancey thinks it is a good idea and asked if they accept donations and yes they do. Jacqueline Martin from the Osterville Historical Society stated that historical buildings need to remain and be restored.

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o Councilor Crocker stated that it is a one of a kind facility. He gave some history behind the building and its moving and restorations.

o Councilor Farnham asked about the historic survey. Counsell said this will be

privately done; the survey is for town-owned buildings.

o Councilor Canedy asked what is the difference between repair and maintenance. Counsell said the stone facing needs to be done in a proper manner to hold up the kitchen. That will bring it back to an historical condition.

Upon motion duly made and seconded it was: ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of Fifty Thousand and No/100 ($50,000) Dollars be appropriated and transferred from Undesignated Community Preservation Funds in the Community Preservation Fund on June 21, 2007 under item 2007-162; and that the Town of Barnstable, Growth Management Department, is authorized to contract for and expend the amount of $50,000 with the prior approval of the Town Manager, for the restoration and rehabilitation of the drainage work, foundation repair and a conditions assessment of the Cammett House, located at 155 West Bay Road, Osterville, MA, Map 116, Parcel 086; to be secured by an Historic Preservation Restriction. VOTE: ROLL CALL 12 yes (1 out of the room, Councilor Rugo) 2008-114 COMMUNITY PRESERVATION FUND APPROPRIATION & TRANSFER FOR THE DEVELOPMENT OF A MASTER FACILITIES PLAN INTRO: 03/20/08, 03/27/08 Lindsay Counsell read the rationale, which highlighted the Route 132 parcels that will create a plan for a variety of recreational outdoor facilities. David Curley, Director of Recreation, explained that we have had a hard time accommodating all the users of the existing fields. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing this item at: 8:35 p.m. VOTE: Majority in favor

• Richard Pizzi from the Little League stated that the league has grown substantially. He gave a breakdown of the league. We want to have a home for these kids. The league has put money into the fields to help maintain and build dugouts and other things.

• Len Clark asked for a favorable vote. He spoke on an adult softball league and

noted that we need adult fields as well.

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o Councilor Chirigotis noted that we do need fields – all types of fields, including football.

o Councilor Canedy has a problem with the artificial turf, since there are run-off and

other issues. Counsell said the fields are going to be multi-use and the fields will be more of a sand-based artificial turf. Run-off would flow toward the wells and would be reflected in the design. Grass fields cannot stand up to the heavy use.

o Councilor Barry felt it was a great idea but a lousy location. Counsell said this is not

a neighborhood facility – this is a travel to location.

o Councilor Curtis will support this. She feels it will enhance the recreational area by being next to the golf course.

o Councilor Crocker asked about the property’s use for septic discharge. Counsell

said we might be able to use the land under it for discharge but that is in discussion. Crocker also asked about the title. Attorney Weil said that has been resolved and the case dismissed.

o Councilor Farnham asked what will it cost to complete that conceptual plan?

Curley said several million dollars. He added that there are ways to address the funding, and a lot of people are willing to work on fund-raising.

o Councilor Milne asked Curley if he thought he could raise the money. Curley said

we are up for tough times. We are not looking to come before the taxpayer; but are looking for funds outside of the town money. There will be a 400 vehicle parking lot there as well.

Upon motion duly made and seconded it was: ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of Sixty Thousand and No/100 ($60,000) Dollars be appropriated and transferred from the amount set aside for Open Space in the Community Preservation Fund on June 21, 2007 under item 2007-162; and that the Town of Barnstable Growth Management Department is authorized to contract for and expend the amount of $60,000 with the prior approval of the Town Manager, for the development of a Master Facilities Plan which will cover the cost of future outdoor recreational opportunities for residents and visitors; encompassing Map / Parcel(s) of 235/021, 235/001 and 235/006. VOTE: ROLL CALL 13 yes 2008-115 COMMUNITY PRESERVATION FUND APPROPRIATION FOR HISTORIC PRESERVATION – CENTERVILLE MUSEUM ON 513 MAIN STREET INTRO: 03/20/08, 03/27/08

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Lindsay Counsell read the rationale. Ralph Tolbert, President of the Centerville Historical Society, explained how the museum works in a variety of ways educating the community and preserving the history and artifacts. (See Attachment A) Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing this item at: 9:17 p.m. VOTE: Majority in favor Upon motion duly made and seconded it was voted to go out of the public hearing at: 9:18 p.m. VOTE: No objection Councilor Chirigotis explained the variety of events that are held there; and the need for climate control. Upon motion duly made and seconded it was: ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of Seventy Thousand and No/100 ($70,000) Dollars be appropriated and transferred from Undesignated Community Preservation Funds for Historic Preservation in the Community Preservation Fund on June 21, 2007, under agenda item 2007-162; and that the Town of Barnstable, Growth Management Department is authorized to contract for and expend the amount of $70,000 with the prior approval of the Town Manager, for the update of the climate control system and new insulation at the museum located at 513 Main Street, Centerville, MA, Map 207, Parcel 048, to be secured by a Historic Preservation Restriction. VOTE: ROLL CALL – 13 yes 2008-116 COMMUNITY PRESERVATION FUND APPROPRIATION & TRANSFER FOR COMMUNITY HOUSING IMPROVEMENTS INTRO: 03/20/08, 03/27/08 Lindsay Counsell gave the rationale; and turned it over to Laura Shufelt, who described the situation and feels that this will be a better option. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing this item at: 9:25 p.m. VOTE: Majority in favor David Delancey asked if it will be a rental and how much will the rent be. Shufelt said these will be rental units and will follow the guideline that has the rent at 30% of the person’s income Upon motion duly made and seconded it was voted to go out of the public hearing at: 9:28 p.m. VOTE: No objection

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Councilor Crocker asked if this will have a deed restriction; and it will. Shufelt said it will go from 5, one- room units to 3, 1- bedroom units and will have sufficient parking. Upon motion duly made and seconded it was: ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of One Hundred Eighteen Thousand Four Hundred Twenty and No/100 ($118,420) Dollars be appropriated and transferred from Undesignated Community Preservation funds in the Community Preservation Fund on June 21, 2007 under item 2007-162; and that the Town of Barnstable, Growth Management Department is authorized to contract for and expend the amount of $118,420 with the prior approval of the Town Manager; the conversion of four (4) single room occupancy units to two (2) one-bedroom units and one (1) studio unit located at 93 Pleasant Street, Hyannis, MA, Map 326, Parcel 029. VOTE: ROLL CALL – 12 yes 1 no (Councilor Canedy) 2008-117 COMMUNITY PRESERVATION FUND APPROPRIATION FOR ACQUISITION OF A CONSERVATION RESTRICTION ON 5 ACRES INTRO: 03/20/08, 03/27/08 Lindsay Counsell introduced members of the CPC and then gave the rationale. Jackie Barton, from the Barnstable Land Trust, thanked the CPC for their hard work. She showed the Little River corridor, where this property is located; and described the area around it and through it. (See Attachment B) Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing this item at: 9:40 p.m. VOTE: Majority in favor Upon motion duly made and seconded it was voted to go out of the public hearing at: 9:41 p.m. VOTE: No objection

o Councilor Farnham asked what the $35,000 extra amount included. Barton said that it covered the costs of closing etc. Barton noted that the parcel is a buildable lot.

o Councilor Munafo asked about the purchase price of $174,000 and was told that

the town will hold a conservation restriction for its $100,000 contribution.

o Councilor Chirigotis asked if it will have public access and was told, yes.

o Councilor Barry thanked Ms. Barton for her service to the village and the town. Barton said she does it because she loves the town of Barnstable.

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o Councilor Crocker asked to have another column added to the handout (see Attachment C) to show the remaining funds after appropriations. Counsell said an updated chart will be sent to them.

o Councilor Farnham asked if the CPC felt a joint meeting with the council might be

in order. Counsell said it would be a good idea.

Upon motion duly made and seconded it was: ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of One Hundred Thousand and No/100 ($100,000) Dollars be appropriated and transferred from the amount set aside for Open Space in the Community Preservation Fund on June 21, 2007 under item 2007-162; and that the Town of Barnstable Growth Management Department is authorized to contract for and expend the amount of ($100,000) with the prior approval of the Town Manager for the purpose of acquiring a Conservation Restriction on a five (5) acre parcel located at 0 Sampson’s Mill Road in Cotuit, with Map 038, Parcel 002. VOTE: ROLL CALL 13 yes Pres. Joakim thanked the CPC for their hard work. Councilor Milne asked President Joakim to request council approval of a correction of a typo on 2008-114 on the Map/Parcel of 234/021 – it must be changed to 235/021. VOTE: Unanimous in favor – previous record of vote reflects the correction. LATE FILE 2008-127 –APPROPRIATION AND TRANSFER ORDER FOR EMERGENCY RESPONSE TO BARNSTABLE INNER HARBOR BULKHEAD FAILURE AND EMERGENCY STABILIZATION PLAN Upon motion duly made and seconded, it was voted to move this item to a public hearing to be held on April 17, 2008. VOTE: Unanimous in favor ADJOURNMENT Upon motion duly made and seconded, it was unanimously voted to adjourn. ADJOURNED: at 9:50 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


April 3, 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, April 3, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. President Joakim led the Council in the Pledge of Allegiance and a moment of silence. President Joakim announced that the public hearings on items 2008-103 through 2008-110 would be postponed to April 17, 2008. ACT ON MINUTES Upon a motion duly made and seconded it was voted to approve the minutes of March 6, 2008 with the following corrections: under public comment of Al Baker, add “opinion of a” before “speaker”; under Len Clark, add “which has been approved by a local commission” after “dock”; under Stuart Rapp, change “The” to “An” at the beginning of the second sentence. Add to Councilor Crocker’s comments under Council Response, by beginning the last sentence with: “Regarding public comments on the vacant charter seat.” Also under Communications: add “Councilor” before “Ann Canedy”; replace “Hyannis Access Task Force” with “Barnstable Civic Association”; change “Andre Sampou is a past recipient….” by deleting “past”; and change “Tom Burton” to “Tom Burtnes.” VOTE: Unanimous Upon a motion duly made and seconded it was voted to approve the minutes of March 20, 2008 with the following correction: under Communications, change Councilor Milne’s comments to “Councilor Milne said it is the second time the Charter Commission public hearing conflicted with a Town Council meeting and he was unaware of the March 27th council meeting. He stated that the council did not cause the scheduling conflict.” VOTE: Unanimous PUBLIC COMMENT No participants. COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• Councilor Canedy announced a memorial service for Peter Doiron and the beginning of a grant to be given in his name. She announced a meeting on bulkheads.

• Councilor Curtis announced the possibility of upcoming vacancies on committees as members whose terms are ending decide if they wish to seek reappointment. She read through the list of committees with current openings.

• Councilor Crocker noted John Farrington’s passing and asked that he be remembered. • Councilor Munafo toured Main Street with Cynthia Cole, Dick Gallagher and CC Moore. They

had the overhead lights turned off to observe the “look” of Main Street with only its new lights and to determine where there could be additional lighting.

• Councilor Farnham announced the upcoming West Barnstable Civic Association spaghetti dinner. • Councilor Barton congratulated the BHS Drama Dept on their production of The Wizard of Oz

and commented on the success of the Diversity Workshop at the high school. Mall Night, a No Time For Hate committee meeting and River Day are all coming up.

• Councilor Tobey announced that School Committee member Debra Dagwan was ill with double pneumonia. Councilor Milne said she is in Falmouth Hospital and is doing better.

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ORDERS OF THE DAY OLD BUSINESS A motion was made and seconded to take Item 2008-091 out of order. VOTE: 8 Yes, 5 No President Joakim announced that this was the continued joint public hearing with the Planning Board. Planning Board members present: Felicia Penn, Marlene Weir, Steve Shuman, Ray Lang, Patrick Princi, and Dave Munsell. A motion was made and seconded to continue the public hearing at 7:25 PM. VOTE: no objection The Planning Board also voted to continue the public hearing by a unanimous vote. The Planning Board presented a substitute ordinance with amendments to the motion of March 6, 2008 as follows:

PLANNING BOARD RECOMMENDED AMENDMENTS TO SUBSTITUTE MOTION DATED March 6, 2008

2008-091 CREATING A TEMPORARY RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT Upon a motion duly made and seconded it was ORDERED that: Section 1. The zoning ordinance is hereby amended by adding the following new section: §240-37.1 Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District A. Purpose. (1) The purpose of this section is to protect the general public’s interest in the recreational harvesting of shellfish by creating a Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District within said overlay zoning district. The purposes of the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District include: (a) Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law and; (b) Prohibiting docks and piers and the harvest of shellfish utilizing the hydraulic method in coastal waters designated as significant shellfish habitat. (c) To allow time to conduct an update of the 1990 “Coastal Resources Management Plan”. B. Establishment of district. (1) In order to implement the purposes of this section, the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District is hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time. The Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District shall include those areas shown on the map entitled “Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District” dated February 28, 2008, filed with the Town Clerk, up to and including the area seaward of the mean high water line, which map, together with all explanatory material thereon, is hereby incorporated in and made part of this chapter. C. Overlay District Map. The boundaries of the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of August 30, 2000. D. Prohibition. Within the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District, the harvest of shellfish utilizing the hydraulic method and the construction and/or installation of docks and piers is

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prohibited, unless such dock or pier has the benefit of a valid Order of Conditions issued prior to August 17, 2007, and receives all other necessary local, state and federal permits, in which case the construction and/or installation and maintenance of said dock or pier shall not be prohibited. E. Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95 A(1) and B, provided that such reestablishment shall include only materials currently allowed for such construction by the Barnstable Conservation Commission, and, for the purposes of this section, the pursuit of construction continuously to completion shall mean that construction shall be completed within one year of receipt of all required permits. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted. F. Expansion of existing docks or pier. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District shall be deemed to be substantially detrimental and shall be prohibited. G. Definitions. The terms “dock” and “pier” shall be used interchangeably for the purposes of these regulations and shall mean the entire structure of any pier, wharf walkway, or float, and any part thereof, including pilings, ramps, walkways, float, tie-off pilings, dolphins and/or outhaul posts, that is located on a coastal bank (310 CMR 10.30), land under water bodies and waterways (310 CMR 10.56), land under the ocean (310 CMR 10.25), land under a salt pond (310 CMR 10.33), rocky intertidal shore (310 CMR 10.31), or that portion of a coastal beach (310 CMR 10.27) seaward of the mean high water line. Notwithstanding the above, either a swimming float or work float, kept at a mooring, that receives a permit from the Harbormaster and is not connected with the shore, is not a float subject to these regulations. Bulkheads duly permitted for the purpose of erosion control are not subject to this section. H. Coastal Resources Management Plan. During the time this temporary overlay district is in effect, the Town of Barnstable Planning Board Subcommittee on Zoning in conjunction with assistance from the Growth Management Department and the Barnstable Department of Marine and Environmental Affairs shall cause to be executed a comprehensive update of the 1990 Coastal Resources Management Plan. At the conclusion of such update the Planning Board Subcommittee on Zoning will deliver to the Town Council said updated plan along with its recommendation with regard to any land use enactments, water sheet zoning or other harbor management tools as deemed appropriate. Section 2. The official zoning map of the Town of Barnstable is hereby amended by adding a Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District as shown on the map entitled “Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District”, dated February 28, 2008. Section 3. This section 240-37.1 shall cease to be effective eighteen months from its effective date. Planning Board member, Steve Shuman, discussed the substitute ordinance (See Exhibit A for complete text of his comments). The Planning Board took testimony from a wide range of committees. They take zoning ordinance recommendations very seriously. This is a compromise ordinance. He expressed the committee’s concerns that a zoning freeze to allow another committee to look at the issue will not be productive. The Planning Board would like to see the excellent 1990 Coastal Resources Management Plan updated during the next eighteen months, which will be a valuable planning tool for the town. The Planning Board unanimously recommended adoption of the substitute ordinance.

• Carol Horgan applauds the council for making the ordinance temporary rather than permanent. • Matt Ostrowski, a commercial shell fisherman and a member of the shellfish committee, spoke

about the value of the relay areas. Cape Cod Oyster Co. will donate $6,500 worth of oysters stock for propagation. The relay areas must be protected for the propagation program to continue or the project might as well be cancelled. They just want to protect 100 acres for the relay.

• Bob Lewson thanked all who have spoken passionately on both sides of the issue. He just enjoys shellfishing and will volunteer his help on the relays. This is a very small percentage of the coastal area - 114 acres - and the town incurs no cost.

• Donna Deflorio her neighbor’s kids enjoy the shellfishing. It would be unfortunate to loose that tradition.

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• Camille Brulee loves to shellfish. She read a statement in favor of the shellfish and relay areas from Andre Sampou. (See Exhibit B)

• Len Clark spoke in favor of shellfish relay habitat. People are taking the public property away from the shellfish. A gentrification of harbors has shifted power away from those who work the waterfront. He sees this as a personal benefit from the public’s resource.

• Stewart Rapp is conflicted. He would like to see ordinance take effect as a permanent beginning to a solution. With this ordinance the committee is just trying to protect the resource.

A motion was made and seconded to close the public hearing at 7:49 PM. VOTE: Unanimous The Planning Board also closed the public hearing by unanimous vote. Town Attorney Ruth Weil asked for a ten minute break to add other language to the ordinance. Recess from 7:50 PM to 8:13 PM.

• Councilor Milne agrees with the Planning Board’s item. They were unanimous, holding a positive public hearing on it. Every person who has spoken encourages doing this. He is in favor.

• Councilor Barry suggests that the issue be revisited by the Planning Board subcommittee. Wianno and Hyannisport Yacht Clubs had concerns. He cares about preserving the habitat yet the issue is about compromise. He does not want to see it die on the vine; it does not cost any money.

• Councilor Crocker feels the town already is protecting oysters because there is an existing relay area. This has to address all people with an interest in the harbor resource. He will support the original version in the agenda booklet.

• Councilor Barton feels thought and deliberation has gone into it and she will support the Planning Board’s motion.

• Councilor Curtis agrees with Barton and supports the Planning Board amendments. She agrees the original article had too many on the committee and feels the Planning Board and its subcommittee will come forward with an appropriate plan.

• Councilor Farnham said the amended motion from the town attorney (ver. As Amended April 3, 2008, see below) includes regular updates and allows for a private consultant. He feels these are important additions that are not in the document on the floor.

• Councilor Munafo, who considers this an anti-boat ordinance, feels both sides need to be heard. There is no threat of a dock being built right now because it would take two years before a permit to build would be in hand. He is in favor of the original version which was in the agenda. He will lodge a charter objection if any amended version is brought up for a vote.

• Councilor Canedy supports the Planning Board amendments; they have done the research and come to a conclusion. They would not let personal opinions bias the report. The proposed ordinance includes periodic reports back and a consultant would be used if needed. She has waterfront property and there is no intent to bash waterfront property owners. The water not owned by any one person. NOTE: Mr. Munafo made a charter objection after Councilor Canedy began speaking. President Joakim did not recognize the charter objection because they were in the middle of the discussion.

• Councilor Tobey feels the legislation and the science is confusing. He is concerned about the devaluation of everyone’s property. He can support the agenda item but not the Planning Board recommendation.

• Councilor Tinsley had to do research on this subject because he was not here when this all started. A dock is not a right but the ability to apply for one is. In his research he learned that a big ad hoc committee could succeed. He cited the Puget Sound team as an example of a large committee, which was successful in addressing similar issues.

• Councilor Farnham asked for the impact of a charter objection with respect to the various amendments. Atty. Weil explained the charter objection. Since the council president called it ‘out of order’ and no one challenged it, there is no charter objection in effect.

• Felicia Penn said the Planning Board amendment is results driven while the amendment suggested is a micromanagement of details. Ordinances have to be results driven. Legislation is not needed to determine how many people it takes to get it done. The Planning Board is an inclusionary body; they will provide progress reports upon the asking; they have never denied the council. The Town has a coastal resources report that they will update and come back with reports. They are a

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results oriented board and will not accept anything less than results. She suggested the council have a little trust.

Councilor Crocker moved the question, which was seconded. VOTE: Unanimous On the March 6, 2008 substitute motion VOTE: 6 Yes, 7 No (Roll Call – Yes: Barton, Canedy, Curtis, Milne, Rugo, and Tinsley)

SUBSTITUTE MOTION DATED March 6, 2008 AS AMENDED APRIL 3, 2008

2008-091 CREATING A TEMPORARY RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT Upon a motion duly made and seconded it was ORDERED that: Section 1. The zoning ordinance is hereby amended by adding the following new section: §240-37.1 Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District A. Purpose. (1) The purpose of this section is to protect the general public’s interest in the recreational harvesting of shellfish by creating a Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District within said overlay zoning district. The purposes of the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District include: (a) Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law and; (b) Prohibiting docks and piers and the harvest of shellfish utilizing the hydraulic method in coastal waters designated as significant shellfish habitat. (c) To allow time to conduct an update of the 1990 “Coastal Resources Management Plan”. B. Establishment of district. (1) In order to implement the purposes of this section, the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District is hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time. The Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District shall include those areas shown on the map entitled “Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District” dated February 28, 2008, filed with the Town Clerk, up to and including the area seaward of the mean high water line, which map, together with all explanatory material thereon, is hereby incorporated in and made part of this chapter. C. Overlay District Map. The boundaries of the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of August 30, 2000. D. Prohibition. Within the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District, the harvest of shellfish utilizing the hydraulic method and the construction and/or installation of docks and piers is prohibited, unless such dock or pier has the benefit of a valid Order of Conditions issued prior to August 17, 2007, and receives all other necessary local, state and federal permits, in which case the construction and/or installation and maintenance of said dock or pier shall not be prohibited. E. Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95 A(1) and B, provided that such reestablishment shall include only materials currently allowed for such construction by the Barnstable Conservation Commission, and, for the purposes of this section, the pursuit of construction continuously to completion shall mean that construction shall be completed within one year of receipt of all required permits. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted.

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F. Expansion of existing docks or pier. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District shall be deemed to be substantially detrimental and shall be prohibited. G. Definitions. The terms “dock” and “pier” shall be used interchangeably for the purposes of these regulations and shall mean the entire structure of any pier, wharf walkway, or float, and any part thereof, including pilings, ramps, walkways, float, tie-off pilings, dolphins and/or outhaul posts, that is located on a coastal bank (310 CMR 10.30), land under water bodies and waterways (310 CMR 10.56), land under the ocean (310 CMR 10.25), land under a salt pond (310 CMR 10.33), rocky intertidal shore (310 CMR 10.31), or that portion of a coastal beach (310 CMR 10.27) seaward of the mean high water line. Notwithstanding the above, either a swimming float or work float, kept at a mooring, that receives a permit from the Harbormaster and is not connected with the shore, is not a float subject to these regulations. Bulkheads duly permitted for the purpose of erosion control are not subject to this section. H. Coastal Resources Management Plan. During the time this temporary overlay district is in effect, the Town Manager shall appoint an ad hoc committee (“Coastal Resource Management Committee”) to be comprised of a representative from the following: Conservation Commission, the Waterways Committee, the Shellfish Committee, the marina industry, the dock and pier construction industry, the commercial shellfish community, the recreational shellfish community, the marine permitting community, a wastewater professional, an owner of property in the temporary overlay district, and an interested party identified by the Town Manager. The ad hoc committee shall evaluate the 1990 Camp, Dresser & McKee study and identify areas requiring update and any potential benefits of creating a state-approved Harbor Management Plan. The committee will deliver to the Town Council progress reports within six months and twelve months from the adoption of this ordinance. The committee will submit to the town council a final updated plan along with its recommendations with regard to any land use enactments, water sheet zoning or other harbor management tools as deemed appropriate within eighteen months from the adoption of this ordinance. The committee shall work with town staff and any private consultant that may be hired by the Town for these purposes. Section 2. The official zoning map of the Town of Barnstable is hereby amended by adding a Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District as shown on the map entitled “Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District”, dated February 28, 2008. Section 3. This section 240-37.1 shall cease to be effective eighteen months from its effective date. Patty Daley, Director of Growth Management, reviewed the changes. She also made a fiscal impact statement involving the cost of a private consultant to assist in this work. It would be $100,000 to $200,000 in expense, however these are estimates based on a broad description not project specifics.

• Councilor Barton asked why the inland bank was deleted and would the council approve the funding. Inland bank refers to freshwater resources and the council would appropriate the funding.

• Councilor Curtis asked what would happen if this version fails. This is an amendment to the text of Item 2006-091 as it appears on the agenda. The council would then vote on the agenda item as amended or not amended.

• Councilor Milne thought cost was high. Director Daley explained that these were very general cold calls. Since it will be a diverse committee there should be professionals to elicit opinion and reach consensus. Once the scope is known, the fees would be more accurate and there would be a public bid.

• Dave Munsell thanked the public and counselors. He asked why they were left out of the new committee. Daley said it was a typo. She recommended that a member of the Planning Board be included.

A motion was made and seconded to add a member of the Planning Board to the composition of the ad hoc Coastal Resource Management Committee.

• Councilor Chirigotis said the former plan is a wonderful plan and should be used as a basis.

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• Councilor Crocker felt the group would decide if it needed a consultant. There will be professionals from the community on the committee, who can decide if they might want a consultant after getting into the issue. He sees plenty of work for everyone and will support it.

• Councilor Barry suggested that they “put it to bed.” A motion was made and seconded to also include a member of the town who has an aquaculture license. VOTE: No objection

• Councilor Munafo expressed concern about bulkheads and reports. Bulkheads are not held up by the ordinance and six month updates are included.

• Councilor Milne suggested that Donald Grissom, Council Administrative Assistant, needed a tickler mechanism to make sure items comes back to the council in a timely fashion.

Councilor Milne also made a motion which was seconded to add the following to the end of Section 3: “If the Harbor Management Study does not result in a plan that is implemented, the pier ban will continue until it does.”

• Councilor Crocker said this takes away time frames and he will not support it. With this amendment, if they do not meet the threshold they do not need an extension from the council.

• Councilor Canedy said it was worth considering. • Councilor Munafo said this document is more palatable, however, this amendment takes the larger

amendment over the top and he will not support it. VOTE: Yes 2, No 11 - Fails Councilor Barry made a friendly amendment defining that the holder of an aquaculture license be a resident of Barnstable. VOTE: Unanimous Councilor Crocker defined it further by suggesting the holder of the aquaculture license be an individual with a grant in the current estuary under study. VOTE: Unanimous On the addition of a member of the Planning Board VOTE: Unanimous On April 3, 2008 substitute motion as amended. VOTE: Unanimous (Roll Call) On Order 2008-091 (as amended by substitute motion dated April 3, 2008) 2008-091 CREATING A TEMPORARY RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT Upon a motion duly made and seconded it was ORDERED that: Section 1. The zoning ordinance is hereby amended by adding the following new section: §240-37.1 Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District A. Purpose. (1) The purpose of this section is to protect the general public’s interest in the recreational harvesting of shellfish by creating a Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District within said overlay zoning district. The purposes of the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District include: (a) Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law and; (b) Prohibiting docks and piers and the harvest of shellfish utilizing the hydraulic method in coastal waters designated as significant shellfish habitat.

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(c) To allow time to conduct an update of the 1990 “Coastal Resources Management Plan”. B. Establishment of district. (1) In order to implement the purposes of this section, the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District is hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time. The Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District shall include those areas shown on the map entitled “Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District” dated February 28, 2008, filed with the Town Clerk, up to and including the area seaward of the mean high water line, which map, together with all explanatory material thereon, is hereby incorporated in and made part of this chapter. C. Overlay District Map. The boundaries of the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of August 30, 2000. D. Prohibition. Within the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District, the harvest of shellfish utilizing the hydraulic method and the construction and/or installation of docks and piers is prohibited, unless such dock or pier has the benefit of a valid Order of Conditions issued prior to August 17, 2007, and receives all other necessary local, state and federal permits, in which case the construction and/or installation and maintenance of said dock or pier shall not be prohibited. E. Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95 A(1) and B, provided that such reestablishment shall include only materials currently allowed for such construction by the Barnstable Conservation Commission, and, for the purposes of this section, the pursuit of construction continuously to completion shall mean that construction shall be completed within one year of receipt of all required permits. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted. F. Expansion of existing docks or pier. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District shall be deemed to be substantially detrimental and shall be prohibited. G. Definitions. The terms “dock” and “pier” shall be used interchangeably for the purposes of these regulations and shall mean the entire structure of any pier, wharf walkway, or float, and any part thereof, including pilings, ramps, walkways, float, tie-off pilings, dolphins and/or outhaul posts, that is located on a coastal bank (310 CMR 10.30), land under water bodies and waterways (310 CMR 10.56), land under the ocean (310 CMR 10.25), land under a salt pond (310 CMR 10.33), rocky intertidal shore (310 CMR 10.31), or that portion of a coastal beach (310 CMR 10.27) seaward of the mean high water line. Notwithstanding the above, either a swimming float or work float, kept at a mooring, that receives a permit from the Harbormaster and is not connected with the shore, is not a float subject to these regulations. Bulkheads duly permitted for the purpose of erosion control are not subject to this section. H. Coastal Resources Management Plan. During the time this temporary overlay district is in effect, the Town Manager shall appoint an ad hoc committee (“Coastal Resource Management Committee”) to be comprised of a representative from the following: Conservation Commission, the Waterways Committee, the Shellfish Committee, the marina industry, the dock and pier construction industry, the commercial shellfish community, the recreational shellfish community, the marine permitting community, a wastewater professional, an owner of property in the temporary overlay district, a member of the Planning Board, a holder of an aquaculture license with a grant in the current estuary under study and an interested party identified by the Town Manager. The ad hoc committee shall evaluate the 1990 Camp, Dresser & McKee study and identify areas requiring update and any potential benefits of creating a state-approved Harbor Management Plan. The committee will deliver to the Town Council progress reports within six months and twelve months from the adoption of this ordinance. The committee will submit to the town council a final updated plan along with its recommendations with regard to any land use enactments, water sheet zoning or other harbor management tools as deemed appropriate within eighteen months from the adoption of this ordinance. The committee shall work with town staff and any private consultant that may be hired by the Town for these purposes.

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Section 2. The official zoning map of the Town of Barnstable is hereby amended by adding a Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District as shown on the map entitled “Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District”, dated February 28, 2008. Section 3. This section 240-37.1 shall cease to be effective eighteen months from its effective date. VOTE: Unanimous (Roll Call) Councilor Barry withdrew Item 2008-068. Items 2008-118 and 2008-119 were taken out of order with no objection. 2008-118 LAYOUT & NAME CHANGE OF MARY DUNN WAY – AKA MARY DUNN ROAD AND OLD MARY DUNN ROAD TO AVIATION WAY Upon a motion duly made and seconded it was ORDERED, that the sections of Mary Dunn Way, A.K.A. Mary Dunn Road, and old Mary Dunn Road shown on plans which are on file with the Town Clerk’s Office are hereby discontinued and that the layout of Aviation Way with areas and dimensions as shown on the same plans on file with the Town Clerk’s Office is hereby accepted and that the Manager is authorized to purchase, take by eminent domain, or otherwise acquire easements for highway purposes over the defined layout of said street and to appropriate the sum of $1.00 for said purpose. Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-118 at 9:20 PM. VOTE: No Objection Airport Manager Quincy “Doc” Mosby gave the rationale. This change will clear up many delivery problems. Upon a motion duly made and seconded it was voted to close the public hearing at 9:22 PM. VOTE: No objection Councilor Crocker asked if anyone’s rights are being abolished with regard to ancient ways. Town Engineer, Bob Burgmann, said this would not extinguish anyone’s rights since it is the town’s rights that are to be given up. The road will be absorbed by the airport and there will be a road with another name accepted. Crocker wants legal assurance that no rights have been extinguished. Manager Mosby added that the Planning Board held a public hearing. Atty. Weil said that no legal work was done regarding the abolishment of rights. Crocker suggested the item be postponed pending a legal decision. A motion was made and seconded to postpone this item to the next meeting, April 17, 2008. VOTE: Unanimous 2008-119 SUPPLEMENTAL APPROPRIATION & TRANSFER ORDER BARNSTABLE MUNICIPAL AIRPORT Upon a motion duly made and seconded it was ORDERED, that the Town Council does hereby appropriate the sum of $470,000 for the specific purpose of funding aviation jet fuel purchases ($450,000) at the Barnstable Municipal Airport, in order to apply for a congressional authorized Small Community Air Service Development Grant. To meet this appropriation, that $470,000 be transferred from the Airport’s surplus funds for the remainder of fiscal year 2008. Jet fuel consumption has not increased for the airport. This appropriation and loan order has been prompted by the significant increase of the price of aviation jet fuel compared to FY 07, given changes in economic activity around the world. Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-119 at 9:25 PM. VOTE: No Objection Airport Manager Mosby gave the rationale. Upon a motion duly made and seconded it was voted to close the public hearing at 9:26 PM.

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VOTE: No Objection Councilor Crocker asked if this was a customary request. It is. VOTE: Unanimous (Roll call) 2008-097 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE REPLACEMENT STORAGE TANKS FOR THE WASTEWATER TREATMENT PLANT IN HYANNIS Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-097 at 9:29 PM. VOTE: No Objection Town Manager John Klimm made some general comments on the CIP program. He has submitted an appendix with the entirety of the requests as well as more focused projects. Senior staff and CFAC scored the most important CIP items. Those were reviewed and the numbers are in the book. Finance Director Mark Milne made a PowerPoint presentation (See Exhibit C). The challenge for the future is where to find more resources to put into the Capital Trust Fund. President Joakim, will be looking a workshops in the spring to review the options for funding capital projects. Councilor Munafo asked about environmental remediation over next 10 years. DPW Director, Mark Ells, said it would mostly involve nitrogen management. Councilor Crocker asked about the financial separation of the schools. Milne said the ‘savings account’ arrangement with the school department does not apply to the Capital Trust Fund (CTF) expenditures. Councilor Milne asked about the funds gained from selling the school property. Revenue from sale of school did not go into the CTF. It is reserved for renovations for elementary schools as part of the plan to close some schools and add on to others. Councilor Farnham, noting the similarities and differences in the rating of the CIP items between the task force and CFAC, asked how the manager makes his selections. Value judgments are made on which requests need to go forward. Results of the two independent processes are pretty similar. Farnham feels a workshop would be helpful to learn why the two independent groups might have supported other projects. Upon a motion duly made and seconded it was voted to close the public hearing at 9:50 PM. VOTE: No objection 2008-097 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE REPLACEMENT STORAGE TANKS FOR THE WASTEWATER TREATMENT PLANT IN HYANNIS Upon a motion duly made and seconded it was ORDERED, that the sum of $145,000 be appropriated for the purpose of funding the purchase and installation of replacement storage tanks for chlorine and diesel fuel at the Waste Water Treatment Plant in Hyannis as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $145,000 be transferred from available funds within the Sewer Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. Mark Ells gave the rationale. It is a transfer from sewer reserve with no tax or fee impact. VOTE: Unanimous (Roll Call)

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2008-098 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE WASTEWATER TREATMENT PLANT ROOFS IN HYANNIS Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-098 at 9:53 PM. VOTE: No Objection Mark Ells gave the rationale. Upon a motion duly made and seconded it was voted to close the public hearing at 9:55 PM. VOTE: Unanimous 2008-098 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE WASTEWATER TREATMENT PLANT ROOFS IN HYANNIS Upon a motion duly made and seconded it was ORDERED, that the sum of $390,000 be appropriated for the purpose of funding the replacement of roofs on the septage and blower buildings at the Waste Water Treatment Plant in Hyannis as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $390,000 be transferred from available funds within the Sewer Reserve Enterprise Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. Councilor Curtis asked why it was a rubber roof. That is the appropriate design. It will be a transfer from reserves with no budget increase. VOTE: Unanimous (Roll Call) 2008-099 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE WASTEWATER TREATMENT PLANT CHLORINE DISTRIBUTION SYSTEM IN HYANNIS Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-099 at 9:57 PM. VOTE: No Objection Mark Ells gave the rationale. It is a regulatory requirement. Councilor Crocker asked if this was being done with an eye towards extended permits. Yes. Director Ells explained that the town has received DRI approval from the Cape Cod Commission and will have treatment capacity for an anticipated 4.2 M gallons per day. Future planning will look toward that capacity. Councilor Munafo has concerns about current rate payers paying for the expansion. Ells said the previous two requests were for current customers. The next two studies will include both current and new customers. He anticipates sewer expansion and a rate revision, but there will be public discussion and public hearings prior to any changes. Councilor Farnham made a motion which was seconded to change “funding the replacement” to “funding the design of the replacement.” VOTE: Unanimous Upon a motion duly made and seconded it was voted to close the public hearing at 10:01 PM. VOTE: No objection On the motion as amended: 2008-099 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE WASTEWATER TREATMENT PLANT CHLORINE DISTRIBUTION SYSTEM IN HYANNIS Upon a motion duly made and seconded it was ORDERED, that the sum of $50,000 be appropriated for the purpose of funding the design of the replacement of the chlorine distribution system at the Waste Water Treatment Plant in Hyannis as

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outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $50,000 be transferred from available funds within the Sewer Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2008-100 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE ENGINEERING FOR HANDLING INCREASED SLUDGE AT THE WASTEWATER TREATMENT PLANT IN HYANNIS Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-100 at 10:03 PM. VOTE: No Objection Mark Ells gave the rationale. Upon a motion duly made and seconded it was voted to close the public hearing at 10:05 PM. VOTE: No Objection

• Councilor Milne asked about an increase in sludge. Ells said that it is both from septic and sewerage. He would like to see more customers but wants to have the capacity, which may double, to handle it.

• Councilor Munafo asked who is paying for it. He has an issue with this being for future use, with current users paying for it. The CTF is for maintaining the facility. He will not support this item.

• Councilor Curtis believes it is for maintenance to insure the system continues to function. The town is looking at providing sewers to other parts of the community. Ells said they have planned sewer expansion areas and are working with consultants to put together a five to seven-year plan to increase the sewering.

• Councilor Farnham said the council will see a CIP request for $800,000 next year. There will be an increase in betterments or hookup fees for new users coming on-line. Ells said they can use alternative funding mechanisms and can apportion for new vs. current use.

2008-100 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE ENGINEERING FOR HANDLING INCREASED SLUDGE AT THE WASTEWATER TREATMENT PLANT IN HYANNIS Upon a motion duly made and seconded it was ORDERED, that the sum of $40,000 be appropriated for the purpose of funding an engineering evaluation of equipment alternatives and design for handling increased sludge flows at the Waste Water Treatment Plant in Hyannis as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $40,000 be transferred from available funds within the Sewer Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: 12 Yes, 1 No (Roll Call – No: Munafo) 2008-101 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR NEW MONITORING WELLS AT THE SOLID WASTE FACILITY IN MARSTONS MILLS Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-101 at 10:14 PM. VOTE: No Objections Mark Ells gave the rationale. They are failed wells and need to be replaced in order to stay in compliance. Upon a motion duly made and seconded it was voted to close the public hearing at 10:17 PM. VOTE: No Objections

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2008-101 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR NEW MONITORING WELLS AT THE SOLID WASTE FACILITY IN MARSTONS MILLS Upon a motion duly made and seconded it was ORDERED, that the sum of $48,000 be appropriated for the purpose of funding the design, permitting and installation of new groundwater monitoring wells at the Solid Waste Facility in Marstons Mills as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $48,000 be transferred from available funds within the Solid Waste Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2008-102 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR REPAIR OF MAINTENANCE GARAGE AT THE SOLID WASTE FACILITY IN MARSTONS MILLS Upon a motion duly made and seconded it was voted to open a public hearing on item 2008-102 at 10:18 PM. VOTE: No Objections Mark Ells gave the rationale. It is a repair not a replacement. Upon a motion duly made and seconded it was voted to close the public hearing at 10:20 PM. VOTE: No Objection Councilor Milne made a motion which was seconded to change “design and construction, repair of replacement maintenance garage” to “design, construction and repair of the maintenance garage.” VOTE: Unanimous On motion as amended: 2008-102 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR REPAIR OF MAINTENANCE GARAGE AT THE SOLID WASTE FACILITY IN MARSTONS MILLS Upon a motion duly made and seconded it was ORDERED, that the sum of $97,500 be appropriated for the purpose of funding the design, construction and repair of the maintenance garage at the Solid Waste Facility in Marstons Mills as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $97,500 be transferred from available funds within the Solid Waste Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call)

2008-103 Appropriation & Transfer Order to fund the capital improvement plan for the repair & upgrade to water supply wells & pump Upon a motion duly made and seconded this item was postponed to April 17, 2008. VOTE: Unanimous

2008-104 Appropriation & Transfer Order to fund the capital improvement plan to repair public roads & drainage systems Upon a motion duly made and seconded this item was postponed to April 17, 2008. VOTE: Unanimous

2008-105 Appropriation & Transfer Order to fund the capital improvement plan to demolish the three portable classrooms at the Hyannis East Elementary School Upon a motion duly made and seconded this item was postponed to April 17, 2008. VOTE: Unanimous

2008-106 Appropriation & Transfer Order to fund the capital improvement plan to repair the Cotuit Town Dock Upon a motion duly made and seconded this item was postponed to April 17, 2008.

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VOTE: Unanimous

2008-107 Appropriation & Transfer Order to fund the capital improvement plan funding maintenance dredging of Cotuit Harbor Upon a motion duly made and seconded this item was postponed to April 17, 2008. VOTE: Unanimous

2008-108 Appropriation & Transfer Order to fund the capital improvement plan funding for improvements to municipal facilities Upon a motion duly made and seconded this item was postponed to April 17, 2008. VOTE: Unanimous

2008-109 Appropriation & Transfer Order to fund the capital improvement plan for alum treatment in Mystic Lake, Marstons Mills Upon a motion duly made and seconded this item was postponed to April 17, 2008. VOTE: Unanimous

2008-110 Appropriation & Transfer Order to fund the capital improvement plan for improvements to Barnstable school facilities Upon a motion duly made and seconded this item was postponed to April 17, 2008. VOTE: Unanimous

NEW BUSINESS 2008-122 APPROPRIATION & TRANSFER ORDER FY 08 VETERANS’ BENEFITS Upon a motion duly made and seconded it was voted to refer this item to a public hearing on April 17, 2008. VOTE: Unanimous 2008-124 APPROPRIATION & TRANSFER ORDER FUNDING LIGHTING FOR HYANNIS WALKWAY TO THE SEA FROM EMBARKATION FEE SPECIAL REVENUE FUND Upon a motion duly made and seconded it was voted to refer this item to a public hearing on April 17, 2008. VOTE: Unanimous 2008-125 EXEMPTION OF AN INTEREST UNDER CONFLICT OF INTEREST LAW Upon a motion duly made and seconded this item was referred to a second reading on April 17, 2008. VOTE: Unanimous 2008-126 APPOINTMENTS OF TOWN MANAGER TO AFFORDABLE HOUSING/GROWTH & DEVELOPMENT TRUST FUND BOARD Upon a motion duly made and seconded this item was referred to a second reading on April 17, 2008. VOTE: Unanimous Upon a motion duly made and seconded it was voted to adjourn the meeting at 10:30 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk


April 17, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on April 17, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., and James M. Tinsley, Jr. ABSENT: Leah Curtis, Thomas Rugo, Harold Tobey

A The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence, asked for prayers for Harold and Donna Tobey on the loss of their daughter.

PROCLAMATION: Women’s Equal Pay Day Councilor Barton read a women’s equal pay day proclamation that highlighted that women still make less than men. Tuesday April 22, 2008 was declared as equal pay day. PUBLIC COMMENT

• Mary Clement noted that the charter commission is thinking about a mayoral form of government and she feels that we need to believe in our government and look for possible change.

• John Alden reminded folks of upcoming charter meetings.

• Al Baker noted the need for people to count herring; and announced that River Day

will be at Burgess Park. ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of the March 27, 2008 Special Town Council meeting. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to approve the minutes of April 3, 2008. VOTE: Unanimous in favor COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

Councilor Canedy announced Earth Day celebrations on April 21; and nominations for the Mercy Otis Warren award.

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Mark Ells, Dir. Of Public Works gave an update on the Barnstable Harbor bulkhead

collapse. It will be temporarily reinforced and they are working on a more permanent fix.

Councilor Barry noted a meeting on the fixing of School Street in Cotuit.

President Joakim announced that there will be a volunteer tea April 24 at 1:30 for

the Senior Volunteers.

Patty Daley said that Barnstable is one of the top 50 finalists for the Innovations in American Government award.

Councilor Milne thanked the manager for directing the fixing of the pavement on

Ocean Street.

Councilor Farnham asked for more information on the award – Daley said that Barnstable’s presentation was on restructuring government to meet the needs in the community.

ORDERS OF THE DAY A. OLD BUSINESS 2008-122 was taken out of order by mutual consent. 2008-122 APPROPRIATION & TRANSFER ORDER FOR THE FY08 VETERANS’ BENEFITS BUDGET INTRO: 04/03/08; 04/17/08 Sidney L. Chase, Director of Veterans Services explained the need for the money. He said with the cost of living and expenses increasing and the dissolving of many part time jobs; it has left his budget with various shortfalls. Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing this item. VOTE: No objection Upon motion duly made and seconded it was voted to go out of the public hearing at: 7:30 p.m. VOTE: No objection

• Mark Milne, Director of Finance, explained the reimbursement process and the fact that we will get it back.

• Councilor Milne applauded Mr. Chase for his work. Mr. Chase thanked his

contemporaries who work for the town.

• Councilor Crocker noted that this money is for the veterans in our town

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Upon motion duly made and seconded it was: ORDERED: That the sum of $70,000 be appropriated from available funds for the purpose of funding the Town's FY 2008 Veterans’ benefits budget. VOTE: ROLL CALL 10 yes Bill Brower from CFAC gave an overview of the process of evaluating CIP projects. CFAC reviewed 71 in all. He explained the scoring process, interviews on the projects, and the ranking. There was $22M in requests with only $6M to fund them. CFAC supports the Capital Improvement Budget as presented by the Town Manager. Town Manager John Klimm thanked the CFAC for their hard work. He noted that we needed to meet at a workshop on future capital needs and the lack of funds to support them. Councilor Farnham asked Mr. Brower about the process and any possible changes. He stated that it needs to be fine-tuned. Farnham agreed that we have to look at options to help fund capital needs. 2008-103 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN TO REPAIR & UPGRADE WATER SUPPLY WELLS & PUMP STATIONS INTRO: 03/20/08, 04/17/08 Mark Ells and Hans Keiser gave a brief overview on this appropriation. Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing this item. VOTE: No objection Upon motion duly made and seconded it was voted to go out of the public hearing at 7:47 p.m.. VOTE: No objection

Councilor Munafo wanted it noted that this is for the Hyannis wells and asked what was needed. Keiser said the emergency generator is needed at Straightway.

Councilor Crocker asked about the size of the well and its importance. Keiser said

it is about 1,000 gpm. Ells said the Hyannis Water Board supported this appropriation.

Vice Pres. Chirigotis asked about chlorination and how long it will continue. Ells

said it will continue until we can get it all tested and complete.

Councilor Milne asked if the work was to be done in house. Ells said we will purchase an emergency generator and contract for it. Milne asked if we could take

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over the operations of the water company ourselves; Ells said that we are going to look into it. The Town Manager said we will look at all options.

Manager Klimm thanked the water board for their work; and thanked the business

community for their support. Upon motion duly made and seconded it was: ORDERED, that the sum of $200,000 be appropriated for the purpose of funding a continuing program of repairing and upgrading water supply wells and pump stations owned by the Town as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $200,000 be transferred from available funds within the Water Supply Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: ROLL CALL 10 YES 2008-104 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN TO REPAIR PUBLIC ROADS AND DRAINAGE SYSTEMS INTRO: 03/20/08, 04/17/08

• DPW Dir. Ells addressed this item and some of its inclusions

• Councilor Crocker asked for more detail. Ells said we have the 4th largest road system in the state; he explained some of the various areas where road improvements are being identified. This is a critical portion of the budget that deals with Federal and State funds as well.

• Crocker asked Mark Milne about the new growth fund.. Milne said we had had

good years of new growth which we captured and put into the capital program.

• Councilor Barton asked about extending the sidewalk on Osterville-West Barnstable Rd. near the school. She was told that sidewalks are looked at as part of projects and on their own.

• The Town Manager asked for information about the pavement roads project. Ells

said it is a formula of needs, use, age, condition and deterioration. They are trying to catch roads before they deteriorate.

Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing this item. VOTE: No objection Upon motion duly made and seconded it was voted to go out of the public hearing at: VOTE: No objection Upon motion duly made and seconded it was:

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ORDERED, that the sum of $3,250,000 be appropriated for the purpose of funding the repair of the Town’s public roads and drainage systems as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $3,250,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto. VOTE: ROLL CALL 10 yes 2008-106 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN TO REPAIR THE COTUIT TOWN DOCK INTRO: 03/20/08; 04/17/08 Mark Ells explained that there is a need at the dock and it needs a permanent fix - Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing this item. VOTE: No objection Upon motion duly made and seconded it was voted to go out of the public hearing at 8:13 p.m. VOTE: No objection

• Councilor Munafo asked about the life of the pilings. Ells said they should last decades as long as they are not damaged or installed improperly. Councilor Barry thanked DPW for the repair last year.

• Councilor Crocker has dock envy; and asked when it will be completed. Ells said

this fall. Upon motion duly made and seconded it was: ORDERED, that the sum of $80,000 be appropriated for the purpose of funding the repair of the Cotuit Town Dock as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $80,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto. VOTE: ROLL CALL 10 Yes 2008-107 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR THE MAINTENANCE DREDGING OF COTUIT HARBOR INTRO: 03/20/08; 04/17/08 Dan Horn, Harbormaster explained the issues with drainage and shoaling and what needs to be done.

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Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing this item. VOTE: No objection Upon motion duly made and seconded it was voted to go out of the public hearing at: 8:15 p.m. VOTE: No objection

• Councilor Canedy has dredge envy.

• Councilor Crocker asked about when it was to be dredged; and Ells explained that it will happen after the permitting process is complete.

Upon motion duly made and seconded it was: ORDERED, that the sum of $90,000 be appropriated for the purpose of funding maintenance dredging of Cotuit Harbor as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $90,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto. VOTE: ROLL CALL 10 YES 2008-105 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN TO DEMOLISH PORTABLE CLASSROOMS INTRO: 03/20/08, 04/17/08 Upon motion duly made and seconded it was voted that this item will come back for a first reading on May 1st and will be scheduled for a public hearing and vote on May 15, 2008. VOTE: 10 Yes 2008-108 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR FACILITIES IMPROVEMENTS INTRO: 03/20/08; 04/17/08 Upon motion duly made and seconded it was voted that this item will come back for a first reading on May 1st and will be scheduled for a public hearing and vote on May 15, 2008. VOTE: 10 Yes 2008-109 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR ALUM TREATMENT IN MYSTIC LAKE, MARSTONS MILLS INTRO: 03/20/08; 04/17/08 Upon motion duly made and seconded it was voted that this item will come back for a first reading on May 1st and will be scheduled for a public hearing and vote on May 15, 2008. VOTE: 10 Yes

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2008-110 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR BARNSTABLE SCHOOLS FACILITIES IMPROVEMENTS INTRO: 03/20/08; 04/17/08 Upon motion duly made and seconded it was voted that this item will come back for a first reading on May 1st and will be scheduled for a public hearing and vote on May 15, 2008. VOTE: 10 Yes President Joakim invited the public to speak to any of the above items that were postponed; and explained that there will be a public hearing on each of these in May. No one from the public spoke. 2008-118 CHANGE IN THE LAYOUT & NAME OF MARY DUNN WAY, AKA MARY DUNN ROAD, & OLD MARY DUNN ROAD & TO AVIATION WAY INTRO: 03/20/08; 04/03/08;04/17/08 President Joakim announced and it was agreed that this item has been postponed indefinitely. 2008-124 APPROPRIATE & TRANSFER FROM THE EMBARKATION FEE SPECIAL REVENUE FUND FOR LIGHTING THE HYANNIS WALKWAY TO THE SEA INTRO: 04/03/08; 04/17/08 Councilor Munafo gave the rationale on this item. Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing this item. VOTE: No objection Upon motion duly made and seconded it was voted to go out of the public hearing at: 8:24 p.m. VOTE: No objection

• Councilor Canedy asked about the project. Munafo said this is the next step in a number of steps to get the program in place. Canedy asked if the initial study did not include this. Munafo said we looked at levels of lights needed and fixtures, but we need this next step to be complete.

• Town Manager Klimm said that Councilor Munafo has spent a lot of time on this

project and Hyannis residents owe him a debt of gratitude.

• Councilor Farnham is curious about the extra monies for another study. Munafo said the study showed the Hyannis Downtown area – we had mapped out a plan

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that had a complete list of fixtures which we adopted in June. Farnham questioned the $20,000.

Councilor Farnham moved and it was seconded to amend this item by changing the amount from $150,000 to $130,000.

• Munafo said we have a plan, and we won’t have to dip into town resources to get this done, in fact he noted that there are substantial Federal monies that could be acquired..

• Mark Ells said there was an earlier phase but we need the study to help with the

implementation. We need this conclusion to the planning study. Manager Klimm concurred with Munafo that there is a large Federal program that will assist municipalities in transforming municipal buildings into green technology – and municipal lighting. If we do not have the specific information in the form of a study we cannot apply.

• Councilor Milne said as far as embarkation money goes, we are to use the money

around the harbor. This area needs a focus on lighting and we would be using it specifically for the use it was intended. Milne would be against the amendment.

• Crocker said the people who do these studies are very qualified and do that work

specifically. VOTE: Unanimous opposition to the amendment. Upon motion duly made and seconded it was: ORDERED: That the Barnstable Town Council hereby appropriates $150,000 for the lighting of the Hyannis Walkway to the Sea and to meet the appropriation that the Town transfers $150,000 from the embarkation fee special revenue fund VOTE: ROLL CALL – 10 yes 2008-125 EXEMPTION OF AN INTEREST UNDER THE CONFLICT OF INTEREST LAW INTRO: 04/03/08; 04/17/08 Manager Klimm explained the item. Councilor Canedy asked for more information. Town Attorney Ruth Weil stated that MGL C.44, s55C establishes a trust fund which is independent by statute. It can hold property, accept money – it is a trust fund board that has powers to borrow money. Upon motion duly made and seconded it was: RESOLVED: That the interest of Thomas K. Lynch as assistant town manager and Mark Milne, as director of finance, are hereby found to be not likely to interfere with the objective performance of their duties in the best interests of the Town in the positions as Trustees of the Affordable Housing/Growth and Development Trust Fund Board and are hereby exempted.

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VOTE: Unanimous in favor 2008-126 SUB. TEXT - CONFIRMING THE APPOINTMENT OF THE AFFORDABLE HOUSING/GROWTH & DEVELOPMENT TRUST FUND BOARD AND STATUTORY DESIGNATION AS SPECIAL MUNICIPAL EMPLOYEES INTRO: 04/03/08; 04/17/08 Upon motion duly made and seconded it was: ORDERED: Section 1: That the Town Manager, pursuant to the provisions of M.G.L. c. 44 §55C and Section 241-47.1(u) of the Code of the Town of Barnstable is authorized, subject to confirmation of the Town Council, to appoint the Trustees of the Affordable Housing/Growth and Development Trust Fund Board, and the Town Manager, in addition to the designation of the Town Manager, as a Trustee, as required by M.G.L. c. 44 §55C (b), hereby appoints the following individuals to serve as Trustees: Thomas Lynch, 95 Phinney’s Lane, Centerville, MA 02632 to a term expiring 06/30/2009 Mark Milne, 606 River Road, Marstons Mills, MA 02648 to a term expiring 06/30/2009 Laura Shufelt, 1696 Osterville-West Barnstable Road, W. Barnstable, MA 02668.to a term expiring 06/30/2010 Wendy Northcross, 1684 Main Street, West Barnstable, MA 02668 to a term expiring 06/30/2010 Section 2: That pursuant to M.G.L. c. 44, §53C (f), the Trustees are deemed special municipal employees and that Section 241, Attachment 1 of the Code is hereby amended by adding the Affordable Housing/Growth and Development Trust Fund Board to the list of multiple member bodies so designated. VOTE: ROLL CALL 10 Yes 2008-127 APPROPRIATION AND TRANSFER ORDER FOR EMERGENCY RESPONSE TO BARNSTABLE INNER HARBOR BULKHEAD FAILURE AND EMERGENCY STABILIZATION PLAN INTRO: 03/27/08; 04/17/08 Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing this item. VOTE: No objection Upon motion duly made and seconded it was voted to go out of the public hearing . VOTE: No objection Upon motion duly made and seconded it was: ORDERED: That the Town Council hereby appropriates $196,000 for emergency response to Barnstable Harbor Inner Harbor bulkhead failure and Emergency Stabilization Plan and to meet the appropriation that $77,840 be transferred from the balance in appropriation

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2002-040 for the Prince Cove Marina acquisition; that $63,969 be transferred from the balance in appropriation 1999-014 for the Bismore and Aselton Park bulkhead improvements and that $54,191 be transferred from the Marina Enterprise Fund surplus; and to accept any gifts or grants in relation thereto. VOTE: ROLL CALL 10 Yes 2008-128 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION INTRO: 04/17/08 Upon motion duly made and seconded it was voted to refer this item to a second reading on: May 1, 2008 VOTE: Unanimous in favor 2008-130 EXEMPTION OF AN INTEREST UNDER THE CONFLICT-OF-INTEREST LAW INTRO: 04/17/08 Upon motion duly made and seconded, it was voted to refer this item to a second reading on May 1, 2008 VOTE: Unanimous in favor 2008-129 ACCEPTANCE OF JUVENILE OYSTERS AS A GIFT TO THE TOWN OF BARNSTABLE FROM THE CAPE COD OYSTER COMPANY TO ENHANCE THE PUBLIC FISHERIES OF THE TOWN OF BARNSTABLE. INTRO: 04/17/08

• Doug Kalweit, Dir. Of Natural Resources. asked for support of this gift

• Councilor Milne thanked Cape Cod Oyster for this.

• Councilor Tinsley said he went out with Mr. Ryan from Cape Cod Oyster and he

explained that the oyster is effective in removing nitrogen. He is donating large oyster seed that can be planted on the bottom and will be ready for harvest in the fall.

• Councilor Crocker thanked Al Supernaut as well.

• Councilor Barry said that Mashpee Natural Resources Department is propagating

oysters and there is a bountiful amount. Barry asked where these will be placed – Kalweit said they will be placed in a variety of areas.

Upon motion duly made and seconded it was: RESOLVED: That the Town Council hereby accept a gift of approximately 20,000 oyster seed from the Cape Cod Oyster Company. The Cape Cod Oyster Company wishes to contribute approx. 20,000 of their oyster seed, currently being cultured in North Bay, for

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public oyster enhancement / propagation projects in the Three Bays as administered by the Natural Resources Program. VOTE: 10 yes Upon motion duly made and seconded it was voted to go in to an Executive Session for the purpose of discussing possible litigation; and NOT to return to open session at its conclusion. VOTE: Roll Call – 10 yes – Unanimous in favor at 8:50 p.m. Respectfully submitted: Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


May 1, 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 6:00 pm, on Thursday, May 1, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry (7), Janice Barton, Ann Canedy, Frederick Chirigotis (7), Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo (6:15), James M. Tinsley, Jr. (6:40) and Harold Tobey. Absent: James Crocker, Jr. President Joakim led the Council in the Pledge of Allegiance and a moment of silence.

Airport Commission Workshop Present: Chairman Arthur Kimber, Robert O’Brien, John Griffin, Ronald Persutti, Michael Dunning, Donald Megathlin, Daniel Santos and Bruce Gilmore, Commission Attorney Chairman Kimber reviewed what the commission has done with respect to the terminal project. It is four months behind schedule. He updated the council on related issues such as the friendly acquisition of the Blackburn property in February; a business plan to take over the parking when the lease of the current company expires; jet fuel sales and the impact of newspaper delivery to Nantucket. Airport Manager Quincy (Doc) Mosby reviewed the airport’s financial plan (See Exhibit A), a summary of cost and design changes, along with a recently updated 20-year cash flow pro forma (See Exhibit B). The financial plan is a work in progress which uses a conservative approach and best-guess estimates. The airport now owns the Blackburn property. The clean-up, which is ahead of schedule, used escrow funds. State requirements for the pet grooming property have increased. Manager Mosby does not want to do a project without the funding, in order not to jeopardize the financial plan. He has increased the per gallon price of jet fuel, looking at airports with commercial service and corporate jets for setting the pricing baseline. He cannot raise it any more even though the 40% profit margin has suffered. Despite the drop in profit margins, they are still exceeding the anticipated income for FY08 and anticipate making the FY09 target. Town Manager John Klimm discussed the possible negative impact of grant assurances that are being required by the Massachusetts Aeronautic Commission (MAC). The grant assurances currently have a proviso that the town cannot change its form of government. Given that there is a current sitting charter commission, a change in the form of town government could occur. In addition, cities and towns have the right, under Mass. General Laws, to change their governments. If the manager and council president accept these terms, MAC could ask for repayment of the $15M grant. Where would the town or the airport find the $15M to repay? Klimm thanked Senator O’Leary for his efforts to intercede. The town has tried to offer compromise language to get through this impasse with no success.

• Councilor Curtis asked if the need for traffic back & forth to Nantucket, has been built into the jet fuel sales projections. Kimber responded that there is no impact because the local flights do not use jet fuel.

• Councilor Farnham asked Finance Director Mark Milne whether he was comfortable with the parameters of the pro forma. Milne replied that the revenue projections were decreased from the consultant’s pro forma. He thinks the jet fuel income will be less, but it could be made up in later years. Klimm added that neither he nor Milne are experts in airport financials and rely on the airport people. Absent a cost study, the parking revenue is just a projection. Farnham also asked about the effect of a possible repeal of the sales tax exemption. Chairman Kimber said he cannot project the effect if the exemption fails to go through.

• Councilor Milne asked where the airport commission was on working for the best interests of Barnstable, rather that MAC or other agencies. A promise not to change the form of government feels like blackmail to him. It is asking the town to forfeit its rights. Kimber said the Airport Commission is a creature of the Town Council and is working in the best interest of the town by managing the airport in a business-like manner.

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• Councilor Rugo agrees with the town manager. The potential of the gas increase needs to be looked at seriously.

• Councilor Canedy is looking for some help with the problem of accepting a $15M liability. Attorney Bruce Gilmore has been in frequent consultation with the town attorney. He has been at meetings with MAC. All the town players have been as one to convince MAC that they are wrong. The crux of the issue with MAC is how the airport manager is appointed, which is at variance with the personnel plan that applies to the rest of the town. The General Laws give the town the right to determine if a position is elected or appointed, but not how to do the job. That is the crux of the issue with MAC. The sale of jet fuel provides the airport an independent viability from the tax payers.

• President Joakim said an assurance that the town will not change its form of government is not in the council’s purview. It is the voters’ decision.

Recess at 7:15 – 7:20 PM.

PROCLAMATION – Building Safety Week 2008

President Joakim read a Proclamation designating May 5 through May 11, 2008 as Building Safety Week and awarded it to the Thomas Perry, Barnstable Building Inspector (see Exhibit C). Inspector Perry thanked the council. PUBLIC COMMENT Mary Clements complained about the blog wars hurting the town. She is now exploring all forms of communication and still believes in first amendment rights. She promises to be very polite and introduced her new website. Mary Ann Barboza complained how her sons were portrayed in the newspapers, one as common criminal. She explained the events that occurred which involved the stabbing of one of the boys. She felt that no one explored the facts. COUNCIL RESPONSE TO PUBLIC COMMENT – There were none ACT ON MINUTES Upon a motion duly made and seconded it was voted to approve the minutes of April 17, 2008 with the following corrections: Add to “Councilor Canedy has dredge envy” the following: “and asked about the status of the Barnstable Harbor dredge.” VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• Councilor Munafo will be on vacation on the night of the town meeting May, 6. There is a Board of Health public hearing on wastewater the same day, but the public hearing will be open for several months.

• Councilor Curtis said the Appointments Committee is getting feedback from board members, and looking for volunteers to serve. She announced some upcoming activities.

• Councilor Barton announced the Youth at the Mall night sponsored by the Youth Commission. • Councilor Canedy asked for a report on the bulkhead. Mark Ells said the bulkhead repairs are

progressing and the shoring up will be completed on schedule. Given the escalating steel prices, they need to look at all options for materials.

• Councilor Farnham noted that students from various schools were involved in a clean-up. He asked if committee openings are on the web. Curtis will see that they are, and up to date.

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• Councilor Milne asked if there is outreach for appointment candidates among people who have expressed an interested and are on file. Several events were announced.

• Councilor Tobey commended Director Ells on the reports he does on Barnstable. • Councilor Barry made a political announcement. • Lynne Poyant spoke of Mr. Chase of Sweetwaters who has moved away. She told about Sunita

Williams’s visit to Barnstable as an adjunct to a presentation she gave to the International Association of Administrative Professionals, IAAP. She thanked Mary Ann Hughes for her efforts in facilitating Capt. Williams’s appearance.

• Manager Klimm distributed the most recent citizen’s survey. (See Exhibit D) The Coastal Management Committee has been appointed: Dennis Houle, Jack Meade, Stuart Rapp, Peter Mariott. George Gilmore , Norm White, Andre Sampou, Peter Sullivan, Sue Rask, John Fallon Patrick Princi, Robert Jones and Christopher Gargiulo. He has decided to refer the Blanchards’ application as a discretionary referral to the Cape Cod Commission.

ORDERS OF THE DAY OLD BUSINESS 2008-105 APPROPRIATION & LOAN ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN TO DEMOLISH THE THREE PORTABLE CLASSROOMS AT THE HYANNIS EAST ELEMENTARY SCHOOL Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2008. VOTE: Unanimous

2008-108 APPROPRIATION & LOAN ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FUNDING FOR IMPROVEMENTS TO MUNICIPAL FACILITIES Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2008. VOTE: Unanimous 2008-109 APPROPRIATION & LOAN ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR ALUM TREATMENT IN MYSTIC LAKE, MARSTONS MILLS Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2008. VOTE: Unanimous

2008-110 APPROPRIATION & LOAN ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR IMPROVEMENTS TO BARNSTABLE SCHOOL FACILITIES Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2008. VOTE: Unanimous The following item was taken out of order: 2008-130 EXEMPTION OF AN INTEREST UNDER THE CONFLICT OF INTEREST AW Upon a motion duly made and seconded it was RESOLVED: That the interest of Dan Proto, as baseball coach for the Barnstable High School, is hereby found to be not likely to interfere with the objective performance of his duties in the best interests of the Town in the position as member of the Recreation Commission and is hereby exempted. VOTE: Unanimous 2008-128 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission:

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LAND ACQUISITION AND PRESERVATION COMMITTEE Stephen R. L. Farrar, 860 River Road, Marstons Mills, as a member to a term expiring 06/30/2010 RECREATION COMMISSION Dan Proto, 79 Capt. Bellamy Lane, Centerville, as member to a term expiring 06/30/2009 VOTE: Unanimous NEW BUSINESS 2008-131 APPROPRIATION & TRANSFER ORDER OF COMMUNITY PRESERVATION FUNDS FOR COMMUNITY HOUSING IMPROVEMENTS AT 770 INDEPENDENCE DRIVE, HYANNIS Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: 11 Yes, 1 No (Canedy) Items 2008-132 to 2008-149 were read into the record and adopted as a consent agenda by one Unanimous vote of the council. 2008-132 APPROPRIATION FOR FY09 POLICE DEPARTMENT BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-133 APPROPRIATION FOR FY09 BARNSTABLE MUNICIPAL AIRPORT BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-134 APPROPRIATION FOR FY09 EDUCATION BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-135 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS GENERAL FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-136 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-137 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-138 APPROPRIATION FOR FY09 DEPARTMENT OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous

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2008-139 APPROPRIATION FOR FY 09 REGULATORY SERVICES BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-140 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT GENERAL FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-141 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT GOLF COURSE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-142 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT MARINA ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-143 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT SANDY NECK PARK ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-144 APPROPRIATION FOR FY09 GROWTH MANAGEMENT DEPARTMENT GENERAL FUND BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-145 APPROPRIATION FOR FY09 TOWN COUNCIL DEPARTMENT BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-146 APPROPRIATION FOR FY09 TOWN MANAGER DEPARTMENT BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-147 APPROPRIATION FOR FY09 ADMINISTRATIVE SERVICES DEPARTMENT BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-148 APPROPRIATION FOR FY09 OTHER REQUIREMENTS BUDGET Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-149 REVOLVING FUNDS AUTHORIZATION FOR FY09

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Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 15, 2007. VOTE: Unanimous 2008-150 AUTHORIZATION OF FIVE YEAR LEASE WITH CCRTA Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council hereby authorizes the Town Manager to enter into a five-year lease agreement with the Cape Cod Regional Transit Authority for a 2008 Ford Eldorado Bus to support the Silver Express transportation program. Manager Klimm gave the rationale. Councilor Canedy pointed out that the fiscal impact is $1 but what is the value for thank yous? Senior Services Director, Madeline Taylor, said it was a priceless addition to the seniors. Councilor Farnham wondered how many miles were driven per year. Taylor said they take about 5,000 trips per year and the miles build up. There is always a need for van drivers to volunteer. VOTE: Unanimous 2008-151 APPOINTMENTS Upon a motion duly made and seconded this item was referred to a second reading on May 15, 2008. VOTE: Unanimous Recess from 8:10 – 8:22 PM

Operating Budget Workshop

Present: Town Manager John Klimm, Assistant Town Manager Thomas Lynch, Finance Director Mark Milne and Budget Analyst Robert O’Brien Manager Klimm said this would be an informal opportunity to answer questions, etc., and reviewed the timetable for adopting the FY09 budget, which must be passed by June 13th. There are very few changes for a budget this size. All have made tough financial choices. Barnstable is one of a handful of communities that commit themselves to an outside opinion survey. He highlighted the results of the survey (See Exhibit D). The opinions of the residents are significant only if taken as a whole. The largest percentage of respondents said they liked the traffic least and the town appears to be going backwards on this issue, still having developments being approved that are making the traffic issues worse. Manager Klimm then gave the budget highlights, touching on outreach efforts, including extensive use of the internet to provide as much information to the community as possible. He mentioned strides in green technology incorporated into the new Youth & Community Center, and energy conservation, exemplified by the electric vehicle being used by the police department that can go for 40 miles at 40 mph. There will be an effort to hire a Grant Coordinator, which will be an investment, to research and apply for grants. There are many grant opportunities, but the town must apply to win them. This year, $600,000 was placed in the in snow and ice removal line item to better reflect the actual expenditure. Mark Milne reviewed the FY09 Proposed Operating Budget. (See PowerPoint Exhibit E).

• Councilor Munafo asked about receipts. Receipts are on target for 2008. Revenues will exceed estimates but not by much. Snow removal has been moved to a fixed cost category.

• Councilor Milne asked about Mass. Technology Collaborative matching funds to buy the technology. Ells said the funding will be pursued with eligible projects and a grant coordinator may open additional opportunities. Milne noted the School System Admin. budget item had jumped 41%. This was due to adding reserves for school lunch and the

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SPED area for extraordinary events. The increase in state and county assessments is due to an increase in the actual assessment or unfunded retirement: county assessments are going up slightly; most of the increase is in the state assessments, primarily teacher retirements.

• Councilor Rugo is concerned about the School Department loosing 14 positions as well as the equity of school department spending vs. town spending. The school budget is up about 1% over ten years. Fixed costs are inherently greater than the personnel costs making the budget allotment an inequitable situation. Klimm said that it is a debate among councilors setting policy. Union negotiations are not controlled by him. The decision was made by the school committee to increase the benefits and live with the loss of personnel. The discussion should be continued.

• Councilor Farnham feels it is asking much of volunteers given cost of gas and they should consider some compensation plan to address it. Manager Klimm would like to open that discussion and would be willing to work on that. He could come up with a supplemental budget if the council is in favor.

Police Department Budget Manager Klimm made a few comments and introduced Chief Paul MacDonald, who made a PowerPoint presentation (see Exhibit F)

• Councilor Barry said that the favorable increase of 10% in the number of people who indicated an improvement in Police Department services is attributable to Chief MacDonald.

• Councilor Farnham asked if the overtime budget will decrease with the new staff to be hired. MacDonald said full staffing should make a significant difference in the overtime expenditures, but not totally eliminate it.

• Councilor Curtis asked about the details and program objectives of foot patrol. MacDonald explained he is requiring officers to park and walk through the communities for a specific amount of time during a shift. This eliminates identity problems and the patrols are better able to deal with individuals.

• Councilor Chirigoitis said the beat officers are better at thwarting crime. Airport Budget Airport Manager Mosby made a PowerPoint presentation. (See Exhibit G) Department of Public Works Director Mark Ells made a PowerPoint presentation, reviewing the department’s operating budget and summarizing the changes. (See Exhibit H)

• Councilor Curtis asked about the focus of the funds and the needs of the town hall building. Ells said the resources are focused on priority items. A grants person may bring in more money; however, he will live within the allotment. Manager Klimm added that the town hall is a reflection of the community and he will address some of the needs with a capital plan. The roof need to be redone and new technology will be incorporated into the process. CPC funds and grants will be sought.

• Councilor Milne pointed out that Yarmouth has put photovoltaics on the roof of the town hall. He favors moving forward with reducing the number of town owned buildings which are a structural liability. Maybe the fire districts, if they are to remain, can take over some of the village centered buildings such as the Cotuit Fire District did with Freedom Hall. Klimm said they will continue to have such conversations. A workshop or subcommittee to work with the town was suggested.

Regulatory Services Director Tom Geiler said there were not a lot of changes this year. The goals are the same – to provide effective services. Eighty percent of the public who interact with his department are

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contactors. The staff is working hard to facilitate the process; most building permits are issued within the day. His is the smallest department budget-wise, but biggest dept when it comes to hearing from the public. The police department and his staff are doing some inspections jointly.

• Councilor Curtis complemented the department on its enforcement of the regulations and ordinances.

• Councilor Barry asked whether Crocker Neck gate, which is not funded, will remain unlocked. The department is looking at grant opportunities and the possibility of pay a share towards someone’s salary who is already going around locking gates.

• Councilor Milne asked about energy efficient vehicles and leasing in lieu of purchasing. Director Geiler said the more energy efficient vehicles are the most expensive of limited use, since they require pick-ups. There are more gains and savings in buildings that are energy efficient. He will take advantage of vehicles with better fuel efficiencies, but is not able to go after the highest efficiencies. Leasing vehicles shows financial savings. While purchasing is less expensive, leasing has no maintenance cost.

Community Services Department Lynn Poyant, Director of Community Services made a PowerPoint presentation. (See Exhibit I)

• Councilor Curtis asked about the marketing position for the new youth center. If successful, how long will that person be used, and is this premature? Poyant said she plans on bringing the person on a year in advance of opening the doors. The facility has already been “booked” by local organizations. However, she wants to make the best use of the facility that can be made, which includes making it a venue that will appeal as a viable facility to organizations well off-Cape. Eric Shufelt, Marina Manager, answered a question on dock replacement. It has been ongoing at Barnstable Harbor; Prince Cove was ice-free this winter and had a good season. Obligations at Prince Cove are being met financially.

• Councilor Milne asked about the status of the Louis Bay ramp. Harbormaster, Dan Horn, said the bid documents are going out; funding has been approved.

It was suggested that the remainder of the budget presentations be held over to the May 15th meeting. The council will also meet on May 22nd and May 29th. Upon a motion duly made and seconded it was voted to adjourn the meeting at 10:55 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

TOWN COUNCIL MEETING May 15, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on May 15, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA

PRESENT: Janice Barton, Ann Canedy, Frederick Chirigotis, Henry Farnham, Janet Joakim, J. Gregory Milne (7:20 p.m.), James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey ABSENT: Richard Barry, James Crocker, Jr., Leah Curtis

A The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. President Joakim asked that we remember this day as the Peace Officer Memorial Day and asked that we remember Michael Aselton, a Barnstable Police Officer, who lost his life in the line of duty. Barnstable Historical Commission – Recognition of contributors Councilor Munafo, liaison to the Barnstable Historical Commission, introduced Nancy Shoemaker, Marilyn Fifield and George Jessop who were present to give out the Distinguished Service Awards for historic preservation. Ms. Shoemaker noted that May is National Historic Preservation month. Gabriel Black and Dr. Eben Johnson were given awards for having “High Peak Rock”, a part of the original footline between Sandwich and Yarmouth, noted on the National Historic Register. They researched the footline and found that the rock is one of the remaining markers of that footline. Gay Black thanked the Commission for the honor as well as Jackie Etsten, the Town Council, the Town Clerk, Eben Johnson, and her husband, who had encouraged her. Eben said he reiterated what Gay said. The next two awards were given to Holly Hobart and Dr. James Gould who were acknowledged for their work on doing inventory of historic structures. They are an example of dedicated non-paid workers. Dr. Gould said he also did Osterville dwellings along with Marstons Mills and Cotuit and thanked his teacher Pat Anderson. Holly said thank you. She now has a better appreciation and respect for the employees of the Town of Barnstable; and appreciates the historical cultural heritage of this town. Nancy welcomed all to the commission meetings. PUBLIC COMMENT

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Mary Clements said the May 6th meeting of the voters was a victorious time. She hoped the charter commission would support a similar article that would allow this type of action. She thanked the President and the council for the meeting. Ralph Cahoon, a Barnstable police officer, thanked President Joakim for acknowledging Peace Officer Memorial Day, which was established by President John F. Kennedy. On this day he recalled: Michael K. Aselton, Brad Erickson, and Bryant Aselton, who all died in the call of duty. Since the first awards, 18,000 officers have been killed in the line of duty – the 10 year average is 167 deaths per year. COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Canedy congratulated those who were recognized by the Historic Commission. She encouraged the audience to smile and say thank you to the officers and Police Chief who were present. ACT ON MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of May 1, with the following corrections: page 2 – Councilor Canedy asked that “is looking” be changed to “asked for an explanation of the commission’s position regarding assisting the town…” VOTE: 10 YES AS AMENDED COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• President Joakim recognized the CFAC Committee. Present were: John Curtis, Chairman, Bill Brower and Laura Cronin. Brower read the committee’s report (a copy of which is attached hereto and marked Exhibit “A”). He reported that CFAC’s own analysis produced no significant points of contention with the budget as proposed. They had two areas that they believe may have greater future impact and those items dealt with the schools.

• Councilor Tobey thanked the council and the community for being there for him

and his family during the passing of his daughter. He also noted the successful opening of the new museum at the former Zion Church on North St It is a community museum and wants to be accepted as that. President Joakim acknowledged the museum as well. It is a gem.

• Councilor Munafo said Holiday Lane is being worked on and we did check with

DPW and we do not know anything about this work – we will continue to investigate it.

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• Councilor Canedy noted that Saturday at Millway Beach there will be a search

and rescue demonstration, followed by a tour of the Coast Guard museum. She asked for Mark Ells to update everyone on the harbor. Ells said the emergency work had been done on the bulkhead. They are waiting for the inspection, and more answers will be forthcoming. We will advise as it continues. Canedy asked about barrier placement – Ells said the barriers had to move a little north – we have to wait for the inspection. Safety is number one.

• Councilor Barton asked if anyone wants to volunteer for a board, etc. to contact

the council office. We have about 40 committees that have various individuals who are coming and going.

• Councilor Munafo regretted not being at the meeting of the voters.

ORDERS OF THE DAY: President Joakim explained the orders of the evening. 2008-105 APPROPRIATION & TRANSFER ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN TO DEMOLISH PORTABLE CLASSROOMS Supt. Patricia Grenier noted that this is a capital improvement project. These classrooms are no longer utilized and are not safe. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor No comments Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Majority in favor

Councilor Canedy asked if there is adequate space for the children. Supt. Grenier said we have been moving them out of the portable classrooms whenever we can. We have traveling teachers, like for art, which is better than using the portables. Canedy asked if there is a plan and order to replace all the portables. Grenier said in 2004 and 2005 there was a facilities study. The answer could be yes. There is a school advisory council and together we are looking at the reports and will make a recommendation to the town. The answer is yes and no at the same time.

Councilor Barton addressed the report.

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Councilor Rugo asked about the enrichments and if there was a cut. Grenier said in the obligations for teachers during art, etc. we did a tightening of time. Glen Anderson, Assistant Supt. said that we are more efficient; and students are not losing time; everyone is getting 45 minutes. Rugo noted that art is now done in a regular classroom.

Town Manager Klimm recognized Asst. Supt. Glen Anderson, who will be retiring soon, as well as Joseph Slominski , who will be departing as well. Klimm said you made Barnstable a better place. Upon motion duly made and seconded, it was ORDERED, that the sum of $60,000 be appropriated for the purpose of demolishing three portable classroom buildings at the Hyannis East Elementary School as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $60,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto. VOTE: Roll Call – 10 yes 2008-110 APPROPRIATION & LOAN ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR BARNSTABLE SCHOOLS FACILITIES IMPROVEMENTS Joseph Slominski explained the types of security to be added; the boiler replacement in Hyannis East and converting the burner in BWB to gas; and the various other school facilities repairs. He said there will also be parking lot reconstruction at Centerville Elementary. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor No comment. Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Majority in favor

Councilor Canedy asked if there is a list of priorities. Slominski said yes, we have a list and will continue to pursue the projects.

Councilor Barton asked if the facilities improvement plan is available on line or if

it could be.

School Committee Chair Cahoon said we will get it put up on the website. He said that one of the things that has happened with Joseph Slominski being in

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charge of the buildings, is he has literally looked through all the buildings and noted the defects and needs. There has been a lot of research and analysis completed.

Councilor Milne echoed Klimm’s accolades to Anderson and Slominski. He

wanted to know if there was any thought on having a collaboration with the new Recreation Center and Hyannis East to utilize maybe wind, etc. Slominski said when there are additions made to structures we do look to “green”.

Cahoon said this is a short term plan and we are maintaining the status quo.

Upon motion duly made and seconded, it was ORDERED, that the sum of $1,000,000 be appropriated for the purpose of funding the following improvements to Barnstable School facilities as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager: (1) School Safety Improvements including the installation of cameras/monitors at eleven schools, replacement lockers in the High School Athletic Department and rear driveway safety gates at Hyannis East Elementary School. (2) Boiler Replacement at Hyannis East Elementary School and conversion of the Barnstable West Barnstable Elementary School boiler to gas. (3) School Facilities Repairs at various schools - tuck pointing and chimney repairs, roof and flashing repairs, interior and exterior painting, electrical upgrades, replacement of HVAC mechanical equipment, and replacement of sound and lighting controls at Knight Auditorium. (4) Parking Lot Reconstruction at Centerville Elementary School And that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $1,000,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: ROLL CALL 10 yes 2008-108 APPROPRIATION & LOAN ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR FACILITIES IMPROVEMENTS Mark Ells said this is a 3-part facilities request that includes: the police station, the highway complex and Town Hall. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor

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No comment. Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Majority in favor

Councilor Munafo asked Ells about the police facility and remediation. Ells said this deals with underground tanks. It was noted that they are going out for bond on this.

Upon motion duly made and seconded, it was ORDERED, that the sum of $402,500 be appropriated for the purpose of funding the following improvements to municipal facilities as outlined in the FY 2009 - FY 2013 Capital Improvement Plan as recommended by the Town Manager: (1) Police Facility design, permitting, removal, remediation and replacement of three underground fuel tanks and associated fueling system. (2) Highway Division Complex various improvements to buildings including new roofs for the trailers used for the division’s administration, repairs to the locker-room and break-room, upgrade of the emergency generator for the trailers, new gutters on several buildings, new HVAC for the Fleet Maintenance building. (3) Town Hall egress code upgrades, fire protection improvements, plumbing upgrades and improvements to the HVAC system and other improvements as may be required. And that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $402,500, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: ROLL CALL – 10 YES 2008-109 APPROPRIATION & LOAN ORDER TO FUND THE CAPITAL IMPROVEMENT PLAN FOR ALUM TREATMENT IN MYSTIC LAKE, MARSTONS MILLS Manager Klimm gave the rationale as attached. Tom Geiler from Regulatory Services and Robb Gatewood, Director of Conservation were present for questions. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor

Emory Anderson from Marstons Mills thanked the council for the support and bringing this item forward.

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Carolyn Garbutt said Mystic Lake was clear from the 1960’s through the 1980’s. Then in the early 1990’s, black curls and soap suds appeared in some areas. She said we used to think asbestos was ok; but it isn’t. She is concerned over the use of aluminum and asks that the council consider other alternatives. She noted that there have been studies that show a connection between aluminum and Altsheimers.

Carl Thut, a PHD chemist, noted that there is misinformation on the web about

the health effects of aluminum. There was a study done 2 decades ago regarding Altsheimers; subsequent studies have shown that it is an effect and not a cause. Exposure to aluminum does not increase the chances for altsheimers. Even the original study has been withdrawn. Alum is an aluminum compound – the bottom of the lake has more aluminum than any other metal. The best artesian well has aluminum in it – you can’t escape it. It is safe.

Al Baker reminded the council of Hamblins Pond and Long Pond. He said there

should be reports available so that we can understand what happens with the different things that go on in the ponds.

Holly Hobart said this is the product of 5 years of work and preparation. There is

a mountain of information on this. The cost of not remediating this would be a loss.

Upon motion duly made and seconded it was voted to go out of the public hearing: VOTE: Majority in favor

Councilor Barton asked about a report on the ponds and noted that we will have a meeting on the 3rd of June at 6:30 p.m. This is part of an overall comprehensive plan for the ponds, and monies will be appropriated for this each year.

Robb Gatewood said the aluminum salts fall like a snowfall and it binds the

nutrients in the sediment. Mystic Lake has the same problem as Hamblins Pond. Without this there will be a large summer bloom. Hamblins Pond was fixed.

Councilor Munafo asked about the sediment nutrients and what were the

sources. Gatewood said that the heavy load of phosphorus has arrived over the last 50 years – septic systems, road runoff, water foul, cranberry bog operation lead to it. Every year more nutrients come in, but much less than what is there. Munafo asked about visible soapsuds and where they came from. Gatewood feels it is wave action breaking down various nutrients and not soap suds.

Councilor Milne noted phosphorus will be banned from laundry detergents. He

read part of a paper from 2007, where it states that aluminum is associated with altsheimers patients. He feels it is a public health possibility.

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Councilor Milne made a motion, which was seconded, to postpone this item until we can bring in an official from COMM to report on the water well; and bring in the director from Mass Gen. Hospital, who was named in the article. He wants both sources of information.

Councilor Barton asked about high and continuous exposure to aluminum. Gatewood said elements hold aluminum. We can’t avoid it. There is no uptake mechanism by aluminum. Gatewood said it is used to treat public water supplies (it is in deodorants, etc.). Gatewood noted that the nutrient activation is a physical process that sinks to the bottom and is more important to the project. There is a biological need to treat that. We will treat the deep water sections.

Upon motion duly made and seconded it was voted to move the question. VOTE: Majority in favor VOTE: On motion to postpone – 4 Yes, 6 No – Failed..

Councilor Canedy said she had read the article and it referred to high exposure and concentration; and this is not high, it is a small area. Gatewood said this article does not talk about alum. There is no relationship between this article and the project. Canedy asked if there are alternatives. Gatewood said our experts narrowed it down to two – alum is the treatment mode of choice, or aeration. Gatewood said aeration is not cost effective at Mystic. It would be expensive to run the tubing on a pond this large.

Tom Geiler, Director of Regulatory Services, said that this has not been brought

to you on a whim. A lot of research has been done by local, state and county officials. This has a great chance of success, with little chance of failure.

Councilor Farnham stated that the members of the Indian Ponds Association

have done a lot of work and care about the area – and this is a safe way to handle it. Farnham asked if the staff is comfortable with this way to go. Geiler said this has been discussed for over 2 years; and there are those who will have concerns.

Councilor Tinsley noted that aluminum is used in the treatment of water plants.

He will support this, Upon motion duly made and seconded, it was ORDERED, that the sum of $275,000 be appropriated for the purpose of funding alum treatment to confine sediment nutrients in Mystic Lake, Marstons Mills, as outlined in the FY 2009 -FY 2013 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $275,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto.

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VOTE: ROLL CALL - 9 yes 1 no (Milne) 2008-131 CP FUND APPROPRIATION FOR COMMUNITY HOUSING IMPROVEMENTS Lindsay Counsell read the rationale as presented. He said as we move through this project that the CPA is in place to support affordable housing as well as other areas. Support of this is part of the requirement of the CPA. He said the main money has gone to historic preservation. Attorney Peter Freeman represented the applicant. We need affordable rental housing – this meets and addresses it. He asked for support. It is ready to go and has been approved by the zoning board. There is a need for this money. It will do good for the town. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor

Bud Bergstrom spoke in opposition. This never involved the public, and he was told it was a done deal. It contradicts smart growth neighborhoods and it is opposed by the community. The grant is a bailout for the developer. There will be 5, three-story buildings. It may not be viable – it doesn’t preserve the essential character and the other requirements of the CPC.

Richard Largay was opposed to this as well. This has been through zoning by a

40-B procedure and by-passes a lot of the planning regulations. The CPC said it is not our role. Largay said this development is not a benefit to the town and is oversized and does not have the safety items needed. Please look at this.

Robert Berry asked for this to not be approved. This utilizes a strong misuse of

the industrial park, and noted that walking along an unlighted road at night is a danger to children. The project is inconsistent with the CPC. He highlighted many other reasons for this not to be approved. He feels the project is risky. Refer it back to the CPC.

Sarah Whitcomb asked the council not to rubber stamp this. Three of the CPC’s

members voted against this or had concerns – but voted because of the affordable housing component; and that was all they could consider. Talk to the members before you make a decision.

David B. Cole, trustee of the Cobb Trust said that Enoch died in 1876 and left the

land in trust for the benefit of the public schools. This land has not benefited the town in any way. Now you have an opportunity to give your blessing to a project that meets the needs of affordable housing in Barnstable in one fell swoop. He

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wondered what would Mr. Cobb’s thoughts be on this. It would produce over $1M in ground rent that would benefit the students. Your $250,000 would be used for the affordable housing – you have an opportunity to meet the affordable housing need. The town gets the housing. One of the groups that would benefit would be school teachers. Is there anything wrong with a project that helps people?

Kate Benson did attend several of the meetings on this. She also called other

towns about CPC funds. None have even considered such a development. They have helped people with down payments and subsidies with rent. There are other ways that the monies can be appropriated.

Peter Freeman noted that this project was vetted with the Zoning Board of

Appeals and with town staff; many changes were made from suggestions. We need rental housing.

Lindsay Counsell said all the meetings were advertised and posted as required

with the Town Clerk’s office. Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Majority in favor

Councilor Farnham asked what is the deed restriction. Counsell said we are buying down the affordable rents from 80% to 70%. We think it is a good deal.

Councilor Farnham said the YMCA will have a new complex; and stated there

were issues on that development. He noted that Mr. Keller, the developer, does good quality work. There will be more than $89,000 in income to the Cobb Trust. We are in a real estate recession. He is not enamored with the project.

Councilor Canedy gave a variety of reasons as to why she did not support this

project.. It will negatively impact the water district and the fire district and will be an expense to the district, as well as the schools; it constitutes a bail out for the developer and is a misuse of taxpayer funded CPA. Money; it sets a bad precedence; the allocation request was materially changed from the CPC application in description of use and in identity of applicant; the citizens of the district in which this will be situated have never been included in the process. Further, the school children will be negatively impacted in that the value to the Cobb Trust is 100K a year, but the cost in additional school children will be 600K a year. She concluded by saying that not all affordable housing projects are good affordable housing projects.

Upon motion duly made and seconded it was moved to remand this item back to the CPC for reconsideration. VOTE: 3 Yes 7 No - Failed

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Councilor Milne hoped there is empathy for Councilor Canedy. On balance we will come out in a deficit. He feels the money could be doled out to individuals who may be losing their homes. He would oppose this.

Councilor Barton said we have empathy with both sides.

Upon motion duly made and seconded it was voted to postpone.

Councilor Munafo asked to have it go to the second meeting in June. Councilor Rugo asked if this is rejected will the developer go forward. Attorney Freeman said that they may get $1M from the state, and that the $250K requested would be helpful to show Town support, but that they will go forward with or without the additional CPC funds.

Joseph Keller said that he is developing the Greenery now; and noted that we

have had some bad market sales. There is this feeling that I am going to fall down. But he noted that he has done $5M worth of developing. This is not going to be a disaster; it will get built. Rentals are up because people can’t afford to buy housing. We need market and affordable rental housing. The market rate is about $1250 a month. All utilities will be included except electricity. We have elevators

VOTE: To postpone to second meeting in June. 9 Yes 1 No A recess was called from 9:45 p.m. to 9:53 p.m. 2008-151 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Councilor Farnham asked that the name of Nikolas J. Atsalis be eliminated from the nomination for the Zoning Board of Appeals. He also said that in 2008-157 he wanted the name of Laura Shufelt removed. He asked to postpone the votes on these items to the next meeting and wants a list of vacancies on the Zoning Board of Appeals He also wants a list of the candidates. Councilor Barton said that she gave the status of the zoning board three times. The appointments committee is condemned whether we do or don’t. We are working hard and organizing 40 committees. Farnham said we want to know whether the appointments are regular or alternate positions. Munafo is in favor of the amendment. Upon motion duly made and seconded it was: RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission:

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PUBLIC WORKS COMMISSION Albert B. Baker, 30 Wakeby Road, Marstons Mills, as a member to a term expiring 06/30/2010 SHELLFISH ADVISORY COMMITTEE David Pratt, 148 Starlight Drive, Marstons Mills, as member to a term expiring 06/30/2009 WATER POLLUTION CONTROL BOARD Albert B. Baker, 30 Wakeby Road, Marstons Mills, as a member to a term expiring 06/30/2011 VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to postpone action on this appointment. ZONING BOARD OF APPEALS - Nikolas J. Atsalis, 290 Elliot Road, Centerville, as an associate member to a term expiring 06/30/2009. VOTE: 6 Yes, 4 No - Postponed 2008-153 ACCEPTANCE OF A GIFT FROM THE LYNDON PAUL LORUSSO FOUNDATION FOR THE CONSTRUCTION OF A WATER STORAGE FACILITY Manager Klimm gave a brief overview. Upon motion duly made and seconded it was: RESOLVED: That the Town Council does hereby accept a gift in the amount of $500,000 from the Lyndon Paul Lorusso Foundation for the construction of a water storage facility and that the Town Manager is authorized to enter into contracts and to expend the gift for the purposes specified. VOTE: Unanimous in favor 2008-154 ACCEPTANCE OF FY08 GRANT FROM THE MASSACHUSETTS CULTURAL COUNCIL’S JOHN AND ABIGAIL ADAMS ARTS PROGRAM GRANT Manager Klimm gave a brief overview. Councilor Munafo asked who wrote the grant. Beth Dillon from Growth Management wrote the grant. Upon motion duly made and seconded it was: RESOLVED: That the Town Council does hereby accept the grant award in the amount of $40,000 from the Massachusetts Cultural Council’s John and Abigail Adams Arts Program Grant. VOTE: Unanimous in favor

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2008-155 ACCEPTANCE OF A GRANT AWARD FROM THE CAPE COD CHAMBER OF COMMERCE IN THE AMOUNT OF $2,000 Town Manager Klimm gave a brief overview. Upon motion duly made and seconded, it was: RESOLVED: That the Town Council hereby accepts the grant award in the amount of $2,000 from the Cape Cod Chamber of Commerce for the marketing and promotion of Harbor your Arts. VOTE: Unanimous in favor 2008-156 APPROPRIATION OF $50,000 FOR THE REVISED COST ESTIMATES FOR DESIGN, PERMITTING AND A FEASIBILITY STUDY FOR THE PROPOSED SANDY NECK BATHHOUSE, COASTAL INTERPRETIVE CENTER AND PARKING LOT IMPROVEMENTS Upon motion duly made and seconded, it was voted to refer this item to a public hearing on June 5, 2008. VOTE: Unanimous in favor 2008-157 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon motion duly made and seconded it was voted to refer this item to a second reading. VOTE: Majority in Favor

Councilor Munafo asked about the ZBA appointment and if it was a full member (yes). He asked that the name of John T. Norman be placed into nomination for this position.

Councilor Barton said she wished the councilors would give the appointments

committee the opportunity to do their job.

SCHOOL WORKSHOP Supt. Patricia Grenier reviewed the core values that include that all children have the right to every opportunity to achieve full potential. She reviewed district goals. She said kids are first and money is second. Grenier had dinner with seniors from each of the villages, so she got a perspective from each. All of the students are going to college from Harvard to Fisher. The valedictorian remarked that there is everything that anyone could ever want in a school right here. Grenier gave the history of the budget

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throughout the year. She is presenting a budget with a 3.8% increase and they are reducing over 31 positions. Enrollment continues to decline. Our grants support about 75 positions. We did put a reserve amount into the budget because we do plan tightly and there is unpredictability in a budget. School Chair Ralph Cahoon said we want level service in 2010. We feel that we have a budget in place that we can carry through for the next two years. We maintained $1M in the reserve account.

Councilor Munafo asked about the reserve account. Grenier showed a slide on what has been used for schools over the years. We had to use over $3M to fund the school budget.

Councilor Milne asked about the comfort level – is this going to be a sustainable

fact. Grenier said we have a concern – 30 positions is a lot to lose and is analogous to the frog in the frying pan – you turn it up a degree or two at a time and the frog does not know he is dying. We are not unlike all other schools. It is a concern. It is about kids and the kids will get a good education.

Finance Director Mark Milne said we are after structural balance in the budget –

we can mitigate the cuts. To go more than 30 positions would be disastrous. We need to put in a structural balance. The $1M balance in the savings will grow. Investments have gone down.

Councilor Rugo said it saddens him to lose the positions. He feels the 60/40 split

may not be correct. There is a problem here. We are losing more teachers than we should. When is the negotiation for the salaries (every 3 years). He noted the raises on the school side went way up which was different from the town side. This needs to be remedied. Contract negotiations will start next fall.

Councilor Tinsley asked how many were from retirement or relocations of the 31

positions being reduced. Grenier answered that six will be retirements that will not be filled. She gave the explanation of the moving of the nurses so that all schools would have at least one nurse available.

Councilor Munafo thanked Supt. Grenier for her willingness to work within

guidelines. 2008-134 APPROPRIATION - EDUCATION BUDGET Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor

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No comments. Upon motion duly made and seconded it was voted to go out of the public hearing at: VOTE: Majority in favor Upon motion duly made and seconded, it was ORDERED: That the following sums be raised and appropriated for the purpose of funding the Town's FY 2009 Education budget as presented to the Town Council by the Town Manager: $60,843,000 for the purpose of funding the Local School System; $2,788,499 for the purpose of funding the Regional School District Assessment; $1,728,117 for the purpose of funding the Sturgis Commonwealth Charter School and School Choice Assessments VOTE: ROLL CALL - 10 yes School Committee Chair Cahoon thanked all involved in the process. 2008-132 APPROPRIATION - POLICE DEPARTMENT BUDGET Manager Klimm summarized the budget and changes Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor No comment. Upon motion duly made and seconded it was voted to go out of the public hearing: VOTE: Majority in favor Upon motion duly made and seconded, it was ORDERED: That the sum of $11,858,771 be raised and appropriated for the purpose of funding the Town's FY 2009 Police Department budget as presented to the Town Council by the Town Manager. VOTE: ROLL CALL - 10 yes 2008-133 APPROPRIATION - BARNSTABLE MUNICIPAL AIRPORT ENTERPRISE FUND BUDGET Manager Klimm identified the budget changes

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Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: Majority in favor No comment. Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Majority in favor

Councilor Munafo asked if there are any new sources of revenues coming forth. Airport Director Quincy Doc Mosby said there are no new sources. Councilor Milne noted the large number of cars that park at the old Chilis and the TJ Maxx plaza. People are crossing the street at a dangerous place. Mosby said some other actions need to happen and hopefully within about 2 weeks we hope to have it resolved.

Councilor Tinsley said that has been a problem since day one – it is not a recent

problem. Until the property changes it will be a problem.

Councilor Munafo asked if the airport gets additional revenues if more cars park in their lot. The airport gets revenue from the company that runs the parking lot; it is based on a formula and it does affect us.

Upon motion duly made and seconded, it was ORDERED: That the sum of $6,782,584 be appropriated for the purpose of funding the Town's FY 2009 Airport Enterprise Fund budget, and to meet such appropriation that $6,782,584 be raised from current year revenues by the airport as presented to the Town Council by the Town Manager. VOTE: ROLL CALL – 10 yes Growth Management Budget Presentation: Town Manager Klimm gave the overview, and noted that this department has just about the same staffing that we had back in 2002. Patty Daley, Director of Growth Management, gave the mission and showed the organizational chart within a Powerpoint presentation. She noted that 3 positions are funded by grants. She also identified the various aspects of the department such as comprehensive planning; community development; economic development, traffic and parking, property management, and regulatory review. They won a Smart Growth Award. They have been awarded over $10M in grants. She highlighted some the FY2009 goals.

Councilor Farnham asked if the LCP will be coming to the council in June? Yes.

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Councilor Munafo asked where the support for the boards comes from. Daley said it is mostly regulatory but some comes out of comprehensive.

Upon motion duly made and seconded it was voted to extend the time of the meeting until 11:10 p.m. VOTE: 8 yes 1 no 1 abstain. Town Council Budget Presentation. Town Manager Klimm gave a brief overview and noted that there are no staffing changes within the budget. Town Manager Budget Presentation The Manager noted that the only increases are to cover contractual personnel increases. Administrative Services Budget Presentation Manager Klimm noted that this department came in at 1.8% less than 2008. He described the personnel reductions as well as other deletions and additions. Upon a motion duly made and seconded it was unanimously voted to continue each of the following items to May 22, 2008, where the council will only vote on these budget items.. VOTE: Unanimous 2008-135 APPROPRIATION - DEPARTMENT OF PUBLIC WORKS GENERAL FUND BUDGET 2008-136 APPROPRIATION – DEPT OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET 2008-137 APPROPRIATION – DEPT OF PUBLIC WORKS WATER POLUTION CONTROL ENTERPRISE FUND BUDGET 2008-138 APPROPRIATION - DEPT OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET 2008-139 APPROPRIATION – REGULATORY SERVICES BUDGET 2008-140 APPROPRIATION - COMMUNITY SERVICES DEPARTMENT GENERAL FUND BUDGET

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2008-141 APPROPRIATION COMMUNITY SERVICES GOLF COURSE ENTERPRISE FUND BUDGET 2008-142 APPROPRIATION COMMUNITY SERVICES DEPARTMENT MARINA ENTERPRISE FUND BUDGET 2008-143 APPROPRIATION - COMMUNITY SERVICES DEPARTMENT SANDY NECK PARK ENTERPRISE FUND BUDGET 2008-144 APPROPRIATION - GROWTH MANAGEMENT DEPARTMENT GENERAL FUND BUDGET 2008-145 APPROPRIATION – TOWN COUNCIL DEPARTMENT BUDGET 2008-146 APPROPRIATION – TOWN MANAGER DEPARTMENT BUDGET 2008-147 APPROPRIATION – ADMINISTRATIVE SERVICES DEPARTMENT BUDGET 2008-148 APPROPRIATION – OTHER REQUIREMENTS BUDGET 2008-149 REVOLVING FUNDS AUTHORIZATION Council President Joakim suggested to councilors, if they have any budget questions to please contact the department heads this week before the budget votes on the 22nd. ADJOURNMENT Upon motion duly made and seconded, it was voted: TO ADJOURN. ADJOURNED. At 11:10 p.m. Respectfully submitted: Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

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TOWN OF BARNSTABLE TOWN COUNCIL SPECIAL MEETING

May 22 2008 A quorum being duly present, Council President Janet Joakim called the special meeting of the Barnstable Town Council to order at 7:30 pm, on Thursday, May 22, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Henry Farnham (7:45), Janet Joakim, J. Gregory Milne (7:30), James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. Absent: Ann Canedy, Leah C. Curtis, and Harold Tobey. President Janet Joakim called the meeting to order at 7:30 PM since a quorum of members was now present. President Joakim led the Council in the Pledge of Allegiance and a moment of silence. ORDERS OF THE DAY OLD BUSINESS 2008-135 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS GENERAL FUND BUDGET Town Manager John Klimm gave the rationale. The budget has increased by 1.1 percent. Upon a motion duly made and seconded it was voted to open a public hearing on this item at 7:35 PM. VOTE: No Objections Upon a motion duly made and seconded it was voted to close the public hearing at 7:35 PM. VOTE: No Objections

• Councilor Crocker said this budget showed great fiscal constraint. • Councilor Barton asked about the grant coordinator’s responsibilities. Klimm responded that

the coordinator would coordinate the entire effort. While departments have been successful in obtaining grants, an effort should be made to research all grants that are available to both the town and the schools.

2008-135 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS GENERAL FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $7,852,912 be raised and appropriated for the purpose of funding the Town's FY 2009 Department of Public Works General Fund budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-136 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 7:37 PM. VOTE: No Objections Manager Klimm gave the rationale. This budget has decreased by 4.1 percent. Upon a motion duly made and seconded it was voted to close the public hearing at 7:52 PM. VOTE: No Objections

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• Councilor Crocker asked that the use of the capital program be explained. Finance Director Mark Milne explained that what is before the council is the operating budget but adding the capital expenses gives a full picture of the cost.

• Councilor Munafo asked about using the surplus to keep the sticker figures level. Right now the town is using the surplus to keep the sticker fees level, however if the surplus runs out, an increase in sticker price will be considered.

• Councilor Milne asked about the potential of including curbside pick-up with a pilot program for Hyannis. Manager Klimm said an extensive survey has been done and two-thirds of the households already have private curbside collection. The council should decide whether to study the issue again. The time needed to evaluate one village would be less but still significant.

• Councilor Crocker asked for an explanation of the process used to select supplementary services which lead to a $30,000 reduction in the budget. DPW Director Mark Ells said the capital needs for this year costs less than the amounts needed in the past. Manager Klimm added that the full list of capital requests is on the website and the department has identified millions of dollars of requests that have not been funded this evening.

• Councilor Munafo asked about contingencies for rising fuel costs. Ells said the DPW has put in a plan for a 10% reduction in fuel usage. They are looking at all options including fuel usage, efficient vehicles, efficient drive routes, etc. Klimm added that the police department has rethought their use of vehicles from an efficiency and community policing standpoint.

2008-136 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $2,591,820 be appropriated for the purpose of funding the Town's FY 2009 Department of Public Works Solid Waste Enterprise Fund budget as presented to the Town Council by the Town Manager, and to meet such appropriation that $2,120,000 be raised from current year revenues by the solid waste facility and that $471,820 be transferred from the solid waste savings account. VOTE: Unanimous 2008-137 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 7:53 PM. VOTE: No Objections Manager Klimm gave the rationale; this budget has increased 5.1 percent. Upon a motion duly made and seconded it was voted to close the public hearing at 7:55 PM. VOTE: No Objections

• Councilor Munafo said using 10% from the “savings” keeps the rates down but he would like a sense of what the rates will be eventually. Ells said they should be able to maintain the 4.5% for some time. The balance in the savings account is $4.8M. Councilor Crocker added that the reserve account is only used for the users of the service.

2008-137 APPROPRIATION FOR FY09 DEPT OF PUBLIC WORKS WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $4,740,030 be appropriated for the purpose of funding the Town's FY 2009 Department of Public Works Water Pollution Control Enterprise Fund budget as presented to the Town Council by the Town Manager, and to meet such appropriation that $4,314,000 be raised from current year revenues by the water pollution control facility and that $426,030 be transferred from the water pollution control savings account.

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VOTE: Unanimous 2008-138 APPROPRIATION FOR FY09 DEPARTMENT OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 7:59 PM. VOTE: No Objections Manager Klimm gave the rationale. The overall budget is increasing 4.3 percent. Upon a motion duly made and seconded it was voted to close the public hearing at 8 PM. VOTE: No Objections

• Councilor Crocker was pleased that the operating capital is up significantly. Ells said they have been able to use the labor of the contracted operator of the facility to address various repair and improvement projects. Crocker feels it is a great way to run a water company.

2008-138 APPROPRIATION FOR FY09 DEPARTMENT OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $2,711,014 be appropriated for the purpose of funding the Town's FY 2009 Department of Public Works Water Supply Enterprise Fund budget as presented to the Town Council by the Town Manager, and to meet such appropriation that $2,711,014 be raised from current year revenues by the water supply operations. VOTE: Unanimous 2008-139 APPROPRIATION FOR FY 09 REGULATORY SERVICES BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:02 PM. VOTE: No Objections Manager Klimm gave the rationale. The budget has increased 3.2 percent. The position of Consumer Affairs Department Head is not a new position, but a reinstatement of a position that was eliminated due to budgetary constraints some years ago. Upon a motion duly made and seconded it was voted to close the public hearing at 8:05 PM. VOTE: No Objections

• Councilor Crocker complemented the manager and the department for successfully paying for itself. The taxpayer bears 1.8% of the cost of this department

2008-139 APPROPRIATION FOR FY 09 REGULATORY SERVICES BUDGET ORDERED: That the sum of $2,362,631 be raised and appropriated for the purpose of funding the Town's FY 2009 Regulatory Services Budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-140 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT GENERAL FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:07 PM. VOTE: No Objections

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Councilor Chirigotis made the following motion, which was seconded, amending Item 2008-140 as follows:

That the sum of $2,859,516 be raised and appropriated for the purpose of funding the Town's FY 2009 Community Services Department Budget as presented to the Town Council by the Town Manager.

Manager Klimm gave the rationale, addressing the change made in the amendment, which involves a pay increase for seasonal employees. Over the last few summers, the town has not been able to employ sufficient staff for its summer needs. Facilities have been closed. It is a safety issue and necessary in order to be competitive to avoid making the problem worse. On the amendment: VOTE: Unanimous Upon a motion duly made and seconded it was voted to close the public hearing at 8:13 PM. VOTE: No Objections

• Councilor Farnham asked about the marketing person. Lynne Poyant, Director of Community Services said that person should have been hired a year ago. There is an additional $20,000 to hire a professional to assist the marketing manager in setting up a marketing plan for the new facility, if needed. Klimm added that people in the business community felt strongly about having a professional as a consultant, since this is a unique situation.

2008-140 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT GENERAL FUND BUDGET (AS AMENDED) Upon a motion duly made and seconded it was ORDERED: That the sum of $2,859,516 be raised and appropriated for the purpose of funding the Town's FY 2009 Community Services Department Budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-141 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT GOLF COURSE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:18 PM. VOTE: No Objections Manager Klimm gave the rationale. This budget shows a 0.4 percent decrease. Klimm complimented the Hyannis Golf Club staff for the exceptional transformation of the facility. Upon a motion duly made and seconded it was voted to close the public hearing at 8:20 PM. VOTE: No Objections

• Councilor Milne asked what is left on the Old Barnstable Fairgrounds debt and should it be paid off early. Mark Milne said by FY 2011 there will be enough cash to pay the balance of the note. It will be debt-free by 2011. When the loans expire, there will be over $200,000 in additional cash flow. At that point extra money can either be used for capital improvements or fee mitigation. New DOR rules require the loan to be paid off in 2011.

• Councilor Crocker wants to be sure that no Barnstable child is left behind in obtaining golf lessons through the regional program. He wants to assure that enterprise fund money will be set aside so that any Barnstable child can participate. Mike Ghelfi, Golf Director, said they have been working with the First-Tee program people to assure that it will happen.

• Councilor Munafo pointed out that the cost of membership could be decreased with the excess funds.

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• Councilor Farnham spoke about the need to redesign the Old Barnstable Fairground restaurant facility and make the restaurant and bar more economically viable. Director Poyant said they revamped the bid process to make it highly competitive and more business friendly. The current vendor has been given a credit on his contract to upgrade the equipment and we have tried to make efforts to give the restaurateurs a better business plan. Klimm agrees that the facility needs to be addressed; larger rooms, etc. will be more competitive.

2008-141 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT GOLF COURSE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $3,616,942 be appropriated for the purpose of funding the Town's FY 2009 Golf Course Enterprise Fund budget; and to meet such appropriation that $3,616,942 be raised from current year revenues by the golf course facilities. VOTE: Unanimous 2008-142 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT MARINA ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 9:35 PM. VOTE: No Objections Klimm gave the rationale. The budget is increasing 1.4 percent. Upon a motion duly made and seconded it was voted to close the public hearing at 8:36 PM. VOTE: No Objections

• Councilor Crocker asked about the change in funds transferred out. Finance Director Milne explained that the level of transactions is paying for more of the enterprise fund and the town is reimbursed by the amount transferred out.

• Councilor Milne announced that the Gary R. Brown boat ramp will have a ground-breaking in the fall. He also thanked the manager for supporting and committing funds from the Duck Boat for this project. Mark Ells added that bids for the Lewis Bay boat ramp (to be renamed) have been scheduled.

2008-142 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT MARINA ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $643,791 be appropriated for the purpose of funding the Town's FY 2009 Marina Enterprise Fund budget; and to meet such appropriation that $643,791 be raised from current year revenues by the marina facilities. VOTE: Unanimous 2008-143 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT SANDY NECK PARK ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:40 PM. VOTE: No Objections Councilor Chirigotis made the following motion, which was seconded, amending Item 2008-143 as follows:

That the sum of $524,169 be appropriated for the purpose of funding the Town's FY 2009 Sandy Neck Park Enterprise Fund budget; and to meet such appropriation that $514,169 be raised from current year revenues by the Sandy Neck Park operations.

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Manager Klimm gave the rationale. This is for pay increases to summer staff. Councilor Munafo commended him for putting the public first. On the amendment: VOTE: Unanimous Upon a motion duly made and seconded it was voted to close the public hearing at 8:42 PM. VOTE: No Objections

• Councilor Barry asked about the number of stickers sold. Nina Coleman said it usually goes up about 10% per year, except for this year with the closures. It should improve in FY 09.

• Councilor Farnham, liaison to the Sandy Neck Board, said they are a wonderful, supportive and hard working board. Would like to see more money for this.

2008-143 APPROPRIATION FOR FY09 COMMUNITY SERVICES DEPARTMENT SANDY NECK PARK ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $524,169 be appropriated for the purpose of funding the Town's FY 2009 Sandy Neck Park Enterprise Fund budget; and to meet such appropriation that $514,169 be raised from current year revenues by the Sandy Neck Park operations. VOTE: Unanimous 2008-144 APPROPRIATION FOR FY09 GROWTH MANAGEMENT DEPARTMENT GENERAL FUND BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:45 PM. VOTE: No Objections Manager Klimm gave the rationale. This is a 1.3 percent increase. This department is working at a fiscal 2002 staffing level. Upon a motion duly made and seconded it was voted to close the public hearing at 8:47 PM. VOTE: No Objections

• Councilor Crocker congratulated the group for all the grants they have secured. 2008-144 APPROPRIATION FOR FY09 GROWTH MANAGEMENT DEPARTMENT GENERAL FUND BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $1,029,313 be raised and appropriated for the purpose of funding the Town's FY 2009 Growth Management Department Budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-145 APPROPRIATION FOR FY09 TOWN COUNCIL DEPARTMENT BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:50 PM. VOTE: No Objections Councilor Chirigotis made the following motion, which was seconded, amending Item 2008-145 as follows:

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That the sum of $331,183 be raised and appropriated for the purpose of funding the Town's FY 2009 Town Council budget as presented to the Town Council by the Town Manager.

Manager Klimm gave the rationale. This adds an additional $13,200 mistakenly excluded from the budget. On the amendment: VOTE: Unanimous Upon a motion duly made and seconded it was voted to close the public hearing at 8:50 PM. VOTE: No Objections 2008-145 APPROPRIATION FOR FY09 TOWN COUNCIL DEPARTMENT BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $331,183 be raised and appropriated for the purpose of funding the Town's FY 2009 Town Council budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-146 APPROPRIATION FOR FY09 TOWN MANAGER DEPARTMENT BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:51 PM. VOTE: No Objections Manager Klimm gave the rationale. This budget is a 3.5 percent increase. Upon a motion duly made and seconded it was voted to close the public hearing at 8:51 PM. VOTE: No Objections

• Councilor Crocker said the public needs to understand that the insurance costs are out of the town control. Klimm said the employees have the right to choose and never know how it will fluctuate.

• Councilor Munafo asked for the numbers for increased costs under the state mandate. Mark Milne said it is an increase of about $0.5M and the total about is about $6 M.

• Councilor Rugo asked about the breakdown of insurance between the school department and the town. It is about 65% school and 35% town.

• Councilor Milne asked if the enterprise accounts were billed when generic staff does work for an enterprise account and specifically about the manager’s department. Mark Milne said approximately $1.75 million will be billed to enterprise funds in FY 09, $57,000 of which is for the town manager’s department. Klimm added that this billing has increased dramatically over the years and Mark Milne’s system has developed into a model for other systems.

2008-146 APPROPRIATION FOR FY09 TOWN MANAGER DEPARTMENT BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $607,012 be raised and appropriated for the purpose of funding the Town's FY 2009 Town Manager budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-147 APPROPRIATION FOR FY09 ADMINISTRATIVE SERVICES DEPARTMENT BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 9:00 PM. VOTE: No Objections

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Manager Klimm gave the rationale. Upon a motion duly made and seconded it was voted to close the public hearing at 9:04 PM. VOTE: No Objections

• Councilor Munafo thanked the manager for the senior staff he has assembled. • Councilor Farnham said that this group gets whacked when there are budget cuts needed.

Director Milne said 3 positions have been cut over the last 5 years and 8 or 10 over the last 10 years. A lock box service for tax collection has been put in place to allow another personnel cut.

• Councilor Crocker said it shows a great tightening of the belt. • Councilor Chirigotis pointed out that with all that, Mark Milne is continuing to get awards.

2008-147 APPROPRIATION FOR FY09 ADMINISTRATIVE SERVICES DEPARTMENT BUDGET Upon a motion duly made and seconded it was ORDERED: That the sum of $5,371,527 be raised and appropriated for the purpose of funding the Town's FY 2009 Administrative Services Department budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-148 APPROPRIATION FOR FY09 OTHER REQUIREMENTS BUDGET Upon a motion duly made and seconded it was voted to open a public hearing on this item at 9:10 PM. VOTE: No Objections Councilor Chirigotis made the following motion, which was seconded, amending Item 2008-148 as follows: 1) That the sum of $24,168,220 and appropriated for funding the Town's FY 2009 Other Requirements Budget as presented to the Town Council by the Town Manager; 2) And that the following sums be transferred from the Town’s Enterprise Accounts for the purpose of funding Administrative Costs within the General Fund: Water Pollution: $515,586; Solid Waste: $322,846; Water: $113,325; Airport: $506,909; Golf Course: $200,000; Marinas: $43,220; Sandy Neck: $48,744 3) And further, that the sum of $381,500 be transferred and appropriated from the Pension Reserve Account for the purpose of funding the Town's annual pension appropriation obligation under the provisions of Chapter 32, Section 22D; 4) And further, that the sum of $102,375 be transferred from the Embarkation Fee Special Revenue Account to the Capital Trust Fund for the payment of debt service on the Pleasant St. dock replacement; 5) And further, that the sums of $32,000 be transferred from the Bismore Park Account; $35,000 be transferred from the Wetlands Protection Account; $45,535 be transferred from the Adult Social Day Revolving Account; $45,000 be transferred from the Embarkation Fee Special Revenue Account; $176,000 be transferred from the Mooring Fee Special Revenue Account, and $6,165,559 be transferred from the General Fund Savings Account all for the purpose of funding the Town's FY 2009 general fund budget as presented to the Town Council by the Town Manager.

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Mark Milne gave the rationale. The increase of 82,240 in the general fund amount is due to the additional $69,240 for recreation staff and the additional $13,200 in town council expenses. VOTE: Unanimous Upon a motion duly made and seconded it was voted to close the public hearing at 9:14 PM. VOTE: No Objections

• Councilor Crocker asked for a projection of the interest rate on the bond. Mark Milne said the bond market is good and the town will get a lower interest rate than anticipated. Snow and ice is the only category in which the town can deficit spend. They have increased the base for snow and ice to a more accurate, larger number.

2008-148 APPROPRIATION FOR FY09 OTHER REQUIREMENTS BUDGET Upon a motion duly made and seconded it was ORDERED: 1) That the sum of $24,168,220 and appropriated for funding the Town's FY 2009 Other Requirements Budget as presented to the Town Council by the Town Manager; 2) And that the following sums be transferred from the Town’s Enterprise Accounts for the purpose of funding Administrative Costs within the General Fund: Water Pollution: $515,586; Solid Waste: $322,846; Water: $113,325; Airport: $506,909; Golf Course: $200,000; Marinas: $43,220; Sandy Neck: $48,744 3) And further, that the sum of $381,500 be transferred and appropriated from the Pension Reserve Account for the purpose of funding the Town's annual pension appropriation obligation under the provisions of Chapter 32, Section 22D; 4) And further, that the sum of $102,375 be transferred from the Embarkation Fee Special Revenue Account to the Capital Trust Fund for the payment of debt service on the Pleasant St. dock replacement; 5) And further, that the sums of $32,000 be transferred from the Bismore Park Account; $35,000 be transferred from the Wetlands Protection Account; $45,535 be transferred from the Adult Social Day Revolving Account; $45,000 be transferred from the Embarkation Fee Special Revenue Account; $176,000 be transferred from the Mooring Fee Special Revenue Account, and $6,165,669 be transferred from the General Fund Savings Account all for the purpose of funding the Town's FY 2009 general fund budget as presented to the Town Council by the Town Manager. VOTE: Unanimous 2008-149 REVOLVING FUNDS AUTHORIZATION FOR FY09 Upon a motion duly made and seconded it was voted to open a public hearing on this item at 9:16 PM. VOTE: No Objections Finance Director Milne gave the rationale.

• Councilor Crocker asked about the FY08 appropriations. These are the same numbers. Upon a motion duly made and seconded it was voted to close the public hearing at 9:17 PM. VOTE: No Objections 2008-149 REVOLVING FUNDS AUTHORIZATION FOR FY09 Upon a motion duly made and seconded it was ORDERED: Pursuant to Chapter II, Article XVIII-A, Section 3 of the General Ordinances, the Town Council hereby authorizes the following revolving funds for FY 2009:

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Fund Revenue Source Dept Officer Auth. To Expend Funds Use of Fund

Total Expenditure Limit FY 2009

Classroom Education Fund

Program registration fees Senior Services Director

Salaries, benefits, expenses, contract services to operate program

$35,000

Adult Social Day Fund

Program registration fees Senior Services Director


$150,000

Recreation Program Fund

Program registration fees

Recreation Director


$450,000

Shellfish Propagation Fund Fees from permits Natural Resources

Director

Salaries, benefits, expenses, contract services, shellfish equipment to operate

$100,000

Building Inspections Fund

Fees from permits for municipal & private projects

Building CommissionerSalaries, benefits, expenses, contract services to operate program

$150,000

Consumer Protection Fund

Fees from weights & measures services,

Director Regulatory Services Dept.


$165,000

Geographic Information Systems Fund

Fees for GIS maps & reports

Information Systems Director


$20,000

Total $1,070,000 VOTE: Unanimous (roll call) Councilor Joakim announced the awarding of the Boston Post Cane on June 12th at 1 PM. Town Manager Klimm said he was blessed with incredible town employees who give more and more while getting less and less. He recognized his finance team: Mark Milne, John O’Brien, and Ann Marie Ells-Stetson. He also thanked the council for the time they put into the budget. President Joakim also thanked the town manager. Upon a motion duly made and seconded it was voted to adjourn the meeting at 9:25 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

Town of Barnstable Town Council Meeting June 5, 2008

quorum being duly present, Council Vice President Frederick Chirigotis called the regular meeting of the Barnstable Town Council to order at 7:03 pm, on June 5, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA

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PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, J. Gregory Milne, James Munafo, Jr., James M. Tinsley, Jr. and Harold Tobey ABSENT: Janet Joakim, Thomas Rugo The Pledge of Allegiance was led by Vice President Chirigotis, followed by a Moment of Silence. Recognition of Robyn Pitera, Barnstable Youth Commission Councilor Janice Barton presented Robyn Pitera, Senior from BHS who was given an award. She has been on the Youth Commission for four years and worked on various projects throughout her tenure. She received a certificate for dedicated service to the Town of Barnstable. Sally Ann Imes, the Youth Services Coordinator noted that they are going to miss her. Chris Barber and Mark Raymond were also present and agreed. Robyn said it has been fun but a lot a work and it gave her a chance to share her voice. Barnstable Youth Commission Annual Update--Presented by Mark Raymond Mark Raymond gave an update and also thanked Robyn. He gave a power point presentation in which he noted the structure of the commission and stated that they strive for a safe community as well as to make sure their ideas are heard. He announced that they now have a Youth Services Coordinator. He said they are involved with: Youth at Mall Nights; Peace Week; were part of Barnstable County’s Youth, Summit; and are looking to beginning relationships with the Middle School students, to name a few. Councilor Canedy asked how many people make up the core group. Raymond said there are 5 official commissioners, and 10 or 15 who attend meetings on a semi-regular basis. Councilor Curtis asked what the top 3 issues are for the youth. Raymond said they want more to do, and we try to make more for them to do. Another thing is lack of transportation, which makes it difficult for many to get around. There are also school issues such as school lunches, (lines etc.) Some students are just looking for an outlet to voice their concerns. They have had various forums on themes such as: diversity, drug and alcohol use, etc. Councilor Tobey feels that Mr. Raymond should be commended for his work and stated that what he has done is great. Tobey said that he is honored to be able to see him grow. Councilor Milne echoed Councilor Tobey. He asked about the issue of the start of the school day with early starts for high schoolers being a negative. Raymond said that the high schoolers talk about this – but there are sports and after school activities to consider too. We see it as an issue but it may not have an immediate solution. Milne asked if they were going to have a stronger role in the new Youth and

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Community Center. Raymond said they hope to have a role in this; the YSD would like to play a large role. Milne asked why the young people do not come back after college and what can we do to have more return. Raymond stated that lack of jobs, other than service industry positions, as being the problem. Craigville/Centerville DCPC Presentation--Jo Anne Miller Buntich Ms. Buntich gave a full presentation on the DCPC, which started Feb. 12, 2008. She had a power point presentation complete with maps that identified the actual area of the DCPC. She stated that an outreach began to the village of Centerville in 2006. The priorities from the village included such items as: architectural and design guidelines, the desire to protect historic character and a need for sidewalk upgrades. There were many concerns on building height and other issues such as wastewater and waterfront management Vice President Chirigotis said that this grew out of the visioning sessions and he thanked the Town and its various departments for their cooperation. He thanked Buntich and said we need to move forward slowly. Councilor Crocker said the pace is good. He noted that the real estate value has not declined in this area as fast as other areas. He also questioned the new proposed health regulations that will cover a wide area. Buntich is aware of the health regulations and they will not undermine or compete with those regulations. They will work together. They are also looking at the height restrictions and replacement requirements of laws. They are working with the landowners. Councilor Canedy reminded the council that another DCPC came forward with similar issues. Cape & Vineyard Electric Coop Update—Presented by Maggie Downey & Charles McLaughlin See exhibit A of the power point presentation. Charles McLaughlin opened the update by introducing Mark Zylinski, Joseph Soares as well as Maggie Downey. He noted that the cooperative was one for our former Town Attorney Robert Smith’s visions. Ms. Downey stated that she was present to look forward and update the council on the progress of the formation of the coop. The concept began due to the fact that towns are unable to borrow or finance electric generation projects without special legislation; they wanted to stabilize electric rates for all ratepayers with renewable energy projects; and, develop renewable energy projects as well as public policy. They studied the best alternatives. This will be tax exempt.

• Councilor Canedy asked if there are potential liabilities. Ms. Downey said if you develop capital projects there is a potential for financial liability. The projects will be evaluated and will not be brought forward unless the business plan can stand on its own. She was asked if the council would have a chance to vote in on projects. McLaughlin said the bylaws were drawn so that any town’s exposure is limited to the exposure that they accept by the council. Projects that

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need financial support will have to be brought to each town’s legislative body for approval. It is the hope that some of these projects will be self-funding through grants and projected revenue.

• Councilor Crocker asked who of the members have net worth. Zylinski said the benefits will be

distributed by the municipal load – the idea is to do it based on the pro rata share of the load. If they hosted the project they might take a larger percentage. Downey said the projects have to be permitted, have to have good wind and have to have a good revenue output. These will be 20 year power purchase agreements.

• Councilor Farnham stated that we are obligated to participate, but if we withdraw from a project,

then we can’t go forward anymore. So you can’t pick and choose. McLaughlin said we did not want a structure where municipalities could cherry pick. This is a complex subject. The net metering could be of great benefit to the communities who choose to take advantage of this. It is complex and we need a lot of education.

• Councilor Canedy said the goals are good, but she is concerned about the provision that if you

don’t want to go along with a project, you then have to leave the coop. The idea that you can’t cherry pick bothers her. McLaughlin said it needs to be in there in order for the cooperative to continue forward. Canedy says that it appears to be a punishment – go along or you are gone.

• Councilor Curtis asked if this concept is new or has it been done elsewhere. McLaughlin said

that this cooperative legislation came into being in the late 90’s. There is only one other cooperative. They too are pursuing it for renewable energy. Curtis wanted to know how that cooperative is doing.

• Councilor Milne asked if we don’t go forward, what would a consumer see in the market of the

future. Downey said she can’t predict that. This is not about a single solution. You need to look outside of the box.

• Councilor Munafo asked about the deferred 42%. Downey said we can defer the regulated

portion – the Town of Barnstable wouldn’t pay, but what we don’t pay will be spread out to other consumers.

• Councilor Crocker asked about this deferred portion. McLaughlin said there is a cap on the

deferred amount. If Barnstable and the Cooperative produce all of the power – no one else can participate.

• Councilor Canedy asked about who benefits. Downey noted it would be the municipality that

would benefit most. PUBLIC COMMENT None ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of May 15, 2008 with the following corrections: - page 10 change it to “tax funded CPA money”. VOTE: 9 Yes 2 Abstain. as amended

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Upon motion duly made and seconded it was voted to approve the minutes of May 22, 2008 with the following corrections on the bottom of page 6 change the item number to read as the header - 2008-145; do the same change on page 8 to 2008-148. VOTE: 9 yes 2 Abstain as mended. COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

Councilor Curtis – chair of appointments committee took exception to remarks made about the appointments committee at a recent meeting. We have an active and conscientious group on the committee. We follow council principles on listening and respecting one another. She made a statement that they look at all the individuals who do come forward to serve. She gave an overview of what the committee does in its deliberations. The committee recommends and the council approves.

Councilor Farnham said he had asked the ZBA appointments to be tabled, and he asked

for a detailed listing of the expiration dates and who are those that are serving. He would like to see it before we act on this. He also announced the Father’s Day Car show on June 15th.

Councilor Chirigotis also noted that the in-the-water boat show will be held on the same

day.

Councilor Barton noted there was a Pond’s Report given recently. The Shirley Blair Flynn Art Center has studio artists and they are currently working there.

Councilor Crocker announced the Board of Health meeting on the 16th of June to review

the proposed regulations for the overlying watershed areas.

Councilor Milne asked if the meeting could be televised. He also announced the Selectmen’s meeting.

OLD BUSINESS

2008-156 APPROPRIATION OF $50,000 FOR THE REVISED COST ESTIMATES FOR DESIGN, PERMITTING AND A FEASIBILITY STUDY FOR THE PROPOSED SANDY NECK BATHHOUSE, COASTAL INTERPRETIVE CENTER AND PARKING LOT IMPROVEMENTS Upon motion duly made and seconded it was voted to go into a public hearing for the purpose of discussing the above named item. VOTE: Unanimous in favor Asst. Town Manager Tom Lynch gave the rationale as printed in the agenda.

• Sandy Neck Mgr, Nina Coleman, said they had designed a new bathhouse along with the possibility of an interpretive center. Because of the sensitivity of the area, our initial plans must be reviewed in great detail by various agencies.

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• Councilor Curtis asked how long it may be before a determination. Coleman said we don’t know when we can come up with a plan per se. We need to proceed.

• Councilor Canedy asked why don’t you separate out bathhouse from the project and get

it fixed. The parking and the center may or may not happen and to tie it in with the bathhouse makes both fail. Coleman said we have to fund the bathhouse – it is very poorly located – it needs to be razed and rebuilt. She said the center is further down the road. Canedy said if you went forward on just the bathhouse – could you go through faster on the bathhouse. Coleman does not know if separating the project would do it.

• Councilor Farnham noted that they are going to propose the bathhouse be placed in the

upper parking lot but you lose parking. He said the Natural Resource people are passionate about their cause; but, we need to continue.

Upon motion duly made and seconded it was voted to go out of the public hearing at 9:28 p.m. VOTE: Unanimous in favor Councilor Crocker thinks that it is absurd. He would like to see Tom Lynch or someone go to the table. Crocker said we need to end it – solve the problem or walk from the project. Councilor Crocker made a motion which was seconded to ask the manager to assign someone to assist and advance this program. Councilor Farnham agreed with Crocker. Coleman said that we have been trying to get everyone to the table and have to get everyone involved. The neighborhood is positive on the project and something needs to be done. It has been going on for about 6 months. VOTE: On motion to make a request to the manager – Unanimous in favor Upon motion duly made and seconded it was ORDERED: That the sum of $50,000 be appropriated for the purpose of funding additional design and permitting for the proposed Sandy Neck bathhouse, Coastal Interpretive Center, and parking lot improvements; and to meet the appropriation that $50,000 be transferred from the Sandy Neck Enterprise Account Surplus funds. VOTE: 11 Yes 2008-158 TRANSFER FROM THE FY08 DPW OPERATING BUDGET TO THE DPW OPERATING CAPITAL BUDGET Asst. Town Manager Lynch gave the rationale as printed in the agenda. DPW Director Mark Ells – said that we have put in more efficient systems and had savings – and we want to use the savings to put it towards additional upgraded boilers. Councilor Munafo asked if we have guidelines regarding green and asked about the degree of efficiency. (Ells said it is 97% efficient). Councilor Milne asked if this is doing the old part of the police station only, and the answer was yes.

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Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was ORDERED: That the sum of $80,000 be transferred from the FY 2008 Department of Public Works operating expense budget to the FY 2008 Department of Public Works operating capital budget. VOTE: Unanimous in favor Vice President Chirigotis announced how glad everyone was to have Councilor Tobey here with us. TOWN MANAGER COMMUNICATIONS Asst. Town Manager Tom Lynch said that Patty Machado had complimented the DPW on their work on the bathhouses at the beaches. ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at 9:44 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


June 19, 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 7:05 pm, on Thursday, June 19, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. ABSENT: James Crocker, Jr. (arrived at 10 PM) President Joakim led the Council in the Pledge of Allegiance and a moment of silence for Mark Conway, a local pilot who perished in a recent plane crash at the airport.

Roads Committee Workshop Present: Councilors Leah Curtis, Ann Canedy, Henry Farnham, and DPW Senior Manager/Roads, Roger Parsons. (Councilor Harold Tobey served on the committee but did not participate in the presentation.) Councilor Curtis thanked Councilor Crocker and all her colleagues who have served on this committee over the years. She thanked the staff and the town manager for providing the staff. Denise Geoffrion, DPW, received special thanks. Curtis stated that “this has been a long, strange trip on a long windy road.” The presenters took turns discussing the work of the committee as outlined in a PowerPoint program (See Exhibit A) It was noteworthy that publicly owned roads have a much higher (higher is better) Pavement Condition Index (PCI) than the privately owned roads. Town roads are well maintained. In attempting to prioritize the 1,788 roads in town, the committee selected three major high volume roads. Mary Dunn Road and Old Strawberry Hill Road were of mixed ownership – part town owned and part privately owned - because the town already was obligated to sections of these roads. The third road, Wakeby Road, was initially believed to be of mixed ownership, but much later in the process the committee discovered it was a private road.

• Councilor Munafo saw the need for the three roads recommended and asked if there had been any input from town residents and/or abutters. He pointed out that the disrepair now controls the speed on Old Strawberry Hill Road. Councilor Canedy explained that only 6% of the cars on Mary Dunn Road, for example, are those of abutters; these roads pick up a lot of extraneous traffic. The construction process would depend on the needs of that sector of road and improvements would be surface improvements not straightening or widening, which would not by itself cause the speed to increase.

• Councilor Rugo felt speed was a concern even in its current condition. • Councilor Chirigotis asked about the possibility of sidewalks for narrow and winding areas.

Councilor Canedy said the road will have to become a town road before these issues, as well as speed bumps, can be addressed.

• Councilor Milne felt Mary Dunn Road is and will be used by businesses, existing or proposed, for Independence Park. Perhaps impact fees for the road improvements should be assessed to new developments at Independence Park. Councilor Farnham said that the proposed Exit 61/2 was to alleviate some of the impact on Mary Dunn Road.

• Councilor Rugo thought sidewalks may be a sensible addition and should be put into the mix. He added that towns cannot impose impact fees.

• Councilor Barry felt the town should take care of the public roads which have been ignored before spending money on private roads. Curtis explained that the $3.25M already designated for public roads would not be used for these roads. These roads were chosen because they are the most highly traveled of the public-private mixes; they are in 3 different parts of town and serve a majority of the residents for one reason or another. There is a public expectation that these three roads will be available with some modicum of safety.

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• Councilor Farnham suggested these roads be added to the CIP funding process so they can be vetted against all of the rest of the CIP requests.

• President Joakim pointed out that there is currently a betterment program, for private roads only called the Temporary Private Road Repair Program. The public can get a packet about it from the DPW.

• Mark Ells, DPW Director, said it would take time to understand minute details of the process. There are funds in the public roads budget to make repairs on the public portions of Mary Dunn and Old Strawberry Hill Roads. Roads deteriorate and once they reach a PCI rating of 60, the road really deteriorates beyond repair such that it cannot be plowed in some conditions. Roger Parsons added that watching a road’s PCI is important.

Councilor Curtis concluded by saying the committee will be happy to reconvene in the fall at least once, if council so desires. PUBLIC COMMENT Bill Cook and Mark Wilkins, Director of the Cape Cod Maritime Museum, spoke about the Catboat Sarah’s South Shore Tour during July and August, as well as the activities at the museum for children and adults. They were thankful for the town’s support for this educational effort. (See Exhibit B.) Oliver Cipollini, who lives off of Wakeby Road feels the roads committee has worked in a vacuum without contact with residents on and immediately off Wakeby Rd. This needs to be preplanned with the neighbors in mind. The Public Works committee has not met in over two years. He urges the council not to work in a vacuum. Mary Clements said the quality of life can only improve with open government. Citizens for Open Government filed with OCPF as a PAC. She appreciates the dissemination of facts and has created a website. Robert Tucker suggested going after vehicles on the road that are not registered and have outdated stickers to get back excise tax money for roads, etc. This could provide more funds for the health department to send out people to inspect for illegal occupancy in the evenings. Lou Gonzaga is more concerned about the repair of public roads. It is on the deed of the property owner if the parcel is on a private road. Spring Street now has a speed issue. More police are needed for traffic control and grants could help fund the improvement of roads. Bud Bergstrom is in opposition to a $250,000 grant for the Village Green Housing Project. He paraphrased a letter from Richard Largay. (See Exhibit C). The developers are being rewarded even though the current project ignores the desires of the LCP. Local residents did not have any input. He asks that the council reject the grant. Laura Shufelt, Community Preservation Committee, said the Village Green project was fully vetted for comments from boards and residents. It has received approval from all reviewers. The reduced rents are in perpetuity. The plan clearly favors the town. Opponents of the project would be happier with permanent housing not rentals. She feels this is elitist. Cynthia Cole supports the project and is happy to see affordable housing in some other village than Hyannis. Al Baker announced a social event, complemented the Roads Committee for working hard, and wondered what role an associate member has on the ZBA. COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Curtis said the Roads Committee report is preliminary and if any proposal moves forward, the public will be involved. Associate members of the ZBA fill-in as voting members if there are absences

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at meetings to insure a quorum, allowing action to go forward. That role also serves as a learning experience and assures continuity on the board. Councilor Barry explained, as a former associate, what his role was – sitting and listening. Councilor Canedy thanked the Cape Cod Maritime Museum for the information on Sarah. On the Village Green project, she said there were public hearings, but when she was first elected, she had a call explaining that project was “a done deal” and, therefore, she should not oppose it. As an example, the fire department’s suggestions were not incorporated into the Village Green plan. In contrast, a proposal for a senior living project in the same location, had to incorporate both fire department and water company requirements prior to finalization of the design. Another example was the change in the number of units based on the need for profits. “Elitism” has trivialized the legitimate concerns of the people of Cummaquid. District taxes were raised due to the impact of this and other projects. Councilor Rugo finds that ZBA associate members get involved quite a bit. Councilor Tobey said that nothing on the roads committee was done in a vacuum. He commends the board for bringing a plan to the council. Meetings were posted; the public was allowed to speak. They are still looking for community input. Councilor Milne asked whether the catboat will have a slip for the summer. Town Manager John Klimm said there is a plan for a berth for the little time the catboat will be in port this summer. President Joakim said there were quite a few members of the public at meetings of the roads committee. Anyone who would like to give input should contact the council. ACT ON MINUTES Upon a motion duly made and seconded it was voted to approve the minutes of June 5, 2008 with the following corrections: Change the name recorded as Chris Barber to Chris Farber. VOTE: 10 Yes (Joakim and Rugo abstained) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Farnham spoke about the Father’s Day car show and announced a cookout at the Burgess House in Marstons Mills. Councilor Munafo received complaints about the quality of water from the Hyannis Water Co. DPW Director, Mark Ells encourages residents to call the water department or the DPW office with any concern or complaint. There have been only about a dozen complaints since the chlorination began last year. An annual newsletter will address the quality of water. The 100 year old water tower is under repair and may go back on line. Finding a site for the new tower is in process. The tank will be completed a few years after the location is determined. Manager Klimm invited Hyannis residents and businesses to attend Hyannis Water Board meetings. He publicly thanked Alan Goddard for his service on the board and announced that the new appointee was Tom Holmes. Councilor Tobey said the unveiling of a statue in front of the Zion Union Heritage Museum will be happening soon. Councilor Milne talked about visiting the first LEEDs certified building at CCCC. It is a carbon neutral building and a role model for the state. Councilor Barton announced that the town was again certified as a No Place for Hate Community through the collaborative efforts of the police department, schools, volunteers, etc. Mark Raymond has been selected to attend Boy’s State. She also thanked Chief Paul McDonald for handling the homeless situation and the minority of people that create other issues.

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Councilor Curtis announced openings on committees and commissions. Councilor Barry wondered why there was no village vision plans affixed to the revised LCP that is on the agenda for a public hearing at the next meeting. Patty Daley, Director of Growth Management said the village plans will be part of it. They are a separate section and have been reformatted. The council will be voting on the whole package. Manager Klimm added that the town council decides what is in the plan and when it is voted. Councilor Canedy announced several upcoming activities in Barnstable Village. Upon her request, Mark Ells gave an update on the “Canedy” bulkhead. The emergency repair is complete and he is still consulting on the alternatives and their costs in order to make a recommendation which makes the most sense. President Joakim encouraged people to visit the Senior Center and encourages seniors to take advantage of the new activities now available. Lynne Poyant reviewed the town-wide July 4th activities. She announced that the Town Manager will be a guest conductor at the Cape Cod Symphony Orchestra’s 4th of July concert. Councilor Farnham asked about the dredging of Barnstable Harbor. There is a short window in which to do it. Klimm said the project was not fully permitted yet. The funding is $425,000 and he will have a request for funding for the council. ORDERS OF THE DAY OLD BUSINESS 2008-131 APPROPRIATION & TRANSFER ORDER OF COMMUNITY PRESERVATION FUNDS FOR COMMUNITY HOUSING IMPROVEMENTS AT 770 INDEPENDENCE DRIVE, HYANNIS Upon a motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G.L. c. 44B, the sum of Two Hundred Fifty Thousand and No/100 ($250,000) Dollars be appropriated and transferred from Community Preservation Housing funds in the Community Preservation Fund on June 21, 2007 under item 2007-162; and that the Town of Barnstable, Growth Management Department is authorized to contract for and expend the amount of $250,000 with the prior approval of the Town Manager; for the development of 148 apartments, of which 40 units will be affordable rentals and the remaining 108 will be market rate in five (5) buildings located at 770 Independence Drive, Hyannis, MA, Map 332, Parcel 010-001

• Councilor Milne does not like the idea of giving a developer $250,000 to subsidize his project. It does not follow how the CPA money should be used and he was elected to do what is in the best interest of all residents of Barnstable – not one precinct. Milne has not seen more than one or two residents in favor. He cannot support it.

• Councilor Farnham asked who owned the land. The Cobb Trust gave it to the town and the town put it in a charitable trust like the Lombard Trust. A deed restriction is necessary to change from 80% to 70% affordable. Since this will be a new cash flow for the Cobb Trust, Farnham suggested the Cobb Trust be a partner and forgo the three years of ground rent. Since the Cobb Trust money is to benefit schools, and this is taxpayer money, it is an additional tax for the schools.

• Councilor Munafo asked if the $1M state grant is tied to this appropriation. Peter Freeman, attorney for the developer, said the $250,000 will help leverage the funds from the state. This is an additional million to the $3M. Munafo feels he is being asked to approve an appropriation that has already been approved by the CPA.

• Councilor Tobey received unfavorable community feed back. He also has a problem using CPA money for private development. Laura Shufelt, Vice Chairman of the CPC said that

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CPA funds across the state have been used for private developers; the nearest example is in Dennis. The state requires local participation if the state gets involved through funding.

• Councilor Curtis pointed out that 100% of the units will be counted as affordable. The project is located in Barnstable Village on the Hyannis line – not in Cummaquid. It will have an impact on schools, fire and water services. She asked what public comment has been given at CPC meetings and what happens if the additional $1M from the state does not come in. Lindsay Counsell, CPC, said people raised concerns that were not in the purview of the committee. The act does enable housing. There will be about $77,000 in rental savings per year for those who rent the 40 units.

• Joseph Keller, the developer, said the funds from Mass. Housing are competitive. The town needs both affordable and market rate housing. Rental people want to live near transportation, services, etc. He cannot do the project if he does not secure the $1M. He explained that he had to hire another architect to make many changes; it is a much higher quality project and more rentable.

• Councilor Barton looked for more information on the project itself, such as schemes for plantings and lighting, which has not arrived. Freeman said all the details are in plans, etc. Barton said she would support this because the money goes to the Cobb Fund for the schools. Cobb Funds have allowed enrichments, computers, etc. that would not have been available. Affordable housing subsidized with taxpayer money is going to the school system to heal and educate future taxpayers.

• Councilor Barry asked if the 148 units have counted toward the housing stock. Shufelt answered that the units have counted and will go back in the count once a building permit is issued. Barry pointed out that no developers want to build rental housing; they want to build, sell and go. This is in an industrial park and he will support the affordable rental housing.

• Councilor Canedy explained that the housing is being built under power lines and near an airport. It is actually 6/10 of a mile outside of Cummaquid. The members of a 400-strong association are opposed. The cost to the town, schools and the district is not offset by the money that goes to schools. Is it an appropriate use of CPA money? She feels it is opening a Pandora’s Box. How can future requests by developers be denied? If the project needs money before a shovel hits the ground, what happens if the project cannot be completed?

• Councilor Tinsley’s concerns were infrastructure and what it means to the town down the road. Votes from other boards were not unanimous. He read relevant portions of the LPC stating the rate of development should not out run the ability to provide infrastructure. He envisions kids playing in an industrial park. What about open space and areas for children?

• Councilor Rugo said it was easier to get this through by siting it in an industrial park. It is an opportunity for young families who would not otherwise be able to live on the Cape. Areas like Fall River and New Bedford have better rents, etc. The affordable housing would continue even if the project went into foreclosure. Each project must be evaluated on its merits.

• Councilor Chirigotis pointed out that it is next to a church, a private school and in the Senior Continuing Care District that are also in the industrial park and changing the use. There is open space around the project. With the need for rental housing it is a good idea and the right thing to do.

• President Joakim confirmed that all 148 units will count towards the affordable housing total. Shufelt added that the town was currently at 6.3% of the needed 10%, and this would bring it up to about 7%. Because these are rental units, if 25% are affordable, all the units will count. In home ownership, only the affordable units are counted.

A motion was duly made and seconded to postpone this item to the meeting of July 17, 2008. VOTE: Yes 10, 2 No (Note: Councilor Crocker arrived at this time) 2008-157 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission:

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DISABILITY COMMISSION Coreen S. Brinckerhoff, 82 Castlewood Circle, Hyannis, as a member to a term expiring 06/30/2011 ZONING BOARD OF APPEALS Laura F. Shufelt, 1696 Osterville-West Barnstable Rd, W. Barnstable, as a member to a term expiring 06/30/2010 Nikolas J. Atsalis, 290 Elliot Road, Centerville, as an associate member to a term expiring 06/30/2009 John T. Norman, 1625 Old Post Road, Marstons Mills, as a member to a term expiring 06/30/2010 Councilor Munafo raised a point of order regarding changing item numbers. (Action on the appointment of Nicholas Atsalis, which was Item 2009-151 on the May 15th agenda, was postponed.) Councilor Curtis explained that this was the one remaining item under Number 151 and for expediency it was added to the current item number. Councilor Milne suggested that the document had conflicts. President Joakim recessed the meeting at 10:05 PM Meeting reconvened at 10:27 PM. Vice President Chirigotis moved to suspend the rules and vote for Mr. Atsalis, and Ms. Brinkerhoff separately. The motion was seconded. VOTE: Unanimous 2008-157 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individual to a multiple-member board/committee/commission: ZONING BOARD OF APPEALS Nikolas J. Atsalis, 290 Elliot Road, Centerville, as an associate member to a term expiring 06/30/2009 VOTE: 12 Y, 1 No 2008-157 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individual to a multiple-member board/committee/commission: DISABILITY COMMISSION Coreen S. Brinckerhoff, 82 Castlewood Circle, Hyannis, as a member to a term expiring 06/30/2011 VOTE: Unanimous Regarding the next vote for a regular member of the ZBA, Councilor Milne wanted to confirm that this individual will take the seat vacated by Randy Childs. Councilor Curtis explained that there are two vacancies for regular members at this time. However, since only one opening was noticed in the item, only one seat would be filled this evening and nominations for any remaining openings, both regular and associate, would be made this evening. 2008-157 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individual to a multiple-member board/committee/commission: ZONING BOARD OF APPEALS Laura F. Shufelt, 1696 Osterville-West Barnstable Rd, W. Barnstable, as a member to a term expiring 06/30/2010

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John T. Norman, 1625 Old Post Road, Marstons Mills, as a member to a term expiring 06/30/2010 VOTE: Shufelt, 7 (Barry, Barton, Chirigotis, Curtis, Joakim, Rugo, Tinsley) Norman, 6 (Canedy, Crocker, Farnham, Milne, Munafo) NEW BUSINESS 2008-159 GRANT ACCEPTANCE OF $75,000 FROM CAPE COD ECONOMIC DEVELOPMENT COUNCIL’S REGIONAL ECONOMIC DEVELOPMENT PILOT PROGRAM Upon a motion duly made and seconded this item was postponed to July 17, 2008. VOTE: No Objections 2008-160 APPROPRIATION ORDER FOR COMMUNITY PRSERVATION FUND FY09 DEBT SERVICE Upon a motion duly made and seconded it was voted to refer this item to a public hearing on July 17, 2008. VOTE: Unanimous 2008-161 COMMUNITY PRESERVATION FUND RESERVE SET-ASIDES & APPROPRIATION FOR COMMUNITY PRESERVATUION COMMITTEE ADMINISTRATIVE EXPENSES Upon a motion duly made and seconded it was voted to refer this item to a public hearing on July 17, 2008. VOTE: Unanimous 2008-162 APPOINTMENTS Upon a motion duly made and seconded it voted to refer this item to a second reading on July 17, 2008. VOTE: Unanimous 2008-163 ADOPTION OF TOWN OF BARNSTABLE COMPREHENSIVE PLAN FOR 2008 Upon a motion duly made and seconded it was voted to refer this item to a public hearing on July 17, 2008. VOTE: 12 Yes, 1 No (Crocker) 2008-164 REAPPOINTMENTS Upon a motion duly made and seconded it voted to refer this item to a second reading on July 17, 2008 with the following corrections and additional nominations: Councilor Curtis noted that John Abodeely’s term to the Conservation Commission should read “to expire June 30, 2011” and the Sandy Neck Board is not an advisory board. Councilor Milne nominated John Norman to the Zoning Board of Appeals as a regular member for a term to expire 2010. Councilor Rugo nominated Ron Janssen to the Zoning Board of Appeals as a regular member for a term to expire 2010; Rugo also nominated Leonard Gobeil to the Zoning Board of Appeals for the expiring position held by Daniel Creedon and Edward X Lynch to the Zoning Board of Appeals for the expiring position held by James Hatfield, both regular members for a term to expire 6/30/2011. VOTE: Unanimous

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Councilor Tobey moved to extend the meeting past 11 PM until business is concluded. The motion was seconded. VOTE: 10 Yes, 3 No LATE FILE 2008-166 AUTHORIZING COUNCIL PRESIDENT TO SIGN GRANT ASSURANCES FOR THE BARNSTABLE MUNICIPAL AIRPORT Upon a motion duly made and seconded it was RESOLVED, that the Town Council authorize the Town Council President to sign the Grant Assurances for a grant dated December 19, 2007 to the Barnstable Municipal Airport for the design of a new airport terminal. Manager Klimm gave the rationale. He thanked Rep. Robert O’Leary and Sen. Therese Murray as well as the staff for their assistance. The issue was to resolve the language in the grant assurances so as not to “sell out” the town by signing the document. Town Attorney Ruth Weil explained the evolution of the addendum that identifies the Town’s sovereignty. Councilor Rugo asked about the status of the Kmart Plaza. Although the town owns the plaza, the Kmart Plaza is part of the airport’s plan as filed with the Massachusetts Aeronautics Commission (MAC). MAC could keep it as part of the airport. Weil added that in the past the town has signed other assurances that don’t put us in any worse position with regard to the plaza. Councilor Milne was skeptical of the statement (pg 4, #1) that the town cannot reorganize the Airport Commission, despite the addendum. He was reassured that the addendum takes care of it. Milne said he did not trust this or the fact that the Town Manager is not in control of the airport manager. VOTE: 12 Yes, 1 No (Milne) Upon a motion duly made and seconded it was voted to enter into executive session at 11:12 PM for the purpose of discussing litigation and contract negotiations and reconvene in open session at the conclusion of the executive session. VOTE: Unanimous (Roll Call) Upon a motion duly made and seconded it was voted to close the executive session and reconvene in open session at 11:54: PM VOTE: Unanimous (Roll Call) LATE FILE 2008-165 TRANSFER ORDER FOR FY 2008 TOWN COUNCIL PERSONNEL BUDGET Upon a motion duly made and seconded it was ORDERED, that the sum of $5,000 be transferred from the FY 2008 Administrative Services Department Personnel Budget to the FY 2008 Town Council Personnel Budget. VOTE: 12 Yes, 1 No (Milne) (Roll Call) Upon a motion duly made and seconded it was voted to adjourn the meeting at 12 AM. Respectfully submitted, Lucia Fulco Assistant Town Clerk


July 17, 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 6:05 pm, on Thursday, July 17, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker prior to 6:20 pm), Jr., Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne (prior to 6:20 pm), James Munafo, Jr., Thomas Rugo (prior to 6:20 pm), James M. Tinsley, Jr. and Harold Tobey. President Joakim led the Council in the Pledge of Allegiance and a moment of silence.

Recognition of Debra Blanchette President Joakim read a statement expressing appreciation and gave a Certificate of Recognition to Town Treasurer, Debra Blanchette for her heroic efforts performing CPR on the late Mr. Robert Steenstra on two separate occasions. (See Exhibits A & B) Mr. Steenstra’s family, sons Eric and Curt, daughter Dawn, and girlfriend Ruth Jenks, presented Ms Blanchette with a flowering plant. There was a standing ovation. President Joakim announced that the public hearings for Items 2008-131, 2008-160 and 2008-161 will be postponed to the Aug, 21, 2008 meeting. PUBLIC COMMENT Jon Julius offered his personal thanks, as well as thanks from many townspeople, to the members of the ZBA who recently resigned. The individuals have years of experience. The reasons that caused their resignations were reprehensible. He said the town needs a brand new government. Al Baker would support a 4-day workweek to save fuel and travel expenses. He suggests that the destruction of the former Red Coach Grill property should be farmed out to DPW employees instead of jobbing it out. Taryn Thoman also thanked the former ZBA members for decades of service and the courage to stand up to those trying to compromise the integrity of the board. She said the Council President did not try to mitigate the situation. Leadership is needed to unite not drive people apart. She asked the public to support the West Barnstable councilor in his demand to ask the president to resign. She will submit signatures to the Town Clerk to begin the recall process. Mary Clements said that improving the quality of life is a noble goal and the national work done by Democrats has been laudable. She also spoke of the ZBA issue. She said the president was not fit to continue serving as a councilor. Citizens for Open Government is demanding her resignation. Pat Butler spoke about the appointment process. Criteria used to determine an appointment or reappointment should involve the faithful performance of duties and applied legal standards without prejudice. Having represented clients before the ZBA, he feels members have applied those standards. He suggests taking a deep breath, stepping back and rethinking, in an attempt to learn about what has occurred over last few weeks. John Norman (former ZBA alternate member) thanked the council for letting him serve for a few years. “ZBA had a good flavor.” He would have appreciated candor; a call telling him they were moving on would have been fine. Instead he was contacted about being put forth for a term as a permanent member. His name was forwarded to the committee; there was no further communication. He was very uncomfortable with how it was handled. In the end, each board member individually decided they had had enough. He noted that even attorneys bring their acolytes to ZBA meetings so the novices can learn how to present zoning petitions. He accepts the results but really wished he had been contacted.

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COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Curtis offered her apology to anyone whose feelings were hurt by the actions of last month. She didn’t feel anyone was singled out. ZBA questions have been complicated for a long time and she takes responsibility as the Appointments Committee chair. Lack of communication was an issue. There was an attempt to reach a position in which the stability of the ZBA would be assured, but that didn’t happen. What occurred does not preclude anyone from reconsidering reappointment. Councilor Tobey also apologized. He is very respectful of the ZBA; they are hard working. The town has lost something very precious. Councilor Milne suggested the council put their apology on paper. Six members of the council who voted believe in the associate system. The council has to pick the best people and walk away. Anything else is un-American. The appearance that sometimes an appointment is on the line due to a particular vote or decision cannot occur. He would like to move that, as a body, an apology be given to the individuals. Councilor Munafo said the day he heard about the ZBA resignations was a sad day and it left the town in a precarious situation. The actions were wrong, but the nomination process in place worked. In the future, the council should pay attention to the process. Councilor Farnham said what transpired was a slap in the face to the community and a huge deal. He thanked Mr. Norman for his honest and thoughtful comments. Councilor Barton felt Mr. Norman was caught smack dab in the middle. She feels that the Appointments Committee under Leah Curtis should go forward. Councilor Canedy regrets how it went down. There were a series of missteps that cannot be placed at anyone’s feet. It goes beyond the ZBA. The Council needs to talk to and listen to members of other boards. It was a serious learning experience. Councilor Crocker feels so many coincidental items have occurred over the last 60 days. All 13 councilors are accountable. The entire council doesn’t always know why someone was nominated or that a seat was available. That is why there is a first reading where others can be nominated. There are no guarantees. He has supported alternates for permanent positions and sometimes not supported alternates. He did support Mr. Norman. President Joakim thanked Mr. Norman for speaking and apologized for the lack of communication. What this has taught the council will be applied. ACT ON MINUTES Upon a motion duly made and seconded it was voted to approve the minutes of June 19, 2008 as submitted. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Joakim suggested a Village News program to allow councilors to get their individual items to their public. She has formed a Council Advisory Sub- committee of Councilors Farnham, Curtis, Barry and Rugo to seek applications to present to the Appointments Committee. Town Manager John Klimm reported on a variety of items.

• The timing of a discussion of the strategic plan before the start of next year’s budget cycle is a plus.

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• He would also like to discuss the capital plan in general terms at that time. • Senior managers are going out into the community. He listed some of the activities and

community meetings they have attended. • He has issued an executive order regarding overtime spending to tighten the reins. • The youth community center is ahead of schedule and under budget. • The house was saved from Stevens Street, will be situated on a town owned site and used for

affordable housing. • Freezer Point will be leased for 6 months using state funds to allow for the exploration of options

and possible ownership. • Despite the national economic slowdown, there have been frequent meetings with companies

who wish to invest in Main Street. • Staff recently attended the annual National Civic League conference, attending various

workshops. This conference is especially efficacious for obtaining ideas that can be implemented here. In addition, Lynne Poyant has been asked to write several articles by the National Review. Next year there will be a major conference of all communities that have won an All American City award. Funding for this meeting has come from the private sector and the annual travel budget.

• Both the Police and Public Works Departments are looking at purchasing hybrid vehicles. • Manager Klimm thanked Gail Nightingale from ZBA who has been his appointee as the hearings

officer for affordable housing hearings. • The new Osterville Bay Committee is overseeing bids that will be due August 1st. • A tourism grant was received recently. • The manager thanked Councilor Farnham for his input on a shooting range issue.

Councilor Tobey thanked the DPW for their work on landscaping at the Zion Union Heritage Museum. Councilor Munafo objects to the fullness of the summer schedule. He felt the third trip to the National Civic League conference in Florida, although fully vetted, was not given the publicity as the other two. He suggested better disclosure in the future. He also gave praise for the work on the 4th of July parade. Councilor Milne said residents could not see the fireworks. There was an alternate date that could have been used. He agrees councilors should know how the Appointments Committee votes and why. Minutes should be forwarded to all councilors. Councilor Curtis said she has never received a request from him for minutes. Meetings are open and posted and sent to the Town Clerk for filing. Milne would like a routine memo relative to the Appointments Committee. Councilor Milne made a motion that was not seconded relative to the council sending a letter of apology to each of the ZBA members. President Joakim suggested that an apology be considered by the Appointments Committee. Councilor Barton congratulated the Town Manager and staff for attending the National Civic League. She congratulated the Indian Ponds Association on their 50th Anniversary that was celebrated at their recent annual meeting, which she attended. Councilor Farnham explained that people who have issues at the shooting range should contact the PD not the DNR as previously believed. He has been receiving many comments on how spectacular the Hyannis downtown area has become. Councilor Canedy said it was important for the Manager to participate in National Civic League. The Assistant Town Manager and Council President should also attend when the issues are pertinent. Prior announcement to the council would be helpful. ORDERS OF THE DAY OLD BUSINESS 2008-131 APPROPRIATION & TRANSFER ORDER OF COMMUNITY PRESERVATION FUNDS FOR COMMUNITY HOUSING IMPROVEMENTS AT 770 INDEPENDENCE DRIVE, HYANNIS

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Upon a motion duly made and seconded this item was postponed to the meeting of August 21, 2008. VOTE: Unanimous 2008-159 GRANT ACCEPTANCE OF $75,000 FROM CAPE COD ECONOMIC DEVELOPMENT COUNCIL’S REGIONAL ECONOMIC DEVELOPMENT PILOT PROGRAM Upon a motion duly made and seconded it was RESOLVED that the Town Council does hereby accept the grant award in the amount of $75,000 from the Cape Cod Economic Development Council’s Regional Economic Development Pilot Program (REDPP). Manager Klimm gave the rationale. This is the third year of the funding for design consultants and an events coordinator. Special Projects Coordinator position, currently held by Elizabeth Dillon, is funded, in part, through these funds. VOTE: Unanimous 2008-160 APPROPRIATION ORDER FOR COMMUNITY PRSERVATION FUND FY09 DEBT SERVICE Upon a motion duly made and seconded it was voted to postpone the public hearing on Item 2008-160 to August 21, 2008 VOTE: Unanimous 2008-161 COMMUNITY PRESERVATION FUND RESERVE SET-ASIDES & APPROPRIATION FOR COMMUNITY PRESERVATION COMMITTEE ADMINISTRATIVE EXPENSES Upon a motion duly made and seconded it was voted postpone the public hearing on Item 2008-161 to August 21, 2008. VOTE: Unanimous 2008-162 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town Council appoint the following individual to a multiple-member board/committee/commission: PLANNING BOARD Paul R. Curley, 27 Lancaster Way, West Barnstable, as a member to a term expiring 06/30/2010 VOTE: Unanimous 2008-163 ADOPTION OF TOWN OF BARNSTABLE COMPREHENSIVE PLAN FOR 2008 Upon a motion duly made and seconded it was voted to open a public hearing on Item 2008-163 at 7:30 PM. VOTE: Unanimous Growth Management Director, Patty Daley, Planning Board Chairman, Marlene Weir, and Growth Management Assistant Director, Joanne Buntich, shared the presentation. Marlene Weir thanked the members of the LCP committee and the staff. This review was two years overdue. An implementation plan, an easily readable format, a budget tie-in and village participation for visioning are included in the 2008 Plan. Each committee member chaired a sub-committee. Hot button issues (exhibit C) were identified. The committee was committed to a transparent process. When each section was completed, it went on the website. Ms Weir feels this

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plan will be a watershed plan for the community and the peninsula, a tool of best practices in government. Patty Daley pointed out that village plans are an integral part of the overall plan. It was a goal to pull village visions together. Joanne Buntich gave a PowerPoint presentation. (See Exhibit D) The town creates the plan, the Cape Cod Commission reviews it, and finally, the plan is adopted by town. The plan has been sent to the Commission for an initial consistency review. They would like to have council comments before officially sending it to the Commission. Outreach and comment solicitation is continuing.

• Audrey Loughnane, chairman of the West Barnstable Local Comprehensive Plan Committee, said their committee has had approximately 50 meetings since 2003. They have six changes to the plan which are attached. Those changes were reviewed with Growth Management without objections. (See Exhibit E)

• Gabrielle Black requested that instead of Village ‘Vision’ the term Village ‘Plan’ be used. • Pat Butler said any developer must comply with the LCP as well as other standards. The

Health Care section is vitally important. Upon adoption, implementation of the plan means zoning changes, etc. This plan is much better than the current plan which is hard to read and understand exactly what it says. The definition section, etc. add clarity. Incentives for redevelopment are important.

• Councilor Canedy said that village plans are important and would like to see them as Section 8 rather than separate from the LCP. She asked if there was a reference to the Agricultural commission in the Land Use section. Ms Buntich said there was a reference to the Agricultural Commission but not certain of its location in the Plan. She also said that changes to the plan will be made all at once.

• Councilor Barry asked what credence will be given to village plans as regulatory requirements. Buntich said she was tasked with making it user friendly. Village plans will not be viewed as an appendix. One would look at the land use strategy and then what the village had to say. Both would be used with equal credence. Barry felt if village items were in conflict they would not be looked at as one plan. Buntich said area of affordable housing is where some village plans diverge. She is unsure whether the full import of the village’s desire might carry any weight. If the overall requirement is 10%, then it is 10% regardless of a village vision plan.

• Councilor Barton thanked them for including a human services portion. • Councilor Crocker wants village plans to be a part of the plan and be reviewed by the

Commission. If his village plan were not included, the breadth of the BA zone in Osterville will be overlooked. Actions in which the villages have been aggressive must be recognized by the LCP. Buntich said the implementation plan is realistic. It requires some valid and practical thought regarding which actions are accomplished when. The final action plan will have the action boxes completed.

• Councilor Munafo asked how the council will know what is in the plan when it is voted. The changes will be made in the form of a motion to insure the changes made are those authorized. Buntich added that any other changes would have to go back before council. Munafo also had concerns that issues in the village plans would be perceived as in conflict with the LCP – the village concepts vs. global concerns. Buntich believes all of the concepts from the villages have been incorporated except for those about housing because they do not meet the standard.

President Joakim asked councilors to forward amendments, etc. to Ms. Buntich. Upon a motion duly made and seconded it was voted to continue the public hearing to August 21, 2008. VOTE: Unanimous Prior to reading in the Item, Councilor Curtis announced that none of the names under ZBA Reappointments would be read in or voted this evening.

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Several address corrections were made. 2008-164 REAPPOINTMENTS – as amended and corrected Upon a motion duly made and seconded it was RESOLVED, that the Town Council reappoint the following individuals to a multiple-member board/committee/commission: AGRICULTURAL COMMISSION Mary Knoble, 40 Asa Meigs Rd, Marstons Mills 02648 to a term expiring 06/30/2011 AIRPORT COMMISSION Donald Megathlin, 71 St. Joseph Street, Hyannis, 02601 to a term expiring 06/30/2011 BARNSTABLE ECONOMIC DEVELOPMENT COMMISSION Lois R. Andre, 139 Woodside Road, West Barnstable, 02668; term expires 06/30/2011 Jeanine Marshall, 195 Willow Street, West Barnstable, 02668; term expires 06/30/2011 Christopher Kehoe, 78 Sylvan Drive, Hyannis, 02601; term expires 06/30/2011 BOARD OF ASSESSORS Jeremy Gilmore, 83 Dunaskin Road, Centerville, 02632; term expires 06/30/2011 BOARD OF HEALTH Paul Canniff, 106 Hayes Road, Centerville, 02632; term expires 06/30/2011 CABLE TV ADVISORY COMMITTEE Joseph Garodnick, 56 Wild Goose Way, Centerville, 02632; term expires 06/30/2011 COMMUNITY PRESERVATION COMMITTEE Terry Duenas, 690 Cedar St, West Barnstable, 02668; term expires 06/30/2011 Patrick Princi, (Planning Board representative) 29 Wayside Lane, West Barnstable, 02668; term expires 06/30/2011 CONSERVATION COMMISSION Lawrence Morin, 74 Studley Rd., Hyannis, 02601; term expires 06/30/2011 John Abodeely, 476 Baxters Neck Road, Marstons Mills, 02648; term expires 6/30/2011 COUNCIL ON AGING John Ross, 40 High Street, PO Box 452, West Barnstable, A 02668; term expires 06/30/2011 Ril Handrick Christin, 46 Bayberry Lane, Cummaquid, 02637; term expires 06/30/2011 Edward E. Perron, 85 Outpost Lane, Centerville, 02632; term expires0 6/30/2011 Haskell Kennedy, 59 Pontiac St, Hyannis, 02601; term expires 06/30/2011 DISIBILITY COMMISSION Jim Berks, 402 Prince Hinckley Road, Centerville, 02632; term expires 06/30/2011 Linda Cook, 82 Gleneagle Drive, Centerville, 02632; term expires 06/30/2011 GOLF COMMITTEE Terry Duenas, 690 Cedar St, West Barnstable, 02668; term expires 06/30/2011 HISTORICAL COMMISSION Jessica Rapp Grassetti, 1611 Main St, Cotuit, 02635; term expires 06/30/2011 Barbara Flinn, 104 Pine Avenue, Hyannis, 02601; term expires 06/30/2011 Nancy Shoemaker, 21 Meadow Lane, W. Barnstable; A 02668, term expires 06/30/2011

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HOUSING COMMITTEE Larry Gordon, 97 Loomis Lane, Centerville, 02632; term expires 06/30/2011 Paul Hebert, (BHA representative) 142 Strawberry Hill Rd, Centerville 02632 term expires 06/30/2011 Michael Schulz, 81 Meadow Lark Lane, Osterville; 02655 term expires 06/30/2011 HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION David Dumont, 298 Main St, STE 7, Hyannis, 02601; term expires 06/30/2011 Joseph Dunn, 30 Chestnut St, Hyannis, 02601; term expires 06/30/2011 Barbara Flinn, (Historical Commission rep) 104 Pine Avenue, Hyannis, 02601; term expires 06/30/2011 LICENSING AUTHORITY Richard L. Boy, 50 Sterling Road, Hyannis, 02601 as an alternate member; term expires 06/30/2011 Martin Hoxie, 367 Nottingham Drive, Centerville, 02632; term expires 06/30/2011 MID CAPE REGIONAL CULTURAL COUNCIL Patricia Austin, 82 Woodland Avenue, Hyannis, 02601; term expires 06/30/2011 PLANNING BOARD Raymond B. Lang, 4 Jason's Lane, Osterville, 02655; term expires 06/30/2011 PUBLIC WORKS COMMISSION Paul J. Canniff, 106 Hayes Road, Centerville, 02632; term expires 06/30/2011 RECREATION COMMISSION Rene King, 192 Zeno Crocker Rd, Centerville, 02632; term expires 06/30/2011 Clyde Takala, 31 Cherry Tree Rd, Cotuit, 02632; term expires 06/30/2011 REGISTRAR OF VOTERS John Sheehan, 100 Marston Lane, Cummaquid, 02675; term expires 06/30/2011 SANDY NECK BOARD Nason F. King, 523 Whistleberry Drive, Marstons Mills, 02648; term expires 06/30/2011 Peter Sampou, (ConCom rep) 111 Cedar St, West Barnstable, 02668; term expires 06/30/2011

SCHOLARSHIP COMMITTEE Janice Cliggott, 6 Tidal Lane, Hyannis, 02601; term expires 06/30/2011 SHELLFISH COMMITTEE Matthew Ostrowski, (commercial permit) 91 Old Toll Road, W. Barnstable, 02601; term expires 06/30/2011 Andre P. Sampou, (family permit) 375 Cedar St, W. Barnstable, 02668; term expires 06/30/2011 TRUST FUND ADVISORY BOARD Frances S. Parks, 1441 Old Post Road, Marstons Mills, 02648; term expires 06/30/2011 Jayne Scanlon, 160 South Main St, Osterville, MA, 02655; term expires 06/30/2011 WATER QUALITY COMMITTEE Robert B. Wood, 216 Church Street, W. Barnstable, MA 02668; term expires 06/30/2011 WATERWAYS COMMITTEE Steven Swain, 414 Phinney’s Lane, Centerville, MA 02632; term expiring 06/30/2011 On the Item without ZBA members and with address corrections. VOTE: Unanimous (President Joakim was not present)

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B. NEW BUSINESS 2009-001 GIFT ACCEPTANCE UP TO $2,500 FOR JUVENILE OYSTERS FROM THREE BAYS PRESERVATION, INC. Upon a motion duly made and seconded it was RESOLVED AND ORDERED: That the Town Council hereby accept a gift of payment from Three Bays Preservation Inc. for approximately 50,000 oyster seed not to exceed $2,500. Three Bays Preservation Inc. wishes to contribute to the public oyster enhancement / propagation projects in the Three Bays as administered by the Natural Resources Program. Town Manager Klimm gave the rationale. VOTE: Unanimous 2009-002 TRANSFER ORDER FROM CONSERVATION DIVISION, GROUNDS LINE ITEM TO OVERTIME Upon a motion duly made and seconded it was ORDERED: That the sum of $2,300 be transferred from the Conservation Division, Grounds line item into the Division Overtime account to provide for the July 1- Sept.1 locking/unlocking of the entry gate at the Crocker Neck conservation area in Cotuit. Manager Klimm gave the rationale. Councilor Chirigotis asked about the time of opening and closing. Thomas Geiler, Director of Regulatory Services said passage of this item will allow opening at 8 AM and closing at sundown. VOTE: Unanimous (Councilor Rugo was not present) 2009-003 REAPPOINTMENTS Upon a motion duly made and seconded it was voted to refer this item to a second reading on August 21, 2008 VOTE: Unanimous (Councilor Rugo was not present) 2009-004 APPOINTMENTS Upon a motion duly made and seconded it was voted to postpone the first reading of this item to August 21, 2008 VOTE: Unanimous (Councilors Rugo and Barry were not present) 2009-005 ORDER AUTHORIZING REGULATIORY AGREEMENT BETWEEN TOWN AND ALAN GRANBY & ALICE HYLAND Attorney John Kenney, representing the petitioners, submitted substitute text for Item 2009-005. Att’y. Kenney gave the rationale. He further described the site and showed the plans. Mr. Cook, project architect, discussed the building styles – coastal New England architecture. Kenny pointed out that this is 50% workforce housing which is double the required percentage. There is always concern about making sure affordable units are throughout the community, but market rate units should also be dispersed throughout the town, Mr. Mattson, project engineer, reviewed the site. Ray Lang, Planning Board, has not favored this from the first. He feels the project is too dense for the area. The dumpster requires a variance. He voted against it; there was not a unanimous vote on

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it from Planning Board. He suggested the council take it under advisement to see if the density can be reduced to make it more presentable. David Munsell, Planning Board, said the majority of the board agreed with this project. The density is great but compared to elsewhere it is not dense. Attorney Kenney felt it was inappropriate for a Planning Board member to comment since he had his opportunity at the Planning Board meeting. Kenney reviewed the zoning relief that is requested, explaining what the setback is currently and why it is needed. Councilor Canedy said Mr. Lang was entitled, as a citizen and Planning Board member, to speak. She cannot vote on a new document tonight. Kenney expected the vote to occur another night. Councilor Curtis wants to hear about what has been or will be done to insure the existing building, designated as workforce, has met code and will continue to do so. The Housing Committee had concerns about the condition of the buildings and what the owners were prepared to repair. Kenney hired inspectors to review the structure and appliances. His clients will repair anything that is below average or below a “c” inspection rating. Since this is not a Chapter 40B, you can differentiate between workforce and market rate housing. Mr. Kenney said the building will be maintained to keep the character of the street. Landscaping will be done throughout the property as a unit. Rental units might also be sold down the road. Councilor Rugo agrees with the concerns of others, including the density. The workforce portion will have deed restrictions and monitoring. Councilor Crocker asked about the curb cut and landscaping. Kenney explained that the developer must make the land nice looking because the newer unit will be behind the older ones. This project will raise the bar from the perceived valuation of properties in that area of Hyannis. In addition it provides a mixture of housing. Upon a motion duly made and seconded it was voted to continue Item 2009-005 to August 21, 2008. VOTE: Unanimous 2009-006 ORDER AUTHORIZING REGULATORY AGREEMENT BETWEEN TOWN AND ADAM WEINER, TRUSTEE, GUARANTEED FRESH PRODUCE Attorney David Lawler, representing the petitioner, gave the rationale and distributed photos of the site. (See Exhibit F) Att’y. Lawler explained that important relief for this project is allowing a return to a former use, not currently allowed in the district. Prior to the current business, the site housed the Bedford Fruit Co. This is for a fruit and produce company. The current business is a pool company with stores of chemicals. The change of use is for the wholesale and retail components. A retail store will be open from 10 AM to 3 PM. Residents will be able to buy at better prices. Mitigation is on-site. The business owners will revamp the façade, remove the ramp, landscape, etc. It makes sense and is a win-win for the town and citizens. Wholesale trucks will be gone by 7 AM. Upon a motion duly made and seconded it was ORDERED: That the Town Manager is authorized pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable, to enter into and execute a Regulatory Agreement between the Town of Barnstable and Adam Weiner, for the property shown on Barnstable Assessor’s Map 343 Parcel 003, and located within the MS zoning district and the Downtown Hyannis Growth Incentive Zone, including zoning relief as follows: Permitted Use: Relief is granted to continue but reduce the scope of the existing specialty retail and expand the use to include wholesale and storage operations of Guaranteed Fresh Produce in the Medical Services (MS) District as described on the approved plans and within this agreement.

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Building setbacks: Relief is granted from Section 240.24.1.4.C (1) b, Setbacks and permission is granted to continue existing non-conforming building setbacks insofar as it is required to redevelop the site as shown on the approved Existing Conditions Plan Sheet C-3 and the Layout and Materials Plan Sheet C-4. Parking: Relief is granted from Section 240.24.1.10.A.4.a, c, d, and e and permission is granted for the construction of the number, length and location of parking spaces insofar as it is required to redevelop the site as shown on the approved plans. Street Trees: Relief is granted from Section 240.24.1.10.A (5) (f) to allow the street trees to be planted according to the approved landscape plan and as required herein. Natural State/Impervious Coverage: Relief is granted from Section 240.1.4.C insofar as it is required to redevelop the site according to the approved plan and as required herein. The Town Manager shall execute the Regulatory Agreement on behalf of the Town within seven (7) days of the Town Council vote authorizing the execution of the Regulatory Agreement in accordance with Section 168 of the Code. VOTE: Unanimous (Roll Call) 2009-007 ORDER AUTHORIZING AN AMENDED & RESTATED RESTRICTION – BEALE WAY/HINKLEY Upon a motion duly made and seconded this item was referred to a second reading on August 21, 2008. VOTE: 11 Yes (Munafo no, Tinsley out of room) 2009-008 AMENDMENT TO ZONING ORDINANCE, ARTICLE III DISTRICT REGULATIONS, S240-39 SHOPPING CENTER REDEVELOPMENT OVERLAY DISTRICT Upon a motion duly made and seconded it was voted to refer Item 2009-008 to a public hearing on August 21, 2008. VOTE: 12 Yes, 1 No (Munafo) 2009-009 GIFT ACCEPTANCE OF SOLAR LIGHTING SYSTEM FROM MASSACHUSETTS TECHNOLOGY COLLABORATIVE Upon a motion duly made and seconded it was ORDERED: That the Town of Barnstable hereby accepts a gift of a solar lighting system from the Massachusetts Technology Collaborative to illuminate the flagpole at the Barnstable Senior Center. Manager Klimm gave the rationale. VOTE: Unanimous 2009-010 APPROPRIATION AND LOAN ORDER BARNSTABLE HARBOR DREDGE PROJECT Upon a motion duly made and seconded Item 2009-010 was referred to a public hearing on August 21, 2008. VOTE: 11 Yes, 2 No 2009-011 RESOLVE GIFT ACCEPTANCE FROM FRIENDS OF THE BARSTABLE COUNCIL ON AGING Upon a motion duly made and seconded it was

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RESOLVED: That the Town of Barnstable hereby accepts a gift of a Wii Video Game system and related accessories from the Friends of the Barnstable Council on Aging. Town Manager Klimm gave the rationale. Councilor Farnham asked if this was a new form of adult entertainment. Senior Center Director Madeline Taylor said the seniors like the bowling. VOTE: Unanimous 2009-012 GRANT ACCEPTANCE FROM IBM CORPORATION Upon a motion duly made and seconded it was RESOLVED: That the Town of Barnstable hereby accepts a grant in the amount of $1,000 for the purchase of computer equipment and authorize the expenditure of monies for that purpose. Manger Klimm gave the rationale. VOTE: Unanimous 2009-013 AMENDMENT TO GENERAL ORDINANCES ADOPTING PROCEDURES FOR ABSENTEE MEMBERS OF BOARDS AT ADJUDICATORY HEARINGS Upon a motion duly made and seconded Item 2009-013 was referred to a public hearing on August 21, 2008. VOTE: 12 Yes, 1 No (Munafo) 2009-014 APPROPRIATION AND TRANSFER ORDER COMMUNITY PRESERVATION FUND $108,000 Upon a motion duly made and seconded Item 2009-014 was referred to a public hearing on August 21, 2008. VOTE: 12 Yes, 1 No (Munafo) SUBSTITUTE TEXT 2009-015 APPROPRIATION AND TRANSFER ORDER FOR PROJECT COORDINATOR - BARNSTABLE COASTAL RESOURCES MANAGEMENT COMMITTEE ORDERED, that the Town Council hereby appropriate the sum of $40,620 to fund a one-year, half time, Special Projects Coordinator staff position to support the Barnstable Coastal Resources Management Committee, and to fund that appropriation, that $40,620 be transferred from available funds. Upon a motion duly made and seconded, Item 2009-015 was referred to a public hearing on August 21, 2008. VOTE: 12 Yes, 1 No (Munafo) LATE FILE 2009-016 ADMINISTRATIVE CODE AMENDMENT PROVIDING INTERIM APPOINTMENT TO REGULATORY BOARDS Upon a motion duly made and seconded this item was referred to a second reading on August 21, 2008. VOTE: 11 Yes, 2 No

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Upon a motion duly made and seconded the council voted to go into executive session for the purpose of discussing land acquisition and related negotiations and not return to open session at 9:48 PM. VOTE: Unanimous (Roll Call) Respectfully submitted, Lucia Fulco Assistant Town Clerk

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September 4, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on September 4, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis (7:35 p.m.) James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne (7:12 p.m.), James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. ABSENT: Harold Tobey The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. President Joakim noted that items 2008-131, 2009-014 and 2009-023 will be postponed. PUBLIC COMMENT: Jon Julius wanted to know if the Osterville councilor is related to one of the developers involved in an item the council will be addressing and is he going to recuse himself. As far as he is concerned it is gifted money to the developer. Do you understand the ramifications of 40 more affordable units in the town? There are 34 condos and 29 single family homes for sale and they are affordable. You are gifting a developer. Look and vote no because of the financial constraints on all taxpayers. Alan Burt thanked the councilors for their service. He has been troubled with the cruel comments toward the President. You should be thanked instead of having the ragtime negativity. Al Baker asked about going back to the 3 minute rule of public comment. When people have to come a distance they should be able to have 3 minutes. (Pres. Joakim noted that due to the short agenda, he would have 3 minutes). Baker felt that any petition should be correct in every way possible before it goes out to the voters. I would like to believe that it is correct when it comes to me. I think a lot of things have changed – we need to get back to the basics in the town. COUNCILOR RESPONSE Councilor Crocker stated that he had abstained from every vote on the issue Mr. Julius brought forward. He did have a second cousin that had an interest in the property, but he no longer does; however, Councilor Crocker still steps away from it. Councilor Barton said we need all the affordable housing we can get in this town. Councilor Milne wanted to clarify that there is a legal distinction between abstention and recusal and asked Councilor Crocker if he would state whether he recused himself or abstained. Councilor Crocker said he recused himself on all the votes, except the last vote to postpone, which came up quickly, and he abstained on that one.

A

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BUDGET UPDATE – Town Manager, John Klimm, Asst. Manager Tom Lynch and Financial Director, Mark Milne See Budget Preview appended to these minutes. Manager Klimm said that while we continue to face challenges we have time to set forth a budget strategy that is sound. The preview included: the budget calendar; the budget policy statement, the strategic plan (these are the current ones for the FY09 year); budget analysis, general fund budget chart, (largest percentage goes to schools, police and DPW); and lastly an analysis of the bond rating. There was a question on the AAA status – we still have a AAA rating. Klimm outlined the strengths: Sound residential property tax base Good income levels Strong financial position and fiscal management Moderate debt burden and moderate future capital needs. Klimm stated that we have concerns for FY10, but we need to make tough decisions and reduce services. The bond companies will not look at this as a bad thing in the bond rating. If we have to make cuts to service levels, those will not be compared. The Town Council will have to provide us with guidance. He recommended: that the council review, modify or amend the strategic plan by Sept. 25; review and amend the budget policy; have the council/school sub-committee work with the school committee to develop a budget strategy. He also recommended that the council ask the CFAC to help on an analysis of the FY10 budget. We want a budget that is structurally sound with no override. Pres. Joakim stated that the council would be having an additional meeting on Sept. 25 for CPC items and they could also include reviewing the various policies and plans. President Joakim will also send a letter to CFAC on this as well. Councilor Barry liked the fact that the council and manager will be working with the school committee. He noted that the teachers’ contracts are coming due. He said that some really good teachers have lost their jobs, while traditionally we have been giving 2, 2.5 increases etc. He hopes that in contract negotiations everyone takes into consideration that we have a deficit and we can’t sustain the increases. Some lose their jobs so others can get more money. We need to tighten our belts. We can’t afford to pay more money. We need the quality service. What we care about is the Town of Barnstable. Councilor Munafo said people forget that many employees also get a COLA of 3% on top of the 2 % so it is more like 5% increases. We have to look for appropriate ways of keeping services and a good bond rating. Councilor Barton asked where the teachers’ union stands on the cost of living etc. Jeff Morassi, president of the Barnstable Teachers Association, noted that the teachers do

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not get a COLA. He did say that step increases are given. However, that depends upon whether you are maxed out on your years of service. Councilor Crocker stated that contract negotiations are not black and white. Often times they offer things in one category in exchange for something else, but we are not in a position to get involved. Barnstable still has AAA rating. Manager Klimm said that our contracts are not open. He also said that if the council wishes to discuss such issues, the school management should be given notification. The School Superintendent and the School Committee are looking hard at the costs. Councilor Rugo stated that this is not the proper time to discuss contracts without the Superintendent present. Morassi noted that many teachers, who are maxed out on their steps are making less each year due to rising insurance costs. Councilor Canedy commended the Manager and Council President on sending the rating information out ASAP. You have asked the school sub committee to have a strategic plan - Klimm said he can’t speak on where the school committee is on planning, but we need to work together and maybe the subcommittee could do some groundwork to outline the challenges. Canedy said we need to apply for grants and look for other opportunities. Councilor Milne thanked the Manager as well; he agrees with avoiding an override. He is on the subcommittee and looks forward to meeting. Potentially can we look at privatizing parts of the Town of Barnstable? Maybe privatizing legal, since we are spending money on outside council maybe we can explore this. Also maybe we need to give up village-based facilities. Maybe we need to hand it over to the fire districts…such as the libraries. We need to boldly look at some of these things. Discussion ended at 7:48 p.m. ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of August 21, 2008, with the following correction from Councilor Munafo, on page 2, 4th paragraph from the bottom, insert “has visited the Senior Center and the problem is real.” VOTE: Unanimous in favor as amended COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Munafo asked Mark Ells about road work, guard rails on Smith St., and issues on air conditioning at Senior Center (he said there was excellent communication on this last issue).

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Mark Ells, DPW Director, stated that there would be a press release regarding construction on Pitchers Way, (drainage work, grinding and repaving of the road) which will take from the fall to spring to complete. The guard rail on Smith Street is still under review by Highway. On such cases, we work to see if there is an insured party responsible for the damage. Ells agreed that there was good communication on the Senior Center. The systems do function, at times they may not be used to the optimum level, but we will continue to monitor, and bring in those that initially set it up to review it again. Councilor Canedy asked about the Millway Bridge. Ells said they were aware of the cracking and as a precaution, the state was asked to come down and do an inspection. He believed they came to look at the bridge this week. He will bring the report to the manager/council. Councilor Barry asked about the work on School Street, Cotuit. Ells said it is designed and a bid package has been prepared. Some work may occur this fall and further work in the spring. Councilor Barry announced that there will be a waste water management conference at the Waquoit Reserve. We are not eligible for funds so we need to get a plan going. We hope to have a sit down workshop in October and I would encourage this to happen. There are other towns that are way ahead – so we need to get there. Ells said that Mark Milne is one of the speakers at that seminar. Ells also said we have a plan completed and we have put in a form for funds; what we don’t have completed is the nutrient management plan. We have to look at all the pieces on this and go forward with a comprehensive plan. We have 5 embayments, and it takes time to move through that. We are ready to move forward. Ells added that there are many issues on the Massachusetts estuary projects – they have worked out some. He plans to do some updates and would like a workshop in the future. Councilor Rugo said we might want to have this particular type of budgeting included in our strategic plan; we don’t want to lose the funding. Councilor Milne asked Ells about his participation on the water protection collaborative. Ells said our embayments do not have political boundaries so that we will have to work with the adjacent communities. In the collaborative we deal with education, work with the communities on comprehensive plans, and the financing aspects. We have to look at larger Federal earmarks. We have to make sure that everyone is doing their part. Councilor Milne announced the upcoming Selectmen-Councilors’ Association meeting. Councilor Curtis stated that we have several openings on some committees and will be updating the list on the website. Currently, there are 3 openings on CFAC, 2 out of 5 for the Golf Committee, 3 openings on the housing committee, and 3 openings on the water quality committee. Councilor Crocker thanked the Town Manager for his efforts watching Dowses Beach, and his help with the terns and the seaweed. We lost about 1/3 of the beach for use. COMM got a boost to a AAA rating as well. They went out to bid for the Osterville Fire

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Station with a very low rate. COMM and Hyannis deliver the same water. COMM has spent a lot of money recently for various improvements ($2.6 M) it takes a lot of money to run a good water company. We have to put money back into Hyannis – we have to spend money on this. ORDERS OF THE DAY OLD BUSINESS 2008-131 COMMUNITY PRESERVATION FUND APPROPRIATION FOR COMMUNITY HOUSING IMPROVEMENTS INTRO: 05/01/08, 05/15/08, 06/19/08, 07/17/08, 08/21/08, 09/04/08 Councilor Crocker recused himself from voting on this item. President Joakim called for a vote to postpone this item to Oct. 2, 2008, noting that the item may come back amended. Councilor Canedy made a motion, which was seconded to table this item. VOTE: 3 Yes (Milne, Farnham, and Canedy) 8 No Upon motion duly made and seconded, it was voted to postpone this item to Oct. 2, 2008. VOTE: 8 Yes 3 No (Milne, Farnham and Canedy) 2009-013 TO SEE IF THE TOWN COUNCIL WILL ACCEPT G.L. C.39, §23D AND AMEND THE GENERAL ORDINANCE TO ADOPT PROCEDURES FOR ABSENTEE MEMBERS OF BOARDS AT ADJUDICATORY HEARINGS INTRO: 07/17/08, 08/21/08, 09/04/08 Upon motion duly made and seconded, it was voted to amend the item: at the end of Section 37-8, paragraph (3) strike the period and add the following: “and (4) provided that no other member of the same board, committee or commission sitting on the same matter has invoked this provision.” Councilor Munafo gave the rationale Town Attorney Ruth Weil said this is a legally tenable amendment. She does not anticipate multiple members missing at multiple meetings. Councilor Rugo said if it is a problem, then we can get rid of it. Councilor Barry said if a popular person passes away and two other members want to go to the funeral, maybe we need to state that no more than 2 people instead of the 1 person. Munafo said we have never had this before and he feels it puts a proper perspective on this. Upon motion duly made and seconded, it was voted to move the question. VOTE: 11 Yes, 1 (Milne) No

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VOTE ON THE AMENDMENT: 10 Yes, 2 No on the amendment (Farnham and Rugo) Upon motion duly made and seconded it was: ORDERED, that: SECTION 1: Section 23D of chapter 39 of the general laws is hereby accepted. SECTION 2: Chapter 37 of the General Ordinance is hereby amended by inserting the following after Section 37-7: §37-8. Absentee Members of certain Boards, Committees and Commissions In accordance with Massachusetts General Laws Chapter 39, section 23D, an absentee voting member of any of the boards, committees and commissions of the town of Barnstable holding an adjudicatory hearing shall not be disqualified from voting solely on the basis of missing a single session so long as the following criteria are met: (1) the absentee voting member shall be absent from no more than a single session of the hearing at which testimony or other evidence is received; (2) prior to voting, the absentee member shall certify in writing that he has examined all evidence received at the missed session, and watched the video recording of the missed session, or, if no video recording is available, then has listened to the audio tape or reviewed a verbatim transcript of the missed session; and (3) the absentee member shall certify in writing which evidence was reviewed, and the written certification shall be made part of the record, and shall be filed with the Town Clerk and (4) provided that no other member of the same board, committee or commission sitting on the same matter has invoked this provision. VOTE: Roll Call 12 YES THE FOLLOWING IS A COPY OF THE MULLIN RULE AS WRITTEN IN MGL

M.G.L.A. 39 § 23D

§ 23D. Adjudicatory hearings; attendance by municipal board, committee and commission members; voting disqualification

(a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate, or otherwise supersede applicable quorum requirements. (b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.

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2009-014 COMMUNITY PRESERVATION FUND APPROPRIATION & TRANSFER IN THE AMOUNT OF $108,000 FOR COMMUNITY HOUSING INTRO: 07/17/08, 08/21/08, 09/04/08 Upon motion duly made and seconded it was voted to postpone this item until October 2, 2008. VOTE: Unanimous in favor 2009-016 - AN ORDER AMENDING THE ADMINISTRATIVE CODE TO PROVIDE FOR INTERIM APPOINTMENTS ON REGULATORY BOARDS/COMMITTEES/COMMISSIONS INTRO: 07/17/08, 08/21/08, 9/04/08 Councilor Chirigotis said that it could be possible for interim appointments to be made for emergency purposes. Councilor Crocker said that President Joakim and legal did a good job in their work and help on the recent appointments. It looks like a balanced board (ZBA). We have great people. This is the reaction to an extreme action. We did our work and resolved our own problems. We had to make difficult decisions. I am proud of all of us. I am not going to support this – this is not necessary. Councilor Chirigotis said that recent experience shows when they turn out in great numbers and are great candidates it is a great thing. But, we can’t guarantee that in all instances. The hard work was to sift through and come up with a consensus on who we would appoint. We were lucky. We don’t serve here because this is fun, added Councilor Crocker. These people came forward – this works when it is supposed to work – you, Fred, ran the committee and it worked. Councilor Milne agrees with Councilor Crocker. Let’s never have a mass resignation again. Let’s have all branches take a look at what caused this and think of ways to solve the problems. Councilor Chirigotis asked him to stick to the point. Councilor Farnham respected Councilor Crocker’s opinion; but the 5 members who sponsored this did it as a proactive measure. Should it happen again, the boards would be able to continue functioning. Please allow it to be a tool in our quiver. The sponsors feel it is important to keep the town’s business moving forward. Councilor Munafo said there is an expectation of a travesty or disaster in our future, so we are creating a convenience in government. If it did happen, we could amend at that time to allow us to do it. Councilor Rugo reminded the council that this happened in August. We had applicants who were waiting for decisions and were fortunate that they cooperated with the town.

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Councilor Barry said that Councilor Rugo stated it correctly. We were discussing that we needed to be able to get someone in to do the job. We should be looking at and anticipating a disaster – if it does happen, we will have the tool. Councilor Curtis concurred with Barry and Rugo. We need to protect the Town of Barnstable. There could be a time when a board doesn’t meet its quota, and this is to protect the public and the town, please support. Councilor Canedy did not know if it remedies the situation. If there was a mass resignation, there would have to be a continuum of members. Attorney Weil said there was only one case that had to start over. Councilor Crocker told the councilors to think if this was in place a year ago – what board would we be looking at now? Upon motion duly made and seconded it was ORDERED, that Section 241-8(C) of the Town of Barnstable Administrative Code be hereby amended by adding the following at the end of the second sentence: “…except when vacancies occur involving a majority of the members of a multiple member board which conducts adjudicatory hearings, the Town Council may make interim appointments for a period not to exceed six months while permanent members are sought to fill the remainder of the term.” Section 241-8 (C) to read after amendment as follows. “C. Term of office. The terms of office of multiple-member boards are arranged so that 1/3 of the terms, as nearly as is possible, shall expire each year. A vacancy shall be filled by the Town Council for the remainder of the term, except when vacancies occur involving a majority of the members of a multiple member board which conducts adjudicatory hearings, the Town Council may make interim appointments for a period not to exceed six months while permanent members are sought to fill the remainder of the term. Length of office is three years, except as noted. Appointments are effective the first of July, and expire the 30th of June. Numbers of members for boards will vary. The Town Council shall annually evaluate all members subject to reappointment. Members may be removed for cause, subject to an investigation and hearing by the Town Council, pursuant to the Charter, Section 2-10”. VOTE: Roll Call 8 Yes 4 no (Canedy, Crocker, Milne, Munafo) 2009-018 REAPPOINTMENTS – INTRO: 08/21/08, 09/04/08 Upon motion duly made and seconded, it was RESOLVED, that the Town reappoint the following individuals to a multiple-member board/committee/commission: AGRICULTURAL COMMISSION J. Timothy Friary, 241 Commerce Rd, Barnstable; to a term expiring 06/30/2011 COMMUNITY PRESERVATION COMMITTEE Lindsey Counsell, 1183 Old Stage Rd, Centerville; to a term expiring 06/30/2011 VOTE: 12 yes

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2009-022 TRANSFER AND APPROPRIATE $220,000 OF UNEXPENDED BOND PROCEEDS FOR THE RE-CONSTRUCTION OF THE WEST BAY BULKHEAD – INTRO: 08/21/08 The Town Manager gave the rationale as presented in the agenda. He hopes to get the work underway before next summer. This is one of the few areas of public access that has been closed off. We have tried to be creative in the funding sources. Councilor Farnham thanked him for the Sandy Neck sidewalks and asked when they will be done. Director Ells said that the work is being done in conjunction with the other efforts out there. He can get a timetable; but the sidewalk is tied into the parking lot project. Farnham asked if there are other bulkhead issues. Ells said the Hyannis bulkhead, the Gary Brown boat ramp, and Pleasant Street; beyond those he is not aware of any others. This one is (West Bay) unsafe. Councilor Munafo asked what is the useful life of such a repair?. Ells said it depends upon materials; hopefully, 30 or more years. Munafo asked if there is anything else we can do to extend the life more. Ells said you have to put in a solid asset and then maintain it. The maintenance is built in and we will make sure that it doesn’t prematurely deteriorate. Councilor Tinsley asked about the Stevens St. sidewalk. Ells said it is tied in with the Youth Center project, when we complete that it will be done. Councilor Canedy asked about the financial issue regarding Barnstable Harbor and when it will be addressed. Ells said he will report shortly. Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby votes to discontinue the sidewalk projects appropriated originally under council order numbers 2003-085 and 2007-094 and approves the transfer of $130,000 from 2003-085 and $90,000 from 2007-094 for the purpose of re-constructing the West Bay bulkhead. VOTE: 12 Yes Roll Call B. NEW BUSINESS 2009-023 APPOINTMENTS – 09/04/08 Upon motion duly made and seconded it was voted to postpone this item. VOTE: 12 yes 2009-026 - APPOINTMENT Late file Upon motion duly made and seconded it was voted to accept the late file and suspend the rules to allow the council to vote on said item. VOTE: Unanimous in favor

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Councilor Curtis stated that this is an extraordinary young woman. She is a sophomore at BHS; is involved in sports, is the vice president of her class, is on the honor roll, loves math and human anatomy, and wants to be a physician. Our Governor appointed her to the State-Wide Youth Council. Lauren is a candidate to replace a recent graduate. Upon motion duly made and seconded it was RESOLVED: That the Town appoint the following individual to a multiple-member board/committee/commission: Barnstable Youth Commission Lauren Logan, 136 Whitmar Rd., Cotuit, to a term expiring 06/30/2011. VOTE: 12 yes Councilor Crocker asked if we could ask Attorney Weil about the current petition. Attorney Weil stated that under 8-8 of the charter there is a recall petition, the registrar has reviewed the petitions as well as the Town Clerk. The Town Council upon receipt of the certification sends a notice of the receipt of the certificate to the person being recalled. She recommended that the Town Council administrator do that function. On Sept. 18th the Town Council will set the election which must fall 45 – 60 days from the certification of the Town Clerk. Weil suggested that the council just have the administrator send out the notice. ADJOURNMENT Upon motion duly made and seconded, it was voted to adjourn at: 8:52 p.m. ADJOURNED. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

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September 18, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on September 18, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., Harold Tobey ABSENT: Richard Barry, J. Gregory Milne The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. PROCLAMATION - National Friends of Libraries Week Terry Goldstein joined President Joakim recognizing the libraries in our community, as part of the National Friends of Libraries Week, Oct. 19 – 25, 2008. Ms. Goldstein does appreciate the help from the council and the community, but noted they do have to raise monies as well. PUBLIC COMMENT (May be limited to 2 minutes) Mary Clements had some questions on the recall. She stated that she had been removed from the podium on two occasions in the spring. She also referred to an article In the Sunday Cape Cod Times, where President Joakim was interviewed. Why did you think the bloggers speaking against you are less than respectful? Diane Fay from Cotuit noted that she had spoken in April at a meeting on the fact that she would like to see a strong mayor form of government. She received shortly after an email from a councilor, stating she should speak to the councilor before speaking out. She had another opinion which she aired at the Town meeting and after received another email. Today she received another email that came from the councilor. She said that this type of harassment is to cease and desist, or she will take legal action. Skip Simpson from the Hyannis Area Chamber of Commerce said they do not feel she (President Joakim) should be recalled. John Alden said the charter commission hopes that a restructure might help this community. There is a lot of negative energy in town. Stan Goldstein spoke to the budget process and is against using reserves for fixing the budget. We should cut services and not dip into reserves. Reserves are for emergencies. COUNCIL RESPONSE TO PUBLIC COMMENT

A

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Councilor Farnham agreed with Mr. Goldstein. He did not know who the councilor is who is alleged to have sent emails to Ms. Fay. Fay responded that it was not a man. ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of the September 4, 2008 meeting with the following correction: Councilor Canedy asked that for clarity on page 8, 3rd paragraph, 2nd sentence, add “to hear ongoing agenda items.” VOTE: 11 Yes as amended President Joakim noted that they would be taking things out of order and leaving the Comprehensive Plan to the end of the meeting. ORDERS OF THE DAY 2009-021 AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY AGREEMENT BETWEEN THE TOWN OF BARNSTABLE AND RUTH M. RUSHER TRUST INTRO: 08/21/08, 09/18/08 Michael Ford, Attorney for the Estate of Ruth Rusher, and its property on Ocean Street, said that Ruth created a trust, and that the Cape Cod Foundation was given the property for the use as a hostel. We need zoning relief in order to go forward. We applied for a Regulatory Agreement, they negotiated with the planning board. A small addition of 950’ will be added to one building, otherwise there will be little change. The operation will be subject to an annual license, with this license the agreement could be reviewed. They can have up to 46 beds, 3 for staff. They will deal with the state sanitary codes as well. No one can stay more than 14 days because it is for seasonal, transient use. It will be open April – November and no smoking or drinking will be allowed. He cited a number of other improvements. There have been a series of public hearings on this issue. Ken Komenda, who is an abutter, noted that he did not receive any notice on this. He owns the Cape Cod Harborhouse Inn (a condo site adjacent to the property). They have put a lot of money in it. They were protected by zoning. They would not have put in that money if they had known a hostel was going next door. You are the guardians of the community – do not allow this to go through. He contacted other hostel abutters, and they said hostels are good neighbors, but they are noisy. Skip Simpson said the Hyannis Area Chamber of Commerce is opposed to it. They support the concepts but not at this location. It is inconsistent with the plan for this area, with no economic benefit to the community either. Patty Daley asked the council to look at item #7 of the agreement and change the dates to read November 16 – April 14. Upon motion duly made and seconded it was moved to change the dates in item #7 to read November 16 – April 14. Said item will read as follows:

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7. The Hostel shall operate on a seasonal basis and shall not receive visitors between November 16th through April 14th of each year, but may be open at its option seven (7) days a week from April 15th through November 15th in any one year. VOTE: Unanimous Ford noted that the hostel in Eastham is operating and the neighbors are not against it. Our hostel is in the middle range of size of hostels in the area. We ask for support. Councilor Curtis asked if this were not to be used as a hostel, is there another plan. Attorney Martha Ramsay said Ruth Rusher was her client. The use as a hostel must not be possible in order for something else to be done with it. The Cape Cod Foundation will have a presence in the management of the assets. Councilor Crocker asked if it would be liquidated if it not used as a hostel. Ramsay said it would be the Foundation that would make the decision. We did not realize that a hostel would not be a permitted use. There is very little law that directly affects hostels. Councilor Canedy asked if the operator or developer wants to terminate the contract, do the terms follow the subsequent owner/operator. Ramsay said it would require approval by the Town Manager to change. Canedy said it is an accelerated use of the house is there any anticipated negative impact to the sewer system. Allison Aliessi, the architect said they will meet with the health department. It was not an issue with them after the initial site plan. Atty. Ford said wastewater was never raised during site plan review. It will be up to the Board of Health to decide how many beds will go there. Canedy asked if there is any effort to buffer the adjacent building – the hostel hopes to keep plantings. Canedy asked if there could be a site and noise buffer. Councilor Farnham asked about the parking space numbers. He said hostels are good, but is this the most appropriate location. Years ago they wanted to put a hotel on the opposite corner – the town then acquired the property. He likes the idea but does not like it at that location. Atty. Ford said the parking is for 13 spaces and there are 3 extra non-paved overflow units. You are authorizing the manager to issue the agreement and license. The operation could be stopped at any time. Councilor Munafo noted Ms. Rusher’s property was willed for a use that is not allowed. We have taken a lot of effort for assemblage in this area with the walkway to the sea. If we grant relief for this use, it makes it more valuable. We have to look to the future – by making this change we are not giving the higher and best use for this property. It is not wrong, but when neighbors are opposed and with the future to look at – we need to not go forward with this at this time. Councilor Crocker asked Atty. Ramsay questions about the trust. She said there are funds to develop it and we will be bringing it up to code to meet the hostel requirements. It must be self-sustaining. If we don’t have the visitors we may have to do something else. Ramsay said they will not leverage the funds right now. She also said the reason for naming the Cape Cod Foundation was to guarantee local presence with a board of directors

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of the foundation. When Hostelling International put out a pro forma, it does contemplate a phase-in on occupancy. Councilor Curtis feels since it has to be reevaluated every year it is not a bad idea. She feels a home type environment would be more of a positive neighbor than a large hotel next to a condominium. Atty. Ramsay noted that people sometimes feel negatively toward hostels, but said that the people who go to them are scout groups, church fellowship groups, bicyclists and those visitors will spend a lot of money. Councilor Barton concurs with Councilor Curtis and supports this. Councilor Canedy asked about the abutters of other hostels. Debra Ruel from Hostellers Int’l, oversees various hostels in the area. Many bicycle groups go from hostel to hostel. We are similarly located in Nantucket. There, our neighbors love us. We have strong support. Councilor Tobey said we had a small hostel on Route 28. There were no problems. It would be a good addition to our community. He will support. Councilor Rugo asked about the old hostel on Route 28 and was told it had about 40 units. Rugo is not in favor of this for a number of reasons including the increase in size. Councilor Crocker said we should consider postponement. David Munsell, from the Planning Board stated that the planning board has gone over all these different questions which were handled at meetings and sub committee meetings. What better place for this to be. Hostel users come by bicycle, they walk. It will be an asset. He told of his grandchildren who have used hostels all over the world. Postpone it if it will be turned down. Patty Daley said the planning board unanimously approved this. Atty. Ford would like to postpone this. Councilor Tinsley has stayed in hostels over 100 times and said he never created problems. He is a full supporter. The addition is for handicap access. People want to see things done now – the affect for the abutters will be a positive. Upon motion duly made and seconded it was moved to postpone this item. VOTE: 10 Yes 1 No (Munafo) Councilor Crocker asked for a workshop with the Planning Board so that we could explain everybody’s role in the process. I am tired of getting dressed down by people who don’t understand their role. President Joakim said they would. NEW BUSINESS 2009-024 COMMUNITY PRESERVATION FUND APPROPRIATION FOR HOUSING INTRO: 09/18/08 Upon motion duly made and seconded it was voted to refer item 2009-024 to a public hearing to be held on October 2, 2008.

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VOTE: 10 yes 1 abstain 2009-025 COMMUNITY PRESERVATION FUND APPROPRIATION FOR HISTORIC PRESERVATION ITEM: 2009-025 Upon motion duly made and seconded it was voted to refer item 2009-025 to a public hearing to be held on October 2, 2008. VOTE: 10 yes 1 abstain 2009-026 ACCEPT MGL C. 59 §5K AND AMEND THE GENERAL ORDINANCE TO ESTABLISH A PROGRAM FOR A SENIOR CITIZEN PROPERTY TAX WORK-OFF ABATEMENT INTRO: 09/18/08 Upon motion duly made and seconded it was voted to refer this item 2009-026 to a public hearing on Oct. 2, 2008. VOTE: 11 yes 2009-027 ACCEPTANCE OF A PORT SECURITY GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY, FEMA IN THE AMOUNT OF $90,000 AND THE SUPPLEMENTAL APPROPRIATION OF $30,000 AS MATCHING FUNDS INTRO: 09/18/08 Upon motion duly made and seconded it was voted to refer item 2009-027 to a public hearing to be held on October 2, 2008. VOTE: 11 yes 2009-028 ACCEPTANCE OF A GRANT TO THE BARNSTABLE SENIOR CENTER FOR TRANSPORTATION SERVICES FOR THE ELDERLY, FROM ELDER SERVICES OF CAPE COD AND THE ISLANDS. INTRO: 09/18/08 Lynne Poyant, Director of Community Services, said we have been fortunate to receive this grant for transportation which was applied for by Rose Digregorio. Upon motion duly made and seconded it was RESOLVED, THAT: The Town of Barnstable hereby accept a grant in the amount of $6,000.00 to support the ongoing provision of transportation services to local elders and authorize the expenditure of monies for that purpose. VOTE: 11 yes 2009-029 ACCEPTANCE OF A GRANT TO THE BARNSTABLE SENIOR CENTER FOR A PARENTING GRANDPARENTS SUPPORT GROUP, FROM ELDER SERVICES OF CAPE COD AND THE ISLANDS. INTRO: 09/18/08

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Lynne Poyant said this is a first grant for programs that bring together senior and youth services. A lot of grandparents are caring for their grandchildren. There will be support for the grandparents and support groups for the children. Councilor Canedy asked what the money supports. Poyant said some of the programs have costs. Councilor Munafo asked if it is a Federal grant and it is, through Elder Services. The grant was written by Madeline Taylor and Sally Anne Imes Upon motion duly made and seconded it was RESOLVED, THAT: The Town of Barnstable hereby accept a grant in the amount of $5,000.00 to fund a Parenting Grandparents support group at the Barnstable Senior Center. VOTE: 10 yes 1 no (Munafo) LATE FILE 2009-030 – APPOINTMENT A motion was made and seconded to suspend the rules and act on this in order for the committee to be able to vote. VOTE: Unanimous to suspend Upon motion duly made and seconded it was: RESOLVED, THAT the Town appoint the following individuals to a multiple-member board/committee/commission: MID-CAPE CULTURAL COUNCIL Joline Diehl, 63 Snowcreek Drive, Hyannis, to a term expiring 06/30/2011 J. Richard Kirk, 7 Brookshire Rd., Hyannis, to a term expiring 06/30/2011 Joan F. Mullane, 96 Lincoln Rd., Hyannis, to a term expiring 06/30/2011 VOTE: 11 Yes 2009-031 – APPOINTMENTS Upon motion duly made and seconded it was voted to refer this item for a second reading. VOTE: 11 yes to refer Councilor Crocker asked for a motion which was seconded to turn the chair over to Vice President Chirigotis. President Joakim left the room. Councilor Crocker then made a motion, which was seconded as follows: I move, pursuant to Section 8-8-(c) of the code of the Town of Barnstable, and upon the receipt of a certificate from the Town Clerk that a sufficient petition for recall has been filed, THAT: the warrant and notice for meetings be issued in due form, notifying and warning the inhabitants of Precinct 6 of the Town of Barnstable, qualified to vote in elections, to meet in their polling place on October 30, 2008, between the hours of 7:00 a.m. and 8:00 p.m., then and there to give in their votes on the following question: “Shall Janet S. Joakim, Precinct 6 Town Councilor, be recalled?” YES NO

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Crocker said that yes we could prepare statements that this precinct has a history of voting on Tuesday and Monday, but we are looking at an option for having it on a Thursday. Thursday is Council Day in Barnstable. The Council could do valuable work in a workshop and inform our constituents of the outcome of the vote. The town’s legal counsel could be available to inform the public of what is next. Councilor Canedy has an issue with the date as well as the cost. Town Clerk Linda Hutchenrider explained that there would be additional costs no matter what the date. Town Attorney Ruth Weil said that there is no discretion on this issue, a date must be set. The clerk stated that she was going to attempt to have workers from outside the precinct so there would be no conflicts. She also noted that the 30th was not a good date but the 28th or the 4th of Nov. would be best. Upon motion duly made and seconded it was moved to amend the item to have the election on October 28, 2008. VOTE: 5 Yes 5 No – it was defeated A motion was made to reconsider but needed to be made by someone on the prevailing side. Upon motion duly made and seconded it was voted to move the question. On the main motion to set the date for Oct. 30th: VOTE: 6 yes 4 no The clerk stated again that it was not a good date; Councilor Rugo called the matter closed. Councilor Farnham asked for a vote for reconsideration and did not get a second. OLD BUSINESS 2009-008 AMEND ZONING ORDINANCE, ARTICLE III. DISTRICT REGULATIONS, §240-39. SHOPPING CENTER REDEVELOPMENT OVERLAY DISTRICT INTRO: 06/19/08, 07/17/08, 08/21/08, 09/18/08 Planning Board Members Present: Paul Curley, Raymond Lang, David Munsell, Felicia Penn, Patrick Princi, Nancy Trafton, Marlene Weir, Steven Shuman Upon motions duly made and seconded it was voted to go in to a joint public hearing with the Planning Board for the purpose of discussing 2009-008. VOTE: Unanimous in favor by Council to go into the hearing VOTE: Unanimous in favor by Planning Board to go into the hearing Atty. Michael Ford gave the rationale on this issue which deals with the districts near the mall. He reviewed the various technical corrections. This applies to an area that is currently

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a parking lot and it will hopefully house a bank with a drive-through. The set backs will be changed to attempt to stop parking in the front of all structures, Patty Daley said when you drive down that section of Route 28 all you see is parking. This area would put more buildings near the street and funnel the parking to the rear of the buildings. Attorney Ford said that the curb cut for Blanchard’s will be closed. Access will be through the lights. Councilor Munafo said there is an easement for the Holiday Inn and asked if the entrance to the parking lot would remain. Ford said when the permit was granted for the mall area, we were required to have an interconnect. It will remain open. Councilor Rugo asked about future expansion of the mall. Ford said the rights were exercised for 7 years – the permit has expired. So expansion at the mall would require going to Cape Cod Commission. The mall cannot expand without going through the Board of Appeals. The Bank is going where Blanchard’s is currently. Ford said the Council would approve a zoning change to enable the opportunity to have a drive through. Councilor Curtis asked if you are proposing a drive through, this item would resolve the technical conflict and allow you to apply for permission to have one. Is that correct? Yes. this is just to resolve the technical conflict. Councilor Crocker asked for a definition of what are the areas between the lines on a map that was displayed. Ford explained the parameters of the requests and the uses in front of and between the lines. Crocker wanted it noted that the changes to the zoning map would affect all the parcels with frontage on Route 28, not just the liquor store portion. Councilor Munafo asked why drive-throughs were eliminated. Ford said it was not thought out when the SCROD district was created. Munafo said there are areas where they do not want drive-throughs. Ford said in Highway Business, they are allowed by special permit – and that is what we are asking for. Councilor Farnham said it would be a good location for the bank to move. Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Unanimous in favor by Council VOTE: Unanimous in favor by Planning Board Patrick Princi of the Planning Board said they are in full support and approves this as proposed. This was submitted in writing to the Town Clerk. Upon motion duly made and seconded it was: ORDERED that: Section 1. That the Zoning Ordinance, Article III. District Regulations, §240-39. Shopping Center Redevelopment Overlay District, Section F. Permitted and prohibited uses, is hereby amended as follows:

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By adding the following language to §240-39 F. (2)(f): “except that a drive-through bank shall be permitted in so much of the Shopping Center Redevelopment Overlay District, as lies within the underlying Highway Business District, subject to the special permit provisions of §240-39M.”

So that as revised subsection (f) shall now read: “(f) Drive-through restaurant or drive-through bank, except that a drive-through bank

shall be permitted in so much of the Shopping Center Redevelopment Overlay District, as lies within the underlying Highway Business District, subject to the special permit provisions of §240-39M.”

Section 2. That the Zoning Ordinance, Article III. District Regulations, §240-39. Shopping Center Redevelopment Overlay District, Section M. Special permit provisions, is hereby amended as follows: By adding the following new sentence to §240-39M. (1)(a):

“ In addition, no building permit or occupancy permit shall be issued for a drive-through bank unless the Zoning Board of Appeals has issued a special permit or a modification of a special permit issued under this section, approving such use, subject to the provisions of this §240-39M.”

Section 3. That the Zoning Ordinance, Article III. District Regulations, §240-39. Shopping Center Redevelopment Overlay District is hereby amended by deleting §240-39 G. (1)(e) in its entirety and inserting in place thereof, the following new (e):

(e) Minimum front yard setback (at perimeter of the redevelopment area): 30 feet [1] One hundred feet along Route 132/Iyanough Road. [2] One hundred feet along the easterly side of the roadway which would be created if Independence Drive were extended from its existing terminus on the northerly side of Route 132 along its current trajectory across Route 132 and the redevelopment area. [3] Within one hundred feet of Route 28/Falmouth Road, the minimum setback shall be twenty feet, but there shall be a maximum setback of fifty feet.

VOTE: Roll Call – 2/3’s – 10 yes 2008-163 ADOPTION OF THE TOWN OF BARNSTABLE COMPREHENSIVE PLAN 2008 INTRO: 06/19/08, 07/17/08, 08/21/08, 09/18/08 The item was opened and Atty. Ruth Weil said the planning board held more than one public hearing – this is not an official public hearing. You can ask for public input. President Joakim announced that they are opening discussion. Councilor Canedy stated she had previously presented a couple of amendments for Section 8, where, for instance, she wanted one sentence removed that was editorial. Joanne Buntich from Growth Management said they have received amendments from Councilor Canedy, some from W. Barnstable, some from Councilor Curtis and we continue to find things to change. We don’t incorporate them and after this discussion this evening

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we would like to make a list of all the amendments to look at them as a whole. Councilor Crocker is grateful for the time everyone has put into it and feels it is far better than the other LCP. Crocker is supporting Canedy’s amendment. He said there will be additions to the one-year action plan. He wonders if you are being over zealous with the 42 goals for the implementation. The goal for the first year is to go through with the named items and see what can reasonably be accomplished. Councilor Crocker thinks you need to pick out things that can be accomplished. He addressed traffic and sewer policies – we need to have a discussion. Are these the best policies we need to adopt. Finance Director Mark Milne said under Prop. 2 ½, we can only raise the levy limit 2 ½% plus new growth. New growth has been important to us because 2 ½ does not get us enough money to meet fixed costs. We need to be careful in how it will affect land use policies. You have to consider the long-term use of land policies. I don’t have statistics for you in land use. New property taxes are critical to us balancing our budget. Crocker sited differences in the trip generation neutral theory. The implication of the neutral positions affects the zoning. These regs will impact our real estate. President Joakim asked if there is a place that these limitations are necessary. Joakim feels there are areas that do need these regulations. Crocker said we might have to make choices. Councilor Crocker said we need to give the committee direction on whether we can support all these initiatives. He is looking for feedback too. Joanne Buntich appreciates that the council is getting into this. The adoption of this plan creates a work plan . Traffic neutral policy is limited to certain roadways. There is another way to be traffic neutral and still expand use. Trip generations – they are the bane of our existence. As far as sewer neutral – we were aware that other communities have started to look at this. The environmental bond bill has recently passed and will open the door for funding. How much sewage can we treat with the existing plant etc. Running parallel to this is the estuaries program . To get on the bond bill for funding we have to have a sewer neutral policy. We think the density transfer is going from developed to development . Manager John Klimm said he wanted to applaud Councilor Crocker on the fact that these are complex issues. It is not just about land use or other policies. The traffic neutral policy is specific on arteries. The planning board has tried to address issues – your constituents #1 issue is traffic congestion. The board is attempting to do that. He agrees that there is the ability presently to make tough choices, unfortunately some of our former board members did not believe they had that. If you want the boards to have flexibility on a given case, you need to give them clarity that will allow them to have the flexibility to vote on things. What are you going to do about traffic, nothing, something, or something in between? Councilor Crocker said that “shall adopt” means we will do it. How it is written is how it is going to come back to us. He is clear on what it says; if we say we are with you it says we

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are going to do it. He is not buying language that could be interpreted two ways. Crocker said there are more boards who understand what they are to do than those who do not. Councilor Curtis said the whole wastewater issue is major and we must deal with it. Costs are growing on these needs. She feels the plan is great and needs to be reviewed yearly, “I think we need to stop growing – and pause.” We can talk about the good things we have done to promote growth. If we don’t deal with infrastructure needs in years ahead it could be non-productive because we can’t or won’t be able to meet our needs. I hope we can use the information. Curtis said, “thank you.” Pres. Joakim said on Oct. 16 we are having a sewer/wastewater workshop. Joakim said any ideas or changes you want to present, please give to Ms. Buntich. ADJOURNMENT Upon motion duly made and seconded, it was voted to adjourn at 10:02 p.m. ADJOURNED. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable --------------------------------------------------------------------------------------------------------------------------


October 2, 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 7 pm, on Thursday, October 2, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy (7:20), Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo (7:10), James M. Tinsley, Jr. and Harold Tobey. President Joakim led the Council in the Pledge of Allegiance and a moment of silence.

• Jane Eshbaugh Community Service Award Presentation Members of the Jane Eshbaugh Committee: Jeff Eshbaugh, Millicent Flynn, and James Crocker, (Jackie Barton could not attend) were present for the presentation of the 7th Annual Award to Carl Monge. President Joakim read the proclamation (See Exhibit A). Mr. Monge thanked all on behalf of the ‘seven old men’ and ‘four gorgeous gals.’ He was visibly moved by the honor.

• BHS Hockey Boosters donation of $10,000 to the Hyannis Youth & Community Center Several members of the Barnstable Hockey Boosters presented President Joakim with a greatly enlarged copy of a $10,000 check. Paul Everson explained some of the history of the Hockey Boosters and their activities. They pay for all the things the team is not able to obtain through the budget. The group began raising money for the new youth and community center several years ago. They presented $10,000 to the town towards that effort. VP Chirigotis and Pres. Joakim accepted the 6 foot long check.

• Leading by Example Award David Anthony, Chief Procurement Officer and Glen Santos, Supervisor of the Solid Waste Division announced the award. Barnstable is one of two communities in the Commonwealth to receive this year’s Leading By Example Award from the Executive Office of Energy and Environmental Affairs (See Exhibit B). Barnstable’s Green Team received the award at the State House today. The town also received two citations: by Sen. Therese Murray, offered by Sen. Robert O’Leary and by Rep. Salvatore DiMasi, offered by Rep. Demetrius Atsalis. (See Exhibits C and D)

• Airport Commission Report Dan Santos, new Chairman of the Airport Commission, gave a brief update on the status of the airport. He said the commissioners understand that they work for the town. He is very comfortable working in such an environment since he is an engineer and CEO of an environmental consulting firm. Frank Sanchez is acting as interim Airport Manager while they find a new manager. Subcommittees are working had to insure that there are no blips in the interim. He further updated the council on the status of the access road, which will be completed prior to the construction of the terminal, and the overall planning for signal lights, traffic flow, and land acquisition relative to the planned new terminal. Master planning needs to involve all state coalitions, neighboring towns, civic associations, etc., and should be reflective of not only the needs of the flying public, but what the town wants to see. PUBLIC COMMENT Jon Julius thanked Peggy Dandridge who recently resigned and Lt. Heubler who had recently retired. He does not want people to blame the deficit on the national crisis or hear about an override. The council should be watching the school committee, who has been spending down the free cash reserves, because the council oversees them.

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Kathleen Easen, a client of the Noah Shelter, spoke about multiple health issues at the facility that place the clients at risk. She would like to ask that the health issues be put on the next several agendas to inform the public. Alan Burt spoke about the budget and thanked the council for managing such a large budget of $155M so well. He is also troubled about the recall of President Joakim. It is tragic and a terrible waste of time. Taryn Thoman spoke about a Cotuit resident who felt she was defamed by Pres. Joakim via emails. Rob Anderson has been working with different public and private landowners regarding a process for the discussion of a location for an ATV park. They are meeting a roadblock. He would like some assistance to perform a feasibility study along with staff consultation, and then hold a public hearing so the issue will be heard. Mary Clements also commented on the current political situation. COUNCIL RESPONSE TO PUBLIC COMMENT President Joakim commented on the accusations about her. There have been no harassing emails, calls or conversations emanating from her. Councilor Crocker apologized because he allowed third-party hearsay without objection. He is through listening to what he feels is wrong in his heart. Councilor Curtis said it was a pleasure to see truly committed individuals who make contributions to the town. Ninety-nine percent of the town is like those individuals. That is why she is here: to do her best. Councilor Barton commented on the School Committee that is doing as much as it can to take control of the items they can control. They have been proactive, working with administration and taking it head-on. Councilor Barry feels this (recall) is out of control. He has seen some of the emails sent to Pres. Joakim and those about her family and daughters are unspeakable. People can get away with a lot more with an elected official than with other citizens. This is ugly, dirty and nasty. Councilor Tobey said that people should appreciate what Pres. Joakim has done for the town. The process for voting someone out is at their re-election. She has not done anything to rise to the level of a recall and he hopes the constituents realize it. Councilor Milne also thanked Peggy Dandridge and Eric Heubler. He suggested that the grant to evaluate land use could coincide with a possible ATV usage; in addition, the Otis base, which just received a $1M grant for a land study, might provide some possibilities. He also pointed out that the School Committee is elected town-wide and not under the Council. The town manager manages the $150M budget; the council only approves or rejects his suggestions. Assistant Town Manager Thomas Lynch responded on the NOAH Shelter issue saying he would check with Regulatory Services and follow up with a visit if needed. ACT ON MINUTES Upon a motion duly made and seconded it was voted to approve the minutes of September 18, 2008 with the following correction: change Page 8, P 3 from “asked if that would remain.” to “asked if the entrance to the parking lot would remain.” Page 4, P 10 replaces the comment after Councilor Crocker with “asked for a workshop with the Planning Board so that we could explain everybody’s role in the process. I am tired of getting dressed down by people who don’t understand their role. Page 7, P 1, delete “yes we could prepare statements” and add at the end “Thursday is Council Day in Barnstable. The Council could do valuable work in a workshop and inform our constituents of the outcome of the

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vote. The town’s legal counsel could be available to inform the public of what is next.” Page 8, P 6, at the end add: “Crocker wanted it noted that the changes to the zoning map would affect all the parcels with frontage on Route 28, not just the liquor store portion.” VOTE: Unanimous (Milne abstained – not present) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Lynne Poyant named the restaurants participating in the year’s Silver Plate Week supporting the Barnstable Senior Center. President Joakim thanked the chief. Councilor Crocker was pleased that the new sidewalk was being installed with a minimum of disruption. The DPW deserves credit and is on schedule for the sidewalk and other road work. Councilor Barry announced the retirement dinner for Chief Frasier and gave the particulars. Councilor Barton said that Paul Everson had done many good things for the town. She made several other announcements of upcoming activities. Peggy Dandridge, who will be moving out-of-state, will be missed. Councilor Milne thanked Patty Daley for holding a well attended and successful meeting on the issue of moving the shanties. He announced an upcoming Selectmen & Councilors meeting. The group is planning to send a vote on Question 1 – to abolish state income tax. It is binding and if it passes it will be catastrophic for cities and towns. Councilor Farnham announced that Coast Sweep, an annual beach cleaning event, was held on Sept 20 and was very successful. Councilor Canedy attended the APCC dinner. Kris Clark, Lindsay Counsell, Jackie Barton, as well as Bob Duncanson, Dale Saad’s husband were honored. ORDERS OF THE DAY OLD BUSINESS President Joakim announced that Item 2008-131 has been withdrawn. 2009-014 COMMUNITY PRESERVATION FUND APPROPRIATION & TRANSFER FOR $108,000 FROM COMMUNITY HOUSING Upon a motion duly made and seconded it was voted to postpone this item to November 6, 2008. VOTE: Unanimous 2009-021 AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY AGREEMENT BETWEEN THE TOWN OF BARNSTABLE AND RUTH M. RUSHER TRUST Upon motion duly made and seconded it was ORDERED: That the Town Manager is authorized pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable, to enter into and execute a Regulatory Agreement between the Town of Barnstable and Ruth M. Rusher Trust, for the property shown on Barnstable Assessor’s Map 326 Parcel 045, and located within the HD zoning district and the Downtown Hyannis Growth Incentive Zone, including zoning relief as follows:

HD zoning district permitted or conditional use Section 240-24.1.7 Reduction in onsite parking requirements Section 240-24.1.10 (4) (b)

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The Town Manager shall execute the Regulatory Agreement on behalf of the Town within seven (7) days of the Town Council vote authorizing the execution of the Regulatory Agreement in accordance with Section 168 of the Code. Atty. Michael Ford said the individuals involved in all aspects of this project were available to answer questions.

• Deborah Converse, CEO of the Cape Cod Chamber of Commerce supports having a hostel in town but doesn’t think this is the place. The harbor district was one of the growth incentive zone areas. A hostel will not be an economic benefit and not the highest and best use of the area.

• Ken Foster, an abutter to the property, said he visited both the hostels in Eastham and Truro. The overall condition of those hostels is poor. Will this hostel be different or will it become poorly maintained.

• Deborah Roux from Hostelling International, the company that will oversee this hostel, pointed out that it is financially difficult to create hostels. This is a rare opportunity since the property has been willed by Ruth Rusher for this purpose. The investment will be about $750,000 and the money is there. Sandra Tubman of the Rusher Foundation will see that it happens. Hostels fit into the tourist destination with culturally diverse opportunities.

• Ken Komenda, Innkeeper of the Harbor House Inn, asked why hostels were not included in the zoning. This is giving a zoning variance and the neighbors would not be spending the money they have spent if they had known.

• Patty Daley explained that hostels have not been mentioned anywhere in town as a land use. It did not occur to anyone. The regulatory agreement was established to allow the zoning to be amended on a parcel by parcel basis.

• Councilor Curtis said that in the title Growth Incentive Zone, “incentive” pops out. Hyannis relies on tourists coming to visit. With the changing economy, attracting a diverse kind of tourist is a plus. She supports this as a clear incentive for the community.

• Councilor Barton will also support the item. To create a thriving community there must be diverse uses – a variety of different applications. It was Ruth Rusher’s intent to have a hostel on her land.

• Councilor Milne is shocked by the type of objections. He is happy to have sponsored it. As a GIZ, these two houses will not be single family houses. It makes no sense to him to use this for anything other than density to create economic vitality. If it is not approved, there will be people and automobiles instead of foot and bicycle traffic. What other group will bring a $750,000 investment to the location.

• Councilor Crocker had a question on #37 of the agreement. Atty. Ford explained that there are a few more hurdles in order to actually have 47 bedrooms. This will be dealt with, if the regulatory agreement passes; the council and the board of health will have the final say on the number of bedrooms. On #27, Crocker wanted a clarification regarding the tax. Patty Daley said the current tax is the $5,355.40 based on the single family assessment. The issue of reserving a portion to cover the district tax that would be lost had not been discussed. Town Attorney Ruth Weil said the division of the payment could be part of the licensing. Crocker would like such a commitment to the district be added.

A motion was duly made and seconded to amend #27 of Item 2009-021 by adding the following to the end: “The Town Manager shall make provision for a proportionate share of said payment to be paid to the Hyannis Fire District.” VOTE: Unanimous.

• Councilor Munafo asked if the property had been willed to a non-profit. The property was conveyed to the trust during Rusher’s lifetime. The title will be transferred from the trust to the Cape Cod Foundation. Munafo stated that once it is accomplished it will no longer be taxable. The payment will be paid by the taxpayers.

• Roux described the type of hostellers – church groups, youth groups, international travelers. They stay about 2.5 days and would probably leave $350,000 to $500,000 dollars in the community.

• Councilor Tinsley pointed out #23 which gives the Town Manager the latitude to terminate the hostel operation.

A motion was made and seconded to move the question.

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VOTE: Unanimous A point of information was raised relative to the dates to be inserted in #26. Daley said the dates will be one year from now: October 2008 to October 2009. A motion was made and seconded to amend #26 to read November 08 to November 09. VOTE: Unanimous 2008-021 AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY AGREEMENT BETWEEN THE TOWN OF BARNSTABLE AND RUTH M. RUSHER TRUST With all approved amendments to the Regulatory Agreement, ORDERED: That the Town Manager is authorized pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable, to enter into and execute a Regulatory Agreement between the Town of Barnstable and Ruth M. Rusher Trust, for the property shown on Barnstable Assessor’s Map 326 Parcel 045, and located within the HD zoning district and the Downtown Hyannis Growth Incentive Zone, including zoning relief as follows:

HD zoning district permitted or conditional use Section 240-24.1.7 Reduction in onsite parking requirements Section 240-24.1.10 (4) (b)

The Town Manager shall execute the Regulatory Agreement on behalf of the Town within seven (7) days of the Town Council vote authorizing the execution of the Regulatory Agreement in accordance with Section 168 of the Code. VOTE: 10 Yes, 3 No (Crocker, Farnham, Munafo) (Roll Call) 2009-024 APPROPRIATION & TRANSFER ORDER OF $250,000 SET ASIDE UNDER ITEM 2008-161 FOR BUY BACK OF 5 AFFORDABLE HOMES @ $50,000 EACH Upon a motion duly made and seconded it was voter to open a public hearing on this item at 8:50 PM VOTE: No objection Laura Shufelt gave the rationale. Nancy Davidson from HAC explained that this was modeled after a similar project in Sandwich. That town was pleased with the number of homes that were created in a short period of time. Upon a motion duly made and seconded it was voted to close the public hearing at 9:12, PM. VOTE: No objection

• Councilor Curtis asked if this passes, should the money stay with the CPC until needed for the purchase and homes will be sought from across the town. Davidson explained that most of the units are outside the Village of Hyannis. What are the oversight procedures: contact with new homeowners, contact with the CPC on any activity with the homes, etc?

• Davidson explained the process. The home with potential is identified and inspected and approved by the CPC; the home is structurally inspected before HAC will purchase it. Once they own it they make the repairs to avoid any major expense to the buyer for the first 5 years. This is subcontracted. The process will be complete when the new owner takes over the home. HAC has a full-service real estate department who will oversee the sale and its legalities. HAC also has a weatherization department that oversees the related inspections. Weatherization money comes from the Cape Light Compact and they also have oversight. HAC has a pool of potential buyers who attend pre and post purchase workshops which include budgeting, etc.

• Councilor Farnham feels government has a role in assisting safe housing through rentals but not tax dollars to subsidize the acquisition of single family homes.

• President Joakim explained that these are CPA funds which have been set-aside for this purpose. • Councilor Munafo feels there should be a special portion of the meeting for CPA spending so as

not to confuse it with spending that uses property taxes. With the downtrend, Munafo asked about the dollar value of an affordable home. Davidson said based on a recent market study, the

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price of the home they want to purchase is about $220,000; The purchase price for people earning under 80% of median income is about $150,000 to $180,000. This has been made difficult by the inability to find people who qualify for a mortgage. HAC looks to subsidize about 23%. If there is a significant downturn and they don’t spend $50,000 on each home, they would buy a 6th home. They are ready to go out immediately to purchase the homes. This raised the question of how much flexibility there would be in the item to buy more or fewer than 5 houses. An amendment was suggested to add “a minimum” of five houses.

• Att'y. Weil said you have some flex such as the amendment because it does not change the substance of the proposal and is consistent with it. Shufelt concurred.

A motion was duly made and seconded to amend Item 2009-024 by adding “a minimum of” five affordable homes and “a maximum of” $50,000 per home. VOTE: Unanimous

• Councilor Barton asked about another site visit after repairs. Shufelt said that was not anticipated in their vote. They would do the initial site visit.

• Councilor Curtis had suggested that the $250,000 be held and released as each house is found. Atty. Weil explained that traditionally the town has not given out money until the house is in play. The town has not given out any lump sums and it is our practice.

• Councilor Crocker summarized when the town’s money would be used. Other funds are used for the initial acquisition and repairs; one the buyer is found and the restriction is in place, the public funds are used at the time the new buyer is having the property conveyed.

Recess 9:20 – 9:25 PM A motion was made and seconded to add the following to the end of the text: “No funds shall be disbursed until the time of closing with the qualified affordable buyer. VOTE: Unanimous As amended: 2009-024 APPROPRIATION & TRANSFER ORDER OF $250,000 SET ASIDE UNDER ITEM 2008-161 FOR BUY BACK OF 5 AFFORDABLE HOMES @ $50,000 EACH ORDERED: That, pursuant to the provisions of G. L. c. 44B, the sum of Two Hundred Fifty Thousand and No/100 ($250,000.00) Dollars be appropriated and transferred from the amount set aside for the creation of affordable Housing in the Community Preservation Fund on August 21, 2008 under agenda item number 2008-161, to buy down the cost of no less than five (5) affordable homes, at a maximum of $50,000.00 per home, inclusive of closing costs and legal fees, for resale to first-time homebuyers at affordable prices by the Housing Assistance Corporation, through the Town of Barnstable’s Inclusionary Housing Ordinance and that the Town of Barnstable Growth Management Department is authorized to contract for and expend the amount appropriated with the prior approval of the Town Manager for the creation of affordable housing and to acquire affordable housing restrictions, easements and other security on behalf of the Town. No funds shall be disbursed until the time of closing with the qualified affordable buyer. VOTE: 9 Yes, 4 No (Barry, Canedy, Farnham, Tinsley) (Roll Call) 2009-025 APPROPRIATION & TRANSFER ORDER OF UP TO $5,500 FROM SET ASIDE FOR COMMUNITY PRESERVATION UNDER ITEM 2008-161 FOR PRESERVATION OF TOWN RECORD Upon a motion duly made and seconded it was voter to open a public hearing on this item at 9:30 PM VOTE: No Objections Shufelt gave the rationale. Upon a motion duly made and seconded it was voted to close the public hearing at 9:31 PM. VOTE: No Objection Munafo asked where the transcripts will be accessible. Copies will be housed in libraries, historical buildings, etc.

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A motion was made and seconded to move the question. VOTE: Unanimous 2009-025 APPROPRIATION & TRANSFER ORDER OF UP TO $5,500 FROM SET ASIDE FOR COMMUNITY PRESERVATION UNDER ITEM 2008-161 FOR PRESERVATION OF TOWN RECORD ORDERED: That, pursuant to the provisions of G. L. c. 44B, the amount not to exceed Five Thousand Five Hundred and No/100 ($5,500.00) Dollars be appropriated and transferred from the amount set aside in the Community Preservation Fund on August 21, 2008 under agenda item number 2008-161; and that the Town of Barnstable, Growth Management Department is authorized to contract for and expend the amount appropriated with the prior approval of the Town Manager for Historic Preservation and reproduction (photocopying, binding, digitally scanning and distribution) of the verbatim transcript of the Barnstable Town Record, Volume I, allowing distribution of the copies to public institutions across southeastern Massachusetts; further maintaining limited access to the original volume and lengthening its preservation through less handling and use. VOTE: 13 Yes (Roll Call) 2009-026 GENERAL ORDINANCE AMENDMENT ACCEPTING MGL C59 S5K SENIOR PROPERTY TAX WORK-OFF ABATEMENT Upon a motion duly made and seconded it was voter to open a public hearing on this item at 9:35 PM VOTE: No objections Mark Milne, Finance Director, gave the rationale. The Council on Aging has supported it. Upon a motion duly made and seconded it was voted to close the public hearing at 9:39 PM. VOTE: No objections

• Councilor Crocker asked how many would be involved. Milne said there were no limitations, it is a budgetary issue; it could start at 20 people. The town manager can decide how many can be incorporated. Participants will receive a W-2 taxable income statement for federal taxes and they will be exempt for state taxes. The Board of Assessors will handle the abatements.

A motion was made and seconded to amend Section 183.3 D by replacing the current text with the following: “There shall be a maximum number of 20 residents who may participate in the program in a given year.” Vote Unanimous

• Councilor Munafo asked about the impact on other taxpayers. It does not raise taxes for rest of the taxpayers because the overlay account, from which the abatement of $750.00 will come, is budgeted. It can be implemented now but the tax abatement will not occur until 2010. There is no sense to make it this early. Munafo feels there are things in place already to help people. No wisdom in a program which will reduce the budget further. It is one step too far.

• Councilor Tobey thinks it is a good thing; people have a sense of working and elevated self-esteem.

• Councilor Farnham pointed out that the credit was not in perpetuity but only available for no more than two consecutive years. He would like to insert “from all sources” in Section 183.2, C, after “yearly income” to include lottery winnings, dividends, etc. There was a question of whether the acceptance of a statute could be amended. Attorney Weil confirmed that amendments could be made.

A motion was made and seconded to insert “from all sources” in Section 183.2, C, after “yearly income.” VOTE: 12 Yes, 1 No (Munafo)

• Councilor Barton asked if it were postponed, what would be the impact. Director Milne said it was not time sensitive.

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• Councilor Barry asked how long will it take to administer and how much more work would there be for assessors. The department with the worker will give the hours to Human Resources. It is a simple form and will take minimum work. The application process takes more work. There could be 100 applications for the 20 slots.

As amended: 2009-026 GENERAL ORDINANCE AMENDMENT ACCEPTING MGL C59 S5K SENIOR PROPERTY TAX WORK-OFF ABATEMENT ORDERED, that: SECTION 1: Section 5K of chapter 59 of the general laws is hereby accepted. SECTION 2: That the general ordinance of the town of Barnstable is hereby amended by adding a new Chapter 183, Senior Citizen Property Tax Work-Off Abatement Program. SECTION 3: Chapter 183: Senior Citizen Property Tax Work-Off Abatement Program §183-1: Purpose:

In accordance with the provisions Section 5K, Chapter 59 of the general laws, the town is offering a program which allows certain eligible seniors aged sixty and older the opportunity to perform work for the town in exchange for an abatement of property taxes for the maximum amount of $750.00 yearly. §183.2: Eligibility In order to be eligible to apply for the program, an individual shall meet all of the following requirements:

A. Owns and occupies a residential property in the immediate fiscal year preceding the fiscal year in which the taxpayer applies to volunteer his/her services;

B. Has reached 60 years of age by the July 1 of the fiscal tax year for which the tax credit is given; C. Has a gross yearly income from all sources of not more than $30,000 for single taxpayers and $40,000 for married taxpayers, and D. Cannot be a compensated employee of the Town during the fiscal year for which the tax credit is sought.

§183.3: Program Administration

A. The Town Manager or his/her designee shall be responsible for administering the Senior Tax Work-Off Program.

B. The Town Manager or his/her designee shall review and approve the volunteer services to be included in the program and place and/or assign eligible residents to perform such services. C. The Town Manager or his/her designee shall certify the amount of volunteer services performed by each participating taxpayer to the Barnstable Board of Assessors on or before December 1 of the year for which tax credits are to be given. Upon timely receipt of this certification, the Board of Assessors shall credit the real property tax obligations of the participating taxpayers in an amount not to exceed $750 per taxpayer. A copy of each taxpayer’s certification will be given to that taxpayer. This credit shall be in addition to any exemption or abatement for which the volunteer may otherwise be eligible. D. There shall be a maximum number of 20 residents who may participate in the program in a given year.

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§183.4: Program Criteria

A. The hourly rate at which the volunteer services are to be credited shall be the minimum wage of the Commonwealth in effect at the time the services are provided.

B. The Town will pay the volunteer’s share of FICA taxes.

C. The maximum amount by which the real property tax obligation of any one volunteer may be reduced in any given tax year shall not exceed $750. D. Tax credits may be applied only toward real property, which the volunteer occupies as a principal residence and has property tax liability. E. Only one tax abatement per property per year shall be allowed. F. Participation will be awarded using a lottery system if qualified applications received exceed the number of available slots. G. Taxpayers in the program may not participate in two consecutive years unless the number of applicants is less than the eligible slots.

VOTE: 12 Yes, 1 No (Munafo) (Roll Call) 2009-027 HOMELAND SECURITY GRANT ACCEPTANCE FOR $90,000 FROM FEMA & SUPPLEMENTAL APPROPRIATION OF $30,000 MATCHING FUNDS Upon a motion duly made and seconded it was voter to open a public hearing on this item at 9:50 PM. VOTE: No objections Lynne Poyant gave the rationale. Upon a motion duly made and seconded it was voted to close the public hearing at 9:55 PM. VOTE: No objections

• Councilor Barry asked about the use of the police boat which is not being used instead of spending $30,000. Dan Horn, Harbormaster, doesn’t know what is in the police department’s plans for this boat in the next budget. This request is to replace an existing vessel.

• Councilor Curtis was concerned that since the $30,000 is coming from mooring fee special revenue funds and, that people may have to make some tough decisions which could involve relinquishing moorings, it might deplete the account. Horn explained that $2,500 is for maintenance – commissioning and winterizing the vessel with a certified mechanic to avoid voiding warrantees. This is a replacement boat to be used for harbor patrol and emergency rescue. The old boat will be used for the dirty work. The special revenue account can only be spent for waterways issues.

• Councilor Munafo asked if the mooring fee special account was an enterprise account. It is not. He also confirmed that it is a Federal grant.

• Councilor Farnham pointed out that the town has a large amount of water on both sides. It makes sense to him to do this upgrade and he will support a 21 to 30 foot Boston Whaler type of boat.

• Councilor Canedy feels there is a lot wrong with Barnstable Harbor that needs repair and the town has several boats available now. She is against taking $30,000 from mooring fees for a boat when there are other needs to address. Horn explained that many of those concerns are being addressed. Canedy pointed out that those will cost millions and they are things that have not been paid. Horn said there will be funding requests for some of those.

• Councilor Crocker asked about the age of the old boat. It is a Boston Whaler that was donated about 30 years ago. The engine is about 7 years old. It is thoroughly waterlogged, rotting from the inside out and cannot be used for emergency responses.

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• Councilor Chirigotis said there is lots of boat traffic on the north side. You do not see Coast Guard or the police on the water on a regular basis, the only people on the water are the Harbormasters. The boat is needed to deal with emergencies. This is only one of seven grants from FEMA and it is an opportunity to buy $120,000 of value for only $30,000. “Barnstable is the ocean.”

2009-027 HOMELAND SECURITY GRANT ACCEPTANCE FOR $90,000 FROM FEMA & SUPPLEMENTAL APPROPRIATION OF $30,000 MATCHING FUNDS ORDERED, that: The Barnstable Town Council does hereby accept a Port Security Grant from the Department of Homeland Security, FEMA in the amount of $90,000 and that the amount of $30,000 in matching funds is hereby transferred from the mooring fee special revenue account, and further, that the Town Manager is authorized to expend these funds in accordance with the grant VOTE: 10 Yes, 3 No (Barry, Canedy, Munafo) (Roll Call) 2009-031 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: ZONING BOARD OF APPEALS George T. Zevitas, 77 Winding Cove Road, Marstons Mills, an associate member to a term expiring 06/30/2009 HYANNIS MAIN ST. WATERFRONT HISTORIC DISTRICT COMMISSION Meaghann Kenney, 26 Pearl Street, Hyannis, as an alternate member to a term expiring 06/30/2009 GOLF COMMITTEE James M. Lawson, Jr., 49 Statice Lane, Hyannis, as a member to a term expiring 06/30/2010 VOTE: 12 Yes, 1 No (Canedy) NEW BUSINESS 2009-032 GRANT ACCEPTANCE OF $5,000 FROM BARNSTABLE COUNTY FOR EVALUATION OF TOWN-OWNED LAND Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby accept the grant award in the amount of $5,000 from the Cape Cod Commission Technical Assistance Program (TAP). Joanne Buntich, Assistant Director of Growth Management, gave the rationale. Councilor Canedy asked if the study would decide the suitability of an ATV park. Buntich doesn’t think any of the parcels would be suitable, but that is not in the purview of this evaluation. This it to help determine for what the various parcels of town owned property would be suitable. Councilor Curtis said it was to complete a process that has already been started. Councilor Crocker asked if it would pay for outside assistance. It will continue to fund the consultant that is working on the project. $5,000 will complete the study. Att’y. Weil said the funds will also identify tax title parcels that had not been evaluated. Councilor Milne asked about parcels with buildings. All parcels to be evaluated and vacant and open space are not included. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS

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Assistant Town Manager Tom Lynch thanked the Green Team for winning by example. He announced that the town manager will begin a weekly e-newsletter beginning October 10. There will be a public hearing on the issue of smoking on the beach. The ATV issue rests first with the Conservation Commission. The Town Manager had ceded control of conservation lands to them. ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn the meeting at 10:24 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco Assistant Town Clerk

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October 16, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on October 16, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. ABSENT: Harold Tobey The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. PEACE WEEK PROCLAMATION Councilor Barton read a Peace Week Proclamation that has become an annual event. Steve Brown from the No Place for Hate Committee was present and with Councilor Barton declared next week to be Peace Week in Barnstable. A variety of activities will celebrate peace, diversity, awareness and violence prevention issues. (See brochure attached). PUBLIC COMMENT

Albert Baker had concerns over notices and petitions. He stated that the way this election has been manipulated is an example of when you go to the limit you go to far.

Jon Julius addressed the airport. Do you think the Governor is going to give us

money for the airport now? Then you have to vote to support this airport. The Barnstable taxpayers will pay for it. Can we get a letter from the Governor that will guarantee that we get the money?

Kathleen Eason stated that she was asking for justice for all individuals at 77 Winter

St. She wants to find a list of racketeering – she feels there is RICO activity therein.

Eugene Dundee explained that the Sec. of State sent the voters an informational booklet that says you have the right to vote if you cannot read or write English. The Massachusetts Constitution says the opposite. What are you going to do about it?

Marcie Dugas announced that October is Domestic Violence Awareness Month – it is

about the children who need to be protected. We have seen an increase in domestic violence. Massachusetts Protective Mothers for Custodial Justice is a new non-profit. She gave the mission of the group; www.massmoms.org will be their new website.

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John Alden said the Barnstable Charter Commission welcomes public comment regarding the charter. If you want to change it, you need to come forward.

Roberta Mock wants to support the sewer expansion program. She hopes the town

takes advantage of the 0% interest. She lives close to marshland and is hoping that this will happen swiftly. She hopes that those in the Wequaquet area are made aware of the progress.

Robert Tucker feels that everyone should be available to see residents. A lot of

money is leaving here and going overseas. We are losing revenue. There are still many homes with a lot of cars in the yard.

Rob Anderson said the Environmental Affairs Com. has contacted him regarding an

informational meeting. Why not use the airport’s vacant property instead of taking other lands by eminent domain.


• Councilor Crocker stated that the airport financing is a huge issue and we owe Sen. O’Leary a big thank you. To think the Governor will sign a letter is misguided. The airport comes under Federal reimbursements. Tonight we refer the issue, there will be no discussion.

• Councilor Milne asked if we could ask the Town Clerk to write the Sec. of

State and ask him to explain the issues of the language that is of concern regarding voters. There was a consensus that this be done and the Town Clerk will do it on behalf of the council.

• Pres. Joakim announced two workshops on Oct. 30th.

• Councilor Barton questioned the constitutional issue as well, especially with

the diversity issue.

• Councilor Milne noted the agenda had been changed to include public comment to be in line with this evening’s regular meeting of the Town Council. Milne also announced the upcoming charter commission meetings.

• Pres. Joakim noted that the exclusion of the comment period was basically to

get through the agenda swiftly to allow time for the workshop presentation. COMMUNICATIONS FROM ELECTED AND APPOINTED OFFICIALS: Councilor Munafo made a motion, which was seconded to vote to have the council confirm the moving of Precinct 6 back to the Horace Mann Charter School (formerly Marstons Mills East) for the Oct. 30th Recall Election. Town Clerk Linda Hutchenrider explained that there are no facilities that can house a polling place within the borders of Precinct 6, so facilities adjacent to the precinct must be used.

Town Attorney Ruth Weil stated that MGL does allow for polling locations to be in adjacent precincts. Councilor Milne made an amendment, which was seconded to move Precinct 6 back to the Horace Mann Charter School for the NOV. 4th Recall Election. Councilor Rugo said that it could not be done. Attorney Weil said in order not to belabor the issue, just vote on it. VOTE: 11 NO, 1 YES (Milne) on the amendment On the Main Motion VOTE: 10 Yes 1 abstain (one out of the room) To confirm the polling locations on November 4th – Councilor Munafo moved that Pr. 6 be at its polling location of the gym at Christ Chapel, Oak St.; and Pr. 7 be at the Cotuit Elementary School on Old Oyster Road for just the November 4th election (for traffic and safety reasons). VOTE: Unanimous in favor Councilor Farnham made announcements about West Barnstable Civic Association activities that include a train ride, candidate nights, etc. Councilor Barry announced a debate at Freedom Hall for next week. Matt Patrick and Carey Murphy will be at the Civic Association. Councilor Milne said the Selectmen/Councilor Association is opposing Question 1. Referral of Airport Item to Public Hearing 2009-033 - APPROPRIATION AND LOAN ORDER IN THE AMOUNT OF $2,704,862.00 FOR THE PURPOSE OF ACQUIRING REAL PROPERTY CONSISTING OF 65,608 SQUARE FEET OF LAND, MORE OR LESS, IN BARNSTABLE SHOWN ON ASSESSORS MAP 312 AS PARCEL 011 TO BE ASSOCIATED WITH THE CONSTRUCTION OF A NEW ACCESS ROAD INTO THE AIRPORT

Upon motion duly made and seconded it was voted to refer this item to a public hearing on November 6, 2008. VOTE: 10 yes 1 no (one out of the room) (It was noted that the sponsor is the Town Manager.) WASTEWATER WORKSHOP Town Manager John Klimm stated that many organizations are represented here. He thanked all present and the organizations they represent, who have helped to work on this. The panel present to discuss wastewater issues was comprised of: Sen. Rob O’Leary, Dr. Wayne Miller, Andrew Gottlieb, and Mark Ells. Manager Klimm stated that first Sen. O’Leary will speak. He thanked him for his statewide leadership on this issue. Klimm said O’Leary will explain the need for action and his legislation, which is now law.

Klimm said Andrew Gottleib, who is with the Wasterwater Collaborative and has been instrumental in us moving forward, will speak after O’Leary, followed by Mark Ells. Ells and Dr. Miller will update us on our progress. We are here to educate on this issue and seek policy guidance from the council. Senator Rob O’Leary said that legislation like this involves a lot of people. He said that Senator Murray and others helped. It is a statewide bill and southeast Mass. communities will be the largest beneficiaries if they choose to participate. This bill will open a pathway for the town to follow, if it chooses. We are going around to various towns speaking to them on this issue. There is a qualifier – It takes 10 years to access the money. Take a hard look at it. You have to decide whether this works for you. Andrew Gottlieb gave an overview of the state revolving fund. It is a 50 state program and each state gets a share. This replaces a grant program of the past. Massachusetts will have the 3rd largest revolving fund program. We use a leveraging model. It triples its money from the state by selling bonds. It is a strong source of funding. It provides a 2% loan for borrowing. The base program is a 2% program. The new program changes the program by providing a 0% piece for certain programs. The bill does not allocate funds solely to Cape Cod. It rewards communities who have taken steps to reduce nutrient standards – you can’t be in violation. Other criteria states you must be in line with the regional policy plans. You need to look at your land use. Flow neutrality is built into the legislation. This is a competitive process. You have to meet the 0% loan criteria, otherwise it is a 2% loan. You will have time to figure out what you can do to meet the criteria of the 0% loan. If you adopt Chapter 83A, as local option, you will get additional authority and financial options. You would have to mandate connecting to the sewer – all homeowners would have to connect. You would have the opportunity to restrict connecting to the sewer as well. You could borrow for longer periods of time. You could borrow for up to 50 years. You have two different options for the project in its entirety or in bits and pieces to make the best solution for your community. You would have to adopt 83A. Mark Ells and Dr. Miller gave a local update. Ells said there are two concurrent efforts going on right now, that includes the Comprehensive Water Management Plan and other planning at the Hyannis facility. Ells said they are looking at a comprehensive management plan for all the 5 town embayments. We need to get the nutrient levels down. We are looking at a 30 month timeframe to finish the plan. We are actively working on this and there will be a strong public component. We finished a plan for the Hyannis water pollution control facility. We are looking at the Wequaquet Lake and Stewart’s Creek projects as well as some changes to our facility.

We currently have sewering in Hyannis and part of Barnstable village, which is about 17% of the town. They are completing the Wequaquet Lake design, There will be about 13 months before final designs are ready. He explained they will be coming forward for funding in 2010. They are allocating 100% of the cost to the property receiving a sewer betterment. They are also looking to review an equitable allocation of treatment plant expansion to the customer base. Dr. Miller said, as the chair of the Board of Health, the board has long supported this issue. As far as the Wequaquet plan, we have an issue of the density of the housing, the septic systems, and a fresh water body of water. We are supportive of this going forward. With each new revision of Title V it is more and more difficult to approve a Title V in these areas. We have had to go for innovative Title V facilities. Tight tanks are expensive to keep. Some other systems range between $30,000 – 50,000. The cost for the sewer is less expensive. Miller feels we will not see this type of funding opportunity any time in the future. We have to take good corrective action to be in compliance with the Federal regulations. The Wequaquet sewering will help. Eighty percent of the nutrients in the bays come from the septic systems. The Board of Health looked at the estuary project. We adopted an interim regulation that imposes a septic flow rate for other areas in town. We hope to stop further damage to these areas. The board of health welcomes input. We need to start work on this as soon as possible. ----- Councilor Barry heard that it could cost $12,000 – $35,000 per betterment (household). Ells said the longer the timeframe, the greater the cost. We could, with the application we made, get a 2% 30-year program. Barry noted that something needs to be done since shellfishing is closed in many areas. Ells said we have a team in place and are working on this and we have multi levels of groups and individuals. We have 2/3’s of the money in place. Barry asked what kind of solution will the western part of town have. Ells said there will be a number of alternatives. Councilor Munafo asked what the difference would be in cost for a 30- year loan at 0%, and a 30- year loan at 2%. Mark Milne said he does not have the figures but will provide them. Munafo said we may get free money but will have land use regulations in place. We have to be sure of what we are doing. The Hyannis ratepayers are paying for expansion purposes that they will never use. They should not be. Somebody has to pay for it and it has to be a frugal decision. Dr. Miller said that the water body should not be filled with algae. That needs to be achieved. Title V benefits the environment as well as water quality. We have to be in compliance with the clean water act and that is the biggest thing – we have to try to correct that. Sen. O’Leary reminded the council about Bill Golden, who was running along the beach in Quincy, and took issue with the conditions of the beach. He filed a law suit and it resulted in

the creation of the NWRA. A Federal Court imposed the costs on the communities and the ratepayers. Somebody or something is going to say you are in violation and you will get a lot more expensive systems imposed. Gottlieb said you are at minimum a Class B, in the condition of the waters for fish and shellfish. He feels that once the science is in they will show that most south facing embayments do not meet class B. The DEP and others could take enforcement action on the communities. You can petition to downgrade your water body to class C. You make a statement that any given water body can no longer meet a swimmable standard. This would have widespread negative economic impact. Councilor Munafo said we either are or will be forced to do this. Gottleb said you need to have compliance with these standards. We are being forced to maintain a Federal standard, Munafo affirmed. Councilor Curtis asked if everyone around the lake will be sewered. Ells said Shallow, Bearses, Long Pond and Wequaquet will be in that area. We are not under a consent order right now. Councilor Milne asked if all 15 towns could leverage collectively and try to ensure faster action. Gottlieb said it must be consistent with a regional plan. The collaborative or county can not be the applicant. We can help you. Councilor Milne asked where are we now as far as possibly pulling Yarmouth into the discussion. Ells said we will try to keep all viable options in play. The Yarmouth administrator met with us months ago and we are evaluating whether Yarmouth connects in part to our facility and some discharge goes back to their community. We will keep you advised. Councilor Canedy asked if there is a list of projects going beyond Wequaquet. She knows of tight tank areas in Barnstable. Ells said in 2002 when the estuary plans moved forward, we went to MEPA and told them what we are recommending to sewer in Hyannis and other areas. All of the outlying areas (24) were deferred to the comprehensive plan. Canedy asked if the proposal would have a list of projects that would be accomplished. Ells said that will be a smaller piece of a larger problem. The south side doesn’t have the good flushing ability and the loads are not moving out. The northside has better flushing ability. He does not know what the end result will be. Ells said there is no less priority for Barnstable Harbor. Councilor Rugo said water is a problem and he thanked Sen. O’Leary. He asked if there are any model ordinances that you could point out to us on neutral flow. Is there a recommendation on how the town should go forward? Gottlieb said they will talk with Communities and Development and will make sure communities have guidance. He would refer the council to the commission and the options of what has worked and what combinations of authority put you in the best position. Rugo asked if we are too late to put Wequaquet into the 0%. Ells said they won’t fill in the interest rate until we are ready to go to bond. We need to find out where we are listed and where we are on the list.

Councilor Crocker directed his comment to Sen. O’Leary. Crocker said we need to build systems that work; we have built systems that are not good systems with Title V. Is it possible to produce legislation that would correct the design and straighten out flows in Title V? We have alternative systems but the flows are not accurate. Can we get the design flow correct? Sen. O’Leary said if you have concerns with DEP and the calculations, come see me and see if we can get something changed. We do want to do it right and don’t want to overbuild either. Councilor Crocker asked Dr. Miller about the public well supply. Dr. Miller said we do not have problems with the water supply. We have taken the steps necessary to protect the wells. We were not as aggressive protecting the estuaries, which is why we have some problems. Crocker asked if dredging the estuaries would help. O’Leary said they are narrowing down the window of opportunity on dredging, and it crosses the purposes. Dredging would help. We are trying to move more dredging forward. Crocker said if there is another option that will cost our people less it is worth exploring. Gottlieb said the plans look at a lot of other alternatives. Crocker asked if the revolving fund would be available for dredging. No, answered Gottlieb, because of the Federal regulations. Gottlieb explained the financing a bit more. Design is not an eligible cost, the planning is. Ells noted the costs for design of the Wequaquet Lake area and said the best estimates to build are around $34 M. President Joakim asked for public speakers. Steve Brown, from the Red Lily Pond Project (since 1973), stated that one of the things to consider is what is the cost of not doing this. He had over a hundred letters from people asking for support on this. He would be happy to represent them on any committee.. Lindsay Counsell, Ex. Dir. Of Three Bays Preservation, noted that we are looking at how we are going to shape our town in the next 100 years. We have exceeded the capacity of our land and what goes into the ground comes out in the water. People are getting more frustrated and they want to know when something is going to be done. Many of the people can no longer swim in the waters. Residents, who live next to the water, are thinking about going for abatements. How are we going to share the cost? We have done some studies on dredging and other issues. We need to get to it. Donald Schwinn lives in Cotuit Bay Shores. He shares a beach with about 100 other homeowners. We live on North Bay and have seen their beach turn from a beach to sea lettuce and weeds to our knees. We had a red tide in North Bay about 6 years ago. You many times cannot see 18 inches down in the water. We have residents who have lived here for 30 years. The decaying algae is settling and you can’t get rid of the muck. The estuary study has been completed and we hope that you will support the plan. You don’t want to be put under a consent order. You would not be eligible for the 100% funding. People and nitrogen go hand in hand. We need to figure out what are the solutions. How much does it cost? The plan will give you the idea of what is necessary. We don’t know what it will cost. You need to phase it so that it will be affordable. There is a problem, we have the tools, now is the time to move ahead.

Pres. Joakim is ready to wrap it up. Councilor Munafo asked about paying for it – he was thinking about finding a legislative solution that might possibly have the wastewater issues go under the jurisdiction of the fire districts. It would need special legislation. Sen. O’Leary noted that the districts do operate outside of Prop 2 ½, and said that it is interesting; and they do pass special legislation. Gottlieb noted there are a lot that do operate outside of the 2 ½. Councilor Farnham said this has been helpful. He was concerned about the 83A and the various impacts. His biggest concern is the impact of the cost to the residents. The people are also concerned about the maintenance as well. Invite the residents and hear the issues from the people and the uncertainties that they have. Ells said it is required of us as we move forward. We had citizens meetings and partnered with the papers. We have face to face meetings to work through their understanding. President Joakim announced that there is a committee that has been formed and will report back. . ADJOURNMENT Upon motion duly made and seconded it was voted to ADJOURN. Adjourned at 10:12 p.m.: Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


November 6, 2008

quorum being duly present, Council President Janet Joakim called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on November 6, 2008, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., Harold Tobey ABSENT: James Crocker, Jr. The Pledge of Allegiance was led by President Joakim, followed by a Moment of Silence. Update on school facilities – School Committeemen: Ralph Cahoon, Thomas McDonald and School Attorney William Butler Committee Chairman Cahoon stated that the Council has to approve the revised statement of interest to the School Building Authority. The School Committee chairman explained that a new school would be built at one of the school sites in Osterville, Marstons Mills or Cotuit. Committeeman McDonald said we were talking about the budget deficit and now we speak to a new school. The operating budget is one thing but a new school would bring savings by fitting 3 schools into one school. It would have efficiencies. All things being equal – we would have one site that would allow for reductions in staff and other areas. The numbers are just ball park figures. If it cost $20 M, and if it goes through the state, we would get 50% from them. We have $3M from the sale of the Grade 5 school; and a possibility of more monies from the sale of the Osterville property. On top of that, the bond for the Middle School will be coming off the rolls soon and we will basically not have to spend a lot of money for this building. We have to submit this statement by the 15th to the State. If we are eligible then we will come back and see if we want to go forward. Cahoon added that if we know that in 4 years we will build a new facility in the west, it will help us with the capital expenses in the near future as well and improve the other existing buildings. School Attorney Butler addressed the authorization and the motion.

A motion was made and seconded that the Town Council votes to authorize the Superintendent to submit to the Massachusetts School Building Authority amended Statements of Interest, or a new Statement or Statements of Interest, as the Authority may require, for the Marstons Mills Elementary School, Cotuit Elementary School, and Osterville Elementary School for the purpose of advancing to the feasibility stage in the process the building of a 500 pupil elementary school, allowing the School Committee, in the future, to close obsolete buildings, and that the Council further specifically acknowledges that submission of such amended Statements of Interest, or

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new Statement or Statements of Interest, in no way guarantees acceptance or approval of an application or the awarding of a grant or any other funding commitment from the Authority or commits the Town to filing an application for funding with the Authority.

• Councilor Canedy asked if the language is contradictory because it names the three

schools. Butler said it has not been decided as to which school would close – the Authority does anticipate the way the motion is stated. Butler said there will be a feasibility study, in cooperation with the School Building Authority. After the study is complete, the town must submit a specific proposal. Canedy asked if the Town Council would be involved. Butler said yes it would.

• Councilor Curtis said the building authority would fund part of the feasibility study and

she asked for specifics. Butler was not sure of the amount. Cahoon said the $3M we have set aside will be tapped for the study.

• Cahoon said we will make sure that everyone is kept informed. Curtis said a positive

vote will put us in the line for funding and they will say yes or no. McDonald said this puts us up in the line for potential approval.

• Councilor Munafo – asked what a 30 classroom school would cost. Cahoon said we

have no cost estimates because we don’t know which site we may use; because of lot configurations the costs and design would be different.

• Munafo feels we should stay with the neighborhood schools and fund them

ourselves.

• Councilor Milne asked if village character issues and such can be taken into account. Cahoon said if you are willing to pay for things – you need to follow the guidelines of the school building committee. We need to respect them and their program. If the town wants to maintain village schools then the town will have to come up with a lot more money initially and going forward.

• McDonald said we have to do business differently – he does not want to see village

schools go away – but we have to think outside the box.

• Cahoon said he feels it is more prudent and cheaper to operate if we consolidate. Redistricting is going to happen soon to save money.

• McDonald said we are working to be energy efficient. No study has been done so we

don’t know what it will cost…..the money will have to come from a bond. He feels we will save money on transportation.

• Canedy asked about the original statement of interest which was signed in April

2007.

• Mark Milne said the tax levy is about $2.5 M for all debt exclusions – it goes down a little each year.

• Councilor Barry said people are happy with the neighborhood schools. Seventy five to eighty percent of the school budget is for the teachers. Barry feels a better thing would be to spend the money in Hyannis at Hyannis East and build a large school there. Do we want to do what the SBA wants us to do or what the people want. From a political perspective we like what we have and want to keep it.

• Barton said this motion gets us in the door on a feasibility study and gets our place in

line.

• Munafo said as far as Hyannis Schools, they want to keep Hyannis schools as well.

• Curtis said this is difficult because it deals with your kids. Cahoon said it will be the citizens and council that will decide if the community wishes to raise money to support village schools. If the community cannot or is not willing to do that then they need to support another plan. You pay more to bandaid what you have.

• Cahoon said we set up an advisory committee and this was their recommendation.

The School Committee saw the logic and brought it forward. Something is closing no matter what you do. It is not cost effective to run the schools like we did in the 1950’s and 1960’s. We don’t have the money to fund all the schools.

• President Joakim said she had a daughter who was in 8 different schools because of

various issues and she still got a good education. We are allowing us to get in line for funding.

Councilor Barry moved and it was seconded, that the motion be amended by adding in Hyannis East Elementary School after Osterville Elementary School. Cahoon noted that this amendment is in conflict with the vote of the School Committee; and if it passes, it would kill this for this year. Milne asked why the School Committee couldn’t meet again before the deadline to take care of this amendment. McDonald said we considered Hyannis East during the discussions. We have to close schools, and were trying to be cognizant of the impact on this community. He asked the council to vote it up or down. Canedy asked about the 3 schools. Cahoon felt it was silly to amend at this point, when people have spent months studying this. To rehash this will just kill the proposal this year. VOTE ON AMENDMENT TO ADD HYANNIS EAST: 3 Yes 9 No VOTE ON MAIN MOTION: 9 Yes 3 No (Barry, Milne, Munafo) – It Passes. PUBLIC COMMENT

Mary Ann Barboza would like the homeless issue put on the agenda. Who does Cynthia Cole think she is. Many of the homeless were born and raised here. They are human beings. They are there because they lost their jobs and can’t pay rent.

Kathleen Eason thanked the town for the web reply. She presented documentation to the Town Manager.

Sidney Chase, Veterans Agent, said that West Main St. has a Vet Center that is only

for combat veterans for counseling. The VA Medical Center has moved from Falmouth Rd. to the Financial Place on Stevens Street and North St. On Tuesday, November 11, we will celebrate Veterans Day. He noted that we had a Presidential Election this week and the Veterans have kept you free to allow you to be able to vote. He invited all Veterans to come and march with us.

Al Baker noted that on 2009-014 things have changed as far as our economy. We

are spending a lot of money but we are heading for rough times and possibly you need to keep spending under control. You would not pass some of these if you were doing them in your own home. Baker also feels some airport money should come back to the town.


Councilor Munafo said as far as fiscal responsibility – we are talking about a separate tax that people wanted to pay and use for these specific purposes. I can’t hold it back when it is used for these purposes. It is not irresponsibility on the part of the council.

He also noted that most of the people receiving help are from other locations,

and that is documented. There are some other issues that are real. Homelessness is an issue that we need to address – we have to be compassionate on both sides.

Councilor Barton said that we have worked hard to make positive change with

public and private donations. Join and help raise awareness of this issue. She gave the councilors a report, and also noted that one out of every 4 homeless person is a veteran.

Councilor Milne asked the Manager to speak on the issue of the homeless.

He said it was a productive meeting and was heated (the meeting on the Main Street homeless held at the Federated church). It was good. We have become more or less a center for this need. The county discussed decentralizing this yesterday. We have a problem. All sides need to come to the table. A lot of folks have come here from far away because we provide services.

President Joakim feels we need to discuss this another time and the Manager

will address it at a later date.

Councilor Canedy said Hyannis is the hub of the Cape and has had a lot of revitalization and attention. With that comes a not so sweet side and the homeless are part of that. Maybe we need to seek a regionalization solution.

ACT ON MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of October 2, 2008. VOTE: Unanimous in favor


o President Joakim said the Veterans Day parade will form on the Town Green at 9:30 a.m.

o Councilor Milne asked about the School Committee appointment. He would like us to

look to the past and another process.

o Vice President Chirigotis noted that the charter in section 3-7, states that the President of the Council shall call a joint meeting of the school committee and council; and they shall choose. We are looking to schedule a date that is agreeable for all of us.

o Councilor Curtis noted that we have a tentative date of Nov. 19 Ruth Weil

suggested tentatively announcing the meeting. President Joakim said that it was tentatively set for Nov. 19, 2008 and once they get agreement with the School Committee, everyone will be informed.

o Councilor Barton said please inform the candidates.

o Councilor Canedy asked about the interview process.

o Councilor Milne asked for a packet on each candidate prior to the meeting.

o President Joakim thanked everyone for their help and support on her recent election.

ORDERS OF THE DAY A. OLD BUSINESS 2009-014 COMMUNITY PRESERVATION FUND APPROPRIATION & TRANSFER IN THE AMOUNT OF $108,000 FOR COMMUNITY HOUSING INTRO: 07/17/08, 08/21/08, 09/04/08, 10/02/08, 11/06/08 Laura Shufelt from the CPC said that the condo fees have been lowered. Councilor Farnham asked what the net costs were. Shufelt said the 1 bedroom is $109,200; the 2 bedroom is $121,600; then you would deduct $50,000 off of that. Councilor Munafo asked about the Growth Management Dept. and how are they involved. Shufelt said the BHA will be renting the facility. The Growth Management will be managing the affordability, and administering the monies. Upon motion duly made and seconded it was: ORDERED: That, pursuant to the provisions of G. L. c. 44B, the sum of One Hundred Eight Thousand and No/100 ($108,000.00) Dollars be appropriated and transferred from the proposed amount set aside for Community Housing in the Community Preservation Fund described in agenda Item 2008-161for the purpose of creating and supporting the purchase of affordable rental units, by the Barnstable Housing Authority, through the Town of Barnstable’s Inclusionary Housing Ordinance by allocating $50,000.00 per unit to buy down

the cost of two (2) units and $4,000.00 per unit for closing costs and legal fees of the two (2) units to be administered by the Town of Barnstable, Growth Management Department and authorize the Town Manager to acquire affordable housing restrictions, easements and other security on behalf of the Town. VOTE: 12 yes Roll Call 2009-033 APPROPRIATION AND LOAN ORDER IN THE AMOUNT OF $2,704,862.00 FOR THE PURPOSE OF ACQUIRING REAL PROPERTY CONSISTING OF 65,608 SQUARE FEET OF LAND, MORE OR LESS, IN BARNSTABLE SHOWN ON ASSESSORS MAP 312 AS PARCEL 011 TO BE ASSOCIATED WITH THE CONSTRUCTION OF A NEW ACCESS ROAD INTO THE AIRPORT INTRO: 10/16/2008, 11/06/2008 Bruce Gilmore, attorney for the Airport announced that he was able to enter into negotiations and came to an agreement. The parcel owned by a Mr. McGregor was a necessary piece. He gave some details where McGregor will retain partial ownership of the parcel, including part of the building that has two tenants in it. McGregor will take down part of the building. In this process we got rid of two relocation expenses. Gilmore commended McGregor’s attorney, Attorney Smith and McGregor, and also thanked Frank Sanchez, acting Airport Manager. This acquisition is being done cost effectively without litigation. Upon motion duly made and seconded it was voted to go in to a public hearing. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Unanimous in favor

Councilor Farnham asked if we should revise the amount on the order, since we will be spending less money. Gilmore asked him to keep it the same. The number will be less and there will be relocating expenses and legal costs. Farnham said we will have a lesser amount but does this become a piggy bank?

Frank Sanchez said what we don’t use will go back into our surplus. We are

not authorizing more than we will need.

Finance Director Mark Milne said this is an appropriation for only that acquisition. The remaining balance will go back. It is specific.

Munafo asked about the language of these purposes and other related

expenses. Gilmore said more appraisals will be needed for one thing. Attorney Ruth Weil said these purposes go back to the road; there are appraisal costs; and we put in this language with land acquisitions because there are other expenses related. Munafo is uncomfortable with eminent domain.

A motion was made and seconded to strike after to purchase, “take by eminent domain under chapter 79 of the General Laws of Massachusetts”.

Gilmore said this is a friendly taking. There is an agreement; eminent domain is a tool and with it you get a clear title. We want to make sure we have it lock stock and barrel. Munafo said it is too casual.

President Joakim asked if this amendment will cause a problem. Gilmore said

he hopes it will not pass.

Barry said we would be crazy to vote for this amendment. We would then have to spend money on title insurance. We can save money and protect our interest by keeping it as is.

It was agreed to move the question.

VOTE: 2 YES 10 NO ON AMENDMENT – it was defeated.

Curtis thanked Gilmore and McGregor. She asked if the council could find out what the end numbers will be.

Councilor Milne raised a Charter Objection.

Gilmore said we are on a tight schedule – this was the last piece. A delay will

have a financial impact on us. This is the access road.

Attorney Weil said the Charter objection is not in order because a vote had not been called.

Farnham asked from where the money will come. Gilmore said the FAA

wants an appraisal to support the lower number. The FAA said we will not have a problem.

Canedy said due to your work and friendly agreement I will support this.

Gilmore said he cannot quantify any delay. He also said that he can’t figure

the monies that a delay would cost.

Curtis said the residents have said traffic is an issue and the completion of this access road has been a first priority. I would suggest that my colleague reconsider his charter objection thoughts.

Rugo asked if we could gather a consensus on this. There was some

discussion on the ruling on the charter objection. Attorney Weil said you are only allowed one charter objection per measure and we had it; and it was not at an appropriate time, so you can vote on it.

Upon motion duly made and seconded it was ORDERED: that the Town Council hereby authorizes the Town Manager to purchase, take by eminent domain under chapter 79 of the General Laws of Massachusetts, or otherwise acquire for airport, transportation, parking and highway purposes a parcel of land located at 191 Airport Road, Barnstable (Hyannis) Massachusetts, described as Town of Barnstable Assessors' Parcel No. 312011,and further described as Lots 1, 2, 3, and 4, containing 65,608 square feet of land, more or less, as shown on a plan

of land entitled "Plan of Land in Hyannis, Barnstable, Mass. for Cape Investment Trust" by Charles N. Savery, Inc., Registered Engineers and Surveyors, dated January 16, 1972, recorded with Barnstable County Registry of Deeds in Plan Book 271, Page 33, a copy of which is filed with the Town Clerk, and to appropriate a total sum of $2,704,862.00 for these purposes and other related expenses, and to meet this appropriation, that $2,094,862 be transferred from Project # 0191A, and that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $610,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and to accept any grants or gifts in relation thereto. VOTE: 11 yes 1 no (Milne) Roll Call B. NEW BUSINESS 2009-035 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION – INTRO: 11/06/2008 Upon motion duly made and seconded, it was voted to refer this item to a second reading VOTE: Unanimous in favor 2009-036 ACCEPTANCE OF A $7,500 GRANT FROM THE BARNSTABLE COUNTY LAND MANAGEMENT GRANT PROGRAM INTRO: 11/06/2008 Tom Geiler said this is a $10,000 project and most of the cost is covered by this county grant. There are about 60 property owners who have already completed similar projects in the front of their properties. This is near the trail and access to the water. Councilor Canedy asked if these are truly invasive willows. Geiler said this is the Danforth property and where it crosses to Mystic Lake, we are getting rid of at least 3 trees. Councilor Barton said the stand of trees on the property is large and it keeps growing. Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a $7,500.00 Barnstable County Land Management grant to enable removal of some of the invasive grey willow from the shoreline of Mystic Lake at the Town’s Danforth property. VOTE: 12 yes 2009-037 ACCEPTANCE OF $2,500 FOR A FY09 GRANT FROM THE BARNSTABLE COUNTY LAND MANAGEMENT GRANT PROGRAM INTRO: 11/06/2008 Joanne Buntich, from Growth Management said we applied for this (Alisha Parker did the work). This is for walking trails and other improvements. Councilor Curtis thanked Alisha for her work, and said it was good knowing that we have staff behind us, who are working on these projects so that we will have access. Upon motion duly made and seconded it was RESOLVED, that the Town Council Town Council does hereby accept the Barnstable County Land Management Grant Program Award in the amount of $2,500.00. VOTE: 12 yes

Councilor Munafo wanted it stated that he had threatened at the past meeting to do a charter objection on 2009-033 but he didn’t. Therefore, he felt that Councilor Milne’s charter objection would have been appropriate. Attorney Weil said when Milne raised a charter objection, it was premature; therefore, she had ruled it out of order and that calling of a charter objection was the basis of the ruling. Curtis feels the vote was fine and there is no problem. President Joakim said the meeting will continue. 2009-038 ACCEPTANCE OF A GRANT FROM ARTS FOUNDATION OF CAPE COD IN THE AMOUNT OF $2,000 INTRO: 11/06/2008 Town Manager Klimm read the rationale. Joanne Buntich added that Kathleen Girard had also worked on this. Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a grant award in the amount of $2,000 from the Arts Foundation of Cape Cod to increase awareness of the Harbor Your Arts (HyA) programs. VOTE: 12 yes 2009-039 APPROVE THE CONSERVATION RESTRICTION BETWEEN THE MCCOWAN COTUIT TRUST-1992 (GRANTOR) AND THE BARNSTABLE LAND TRUST, INC. (GRANTEE) INTRO: 11/06/2008 Upon motion duly made and seconded it was voted to refer this item to a second reading VOTE: 12 yes Councilor Farnham called the assessor and wants a clarification on the impact on tax consequences on the above. 2009-040 APPROVE THE SECOND AMENDMENT TO THE CONSERVATION RESTRICTION BETWEEN CATHERINE M. CONOVER (GRANTOR) AND THE BARNSTABLE LAND TRUST, INC. (GRANTEE) INTRO: 11/06/2008 Upon motion duly made and seconded it was voted to refer this item to a second reading VOTE: 12 yes Late file 2009-041 – APPOINTMENT TO A BOARD/COMMITTEE/COMMISSION Councilor Chirigotis recused himself Upon motion duly made and seconded it was voted to refer this item to a second reading. VOTE: 11 yes Late File 2009-042 – ACCEPTANCE OF GIFT FROM WEQUAQUET LAKE PROTECTIVE ASSOC.

Upon motion duly made and seconded it was RESOLVED: That the Town of Barnstable hereby accepts a gift in the amount of $2,200.00 from the Wequaquet Lake Protective Association, Inc. for the installation of a new metal herring run gate at Phinney’s Lane. VOTE: 12 yes in favor TOWN MANAGER COMMUNICATIONS: Town Manager, John Klimm acknowledged the Town Clerk and her staff’’s work on the recent election. On the homeless issue, Klimm stated that he wants a separate discussion on it and did not want to be disrespectful to Councilor Barton. He was at the meeting regarding the homeless and Councilor Barton gave an impassioned plea. We need to bring closure by respecting all. We need to respect each other. Klimm added that last night there was a discussion on the school budget; and he will have much to say on the municipal side. We talk on the revenue sharing side of things, as far as a 60/40 split. He reminded everyone that 66 cents of every dollar goes to the schools which is more than the revenue sharing of 60/40. The School’s budget is higher than 60%. He announced that he is now writing a weekly ENewsletter and thanked those who have sent him comments. Pres. Joakim thanked Councilor Barton for her report. ADJOURNMENT Upon motion duly made and seconded it was voted to ADJOURN. Adjourned at: 9:50 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


December 4, 2008 A quorum being duly present, Council President Janet Joakim called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, December 4, 2008, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy (7:10), Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo (7:40), James M. Tinsley, Jr. and Harold Tobey. President Joakim led the Council in the Pledge of Allegiance and a moment of silence. Vice President Chirigotis recognized Custodian Donald Smallage, “a guardian angel who came to the aid of a fellow worker who was having a medical emergency and saved his life. Mr. Smallage was presented with a plaque. (See Exhibit A) PUBLIC COMMENT

• Catherine Richards spoke about the public schools. She is a BHS English teacher who works on an average of 10 hours a day. She is concerned by the recent deficit and its deleterious effect on the children. She asked if projects, such as road takings, could be put off. She felt the town should consolidate as well as the schools. She asked the board to consider town’s resources and do as much as they could for the schools in order to keep the current system in place. Even one or two million more would be a great benefit. “The children are achieving.”

• Cathleen Esen presented a series of concerns with regard to assaults, boycotts of business around Cape Cod Community College, the east end of Hyannis, and CVS stores Cape-wide. The victim is a homeless woman who was hit with a lead pipe which shattered her head and teeth.

• John Julius contested the statement at the last meeting from the owner of Burger King that his taxes go up annually. He said the Chairman of the School Committee has used millions of cash reserves. He suggested the creation of a Blue Ribbon committee, populated by some of the town’s brilliant minds, to help figure out the school’s financial situation before it’s too late. A poor school system will not attract new residents and many will move.

• Robert Tucker said there were still trucks without business plates transporting 15 or 20 ladders. He is quite concerned about ladders falling off trucks if they are not well tied. Unemployment is getting worse.

• Mary Clements spoke about the severe homeless issue. She was concerned about fire near some of the schools. She feels the NOAH shelter is operating a dangerous facility and affordable housing should be more available.


• Councilor Rugo thanked Mrs. Richards for speaking. Some road repairs, etc. should be put off until the economy changes.

• Councilor Barton has been an advocate for teachers but never realized how much work it is now that she is a teacher herself. She encouraged the public to provide input to the school committee and council. She explained that the town and schools have called upon experts from the outside for input. State budget cuts will have an impact on the school budget due to the mandates.

• Councilor Milne puts education on the top of what government should do. He asked the town manager to give a snapshot of how the town dealt with its reserves vs. how the school dealt with theirs. He pointed out that the town cannot tell the schools how to deal with their monies since they have an elected school committee to make those decisions. He favors a Blue Ribbon committee with the right people on it. He would like to know how a commercial property on North Street has had a 50% decline in its taxes.

• Councilor Munafo said in the past education was 25% of the budget and a good job was done. It is now 65%. “Where will it stop?” He feels the town is putting the dollars forward instead of maintaining roads, which need to be maintained so it does not cost more later on. Schools have to tighten their belts as the town has done.

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• Councilor Farnham asked if the truck with ladders issue is a concern. Chief McDonald said it is not illegal to secure ladders to the top of a truck or van. Farnham also requested from the schools a listing of services and programs as well as numbers of students who participate in each. President Joakim suggested he make an appointment with superintendent.

• Councilor Canedy feels there is a need to address the equity issue. Sixty percent of the monies go to schools, while 40% covers all other town services. She points out that the municipal side is facing a budget crunch and is reviewing budgets line-by-line. Many roads are public safety issues. The school department needs to look line-by-line at salaries, etc. Other communities are doing “friendly audits”. All need to cooperate to find a solution.

• Councilor Barry said a recent school presentation was good. Fixed costs – salary and benefits – need to be examined. He feels a long hard look at what went wrong needs to be taken, to determine why the school’s budget crisis happened so it doesn’t happen again.

• President Joakim pointed out that the budget is divided 65% schools and 35% municipal; the ‘savings account’ is split 60% schools vs. 40% municipal. The town is looking at a 5% across the board reduction this year. The council decided as a group that an override is not an option this time.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to postpone a vote on the November 20, 2008 minutes to December 18, 2008. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• President Joakim discussed the upcoming Massachusetts Municipal Association Conference with respect to budget cuts. The town will still pay the registration cost for any councilor attending the conference. Town Attorney Ruth Weil, in response to a question about being required to spend the funds, said the funds are set aside for education and conferences not specifically for the MMA; the council is not compelled to spend it. Munafo suggested nothing needs to be done. Barry asked about the collective costs but it depends on who will go.

• Councilor Milne thanked Councilors Barton and Joakim for attending the game. They presented the trophy to Falmouth at the 50 yard line. He also thanked the shellfishermen for getting the quahogs. He expressed appreciation to Councilor Barry for suggesting that the traditional gift to the winning town of cranberries to Barnstable vs. quahogs to Falmouth was unfair. Falmouth Sel. Kerry Murphy suggested quahogs for quahogs. He will bring Barnstable’s shellfish to Falmouth on Monday.

• Councilor Munafo would like public input regarding the water pollution control facility. • Councilor Barton offered to facilitate obtaining the information about school programs that

Councilor Farnham wanted. Finance Director Mark Milne said the school budget is on the school’s website. A meeting with the superintendent will be arranged. Barton also said that project In From the Streets is still taking donations.

• The following councilors announced the Christmas activities occurring in their villages: Farnham, Tobey, Crocker, Curtis, Barry, Canedy, Tinsley and Chirigotis.

ORDERS OF THE DAY OLD BUSINESS 2009-039 CONSERVATION RESTRICTION BETWEEN THE MCCOWAN COTUIT TRUST-1992 AND THE BARNSTABLE LAND TRUST, INC. Upon a motion duly made and seconded it was voted to postpone this item to February 5. 2009. VOTE: 12 Yes, I No (Curtis)

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2009-040 SECOND AMENDMENT TO THE CONSERVATION RESTRICTION BETWEEN CATHERINE M. CONOVER AND THE BARNSTABLE LAND TRUST, INC. Upon a motion duly made and seconded it was voted to postpone this item to January 22, 2009 VOTE: 12 Yes, 1 No (Curtis) 2009-043 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: COMPREHENSIVE FINANCIAL ADVISORY COMMITTEE Stanley Hodkinson, 123 Ensign Road, Centerville, to a term expiring 06/30/2009 BARNSTABLE HOUSING COMMITTEE Hilary V. Greene, 18 Valley Brook Road, Centerville, to a term expiring 06/30/2009 STEAMSHIP AUTHORITY PORT COUNCIL Robert R. Jones, 65 Pinewood Road, Hyannis, as the Town of Barnstable representative to a term expiring 12/31/2010 VOTE: Unanimous 2009-044 GENERAL CODE AMENDMENT – NON-CRIMINAL VIOLATIONS Upon a motion duly made and seconded it was voted to open a public hearing on this item at 8:06 PM VOTE: No objections Town Manager John Klimm gave the rationale. Upon a motion duly made and seconded it was voted to close a public hearing on this item at 8:10 PM VOTE: No objections Councilor Crocker asked Thomas McKean, Health Director, to explain what the pitfalls have been and why this is useful. McKean explained that if a violation is not corrected the only alternative is to bring the violator to court. The ticket is less costly all the way around and prompts the violator to correct the issue. They always issue a warning before issuing a ticket. The Board of Health is in favor. Councilor Munafo asked where the fine money went. McKean said fine money goes into the general fund. He also pointed out that there are already other code violations for which they are allowed to issue tickets. These particular violations have not had that option. Councilor Farnham asked how the fines work. There can be per day and per violation fines. McKean said they try not to take the per day route. They prefer to ticket per violation, with enough time allowed for correction. Att’y. Weil added that the non-criminal mode has been very effective for the town, and a common practice. 2009-044 GENERAL CODE AMENDMENT – NON-CRIMINAL VIOLATIONS Upon a motion duly made and seconded it was ORDERED that: Section1. That the General Code, Chapter 1, Article 1, Section 1-2

Enforcing Officials designated is hereby amended by deleting (8) and inserting in its place, (8) The Director of Regulatory Services and his designees;

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Section 2. That the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 1, Article 1, be amended by striking out section 1-4 and substitute the following,

“§ 1-4 Fines for violations of Health regulations Offense Fine Violation of Board of Health Regulations $100.00 Violation of 105CMR 410 STATE SANITARY CODE CHAPTER 2 MINIMUM STANDARDS FOR FITNESS FOR HUMAN HABITATION $100.00

VOTE: Unanimous NEW BUSINESS 2009-048 GRANT ACCEPTANCE OF FY09 911 DEPARTMENT SUPPORT AND INCENTIVE GRANT FROM THE EXECUTIVE OFFICE OF PUBLIC SAFETY Upon a motion duly made and seconded it was RESOLVED, that the Barnstable Town Council does hereby accept fiscal year 2009 911 Department Support and Incentive Grant from the Commonwealth of Massachusetts, Executive Office of Public Safety, State 911 Department in the amount of $148,130.00. Manager Klimm gave the rationale. Councilor Crocker asked Chief MacDonald for specifics. The grant amount based on number of 911 calls received. They have to be answered within 3 rings. This grant will give minimum staffing to answer the calls. There are 12 people, in three 8-hour shfts a day staffing the 911 lines. Ann Spillane worked on the grant. Councilor Canedy pointed out that this grant is state money and will not come out of the budget. It is dedicated to staffing, equipment, etc. Councilor Munafo thought charging for 911 was absurd. VOTE: Unanimous 2009-049 ACCEPTANCE OF FY08 GRANT FROM THE US DEPARTMENT OF JUSTICE Upon a motion duly made and seconded it was RESOLVED, that the Barnstable Town Council does hereby accept fiscal year 2008 Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice in the amount of $12,548.00. Manager Klimm gave the rationale. Councilor Munafo announced that he will never vote for the acceptance of federal grant money. Councilor Canedy pointed out again that this does not come from the budget.

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The grant is for the Mobile Data Terminal Systems in the cruisers. Ann Spillane wrote the grant. VOTE: 12 Yes, 1 No (Munafo) 2009-050 ACCEPTANCE OF FY09 COMMUNITY POLICING PROGRAM GRANT AWARD Upon a motion duly made and seconded it was RESOLVED: that the Town Council hereby accepts a fiscal year 2009 Community Police Program Grant award in the amount of $72,390.00 from the Executive Office of Public Safety. Manager Klimm gave the rationale. Councilor Crocker noted that this amount is a reduction from last year. Ann Spillane wrote the grant. Councilor Canedy added that it is not part of the budget. VOTE: Unanimous 2009-051 ACCEPTANCE OF FY08 BULLETPROOF VEST PARTNERSHIP GRANT FROM THE US DEPARTMENT OF JUSTICE Upon a motion duly made and seconded it was RESOLVED, that the Barnstable Town Council does hereby accept fiscal year 2008 Bulletproof Vest Partnership Grant from the United States Department of Justice, Office of Justice Programs in the amount of $19,875.00. Manager Klimm gave the rationale. Councilor Tobey injected some humor asking that the grant be extended to the council. Councilor Crocker asked about the cost of the vests. The vests covered are $800 apiece. Last year the department purchased vests for most of the personnel; this grant will be available to be drawn upon for 3 years. Councilor Barry asked what happens to old vests. MacDonald said the new vest is issue when old vest is returned. They go back to manufacturer. VOTE: 12 Yes, 1 No (Munafo) 2009-052 ACCEPTANCE OF FY09 STATEWIDE EMERGENCY TELECOMMUNICATIONS BOARD TRAINING GRANT FROM EOPS Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a FY 2009 Statewide Emergency Telecommunications Board Training Grant award in the amount of $25,450.00 from the Executive Office of Public Safety. Manager Klimm gave the rationale. VOTE: Unanimous 2009-053 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individual to a multiple-member board/committee/commission:

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STEAMSHIP AUTHORITY BOARD OF GOVERNORS Robert L. O’Brien, 41 Deacon Court, Barnstable, to a term expiring 12/31/2011 Councilor Curtis explained that there was a scrivener’s error in the expiration date of the term in the item as voted at the last meeting. The term was not 12/31/2009. A motion was duly made and seconded to suspend the rules and vote on this item this evening VOTE: Unanimous On Item 2009-053 VOTE: Unanimous LATE FILE 2009-056 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded this item was referred to a second reading on December 18, 2008. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS Town Manager Klimm announced that Barnstable will now be providing weights and measures services to the Town of Bourne, which is the tenth town to sign on to this service. Any property assessment question will be responded to directly by Finance Director, Mark Milne. The amount delegated to school department, 66 cents on the dollar, is a political question to be decided by the Council and School Committee. The use of savings account reserves is made by the Council and School Committee respectively. The town tries to save money all year to put into the savings account. How to divvy the pie is a Council discussion and a decision which is hard to make before the budget is before them. The School is ahead in this process because they need to start earlier in order for the town to fold their budget into the town’s overall budget. On the homeless situation, Klimm feels there is a need to air the issues. There was a community meeting as well as a second one headed by Sen. O’Leary to put in place a more focused program to help those in greatest need. Klimm rhetorically asked what Barnstable’s responsibility should be to take care of folks. Does that responsibility include Hyannis, the entire town, the entire Cape, all of southeastern Massachusetts, etc.? He feels it is unfortunate to be criticized by towns that do less than what Barnstable does. One hundred fifty of those serviced at the NOAH shelter come from Barnstable; hundreds of others come from elsewhere on the Cape and even more from off-Cape. He thanked Sen. O’Leary and Mary LeClair for their leadership. At that meeting Sen. O’Leary said that he has never read one letter thanking the Town of Barnstable for its compassion helping those in need. Councilor Farnham asked when the fee schedule will come before the council. Klimm said he would make the final decision and it will be made by the middle of next week. NOMINATION OF OFFICERS Assistant Town Clerk Lucia Fulco explained the procedure for electing the officers. A motion was made and seconded to waive the council rules and elect officers this evening. VOTE: Unanimous Fulco opened the floor for nominations for the office of Town Council President.

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Councilor Crocker nominated Fredrick Chirigotis. President Joakim seconded the nomination. Hearing no further motions, Fulco entertained a motion to close nominations for President, which was made and seconded. VOTE: Unanimous Fulco then opened the floor for nominations for Vice President. Councilor Crocker nominated Harold Tobey. Councilor Munafo seconded the nomination. Hearing no further motions, Fulco entertained a motion to close nominations for Vice President, which was made and seconded. VOTE: Unanimous Chirigotis for President: VOTE: Unanimous (Roll Call) Tobey for Vice President: VOTE: Unanimous (Roll Call) Incoming President Chirigotis read a proclamation to outgoing President Janet Joakim (see exhibit B). ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn the meeting at 8:53 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco Assistant Town Clerk

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January 8, 2009 A quorum being duly present, Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, January 8, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy (7:10), Frederick Chirigotis, James Crocker (7:15), Jr., Henry Farnham, Janet Joakim, Leah C. Curtis, J. Gregory Milne, James Munafo, Jr., Thomas Rugo , James M. Tinsley, Jr. and Harold Tobey. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence remembering the recent losses in the Farnham, Butler, and Chase families.

Report of the Coastal Resources Committee Robert Jones, Chairman of the Coastal Resources Committee was joined by members Dennis Houle, Conservation Committee; Tom Lavin, Special Projects Coordinator; Andre Sampou, recreational shellfisherman; and John Fallon, a property owner. Other members are: Jack Meade, Vice Chairman, Waterways Committee; Stuart Rapp, Shellfish Committee; Peter Maryott, Oyster Harbors Marine; George Gilmore, dock construction industry; John Nawoichik, commercial shellfisherman; Peter Sullivan, marine permitting; Sue Rask, wastewater professional; Patrick Princi, Planning Board; and Christopher Gargiulo, aquaculture grant holder. Jones provided some background information, reading item 2008-091 which was passed by the council. This item created a temporary recreational shellfish area and a shellfish relay overlay district that included a moratorium on the construction of docks and piers. He reviewed the history of the Camp, Dresser and McKee plan. Their goal is to develop a plan that is simplified and, unlike the current plan, easy to navigate. They envision condensed bullets for strategies and recommendations, as well as including redundancies, to make it easier to follow. The committee is currently collecting inventory and data. They have adopted the same six goals of the McKee plan and are attempting to use an appendix with digital mapping. The committee will attempt to recognize all the stake holders and acknowledge them in the plan. All the players need to be considered on a fair basis. Jones feels that all (shellfishing, tourism, etc.) is dependent on water quality. Eighty-five percent of the issues involve water quality. Early recommendations on moorings, etc. have been accomplished. The committee is about to enter the second stage of pulling data together. The final stage will be to provide recommendations. “Protect, preserve and play.”

• Councilor Canedy said she had not yet sent the promised letter re enforcement and her opinion on the charge of the Committee which would be expressive of her opinion and not necessarily that of the Council.

• Councilor Tobey thanked the committee.

Review of Kmart Plaza Lease Attorney Bruce Gilmore spoke about issues concerning the Kmart lease. He gave a history of the lease, which dates back to 1968. It is a public record and available from the Airport. He also gave some history on the jurisdiction of the plaza. It was ultimately transferred by the Department of Defense to the airport for airport purposes. In 1968 a 56 year lease (40 year with an option for a 10 year and a 6 year extension) was approved by town meeting and recorded at the registry. The original lease expired in 2008, and it is in the first extension. The lease has been assigned five times and has sold for millions. The current lessee has a $10M mortgage on the property.

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The current tenant wants an additional extension or a right of purchase. By law, if it is sold it must be to the highest bidder or if leased, to the lessor with the best terms. To do otherwise would be illegal. The council can do nothing but honor the lease. The 1968 judgments may have been flawed, but it was their best understanding. Gilmore concluded explaining that funds raised by the airport must remain with the airport other than to pay for services billed by the town. In the Retrix suit, they accused the airport of diverting funds to the general fund. However an audit showed it was not true.

• Councilor Canedy asked for confirmation that the rent for the lease was set for 56 years and therefore could not be renegotiated.

• Councilor Farnham asked about an FAA sign off. It was not needed for the lease but was required in the deed that dealt with the use of the property. Gilmore would like some legislative assistance to get some of these properties from the airport so they could be used for other public needs. Perhaps legislation could be filed in 2024 to accomplish this.

• Councilor Crocker pointed out that the lease was not bad business for the time. The lease was paying more per month than the land was worth back in the 1960s. It was an astronomical return for the time. Gilmore added that those people should not be unnecessarily criticized.

• Councilor Barton is appreciative for the clarification, so people don’t get a mistaken impression that funds can be used elsewhere.

• Councilor Milne asked whether the deed was transferred to the “residents of Barnstable.” Gilmore explained that there was an airport commission back then. The Airport Commission is an organ of the Town of Barnstable and the land was deeded to the Town of Barnstable Airport Commission. Jurisdiction or control is in the airport commission. He made an analogy to the School Committee who also has properties. When a school building in voted in excess, the school committee can transfer it to the town. Milne is hoping that there is a hole showing that the FAA doesn’t have its teeth in this property. Perhaps an angle might be found, with further legal pursuit that might at least return the $60,000.

• Councilor Rugo said that “a contract is a contract.” Gilmore added that he had sent a default notice about 10 years ago because the property was unsightly and the issue was rectified immediately. Rugo is enthusiastic that when the lease is over the funds might be allocated to the town. He suggested the airport should consider that in their business plan.

• Councilor Crocker pointed out that when a school committee gives real estate back to the town, it is only to facilitate the sale. The money from the sale goes back to the school.

PUBLIC COMMENT Jon Julius believes the figure was not $60,000 but over $100,000. He would like a copy of the lease to send to the AG’s office for clarification. He also suggested a plea to Sen. O’Leary to see if there is any way to get the money for the town. Does the lease have a provider clause? Paula Emerson Faye spoke of statements from the council that the town should not educate minority children. Closing the Hyannis East Elementary School displays to the minority community that Barnstable is a great place for hate. Mary Ann Barbosa also spoke of the closing of Hyannis East. She asked if this is an attempt to destroy the community so the new recreation center will not be available to the local children. She discussed many issues including the difficulty many minority families will have in transporting children to outlying villages, especially if they miss the school bus. The children will not be welcomed in other communities. Hyannis East receives less funding than other schools and it is the most diverse school. Graham Silliman, restaurant owner, also commented on the schools. Cape Cod Health Care has said that the quality of the schools is a problem in attracting health professionals. It also affects other businesses. He hired a chef and the discussion revolved around the quality of the schools. Schools are important to both the hourly workers and the professionals. It is a quality of life issue for the whole community. The schools already do a good job but are faced with unprecedented upheaval. He would like attention paid to the balance of upheaval within all the areas the council manages.

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Jeff Spillane, a surgeon at CCH, read a statement from physicians and nurses who have children in the schools. The closure will be harmful at the core affecting the vitality of the community. They are supportive of any effort by the council to solve this before the Cape becomes a ghost town. Preservation of basic educational services must be retained. Robert Tucker feels the town is not getting revenue from many people who have unregistered plates and no driver’s licenses. Barnstable is taking all the financial brunt of the homeless. Other towns need to contribute to that expense. Al Baker said that public comment is to allow for input. He was hurt by the lack of notice of an executive session this evening. He feels issues are not evenly spread out over meeting nights. Diane Fey said there is a highly paid school administrator who works one day a week in another town. She asks if this (double-dipping) is an Ethics violation. If that person’s salary is cut by one fifth, the school could keep another teacher on the payroll. COUNCIL RESPONSE TO PUBLIC COMMENT

• Councilor Tobey agrees with Ms. Barboza’s issue. He feels that closing a bilingual school servicing minority kids is not good. He will speak in favor of keeping it open. He has to complain but has no solution.

• Councilor Barry has a child in the Cotuit Elementary School. While there have been mistakes with union contracts, etc., schools are not being closed to pick on minorities or punish kids, but to deal with the infrastructure needs of the schools. The physical condition of the Marstons Mills West School is the best of any in town. Pulling the race card is not the way to solve the problem. People need to stick together as one community.

• Councilor Barton said that some other towns have contributed to Operation In From The Streets. Right now the school situation is a tough situation with depleting funds, which may be depleted more on both the school and town sides. People need to deal with the facts rather than the emotions and try to make the best of a terrible situation. She asked for documentation on the percentage of funding for each school and a confirmation of bilingual education in all schools. She said the school superintendent needs support for the wonderful job she is doing.

• Councilor Joakim worked for 4 years at Hyannis East and feels the issue isn’t race but need. She pointed out that the youth center was funded partly because of the demographics of the area. She also explained that many of the children living in the most incredible circumstances reside in that area. They rely on a hot breakfast and lunch at school, which may be their only hot meals; they don’t have transportation if they miss the bus, etc. It has been such an important place for the children. While some people think that there are hidden funds, there are none to use. All have been making cuts across the board. It is a difficult time.

• Councilor Farnham said the Kmart Plaza lease started at $7,500 per year when it was first signed and it is on file at the registry of deeds. It is clear and easy to read. A poor educational system is a negative impact on its economy. He clarified that there has been tremendous funding of the schools, not chronic underfunding. He suggested that rather than beat us, the public should beat on the legislators.

• Councilor Curtis concurs and understands the emotional impact of the change. There will be some community schools closed and she supports those hard decisions until there is a Plan B to replace the Plan A. The challenge is to develop programs for ALL the children in all schools. This speaks to the quality of education not the buildings occupied.

• Councilor Munafo said that the council’s woes are just beginning. They will do the due diligence and create a budget that is the best they can short of a Proposition 2 ½ override. Regarding the lease, the opinion that the money does not belong to the airport is personal preference. It is not so.

• Councilor Crocker observed that the medial community just went through much greater cuts. He did not think twice about bringing his mother to CCH despite the cuts. This is not the first time the school budget is being cut. All have something at risk and he will not lose focus.

• Councilor Canedy thinks Hyannis East is unique. She suggested the possibility of combining Hyannis East and Hyannis West. It will still be a neighborhood school next to the youth center. She liked the idea of a Blue Ribbon committee to look at reasons of how and why the town is at this place as well as to work with the school board, etc. The Town cannot give more money to

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the schools as the schools currently receive 68 cents of every dollar. All other options should remain on the table.

• Councilor Milne feels the neighborhood has given a soul to that school. It may be a benefit to have children from a lower economic area dispersed among students of all economic levels. He would like more details of proceeds from the sale of the Grade 5 school; details of the breakdown of the $3M savings from closing the two schools; a comparison of how the town approached the reserve savings compared to the school’s approach.

• Councilor Rugo said the school committee will accept a budget and deliver it to the council, who will then begin its deliberations. The council will have to decide whether to cut budgets for mowing, etc. and divert the funds to the schools. He would like to see the schools funded at a greater percentage.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of December 18, 2008 as written. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Lynne Poyant gave a power point presentation on the status of the Hyannis Youth and Community Center. (See Exhibit A) Interest by a professional hockey franchise, the Hyannis Storm Franchise, could gain the town $100,000 per year with no cost to the town.

• Councilor Munafo asked about a beer/wine concession. No this will be a non-alcoholic facility. • Councilor Farnham asked the level of ticket prices. Poyant said adult will be $10, children, $8.

It is a feeder league below the Providence Bruins. • Councilor Crocker asked if the lease will include a parking schedule and busing. There could be

thousands of people and the parking lot will be inadequate without this. • Councilor Milne felt given that everything else in the business plan is solid, the $100,000 could

go back to the town. Recreation Director David Curley said the $100,000 is not surplus. If the team pulls out or fails they would still be selling the ice time for holding other events. Milne said he hopes nobody wants to see the area of Hyannis East become a parking lot for the rink.

• Councilor Tobey sees the $100,000 as money to help the business plan, not extra money. Councilor Barton applauds the commitment to support the community. Councilors Joakim and Farnham announced upcoming activities in their villages. Councilor Barry stated that the current proposal was for full-day kindergarten, and it is free. The Cotuit gas station was bought by a grant. Councilor Crocker said the town is trying to attract such opportunities for the rink but not at the expense of the children. Curley explained that youth hockey numbers, for both boys and girls, are not down. He has a commitment from BYH to use five times more ice time. They will be using less ice time at other facilities. Councilor Barton said that in her various committees they have been discussing ways to help the town’s young people. A bill is waiting for the Governor’s signature and will create a Cape & Islands Committee on the Status of Women. Councilor Crocker complimented the Police Chief on an excellent presentation. Councilor Munafo invited anyone from the west side of Hyannis, who wanted their opinions heard, to contact him.

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Councilor Milne thanked Tom Lynch for his efforts on setting up a meeting on the homeless issue. He also questioned a subcommittee meeting that was posted as open and then went into executive session. President Chirigotis explained that the meeting, in open session, as is required, made a roll call vote to go into executive session. ORDERS OF THE DAY OLD BUSINESS – None NEW BUSINESS 2009-057 CONTRACT AUTHORIZATION FOR SCHOOL TRANSPORTATION Upon a motion duly made and seconded it was RESOLVED, that the Town Council authorizes the award of a contract for regular and extracurricular school transportation to First Student, Inc., as approved by the School Committee on December 9, 2008 for a term of 36 months beginning July 1, 2009 and ending June 30, 2012, with an option on the part of the School Committee, to extend the term for an additional 24 months beginning July 1, 2012, and ending June 30, 2014 Councilor Barton gave the rationale. Copies of the bid specifications were distributed. (See Exhibit B)

• Councilor Canedy asked if the company will provide drivers for special needs students and drivers with first aid capability. In addition, she was concerned about the language stating “reserve” rather than “demand” the right to require same. Attorney William Butler confirmed the language. Authority from the Mass Dept. of Public Health is required to administer EpiPens.

• Councilor Crocker asked about drivers, buses, fuel adjustment and council approval to extend for the additional 2 years. Butler explained that drivers are employees of the company but the school committee must approve them and can veto drivers. Buses will be new at the start of contract.

• David Anthony, Chief Purchasing Officer, said the town will fill the buses with town’s fuel in order to take advantage of the town’s bulk contract rates and the savings on sales tax. The tracking system in place will allow monitoring of fuel usage to make sure it is being used for town purposes. Anthony explained that the option to extend in the contract, as written, does not require separate council approval. Crocker would like the council to have a say in the extension. Councilor Munafo pointed out the contract language which said the council would approve the extension. Butler pointed out that the vote to approve the last 2 years is what is requested at this time. No municipal agency may enter into a contract longer than 3 years without council approval.

• Superintendent Patricia Grenier explained that the council votes the school budget as a lump sum and the school committee decides how to spend it. Att’y. Butler said there was a non-appropriation clause already in the contract. According to Butler, if the vote to allow the extension were taken at a later date, the contract would have to be rebid. The pricing is based on the potential for a 5 year contact, not the guarantee of it. Regarding the urgency to sign, Anthony said the award needed to be affirmed in January. Crocker observed that it could be taken up at the next meeting.

• Councilor Milne asked if the school committee will continue to pursue the in-house option. He is open minded and would like to know if it is advantageous. The school committee is interested in finding the best deal. In-house buses could be used for other town projects, during summers for activities, rentals, etc. However, the research could not be completed in the time remaining on the current contract. Milne appreciated the “out-of-the-box” approach to busing.

• Councilor Canedy asked if Councilor Crocker’s concerns were addressed. Crocker said “no.” Canedy then asked Att’y. Butler about some changes that would reflect Crocker’s concerns; Butler didn’t think any modifications of the contract could be made at this late date. Anthony stated that the school committee cannot vote on the potential of extending the next 2 yrs; only the council can do that. Canedy asked if the council would have a voice in whether the busing went in-house. Response: Yes

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• Councilor Farnham said the contract states that the school committee can operate its own buses. What does it mean? It refers to the short buses, the special education buses and the fleet of 13 buses that already operate in-house with employee drivers.

• Councilor Crocker feels the contract baited the bus company to suggest there could be a 5 year potential. Anthony reiterated that the bidder understands the only guarantee is for 3 years.

• Councilor Munafo said if the bus contract was a “deal breaker,” the only option to the council would be to vote down the entire budget. Butler agreed. Munafo would have liked to be able to read the contract prior to the vote and could do so if the vote were taken at the next meeting.

Councilor Munafo made a motion, which was seconded, to postpone the vote on Item 2009-057 to Jan 22, 2009. Chairman Cahoon said there might be an issue with timeliness – there is a 45 day window for approval from the date the school committee met on 12/9/08. Anthony would have to check with the IG’s office on the dates. Councilor Munafo withdrew the motion. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2009-057 VOTE: 11 Yes, 2 No (roll call) 2009-058 APPROPRIATION & TRANSFER ORDER FY09 PARKING ENFORCEMENT Upon a motion duly made and seconded this item was referred to a public hearing on January 22, 2009. VOTE: Unanimous 2009-059 SNOW & ICE OVERDRAFT ORDER Upon a motion duly made and seconded it was ORDERED, that the Town Council hereby appropriates the sum of $54,400 for fiscal year 2009 parking enforcement expenses, and to meet this appropriation that $54,400 be transferred from available funds within the Bismore Parking Special Revenue Fund. VOTE: 12 Yes, 1 No (Crocker) LATE FILE 2009-060 APPROPRIATION COMMUNITY PRESERVATION FUND FOR COMMUNITY HOUSING Upon a motion duly made and seconded this item was referred to a public hearing on January 22, 2009. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS Town Manager John Klimm commented on the use of the “savings accounts.” He asked Finance Director Mark Milne for a 5-year snapshot of how it has been used. The municipal side is between $1M to $2 M short, but there are savings. The municipal side is not in a budget crisis; the school is. Several years ago a partnership with respect to the surplus was established. Both were to be allowed to keep their respective surpluses and put them into a “savings” account. Each side has decided how to use their savings accounts independently. The schools get 60% and the town gets 40% of all new revenues. From now on the municipal budget will not be based on use of savings. Manager Klimm will ask the school superintendent if she will release a similar 5-year snapshot. On Dec 31 the town received a notice from the Governor’s Office regarding President-Elect Barack Obama’s economic stimulus package. The Governor asked every city and town to submit projects to his office, in order to be considered for funding, by Jan 8th. Klimm formed a team which has been working

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night and day to have a package ready. The team isolated $577 M of potential projects and submitted them to the Governor, in great detail – by deadline. “Talk about the audacity of hope!” No matter how much money the state gets, projects which have not been submitted will not be considered. Barnstable’s Task Force on individual homelessness received a $1,000 grant from the Cape Cod Community Foundation to fund a visit from an expert on homelessness. Vice President Tobey made a motion to go into Executive Session to conduct a strategy session in preparation for negotiations with non-union personnel and to conduct contract negotiations with non-union personnel and not to reconvene in Open Session. The motion was seconded. VOTE: Unanimous (Roll Call) Respectfully submitted, Lucia Fulco Assistant Town Clerk


January 22, 2009

quorum being duly present, Council President Frederick Chirigotis called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on January 22, 2009, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., Harold Tobey

A The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. PUBLIC COMMENT

• Guy Banner, Jr. was chosen as a representative from his neighborhood that has opposition to a person who is researching coyotes in his yard. The person (Mr. Way) is baiting the coyotes by placing meat in his back yard. Coyotes are yelping and they feel it may decrease their property values and be a safety issue for children and pets.

• Mary Ann Barboza referred to a comment made at the last meeting “race card”. She

feels individuals who use that are either naïve or a bigot. She said she has a big mouth but backs up her words. She gave examples of her action and work to get issues solved.

• Barry Pina spoke on the coyote study as he lives next door to the gentleman who is

doing the research. He asked who will be libel if a child gets injured or a pet dies. Coyotes run in packs and he is concerned.

• Al Baker feels any coyote study should be done in a safer place. The town employees

should forego a raise, since we are in tight times, if need be no more than 2 ½%. You are losing the village concept; you are losing it in precincts and now the schools.

• John Julius said the school budget needs to be cut, but are you cutting police? The K-

Mart leases should be turned over to the manager. About $200M will be collected by the airport and not the town. You need to break the lease and get the money into the town’s general fund.

• Robert Tucker said RI is working to pick up the cars that are not registered. They collect

revenues on these vehicles. We need to do this. Thank you for helping the homeless.

• Marcy Dugas feels closing schools should not be an option. Our children are too important. Seven villages are unique as is the education provided there. What are our children worth? Village schools need to be preserved.


o Councilor Canedy agrees with Ms. Dugas. o Councilor Canedy asked that Mr. Banner’s letter be reproduced for the

councilors – and if action is needed that it be done. o Councilor Munafo did meet Mr. Way and assumed he was living on a farm and

not in a neighborhood. o Manager John Klimm met with the Banners; and that while there is value to the

coyote research, it should not be done in residential neighborhoods. He will write the state to make them know that the State should not license such things in these neighborhoods. It is dangerous for children and pets. It becomes a quality of life issue. The research is great but not in backyards.

o Councilor Munafo hopes that some action can happen on the coyote issue. He

also agrees with the concept of no raises or limit them to 2 ½%. He said school closings are inevitable and mega schools are in the future unless we can become autonomous. People do want the neighborhood schools.

o Councilor Barton thanked everyone for action on the coyote issues. She

reminded the council that we charged the manager with the financial mission of keeping within the budget with the money we have. It is $6M that has to be cut from the schools and there is no easy way. She addressed the TAMS report and one of the suggestions from that report was that we close some schools.

o Councilor Curtis supports her colleagues. We look at fiscal responsibility and we

need a balanced budget. The status quo is not possible. Change is difficult. She will support manager action on the coyote researcher.

o Councilor Farnham said that Mr. Way is obsessed with coyotes. He thanked the

manager for his action and said the council will create an ordinance or whatever is needed to help the neighborhood.

o Councilor Barry said it is a sad day on the closing of the schools and he thanked

the teachers. It is a tough situation but it has been in the works for a while. Dr. Grenier had a report on the physical status of the schools and a lot of the schools were rated as a “3” (which was on a scale of 1 – 4 with 4 being the worst.) We don’t have a recreation area in Cotuit – they go to the school yard. We need to think about the needs of the community as we close schools.

o Councilor Milne would hope we could also sit down and talk to Mr. Way. Manager Klimm and Finance Director Milne have given us total detail on the budget. He does not understand about the numbers with the schools.

o Councilor Barton said the school can’t form a budget until they know how many

schools will close.

o Councilor Milne thinks this is a backwards budget approach. Think about the fire departments.

o Councilor Barry said in Cotuit, we don’t have a police officer, the school is

closing, no recreational areas, and all we have is a fire department. We want an ambulance where we are, our people are willing to pay for it, and we need that response time.

ACT ON MINUTES Upon motion duly made and seconded it was voted to move approval on the minutes of January 8, 2009 until the next meeting. VOTE: Unanimous in favor President Chirigotis asked for any changes to be sent to the Town Clerk. COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

Vice President Tobey announced the 10th Annual Heart and Soul event at the Senior Center on Feb. 14.

Councilor Crocker thanked the Chief of Police and Vice President Tobey for attending a

recent meeting in Osterville that addressed recent safety issues and concerns.

Councilor Barton went to the service at the Zion church on Sunday in honor of Martin Luther King. She announced that Operation in From the Streets received a grant from the United Way. Cape Cod and the Islands Commission on the Status of Women has been legislatively signed into order. Mass.gov/women is the website.

Councilor Farnham said the West Barnstable Civic Assn. had their annual meeting. He

thanked Kris Clark who stepped down as President after three years, and welcomed new president, Lee Ann Bergal.

Councilor Milne asked about discretion on the 3 minute rule. He thanked the Manager

for info on how the town and schools have taken care of the reserves. He wants feedback on the Finance Director interfacing with the Supt. of Schools.

Councilor Munafo said it would be a desire not to sell the schools. He received letters

from people who live on Pontiac Street because of the recent shooting and other issues in the area. Where do we stand with the area?

Police Chief McDonald explained how the police set up surveillance in the area. He

stated they were selling drugs on Woodland Ave which backs up to Pontiac. Yesterday the SWAT team broke in. We are hoping for a100% clearance rate. There will be marked increase in patrols.

Town Manager Klimm said he asked for this to be a priority. He said the chief has spent

a lot of time there recently. We also need to get more lighting down there.

Councilor Canedy announced an upcoming hearing on Feb. 9th that the planning board is having. She also noted that Pat Anderson stepped down as chair of Old Kings Highway and Bob Stahley will take over. She thanked all for the meeting on the Barnstable bulkhead today. The Barnstable Harbor dredge has started.

Councilor Crocker asked for clarification of councilors attending the planning hearing

and whether they should since they will be voting on the issue.

Attorney Weil said you could participate – these are complex matters. In most instances, if you were acting as judges, you couldn’t. You are approving the regulatory agreement so it is zoning. Councilor Crocker said he votes against it because of height and he will say it again. Weil said it is contract zoning so you are acting legislatively but not as a permit granting authority. If enough councilors attended the hearing to make a quorum then it would need to be posted-it is.

Councilor Farnham thanked the manager for upping the snow and ice budget. How do

we prioritize sanding and is there more product coming in? Mark Ells, Director of DPW said salt and sand are in short supply but we will get more. We treat the roads with a new blend before a snow storm that stays on the road, it has cut our need down.

Councilor Tobey said that we had a busy, happy week. The manager had an

inauguration viewing for some of the classes of Hyannis East and West on the large screens in the hearing room.

Pres. Chirigotis reminded all that we have a 3 minute rule and V-Pres. Tobey tries to be

lenient but we need to be fair and play by the rules. Everyone knows the rules when they arrive.

ORDERS OF THE DAY began at 8:25 p.m. A. OLD BUSINESS2009-040 - APPROVE THE SECOND AMENDMENT TO THE CONSERVATION RESTRICTION BETWEEN CATHERINE M. CONOVER (GRANTOR) AND THE BARNSTABLE LAND TRUST, INC. (GRANTEE) – Intro: 11/06/08, 11/20/08, 12/04/08, 01/22/09 Councilor Crocker made a motion, which was seconded, that the council withdraw this item without prejudice and ask the proponent to bring it back when they are ready to go forward.

Attorney Weil suggested that this be indefinitely postponed. Crocker withdrew his motion. Upon motion duly made and seconded, it was voted to indefinitely postpone this item. VOTE: 13 yes 2009-058 - APPROPRIATION AND TRANSFER ORDER FOR FY09 PARKING ENFORCEMENT OPERATING EXPENSES Intro: 01/08/09, 01/22/09 Upon motion duly made and seconded, it was voted to go into a public hearing for the purpose of discussing the above named item. VOTE: 13 yes It was requested that this hearing be continued to February 5, 2009. Upon motion duly made and seconded, it was voted to postpone this item until Feb. 5th. VOTE: 13 yes 2009-060 - COMMUNITY PRESERVATION FUND APPROPRIATION FOR COMMUNITY HOUSING Intro: 01/08/09, 01/22/09

Town Manager Klimm gave an introduction on this item. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing the above named item. VOTE: 13 yes Paula Schnepp from the CPC gave the rationale. Councilor Farnham questioned the source of the funds-housing or unreserved. Attorney T. David Houghton said this will come out of the unreserved funds of the Com. Pres. Fund. Councilor Milne asked if it could come out of the housing monies. Houghton said it would not be the better approach. Councilor Crocker asked if this would not be a legal expense under the housing component. Houghton said the set aside is for housing. It is more proper to come from the undesignated fund. Upon motion duly made and seconded, it was voted to go out of the public hearing. VOTE: 13 yes Councilor Canedy thought this would come out of monies that were set aside for the use of the committee. Is there any money left in the administrative funds?

Finance Director Mark Milne said there was $185,000 in that fund for 2009. He said you can take it out of unreserved or the administrative; he feels that you do have two options. Councilor Canedy moved to amend the item but first needs to clarify if the funds can come from administrative funds. Councilor Canedy also stated that she had trouble with a recently proposed project in the industrial park. She would like the councilors to be able to help on placement of affordable housing in the individual communities. Councilor Milne moved to amend the item by striking “set aside for unreserved funds” and replacing it with “set aside for administrative funds” Councilor Munafo reminded the council that we can’t amend these items, we can just vote yes or no. Councilor Joakim said we need to know why they are pulling what from where. Councilor Milne said unreserved funds are left for other initiatives. Councilor Crocker said it has been appropriated. He made a motion which was seconded, to postpone this item to the next meeting. Councilor Curtis said if they take it out of administrative funds they don’t have to bring it back. VOTE: 13 Yes Postponed to next meeting B. NEW BUSINESS 2009-061 - ACCEPTANCE OF A GIFT FROM THE BUSINESS IMPROVEMENT DISTRICT Intro: 01/22/09 President Chirigotis confirmed the number is 2009-061. Chief McDonald said this is a gift from the BID district. The cameras will go at the intersections of Center and Main, and High School and Main. Councilor Milne asked about a camera on the green (McDonald said there is one). Chief McDonald said we do want one at the far end of Main St. Councilor Canedy asked where the funds are coming from. They are coming from a 2007 grant from police and $12,000 from the town. Councilor Munafo asked if this pays for staffing. McDonald said the monitors will be in the area that is already staffed. There is room for them and they will be recording if there is a problem.

Councilor Curtis asked where the “town” money is coming from. Manager Klimm said it is coming from already appropriated and unexpended money that was set aside for this purpose. Councilor Joakim thanked Cynthia Cole for her work and efforts on the BID. Ms. Cole said that we have been able to do these things because the BID is funded by the property owners on Main St. We are privately funded and we could not do the work without the organization. Upon motion duly made and seconded it was RESOLVED, that the Barnstable Town Council does hereby approve a gift from the Business Improvement District in the amount of $12,000 to be used in partnership with the Town of Barnstable and the Barnstable Police Department for the placement of security cameras on Main Street in the Village of Hyannis. VOTE: 13 yes 2009-062 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Intro: 01/22/09 President Chirigotis confirmed that it is 2009-062. Upon motion duly made and seconded it was voted to refer this item to a second reading in February: VOTE: 13 yes Upon motion duly made and seconded it was voted to go in to Executive Session at approximately 9:30 p.m. for the purpose of discussing contract negotiations with non-union personnel and return to open session. VOTE: Roll Call – 13 Yes The meeting reconvened at 10:25 p.m. 2009-064 – APPROVAL OF CONTRACTS WITH TOWN PERSONNEL – Intro. 01/22/09 Upon motion duly made and seconded it was RESOLVED: that the Town Council confirms its approval of the following two contracts with town personnel: A. An extension of the contract with Town Manager John C. Klimm, from June 30, 2010 until June 30, 2015 with no cost of living increase in FY2010 at the request of the Town Manager. B. An extension of the contract with Finance Director, Mark Milne, from June 30, 2010 until June 30, 2015 with no cost of living increase in FY2010 at the request of the Finance Director. Councilor Joakim announced that this item reflects that Manager Klimm and Director Milne’s salaries will remain the same as they currently are with no COLA per their request and their decision.

A request was made by Councilor Tobey to divide the item. VOTE: On A – Roll Call – 12 Yes 1 No (Tobey) On B – Roll Call – 13 Yes ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. AJOURNED: Unanimous vote in favor at 10:36 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

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February 5, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order, despite a lack of quorum, at 6:35 pm, on Thursday, February 5, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry (6:45), Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., J. Gregory Milne (7:02), James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. ABSENT: Leah Curtis, Henry Farnham, Janet Joakim. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence.

Barnstable County Commissioners – Barnstable Update

Barnstable County Commissioners Sheila Lyons, Chairman, and Mary Pat Flynn, Vice Chairman, were present. Commissioner William Doherty was not present due to a conflict with a town meeting in his town. Both commissioners were very eager for the commission to be of service to the towns by looking at the larger issues that affect the Cape as a whole such as wastewater infrastructure, energy, economic development and transportation. Inroads have already been made to have the entire Cape recognized as a ‘regional’ green community, allowing the entire area to obtain the benefits of the Green Communities Act. The Commission wants to assist towns to realize their hopes and work in partnership with communities. They are open and anxious to receive any and all input. Lyons stated that it is “a new day.”

• Councilor Crocker spoke about sewers and the high DEP standards that require the building of larger structures in a place where most of the parcels remaining are small. The county has helped on sewer issues but we need more assistance to get the standard in line with the reality of building on the Cape. Lyons agreed and is willing to ‘phase in’ where the town cannot.

• Councilor Munafo was interested in cooperation and ideas for electric cooperatives and green energy. Lyons said that if they could get ‘green needs’ to be considered Cape-wide, all towns could take advantage. Efficient and effective transportation is also on their agenda,

• Councilor Barton encourages support of public transportation – part of a green response to get cars off the road. She also discussed Barnstable’s homeless issue exacerbated by people from elsewhere congregating in Hyannis. Lyons said that Hyannis is the urban area of the Cape and, with all the services located here, people gravitate to it. She is trying to “put her hands around it.” A possible solution might be to establish satellite offices in other towns.

• Town Manager John Klimm said the relationship between Barnstable and the county has become more important. He thanked both ladies for all their efforts. Lyons added that she is looking for partnership and not a dominant position. Flynn added that they will be working in the spirit of openness.

Councilor Canedy made a motion that the Council, as a whole, retire to executive session for the purpose of discussing land acquisition and to return to open session thereafter. President Chirigotis added that the council would return at 8:15 pm. The motion was seconded. VOTE: Unanimous (Roll Call) The meeting reconvened at 8:27 PM PUBLIC COMMENT - none COUNCIL RESPONSE TO PUBLIC COMMENT - none

ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of January 8, 2009 as written. VOTE: 9 Yes (Canedy out of hall)

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Upon a motion duly made and seconded it was voted to accept the minutes of January 22, 2009 as written. VOTE: 9 Yes (Canedy out of hall) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• Councilor Munafo wanted to know what the public or animal control can do about coyote activity in his neighborhood. Charlie Lewis, Animal Control Officer, spoke on the issue. He advised the public to cease feeding birds as well as feeding pets outside. Dogs should be kept on short leashes and not let out at night, etc. Coyotes are out 24/7. Making noise will scare coyotes and keep them from feeling safe around people. They are creatures of habit. He suggested people carry noisemakers, tin cans with stones inside, anything to make noise, including screaming at them to chase them away. Keep brush in your area cut down.

• Councilor Munafo asked about trapping. Lewis explained that trapping them is difficult but would have to be done by a licensed trapper with a hunting license. The hunting/trapping season runs from October to March. People would have to dispatch 75% of the coyote population every year to have an effect. If a coyote acts out of the norm and does not run off, it is becoming people friendly; this is a problem. Munafo thanked the school department, town manager and all involved, for shutting off the high school’s co-generation plant at night to help with the noise which can be heard for 1.5 miles.

• Councilor Crocker asked about Lewis’s interaction with the permit holder who has been trapping them and thought if the town were aware of his findings, it could ease the tension in areas where he is trapping. The permit holder is Eric Strauss and he has several others named on the permit. Strauss’s research is not public to the town.

• Assistant Town Manager Tom Lynch gave a brief update on the status of submissions for the stimulus funds. The town had an uplifting visit from the state as state officials are getting involved with the projects submitted. The funding to the state may be smaller than first anticipated. If town funding is already in place and the project is selected to be funded by the stimulus package, the town can reapply those town monies to other projects.

• Councilor Milne wants to know if the sidewalk on the southerly side of Ocean Avenue to Keyes Beach, that is now going to be replaced, would be constructed of material that would enhance the beachfront ambience. He would also like to create a mechanism to notify a councilor of any project in his precinct that requires certified mail notification to abutters. He appreciates the snapshot of finances for the town side and would like to see it for the schools.

• Mark Ells, DPW Director, assumed the sidewalk would be the same type of materials as others; right now it is in the permitting stage. Milne pictures something softer that would be in harmony with beach grass. Ells will look at other materials.

• Councilor Crocker attended the Horace Mann School Board meeting with parents. He commended all the attendees.

ORDERS OF THE DAY OLD BUSINESS 2009-039 CONSERVATION RESTRICTION BETWEEN MCCOWAN COTUIT TRUST-1992 AND THE BARNSTABLE LAND TRUST, INC. This item was withdrawn at request of the sponsor. 2009-058 APPROPRIATION AND TRANSFER ORDER FOR FY09 PARKING ENFORCEMENT OPERATING EXPENSES Upon a motion duly made and seconded it was voted to open a public hearing on this item at 9:05 PM. VOTE: No objection Councilor Munafo wanted a clarification of the cost savings and more description of the use of the cars throughout the town.

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Manager Klimm explained the kiosk system that will be implemented makes the van unnecessary. The smaller the vehicle used the better. This continues the movement towards energy efficient cars. This money is in the Bismore Park account and must be spent for park purposes. Tom Geiler, Director of Regulatory Services, explained why the Smart Cars were chosen. They will get 33 to 35 MPG in town. They don’t have good highway mileage, but they will rarely be on the highway. The Smart Cars are more in line with the reality of their usage in-town. Upon a motion duly made and seconded it was voted to close the public hearing on this item at 9:12 PM. VOTE: No objection

• Councilor Milne asked if the kiosks will help keep people from parking in the lot all day for free in the off-season when they go to the island. Locals can’t use these lots for short-term parking. Geiler said with the new system the town should take in $250,000 as opposed to $25,000. Parking will never be free. The kiosks are programmed for three rate schedules depending on the season. Milne suggested that the winter schedule maybe could treat the off-season for less than a 12 hr. stint. Manager Klimm said these can be recalibrated for time and cost.

• Councilor Crocker asked about the use of the $20,400 and the legitimacy of two cars coming out of the fund. Geiler said the $20,400 are for start up costs. The money from the parking fees goes into this special revenue fund so the expense for the cars is appropriate. Crocker feels it is stretching the issue by funding the cars from these monies especially when the cars go elsewhere in town.

• Councilor Tinsley, with expertise in the auto sales business, offered to be available to the department to evaluate vehicles, warranties, etc. There are vehicles on the Cape that could be used as passenger vehicles, with excellent warrantees. Mr. Geiler said they did not need passenger vehicles but need vehicles with high in-town mileage, which is rare. The revenue estimate is based on staffing. Right now there is only enforcement until 5 PM, but he wants to expand that. There will be regular patrols through the area; these can also go to other areas.

• Councilor Rugo asked about the revenue. The money collected for parking will go to the parking reserve fund and the ticket money to the general fund.

• Councilor Milne asked if the special revenue fund was restricted for parking related activities. Geiler said the fund could be used for repaving parking lots, etc. Klimm pointed out that there were more needs in the 10 year plan than can be addressed.

A motion was made and seconded to postpone further action on this item to February 26, 2009. Manager Klimm will present research on the Smart Cars or ask staff to attend the meeting. Councilor Milne pointed out that the item has been on the agenda since Jan 8th. To Postpone: VOTE: 8 Yes, 2 No 2009-060 COMMUNITY PRESERVATION FUND APPROPRIATION FOR COMMUNITY HOUSING Upon a motion duly made and seconded this item was withdrawn. VOTE: Unanimous 2009-062 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individual to a multiple-member board/committee/commission: PUBLIC WORKS COMMISSION Allen W. Morrisey, MD, 69 Country Club Drive, Cummaquid, to a term expiring 06/30/2010

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VOTE: Unanimous NEW BUSINESS 2009-063 GIFT ACCEPTANCE – SANDY NECK EDUCATION AND RESEARCH PROGRAMS Upon a motion duly made and seconded it was RESOLVED, that the Town Council, pursuant to the provisions of G.L. c. 44, §53A, hereby establishes an account for the purpose of receiving gifts to help defray the costs of the Sandy Neck educational program including, but not limited to, the maintenance of the town owned cottage called the Halfway House. Nina Coleman, Sandy Neck Park Manager, gave the rational. (See Exhibit A.) Rich French, Chairman of the Sandy Neck Board, discussed the changes made as shown in the photos. The house has been used for many years for educational purposes. He hopes the renovations will be completed by May. A local couple who were given a tour of the neck gave French a donation of $1,000. Since then they have had donations of labor and supplies but would like to establish to a fund. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2009-063 VOTE: Unanimous LATE FILE 2009-067 AUTHORIZATION OF A TAX INCREMENT FINANCING AGREEMENT Upon a motion duly made and seconded this item was referred to a second reading on February 26, 2009. VOTE: Unanimous President Chirigotis asked if the council would like to provide input regarding the wind farm. They have not been in favor of it in the past and have so stated in writing. The recent final Environmental Impact Study is incomplete, premature and has not taken concerns into consideration. Councilor Canedy said the council has addressed these concerns before. Chirigotis felt it was not moot and the council could write again. Councilor Curtis felt emergency response has not been addressed. A motion was duly made and seconded to write the letter expressing our lack of support for this project. Councilor Milne suggested going back 7 or 8 years and sending them a chronological package of all the letters that were sent. This would show that a variety of councils have been in opposition. On a motion made and seconded to attach the earlier letters: VOTE: 9 Yes, 1 No (Tinsley) On the main motion: VOTE: 9 Yes, 1 No (Tinsley) Upon a motion duly made and seconded it was voted to enter into an executive session for the purpose of discussing pending litigation and not return to open session at 9:55 PM. VOTE: Unanimous (Roll Call) Respectfully submitted, Lucia Fulco Assistant Town Clerk


February 26, 2009

quorum being duly present, Council President Frederick Chirigotis called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on February 26, 2009, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. Leah Curtis, Henry Farnham, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, Harold Tobey ABSENT: Richard Barry, Janet Joakim, James M. Tinsley, Jr.

A The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. President Chirigotis noted the passing of Attorney David B. Cole, and asked that he be remembered during the Moment of Silence. PUBLIC COMMENT John Julius stated that with the Town taking such parcels as Chili’s off the tax rolls, that he cautioned the council on the tax increment financing agreement. He also felt there was an error in the item on the location. He wanted to know how many jobs are being created, what is the percentage and for how long; and are both RAM Construction and F. W. Webb getting benefits? Not a good idea. John Doherty noted the planning of a regulatory agreement in the form of a large development in Hyannis. We need to adhere to what we have passed in the form of the zoning bylaws for the greater Hyannis and downtown areas. COUNCIL RESPONSE TO PUBLIC COMMENT: Councilor Milne thanked the speakers. Councilor Crocker had special feelings for David Cole and thanked Pres. Chirigotis for remembering him. We usually do not take these matters lightly (directed at Mr. Julius’ comments on the proposed TIF). Councilor Canedy invited her fellow councilors to subcommittee meetings for the Planning Board – the Hilton Hotel proposal is a complicated issue. LOCAL PLANNING COMMITTEE DISCUSSION Local Planning Committee members present: Matt Teague, David Munsell, Ray Lang, Marlene Weir.

Ms. Weir stated that the board hopes to get the comprehensive plan approved. This is just an opportunity to bring up a subject and work with the council for any further language changes.

Joanne Buntich, from Growth Management noted on the handout (See Exhibit “A”)

where the traffic neutral and sewer neutral language has been changed to accommodate the prior wishes of the council.

Buntich said we have a plan (LCP) that has been in effect since 1998. The adoption of a

plan is the first step. The implementation is left up to the boards and committees to choose to do it. The implementation is a secondary effort. This is a roadmap and a pathway.

Councilor Curtis questioned “poor levels” on the traffic neutral policy and who defines

that. Buntich said we took these issues because the council was concerned at prior workshops. She said there are professional standards that you judge these things. Neutral policies do not make it necessarily better but it cannot make it worse.

Ray Lang said it is not an easy decision to make and it takes a lot of input as to whether

something impacts traffic.

Councilor Barton asked why this says “poor”. Buntich said we will take the word out.

Councilor Munafo addressed the language that talks about the adoption of an ordinance which has not been passed. He does not feel comfortable putting ourselves in a timeframe of 12 months to create this. How binding is this on us?

Buntich said the 12 months was added due to a comment from the council at a prior

presentation. It does not require it, but is a suggestion.

Councilor Canedy said the old LCP was full of ordinance requests. She said it is a wish list and gives us guidance. She is not threatened – our decisions will make it an ordinance or not make it an ordinance.

Councilor Milne thanked all for their efforts. We are doing this as part of the Cape Cod

Commission Act and it is an off-shoot of the regional policy plan. We need to approve this and then it goes to the Assembly of Delegates for their approval. On the sewer neutral policy – how does the policy come in harmony with the getting of funding for this? What do you want us to do on this? Where is the end of the ball game?

Buntich stated that we don’t know what the language is going to be, or if it may be

amended. It has to adapt to the changing environment.

Weir said we will make final changes to the LCP and we would like the council to approve it. After it is approved, we suggest it be reviewed on a yearly basis. We have done our work, now it is in your hands.

Ray Lang spoke to the sewer neutral policy. The State and Federal governments are

now making monies available; and if we get something that would speed up applications, we would be desirous to change whatever is involved to go into a plan.

Attorney Weil said this is a planning document. This is a roadmap but is not binding. It

is based on the regional policy plan but there is flexibility. The action steps were because of the council’s concerns. It is not mandatory. It reflects goals to reach. It will go to the Commission and come back to you for a final vote.

Councilor Curtis said it has had significant input from the community. She asked if this

could come to the top of the list on one of our upcoming agendas.

Councilor Canedy made a motion that we place the LCP on a date certain and all amendments be made before or at that time. Pres. Chirigotis noted that we are going to try to get it into a final draft.

Councilor Canedy wants the council to assign a date certain for all proposed

amendments and a date certain for the approval of the LCP.

President Chirigotis agreed that we want to iron out the wrinkles and try to get it passed. Councilor Canedy moved again to have all amendments presented and placed on an agenda. A point of information was made by Councilor Curtis. Do we know how many proposed amendments there are? She would like a date certain. David Munsell noted that after the last meeting with the council, these two were the main issues – we don’t think there are too many other questions. It has to go before the Cape Cod Commission. The planning board would like to get on to the next step. After a brief discussion, Councilor Canedy withdrew all her motions. A motion was made to adopt the proposed changes:

o Buntich said that we will remove the word “poor “ under traffic neutral and will add words about the standards and under sewer neutral, they will acknowledge DEP or others as far as funding.

o Councilor Canedy addressed taking the word “poor” out. Does that mean if the

intersection was formerly an “A” but the proposed development reduced the rating to a “B” that may be reason for rejection of the proposal? She thought the focused concern was only on poor intersections.

o Councilor Barton said we want A’s to stay an A. Buntich said you will not find an A or

B there.

o Councilor Crocker said that these issues are paramount and the first skinning of the

onion. If this is a roadmap; if I care that this is a roadmap; I can’t support it. We talk about bringing forward a traffic neutral ordinance in the roadway systems. There are ways that people have worked around the bylaws. You want a cooperative system. This is to enlarge the taxable dollars in the taxable zones. Traffic is your nightmare. The uses that were in place have associated trips built into them. Sewer neutral is a good policy.

o Councilor Farnham has struggled with the traffic neutral policy. Traffic is an issue at the

airport rotary. The improvements made this year are very good on Route 132. We can make improvements. What about transfer development rights – possibly in these areas.

o Buntich stated that traffic neutral policy can be met in more than one way. She gave an

example.

o Ray Lang said we have never done a TDR and we cannot respond to that. It is a tool that we have not used.

o Councilor Munafo does not look favorably on either of the changes. We need an

outline on what the policies are; – he would like to see the last sentence in each of these be “shall” so it won’t tell us what to do.

o Councilor Canedy said action points are suggestions. “Shall be brought” should be

changed to “should be considered”. The Town Council should consider adopting (last sentence in the blue – refer to handout annexed hereto).

A motion was made to vote on the amendment. A motion was made and seconded to move the question. More discussion took place on various amendments. The motion to move the question was withdrawn. Some amendments to be considered were: that the traffic neutral refers to the roadways mentioned in the above traffic neutral policy. “Shall be brought” should be changed to ”should consider”; this should also be done to “the sewer neutral ordinance should be brought”. Buntich said we can remove the full last sentence of traffic neutral. After more discussion President Chirigotis asked to recess for the purpose of putting all amendments together so that the traffic and sewer neutral policy sections could be voted.

Upon motion duly made and seconded it was voted to go in to an Executive Session for the purpose of discussing strategy for negotiations for land acquisition and to come back into open session at about 8:45 p.m. VOTE: Roll Call – Unanimous in favor at 8:23 p.m. The meeting reconvened at 9:17 p.m. (Councilor Canedy left at the end of the Executive Session). President Chirigotis noted that 2009-058 - APPROPRIATION AND TRANSFER ORDER FOR FY09 PARKING ENFORCEMENT OPERATING EXPENSES – INTRO: 1/08/09, 1/22/09, 2/05/09/2/26/09 was being postponed to March 5, 2009. President Chirigotis also stated that they would be taking 2009-067 AUTHORIZATION OF A TAX INCREMENT FINANCING AGREEMENT - INTRO: 02/05/09, 02/26/09 out of order. Councilor Crocker presented the updated resolve. Joanne Buntich noted the members of the TIF Committee and gave the rationale.

• This authorization would move an EOA from one area to another. There are currently over 1,000 TIF agreements in Massachusetts. It is between the town, the state and the business. F. W. Webb has grown from 9 to 25 employees. They had the chance to buy the Mill Store, and they need the space.

• Councilor Milne asked what kind of jobs and pay. Buntich directed the councilor to a

handout (See Exhibit B) that shows the salaries to be about $75,000. The current building would be purchased by another company that will also have employees.

• Buntich said there is a reporting requirement. We are ready to monitor them. The

company is ready to report since they have done this before.

• Councilor Munafo asked for an explanation of incremental growth. You start with a base tax valuation – in this case FY2010 - and that valuation goes up by a formula and the difference between the current and base valuation is the incremental growth. What happens to the money? Does it just vanish; or is it going to be redistributed to other taxpayers to pay for the TIF.

• Jeff Rudziak, Director of Assessing, noted that this gets diluted in the general tax rate –

what is added in value is in this percentage over time. If you have a single rate – everyone pays it. Councilor Munafo said that he does not like to increase taxes on anyone.

• Councilor Crocker stated that the taxes that are paid now are being paid and will

continue to be paid.

• Rudziak commented that the building and land is taxed. They can build something

larger and will pay 65% on that addition.

• Councilor Milne looked at the positive value of the new jobs to the community.

• Councilor Curtis asked when the jobs would come on line. (Breakdown on the handout).

• Buntich said EOA can be declared in the future at that or other parcels. Each project is

then made a special EOA. Councilor Farnham explained the EOA. Farnham referred to the exhibit – it shows that it encourages growth. It is a good program.

• Councilor Barton asked about the employees and where will they look to get them.

They will try to attract residents. They train and move people upward.

• Councilor Crocker noted the answers to the questions brought up at public comment earlier in the evening.

• Buntich said communities are aggressively pursuing companies and we have to remain

competitive. We are expected to do this. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded, it was RESOLVED, That the Town Council of the Town of Barnstable delete the property at 108 Breed’s Hill Road, Map 312, Parcel 31 from the previously approved EOA for the Route 132 area; Designate the 108 Breed’s Hill Road in Hyannis and shown as the land described in Barnstable Assessors’ records Map 312, Parcel 31 as an Economic Opportunity Area designated as “F.W. Webb Company Economic Opportunity Area” (the EOA”), Approve the Tax Increment Financing Agreement between the Town, F. W. Webb Company and RAM Construction, LLC, substantially in the form as presented to the Town Council (the “TIF Agreement”), and the Tax Increment Financing Plan pursuant to GL c. 40 Section 59, and which EOA, And authorizes the Town manager to submit an Economic Opportunity Area Application, Tax Increment Financing Plan and TIF Zone, TIF Agreement, and Certified Project Application to the Massachusetts Economic Assistance Coordinating Council all relating to the project as described in the TIF Agreement to be located in the F. W. Webb Company Economic Opportunity Area and to authorize the Town Manager to take such other actions as may be necessary to obtain approval of the Certified Project Application, the Economic Opportunity

Area, the Tax Increment Financing Plan, TIF Agreement and TIF Zone and to implement the TIF Agreement. VOTE: 1 No (Munafo), 8 Yes - Passed NEW BUSINESS2009-065 ACCEPTANCE OF $1,000 GRANT FROM THE CAPE COD CHAMBER OF COMMERCE – INTRO: 02/26/09 Manager Klimm gave the rationale. Upon motion duly made and seconded, it was RESOLVED: That the Town Council hereby accepts the grant award in the amount of $1,000 from the Cape Cod Chamber of Commerce for the marketing and promotion of Harbor your Arts. VOTE: 9 Yes Unanimous 2009-066 APPROPRIATION ORDER FOR CEMETERY EQUIPMENT - INTRO: 02/26/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing to be held on March 5, 2009. VOTE: Unanimous in favor to refer 2009-068 APPROPRIATION ORDER FOR THE VETERANS’ BENEFITS BUDGET – INTRO: 02/26/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing to be held on March 5, 2009. VOTE: Unanimous in favor to refer 2009-069 FY09 APPROPRIATION ORDER FOR CLEANUP COSTS - INTRO: 02/26/09 Councilor Farnham asked if there are insurance funds or third party culpability. Upon motion duly made and seconded, it was voted to refer this item to a public hearing to be held on March 5, 2009. VOTE: Unanimous in favor to refer ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of February 5, 2008 with the following corrections: Councilor Milne said on page 2, ¾’s down , where he spoke in the 5th bullet, second line –going to be replaced should not be there, there has never been a sidewalk. It should say now being proposed. Two lines below that 3rd word, it should say in his or her precinct. VOTE: Councilor Curtis and Councilor Farnham abstained (they had both been out of town at the last meeting); all others voted in favor of approving as amended.

LATE FILE 2009-073 – NSTAR & VERIZON NEW ENGLAND, INC – EASEMENT ORDER INTRO. – 02/26/09 Upon motion duly made and seconded, it was voted to refer this item to March 5, 2009. VOTE: Unanimous in favor of referral. LCP – A new version of the LCP amendments was presented, that included the amendments discussed earlier in the evening. Three small changes were made to this document: word “poor” was crossed out in the traffic neutral policy; the last sentence under the sewer neutral policy should read: If adopted, the sewer neutral and nitrogen limit policy may be amended from time to time to incorporate changes made necessary by policies, definitions or regulations adopted by the Commonwealth or the Cape Cod Water Protection Collaborative. A motion was made and seconded to accept the language as amended in blue. VOTE: 3 No (Crocker, Farnham and Munafo) 6 Yes - PASSED COUNCILOR COMMUNICATIONS

Councilor Munafo thanked Lynne Poyant for her help at the Senior Center. He also thanked the School Department, Patricia Grenier and Tony (no last name given) for the muffler that was put on the cogeneration plant – it has been great.

Councilor Milne thanked Joanne Buntich for speaking at the Hyannis Civic Association

meeting. He re-stated that he would like an update from the schools on how reserves have been used in the past. And, he also would like an update from the Manager on the airport expansion and the way the process works.

Councilor Crocker thanked the manager. We have a series of issues and we need to

take caution.

President Chirigotis said that we not only mourned the passing of Attorney David Cole; but we now will create a special committee to find and appoint a new Cobb Fund Trustee.

TOWN MANAGER COMMUNICATIONS Manager Klimm said that he has requested from the schools an analysis of savings and the other request on reserve spending. There is a need for renovations at the airport and we support conceptually the project; but there were 19 conditions that need to be met. We need a firm commitment that the funding is concrete. Not all preconditions have been met. Manager Klimm also stated how sad the town is over the loss of David B. Cole. Klimm said that he will forever miss his intellect, honor, integrity and love for the town. Klimm asked that the DPW Director, Mark Ells, give an update on the Barnstable Harbor. Ells explained that there are 3 viable alternatives at Barnstable Harbor – all steel, steel/stone and

stone. We will move forward with all steel. The steel is the more costly – the funding is not there to move forward. We need a funding mechanism. We are looking at all alternatives. There is risk involved – we will keep you advised. Councilor Curtis asked what is the most dangerous time of the year when more damage can occur.- what risk we are running by not fixing it. Ells said the timber at the south end needs to be replaced and you can’t gauge how long it will last. We have reinforced the area. Some repairs can be made. He could not say when the most dangerous time is – they will continue to monitor it. Councilor Farnham asked if there is a parking impact. The steel option would keep the current parking. You lose parking when you go to stone. Councilor Crocker asked if he is going to get permits for both and go with what you can get funding. Ells said we are funded to go one design one permit. We will find out about possibly doing 3 permits. We need a short term funding. Ells said if we go in-kind/in-place we will be fine. Councilor Munafo asked about comparisons. Ells said the useful life 20 – 40 or more range. Steel vs. stone have similar lives. We have varying opinions on costs. Klimm thanked those who came to the public hearings etc. Manager Klimm announced that there is a flood insurance workshop coming up on March 19th to help residents reduce home insurance cost. He also welcomed Scott Lajoie as the new Cynthia Cole. Councilor Rugo asked about the status of the new monies from the Feds. Klimm said we are in daily contact with the state delegation. There are many lists. The school will get some monies for special ed. ADJOURNMENT Upon motion duly made and seconded, it was voted to go in to Executive Session for the purpose of discussing personnel negotiations, and not to return to open session; at 10:43 p.m. VOTE: Unanimous Respectfully submitted,

Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

NEXT MEETING: March 5th

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March 5, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order, despite a lack of quorum, at 7:00 pm, on Thursday, March 5, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, and Harold Tobey. ABSENT: James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT John Julius asked the council to correct the map and parcel designation on the TIF to 324-024.002. He said that according to Item 2000-050 all meetings of the Council, School Committee and elected multiple member bodies had to be televised. A recent meeting of the Airport Commission was not televised and the videographer was not admitted to the hall. He also asked about the Airport’s attorney re-signing the KMart lease for $60,000 when the property could bring in much more. He is putting together a lengthy packet for Michael Sullivan. He will ask again next week. John Alden, reminded the viewers of the March 12 public hearing on the proposed Charter. The Commission would like to gather voter comments. He also asked what would be saved by closing down schools when it will add to transportation costs. It seems like it could be wasted money. Robert Tucker said that money is going out of the town and government from people who are not supposed to be here, taking the jobs and not paying the taxes. Money is also going overseas. It has got to be stopped.

School Committee

In Attendance: Francis McDonald, Chairman Ralph Cahoon, Thomas McDonald, Patrick Murphy, Superintendent Patricia Grenier and Asst. Superintendent Marie McKay. Mark Milne, Director of Finance, gave the Financial Outlook & FY2010 Budget Planning. See PowerPoint Exhibit A)

• The Savings Account, 4.7% of revenue, is not expected to be used in FY10 • Assessments are mostly retired teachers retirement payments, for which the town is

billed. An increase in retirees will increase the assessment. • Town investments cannot be long term to keep the needed liquidity, but short term

interest rates are lacking. • Property tax growth will go to cover increase in municipal and school operational

costs. • State aid is based on the Governor’s proposals. The House and Senate budgets are

not done. • Pensions have been hit hard by the market and the town’s assessment will double. • Veterans benefits are up due to the number of vets also losing jobs. • If labor contracts, health insurance, fuel costs, etc., continue to rise, the revenue

will not cover them. • Pension reserves cannot be used for any other purpose. • If the town is unable to generate savings, the savings cannot be spent.

Chairman Cahoon asked about the effects of the stimulus money. Milne said it will be for Title 1 and Special Education but with strings. He could see a one-time shot of about $2.5 M. The

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schools are ineligible for other funding since our foundation budget is less then net school spending requirements. Assistant Town Manager Thomas Lynch said most of stimulus for the town is for capital improvements, not operating money. Some grants are opening up for energy efficient vehicles, etc. They are monitoring every one. If the grant notification meets a priority, they can go after it. Councilor Milne asked why it was just a one or two year grant for the Special Ed. Finance Director Milne explained that it was not a sustainability program. Cahoon added that they can’t develop programs that then have a legal responsibility to continue beyond the funding. They need to know the ground rules which are not out there yet.

• Milne also asked what the County Retirement Board’s purpose is if they are no longer managing the investments. Director Milne said they manage the checks and paperwork. It’s just the investment aspect that is now controlled by the state.

• Milne brought up the quarterly tax billing and asked how many taxpayers have chosen not to adhere to the payment schedule. Director Mark explained the benefit of breaking the tax into quarters which lets the town invest it and make money. He will analyze how many have not paid the tax on time.

• Milne asked about the monies from the sale of the Grade 5 School and the Car Quest property. Cahoon said the money from the Grade 5 sale is limited to use for capital improvements – big ticket items. He wants to re-empanel the building advisory committee to look at major capital improvements needed and make recommendations. Milne appreciates the school’s commitment to not use savings.

Councilor Joakim asked if grant money would be given to people who might be laid off. What about funding the unfunded mandates? Superintendent Grenier said the Federal stimulus money is coming as a grant. Supplanting, paying with a grant something that has been paid previously by operating money, is not allowed. The school could not use Title 1 funds to fund the salaries of elementary teachers cut. She would like relief or relaxation of some of the use of the funds with supplanting not tied to it. She will know more in April after attending a webinar to learn about the stimulus funds. Joakim added that it could be looked at as putting off the laying off. Councilor Barry asked when the Marstons Mills School will become surplus property. Cahoon said the School Committee has not discussed what to do with the property. They have to be careful in letting it go because they may want to expand down the road. Maybe they would lease it to get revenue in the short term. Ultimately it will be a group decision with the Council. Councilor Crocker said providing special needs services may cause people to come in (to town) to receive them. Other school systems may need to become more active in providing special needs services for their towns. Councilor Rugo asked what the hard dollars were that increased the health insurance costs over the last three years. Cahoon said the superintendent made a presentation on this issue and she can provide it. Councilor Canedy asked for the reserve fund history and was told it will be provided. The cost savings from school closings is about $3M. Canedy asked if the closing of schools and keeping Hyannis East open has changed the plans for capital expenditures. Stimulus help toward capital funding is anticipated. Cahoon said the re-empanelled building advisory committee will look at the long term capital projects. In the short term, Grenier will look at capital improvements. Other school projects were submitted to the Governor through the town’s submission. COUNCIL RESPONSE TO PUBLIC COMMENT

• President Chirigotis said the council had already prepared a late file to correct the map/parcel error in 2009-067.

• Councilor Barton reported that the School Committee anticipates fewer buses will be needed because they will redistrict taking into account that some of the students who had been going to MME were not from Marstons Mills.

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• Councilor Milne said the Airport Commission falls under the requirement to televise meetings and they should be televised. Mr. Santos ordered the videographer not to come. He feels this is reprehensible and there should be some council response to reprimand the behavior. On the Charter hearing, he urges the voters to attend and give input which is important to the passage of the document in November.

• Councilor Farnham heard a detailed presentation by Att’y. Gilmore on the KMart lease. There is a built in automatic extension unless the lease is in default. The lease did not expire and it is an automatic renewal.

President Chirigotis took Item 2009-069 out of order. 2009-069 APPROPRIATION ORDER FOR CLEANUP COSTS Upon a motion duly made and seconded a public hearing was opened on this item at 8:25 PM. VOTE: Unanimous Superintendent Grenier gave the rationale. She added that a risk management firm was hired to do soil testing in the playground and other above ground areas. As a result, the School Committee must pass a policy never to grow vegetables on the grounds because the chlordane could get into them. Ass’t. Manager Lynch added that the cost is $231,904. The council’s reserve fund will be replenished first, at the end of FY09, with excess revenue. Upon a motion duly made and seconded the public hearing was closed at 8:31 PM. VOTE: Unanimous

• Councilor Milne commented on the volume of the contaminated area and asked why the funds were not coming out of the school reserves, which are over $1M. Grenier explained that, the clogged drain kept the bulk of the oil in the basement. Lynch explained that some reserves would be used in the FY10 budget. The thought was that the town could help out because this was an unforeseen occurrence.

• Councilor Farnham asked if insurance, grant monies, or 3rd party culpability could be tapped. Lynch said insurance was explored by David Anthony. There is no way to know who the culprit might have been. There might be Brownfield grant possibilities but it is unlikely.

• Councilor Munafo asked about the cost allocations. Ninety percent of the expense is for the chlordane clean up. The oil came into play because reports had to be written on that as well and it became packaged in with the chlordane. Grenier gave particulars of the costs, reviewing each billed item.

• Councilor Crocker explored when expenditures were made to determine what applied to FY09 as well as the portion of the cost relating to the chlordane; the oil was found in FY 08. Grenier said it was going to cost $50,000 to close the oil piece. But when the retesting was done, the chlordane was discovered, which required its own process. All bills have been paid and they are all in FY 2009. Clean Harbors was paid in FY08, but none of that cost is in the current amount requested. Crocker would like to see them use their own savings to accept the shortfall.

• Councilor Canedy suggested splitting the cost. Lynch said it had not been discussed. Grenier explained that the school committee planned to save $1M in their reserve account to be carried into 2010 in order not to have a shortfall. She shared that the estimated unemployment costs are between $800,000 and $1M. She was under the assumption that the money was coming from the council’s policy reserve.

• Councilor Crocker feels there needs to be agreement on when and how we come to the well since there will be a variety of shortfalls. Unemployment, the move and this money are three dips into the town side.

• Councilor Rugo pointed out that on Jan 8, the town manager said the municipal side was not in a budget crisis but the school is. The council needs to rely on the manager’s recommendations.

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• Finance Director Milne explained that there are three savings accounts: school, town and council reserve. The latter is being used for this expense. It will be replenished first so it will return to the 4%. It is like a loan from the council reserve.

• Superintendent Grenier said this was the first time she has asked for help. They have had other unforeseen issues, but the unexpected discovery of the chlordane was remarkable.

• President Chirigotis said it was fortuitous. A motion was made and seconded to move the question. V OTE: Unanimous 2009-069 APPROPRIATION ORDER FOR CLEANUP COSTS Upon a motion duly made and seconded it was ORDERED That the Town Council hereby appropriates $231,904 for the cleanup costs associated with the Hyannis West Elementary School and to meet this appropriation that $231,904 be transferred from the Town Council’s reserve fund. VOTE: 12 Yes (Roll Call) Councilor Tobey made a motion that was seconded to reconsider Item 2009-069. VOTE: 8 Yes, 4 No Motion to amend 2009-069 I move to amend 2009-069 adding “In the event that any money is recovered for this purpose by a grant or insurance or otherwise, that money will be returned to the council’s reserve fund.” The motion was seconded. VOTE: Unanimous On Amended Motion 2009-069 APPROPRIATION ORDER FOR CLEANUP COSTS Upon a motion duly made and seconded it was ORDERED That the Town Council hereby appropriates $231,904 for the cleanup costs associated with the Hyannis West Elementary School and to meet this appropriation that $231,904 be transferred from the Town Council’s reserve fund. In the event that any money is recovered for this purpose by a grant or insurance or other wise, that money will be returned to the council’s reserve fund. VOTE: 12 Yes (Roll Call)

Discussion of Town Council Budget Policy Statement (Exhibit B)

• Councilor Farnham observed that the major growth is in salaries and would like to

consider reducing the reserve balances from 4% to about 3.5%. Finance Director Milne said this would free up that sum of money for one year. The rating agencies would like the town to set aside much more – up to 10%.

• Councilor Munafo asked for the history of the 60/40 split. Milne said the policy was in place at the time he arrived in 1998. It was part of a prior decision. It is the council’s prerogative to open up this discussion. Munafo suggested that the council should have such a discussion before they finalize the budget policy statement. President Chirigotis thought it would probably be discussed under the strategic plan.

• Farnham asked for Milne’s input on changes. Milne has given CFAC that project and a report from them will be forthcoming.

• Councilor Curtis said the budget policy statement was not finished and not done in any formal way. The priorities under #2 were done a long time ago and much has happened since then. She would like to get an opportunity to discuss this.

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• Councilor Tobey felt there were discrepancies between the budget policy statement and the strategic plan. Greg Milne agrees; there was a very high interest in roads and this is at the end.

• Councilor Canedy was also interested in how the order of #2 was determined. • Councilor Milne asked Mark Milne what different ways there were to attack collective

bargaining, from a policy standpoint. Milne, commenting generally, said to continue historical negotiated contract levels; COLAs are not sustainable under current economic scenario.

• Ass’t. Manager Lynch asked for guidance regarding changes in some points as well as the reordering of the items.

• Councilor Milne asked if there were subjective judgments on what positions to fill when attrition occurs. Yes, they are subjective. The 60/40 split is relevant to this year’s budget.

• Councilor Barton felt the 60/40 split was critical and it should be discussed tonight. The Council should match this budget policy statement against the strategic plan.

• President Chirigotis said no vote would be taken on this tonight. • Councilor Canedy said the completion of the strategic plan should be done ASAP and have

CFAC’s report available. • Councilor Cutis would like the strategic plan draft in hand, since the deadline of the 19th is

coming. Some priorities are no longer hers. • Councilor Munafo suggested that a workshop just on this issue would be doable. • Councilor Canedy suggested all councilors review and send their suggestion to one

designated person, to be forwarded to the president, then followed by a workshop to discuss what has been collected.

• President Chirigotis said he would schedule a workshop in a week. • Councilor Barton asked if the school committee needed the split (60/40) information for

the 19th. Chirigotis said the split is established between the town manager and the superintendent and then the council approves it.

• Councilor Crocker agrees with the workshop. Mark Milne pointed out that it was too late in the year to change the 60/40.

• President Chirigotis will find out the availability of the manager and then set a date. ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of February 26, 2009 with the following corrections: to Page 4, first paragraph add to end of last sentence the following: “but with sewer neutral policy in place we couldn’t have saved the Horace Mann septic system.” To Page 8 add “Lacina” which is the missing last name. VOTE: 10 Yes, 2 Abstain (Joakim, Barry – not present) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• Councilors Canedy, Barton and Milne reported on various association meetings and activities.

• Councilor Munafo thanked the school department for responding to cogeneration plant issue at the high school.

• Councilor Milne clarified the extension of the town manager’s contract with respect to the passage of the proposed charter. The entire government starts over and the contract extension does not preempt the status of that office. All contracts would be on a 6 month severance.

• Councilor Crocker would like LCP to put all three sections under one binder. • Ass’t. Manager Lynch announced that the Osterville Library was recently named a “5 Star”

Library by the American Library Association. Over 7,000 libraries were surveyed and only 250 received the designation.

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ORDERS OF THE DAY OLD BUSINESS 2009-058 APPROPRIATION AND TRANSFER ORDER FOR FY09 PARKING ENFORCEMENT OPERATING EXPENSES Upon a motion duly made and seconded this item was postponed to March 19, 2009. VOTE: 11 Yes, 1 No 2009-066 APPROPRIATION ORDER FOR CEMETERY EQUIPMENT Upon a motion duly made and seconded a public hearing was opened on this item at 9:50 PM. VOTE: Unanimous Assistant Manager Lynch gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 9:54 PM. VOTE: No objection Councilor Farnham said this work used to be done by private companies. Would it be outsourced again or is it better operated by the town? Ells said there were a significant number of plots available in Marstons Mills. Fees are comparable to other municipalities. Ells looks at the privatizing option frequently and the town’s offering has been more cost effective since 1999. A motion was made and seconded to move the question. VOTE: Unanimous 2009-066 APPROPRIATION ORDER FOR CEMETERY EQUIPMENT Upon a motion duly made and seconded it was ORDERED That the sum of $21,714.56 be appropriated for the Structures & Grounds Cemetery Program for the purpose of purchasing burial equipment used by Town staff to maintain cemeteries and perform interments in town cemeteries, and to meet such appropriation, that $21,714.56 be transferred from the Town’s Sale of Cemetery Lots Special Revenue Fund. VOTE: 12 Yes (Roll Call) 2009-068 APPROPRIATION ORDER FOR THE VETERANS’ BENEFITS BUDGET Upon a motion duly made and seconded a public hearing was opened on this item at 9:59 PM. VOTE: Unanimous Ass’t. Manager Lynch gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 10 PM. VOTE: Unanimous Councilor Canedy said this is an area she believes may receive stimulus funds. If it is included will the money be reimbursed to savings? Lynch said if there were reimbursements, they will be applied. This is the district share. Councilor Crocker pointed out that the key words are that it is our share. A motion was made and seconded to move the question. VOTE: Unanimous

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2009-068 APPROPRIATION ORDER FOR THE VETERANS’ BENEFITS BUDGET Upon a motion duly made and seconded it was ORDERED That the sum of $110,000 be appropriated from available funds for the purpose of funding the Town's FY 2009 Veterans’ benefits budget. VOTE: 12 Yes (Roll Call) 2009-073 NSTAR & VERIZON NEW ENGLAND, INC. EASEMENT ORDER Upon a motion duly made and seconded it was ORDERED That the Town Council vote to grant to NSTAR Electric Company and Verizon New England, Inc. utility easements in a portion of 141 Bassett Lane property (Map 309, Parcels 004 and 264) in Barnstable (Hyannis), Barnstable County, Massachusetts, as shown on a plan of land entitled, “PLAN SHOWING ELECTRIC EASEMENT OFF OF STEVENS STREET SCALE 1” = 50’ OCT. 6, 2008 IN BARNSTABLE (HYANNIS) MA PREPARED FOR THE TOWN OF BARNSTABLE BY THE D.P.W SURVEY SECTION File:04093” a copy of which plan is on file with the Town Clerk’s Office, and to authorize the Town Manager to take any steps necessary to finalize said easement. Councilor Crocker gave the rationale. The Easement Plan was done by the DPW Survey Section. Councilor Milne applauds doing this as underground utilities. VOTE: 11 yes, 1 Abstain (Munafo out of room) NEW BUSINESS 2009-070 AMEND GENERAL ORDINANCES – WATER SERVICE FEE COLLECTION PROCEDURES Upon a motion duly made and seconded this item was referred to a public hearing on March 19, 2009. VOTE: Unanimous 2009-071 GRANT ACCEPTANCE – MASS. CULTURAL COUNCIL Upon a motion duly made and seconded it was ORDERED, That the Town Council does hereby accept the grant award in the amount of $40,000 from the Massachusetts Cultural Council’s John and Abigail Adams Arts Program. Joanne Buntich gave the rationale. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2009-071 VOTE: Unanimous 2009-072 APPROPRIATION & TRANSFER ORDER – HYANNIS WATER SUPPLY SYSTEM Upon a motion duly made and seconded this item was referred to a public hearing on March 19, 2009. VOTE: Unanimous

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LATE FILE 2009-067 AUTHORIZATION OF A TAX INCREMENT FINANCING AGREEMENT Upon a motion duly made and seconded it was RESOLVED that the above-referenced resolution approved by the town council at its meeting on February 26, 2009 is hereby amended by striking the reference to Barnstable Assessors’ Map 312, Parcel 31 and substituting therefore “Barnstable Assessors’ Map 324, Parcel 024-002”. In all other respects, the resolution of February 26, 2009 is ratified and confirmed. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS Assistant Manager Lynch introduced Scott Lajoie, the new Director of the Hyannis Business Improvement District. Lajoie said he was previously with Cape Cod Magazine. He will be filling the very large shoes of Cynthia Cole, former director. The district is moving in a great direction and he is energized to tackle the upcoming issues. Councilor Tobey made a motion that was seconded to enter executive session for the purpose of discussing land acquisitions and not return to public session at 10:15 PM. VOTE: Unanimous (Roll Call) Respectfully submitted, Lucia Fulco Assistant Town Clerk


March 19, 2009

quorum being duly present, Council President Frederick Chirigotis called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on March 19, 2009, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. Leah Curtis, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., Harold Tobey ABSENT: Henry Farnham

A The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. The audience was asked to remember John “Dundee” Atsalis, who passed away recently.

PUBLIC COMMENT Francis Broadhurst from the Coast Guard Museum asked the council to look

favorably on 2009-074, when they address it on April 2, 2009. It is an amendment to the sign code, which the museum needs to have passed.

Jon Julius sees a lot of items on the agenda relative to water. It is long past the time

for consolidation of water and fire. We need to break the lease of the Kmart mall so we can get the monies. People are leaving Massachusetts because of lack of leadership. Money does not grow on trees.

Chris Kelsey and other representatives from the various unions of the Town of

Barnstable have a coalition of those organizations that want more information on the budget. They have multiple questions and are looking for answers.

John Alden from the Charter Commission announced that the next hearing will be on

Wednesday the 25th of March at the high school. They welcome input.

Eric Schwaab stated that no one responded to his issues the last time he addressed the council. He noted a couple of items in the strategic plan that addressed consolidation and decreasing the cost of services. He noted that the agenda had a number of spending items for Hyannis Water. Nowhere is the word consolidation. We have the highest water rates in town. Nowhere are you addressing reducing costs.

Acceptance of the Strategic Plan Upon motion duly made and seconded, it was voted to accept the Strategic Plan (see Exhibit “A” attached). VOTE: 11 Yes 1 No (Munafo) Adopt the FY10 Budget Policy

Councilor Milne asked if this was by priority (no it is not in order of priority). Councilor Curtis said it is helpful to have the items not be prioritized. She asked the

Manager if it adversely affected him. Town Manager John C. Klimm said it is helpful to adopt a policy. We have a series

of workshops ahead of us and if next year is like the recent years, by the time we get through the hearings and meetings, I will end up knowing what your priorities are.

Councilor Canedy would like it noted that the Strategic Plan which has been reviewed over several meetings by the Council is prioritized. The Budget Priority document had not been newly reviewed by the Council. When presented initially for Council approval, it was prioritized. At request of Council, the words “in order of priority” were removed. The Budget Policy is no longer prioritized.

Councilor Munafo thought there was going to be additional discussion on the budget policy under d. iii and m.

Councilor Canedy said we should have a conversation about budget formula allocation, but it is too late to affect for the 2010 budget. The School Budget has already been approved based on current formula. We should have that discussion right after this budget is over and get together a committee to discuss whether there should be any changes.

Councilor Joakim wanted it noted that we are looking at working on the strategic plan. We do need to work on the strategic plan as soon as the budget is over so the Manager can work on the budget with that in place.

Upon motion duly made and seconded it was voted to move the question. VOTE: 11 yes 1 no (Munafo) Upon motion duly made and seconded, it was voted to accept the Budget Policy Statement (see Exhibit “B” attached). VOTE: 11 Yes 1 No (Munafo) COUNCIL RESPONSE TO PUBLIC COMMENT

• Councilor Joakim noted that, regarding the homes up for sale, many homeowners would prefer not to leave their homes. In Florida the foreclosures are even higher. We do have problems but other areas are worse.

• Councilor Curtis discussed the issues surrounding consolidation and the fact that there have been committees on this before. The results have been given to the council. There are many who look for consolidation of departments. Many residents do not understand the system in Barnstable. Consolidation needs to come from the districts. We have had a vote on consolidation and the people did not want it.

• Councilor Munafo attributed the lack of response issue to the fact that the speaker was a candidate at that time. He noted that individuals want improvements in the water company but they don’t want to pay for them. These are costs that are needed.

• Councilor Milne noted that we have, on multiple occasions, worked on the fire district issue. The first council did perform a study and there was a ballot question. So the charter commission is not omitting anything that has not been done. Milne asked the manager for an update on the water department in Hyannis.

• Councilor Crocker said the districts go through the proper channels when it comes to water towers, etc. It is a long process. Centerville has voted on this issue and it began many years ago with the acquisition of the property. To have these discussions come to us is incorrect. If you want to discuss the water you have to go

talk to the districts. We are all separate districts and we have some of the best water.

ACT ON MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of March 5, 2009. VOTE: 11 Yes 1 Abstention (Tinsley) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

Councilor Milne read a resolve 2005-038 that had been passed by the council relative to the televising of meetings of boards and committees. He noted that a recent Airport meeting was not televised because Mr. Santos (from the board) told the videographer not to televise it. The manager addressed the issue and Mr. Santos has apologized. Milne was looking for a motion to acknowledge the resolves and vote that the council is still in favor.

Vice President Tobey noted that every councilor takes the resolves and ordinances

seriously. To have us vote to support what we have already voted could cause us to be here all week. There are no hidden agendas. We address things that fall through the cracks. No need to take a vote.

Councilor Canedy asked if the meeting was open and public. Yes it was.

Councilor Curtis was disappointed when the charter commission had a big meeting

at the high school and the meeting was not televised. That was a case when things happen. She said they had plenty of room here at the Town Hall and it could have been televised

Pres. Chirigotis read a letter from the President of the NAACP, where they expressed

gratitude for helping to make the Zion Museum a reality. They thanked the manager, former assistant town manager, recognized Councilor Tobey and also John Reed for their efforts and devotion to the museum.

Lynne Poyant, Director of Community Services, accepted an award from Common

Cause, the 2009 E-Government Award for website presentations. She, in turn, gave it to President Chirigotis.

Councilor Crocker made a motion, which was seconded and approved (one no vote),

to post the award at the podium under glass. It was also noted that the Town of Barnstable has received the award repeatedly since 2006.

Manager Klimm wanted it noted that this award is made possible because of our

employees who have taken the responsibility for their departments seriously; and he wanted to specifically thank the IT department, as well.

Ms. Poyant announced that the final skate at the Kennedy Skating Rink will be this

coming Sunday and welcomed all for a free skate.

Councilor Barton thanked Chief MacDonald. ORDERS OF THE DAY OLD BUSINESS 2009-078 was taken out of order. 2009-078 APPOINTMENT OF INTERIM TRUSTEE & AGENT-ENOCH COBB TRUST INTRO: 03/19/09

• Attorney Ruth Weil gave the rationale. Finding a replacement for David Cole is not quick and easy; and since there are current issues pending that need to be addressed, they need to appoint Debra Blanchette. She is bonded, is the treasurer, has reviewed the Cobb statements and is on top of it.

• Councilor Canedy believes that the person appointed should not be a town employee

or be on the same side as the town in contract or land negotiations.

• Weil spoke to Anastasia Welch Perrino (Registrar of Probate) and she said there is no problem. Blanchette will act in a caretaker roll. Nothing between the town and the trust will go forward during this time.

• President Chirigotis felt that the treasurer is the appropriate person for the time. We

have applicants and it is a process. We need someone to have control over the funds and do the ministerial duties.

• Councilor Crocker is grateful for Ms. Blanchette. Crocker noted the PTOs are

questioning what is happening, etc. Chirigotis is going to have a meeting next week and will need to get some questions answered.

• Councilor Munafo noted that this vote will not make her interim.

• President Chirigotis explained that the nomination must be approved by the Attorney

General and followed up by a notice in the probate court (roughly 60 days for an appointment). The interim appointment will be in place until a permanent trustee is duly located, nominated, etc.

• Attorney Weil said the school is looking at the possibility of the PTO up-fronting the

money and getting reimbursed.

• Councilor Crocker asked if we have a replacement do we ask Debra to step down. Attorney Weil said that Debra is a reluctant volunteer. We can at any time make a motion to replace and remove her.

• Treasurer Blanchette noted that she is only stepping in to help facilitate and continue

the plan of David Cole. She noted that there are pending issues such as school trips and a celebration for the after prom event. She is only offering services to help this situation along.

Upon motion duly made and seconded, it was

RESOLVED, That the Town Council does hereby appoint Town Treasurer, Debra M. Blanchette, to serve as Trustee and Agent under the will of Enoch T. Cobb. This appointment is intended to be an interim appointment until such time as the Town Council completes its search for a permanent successor Trustee and Agent under the will of Enoch T. Cobb. VOTE: 12 yes 2009-058 APPROPRIATION AND TRANSFER ORDER FOR FY09 PARKING ENFORCEMENT OPERATING EXPENSES INTRO: 01/08/09, 01/22/09, 02/05/09, 02/26/09, 03/05,09, 03/19/09 Upon motion duly made and seconded, it was voted to postpone this item until April 16, 2009: VOTE: 12 yes 2009-070 AMEND GENERAL ORDINANCES – WATER SERVICE FEE COLLECTION PROCEDURES INTRO: 03/05/09, 03/19/09 DPW Director Mark Ells stated that this item is a recommendation of the water board. It was noted that as a new water company, we did not have the ability to place a lien against the accounts. Collections have been worked on. They are adopting language not unlike what is utilized with collections at the water pollution control. Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing 2009-070. VOTE: Unanimous Eric Schwaab said water rates are going up to over 8%. There was not a single councilor present at the water board meetings. He suggested: delay the implementation of this until the end of the summer so individuals can catch up with their bills; try to help people work out these balances over a 12 month period of time; and, you set the penalty at 14%, why not ask for 7% for 1 year. Mark Ells answered that we do offer assistance to all customers and we will work on a payment plan; so this is not the first option. We go through payment plan options first. The changes that were recommended can be taken to the water board at any time. Upon motion duly made and seconded it was voted to go out of public hearing. VOTE: Unanimous

o Councilor Munafo asked about the 14% and if this was set arbitrarily. Mark Milne, Finance Director said that is a statutory rate set by the state. Munafo asked if we could reduce the rate and Milne said that we would have to go to the state.

o Councilor Munafo asked about waiting until the end of the summer. Milne said that

at the end of the fiscal year what is left unpaid would get added to the subsequent tax bill. Milne said it will help the collection rates of the Hyannis Water system by adding it at that time. The more money collected will help improve the rates. We can keep the rate increases to a lesser degree by keeping up with collections.

o Councilor Joakim said this is an opportunity to work with the customers and they can

work out a payment plan.

o Councilor Canedy asked if an amnesty plan could be instituted for the first year, or are these delinquencies since we have taken over. Ells said this is from our customers. This is necessary to complete the process. We are sensitive to the economy. We have about $300,000 outstanding. Weil said we are not capturing the bills on property transfers so we are losing those funds.

o Councilor Milne said he thought the rates were to be about 5% - and it is now about

8%? Did we restructure the rates? Ells said we no longer have a descending rate. The more you use the more you would pay. The outstanding balance is not a surprising number. Ells said we want quality, efficiency and cost effectiveness. There was no capital plan. We now have plans .We are looking for gifts, and grants and revolving fund loans – we are determined to avoid having to go for rate increases. If none come through then we will look at increasing the rates.

o President Chirigotis gave an explanation of municipal liens.

Upon motion duly made and seconded, it was voted to move the question. VOTE: 12 yes Upon motion duly made and seconded it was: ORDERED, That Chapter 184, Sewers, of the General Ordinances of the Code of the Town of Barnstable be and hereby is amended as follows. SECTION 1. By changing the title from “SEWERS” to “SEWERS AND WATER” SECTION 2. By adding an Article III to Chapter 184 containing the following -

“ARTICLE III, Collection of Water Use Charges. § 184-12. Adoption of statutory provisions. The provisions of §§ 42A through 42F, inclusive, of Chapter 40 of the General Laws, with respect to the collection of water use charges by the Water Supply Division of the Department of Public Works, are hereby adopted by reference as a part of the general ordinances of the Town. § 184-13. Authority to follow statutory collection methods. The Town Manager, together with the other officials of the Town therein named, are hereby authorized to follow the methods set forth therein in the collection of such charges.”

VOTE: (Roll Call) 12 yes 2009-072 APPROPRIATION & TRANSFER ORDER FOR THE HYANNIS WATER SUPPLY SYSTEM INTRO: 03/05/09, 03/19/09

Director Mark Ells gave the rationale. We were initially asking for the preliminary monies. We have begun that process and decided to try to get additional funds, so we modified the request and went up to the full request for all design, permitting and bids. They have 5 sites that might be feasible. Councilor Curtis made a motion, which was seconded to cross out the words “preliminary design” and insert “complete design and permitting process” . VOTE: Unanimous in favor of the amendment Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing 2009-072. VOTE: Unanimous Eric Schwaab said that the Manager has placed on the website a notation about the rates being 8.75%. He suggested that the percentage be changed if it is going to be lower. Schwaab said this is premature. You can’t site it and design it until you know what you can afford. Why do you need a rate study? You can’t afford a new water tower or water main. Take a step back. No public scrutiny of the public expenditures has been made. Refer the spending to a public body and let them bless it. Upon motion duly made and seconded it was voted to go out of public hearing at: 8:48 p.m. VOTE: Unanimous Attorney Weil said we are in a nationwide law suit and Hyannis was awarded some monies. MTE was detected and it was a good settlement. Munafo said the monies are available. You can’t make everyone happy. Munafo did have a problem with taking away the right of the council to approve any grants. Weil said the last sentence is standard language. Munafo has a problem with the language. President Chirigotis then suggested adding language to the end of the item. Therefore, upon motion duly made and seconded, it was voted to amend the item by adding at the end “, subject to the council approval.” VOTE: Unanimous in favor of the amendment. Councilor Crocker said there were no rate increases when we were negotiating the acquisition of Hyannis Water. The fact that the rates are increasing is no surprise, we all knew that there were issues that needed to be addressed. Once Hyannis gets in place all the new piping etc., it will be great. Upon motion duly made and seconded it was: ORDERED, That the sum of $378,000 be appropriated for the purposes of funding the complete design and permitting process of a new water storage tank within the water distribution system for the Hyannis Water Supply System; and to meet this appropriation that $378,000 be transferred from the mitigation funds received by the Town from the MTBE lawsuit; and that the Town Manager is authorized to contract for and expend the appropriation made available for this purpose and be authorized to accept any grants or gifts in relation thereto, subject to the council approval. VOTE: (Roll Call) 12 yes

B. NEW BUSINESS 2009-074 AMEND ZONING ORDINANCE - ADDITIONAL TEMPORARY SIGN USE INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a joint public hearing with the planning board on April 2, 2009. VOTE: Unanimous in favor of referral 2009-075 AMEND ZONING ORDINANCE - AN EXCEPTION TO THE SIGN CODE INTRO: 03/19/2009 Upon motion duly made and seconded, it was voted to refer this item to a joint public hearing with the planning board on April 2, 2009. VOTE: Unanimous in favor of referral 2009-076 APPROPRIATION OF $26,000 FROM INSURANCE RECOVERY FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 2, 2009. VOTE: Unanimous in favor of referral 2009-077 AMEND THE ZONING ORDINANCE - TIME PERIODS FOR SPECIAL PERMITS INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a joint public hearing with the planning board on April 2, 2009. VOTE: Unanimous in favor of referral 2009-080 ACCEPTANCE OF A $77,695 GRANT FROM THE EXECUTIVE OFFICE OF ELDER AFFAIRS FOR THE BARNSTABLE SENIOR CENTER INTRO: 03/19/09 Senior Services Director Madeline Taylor explained that the grant funds a number of positions at the center and is the same money that they received last year. Councilor Canedy asked for a breakdown of the positions and the amount of monies for each. Ms. Taylor gave the amounts. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded, it was RESOLVED, That the Town of Barnstable hereby accepts a grant of $77,695 from the Executive Office of Elder Affairs to support staff salaries and programs of the Barnstable Senior Center. VOTE: 12 yes

2009-081 ACCEPTANCE OF A $5,000 GRANT FROM THE CC FIVE CENTS SAVINGS BANK CHARITABLE FOUNDATION FOR BARNSTABLE SENIOR CENTER INTRO: 03/19/09 Ms. Taylor said Cape Cod Five has been very generous. They are promoting all of the services of the center this year. She also thanked the Town Manager for his recent visit. Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded, it was RESOLVED, That the Town of Barnstable hereby accepts a grant from the Cape Cod Five Cents Savings Bank Charitable Foundation in the amount of $5,000 to support a marketing initiative to increase awareness of the programs and services of the Barnstable Senior Center. VOTE: 12 yes President Chirigotis asked that the Town Council vote on referring items #2009-082 through 2009-095 as a unit – with the following amendment being added to the end of each item, “subject to the approval of the town council. A motion to that effect was made and seconded. (However, the title of each item and the amount were read into the record by the town councilors). VOTE: 12 Yes to refer 2009-082 APPROPRIATION FOR COST STUDY - HYANNIS WATER SUPPLY SYSTEM INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-083 APPROPRIATION FOR DESIGN OF WATER MAIN UPGRADE-HYANNIS INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-084 APPROPRIATION-REPAIR WATER TANK - HYANNIS WATER SYSTEM INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral

2009-085 APPROPRIATION-WATER QUALITY STUDY-HYANNIS WATER SUPPLY INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-086 AN ORDINANCE TO WAIVE WATER TOWER CONSTRUCTION FEES INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 2, 2009. VOTE: Unanimous in favor of referral 2009-087 CIP APPROPRIATION –SEWER RESERVE ENTERPRISE FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-088 CIP APPROPRIATION –SEWER RESERVE ENTERPRISE FUND INTRO: 03/19/2009 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-089 CIP APPROPRIATION –SEWER RESERVE ENTERPRISE FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-090 CIP APPROPRIATION –WATER SUPPLY RESERVE ENTERPRISE FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-091 CIP APPROPRIATION – $3,250,000 CAPITAL TRUST FUND

INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-092 CIP APPROPRIATION – $220,000 CAPITAL TRUST FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-093 CIP APPROPRIATION – $200,000 CAPITAL TRUST FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-094 CIP APPROPRIATION – $725,000 CAPITAL TRUST FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-095 CIP APPROPRIATION – $936,600 CAPITAL TRUST FUND INTRO: 03/19/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral The following three items were late files. 2009-096 – CIP APPROPRIATION & LOAN ORDER/SEWER COLLECTION SYSTEM INTRO: 03/19/2009 Upon motion duly made and seconded it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-097 – CIP APPROPRIATION & LOAN ORDER/HYANNIS WATER SYSTEM

INTRO: 03/19/2009 Upon motion duly made and seconded it was voted to refer this item to a public hearing on April 16, 2009. VOTE: Unanimous in favor of referral 2009-098 - APPOINTMENTS INTRO: 03/19/2009 Upon motion duly made and seconded it was voted to send this item to a second reading on April 2, 2009. VOTE: 12 Yes TOWN MANAGER COMMUNICATIONS Town Manager Klimm said former Supt. Of Schools, Tom McDonald, and Manager Klimm appeared in Worcester with mayors and managers for a presentation on consolidation of school and town services such as human resources. They read about us in the MMA digest. The town received accolades. Manager Klimm passed it on to the council and thanked them for their support. Klimm also said that he had the opportunity to participate in the Meals on Wheels program (60 and over housebound individuals). All of the deliveries are done by volunteers. He spent several hours with Sue Handy. The volunteers are doing it all for right reasons. It is a great service. Vice President Tobey moved and it was seconded, to go in to Executive Session for the purpose of discussing strategy in collective bargaining and not return to open session, at 9:25 p.m. VOTE: Roll Call 11 Yes 1 No (Tinsley) to go into Ex. Session Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

NEXT MEETING: April 2nd

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April 2, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, April 2, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker (7:05), Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo (7:10), James M. Tinsley, Jr. and Harold Tobey. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence remembering the passing of Evelyn Coleman, who has been the recipient of the Boston Post Cane for the last several years. PUBLIC COMMENT Gary Ostrom of West Barnstable and Vice President of the Massachusetts Lobstermen’s Association, spoke about the difficulty he will have putting his 200 Black Sea Bass Pots, weighing 61 pounds each, into the water when he enters the upcoming Derby Fishing contest. The event will occur in a few weeks and lasts for six days, three days in each of two consecutive weeks. Participants are required to catch 500 pounds of fish each day. His issue is that for the last several years he has been blocked out of the Osterville dock and cannot move his trailer close enough to get traps into the water. He requests the Jersey barrier be moved to facilitate the process, otherwise it will take him longer to put the gear into the water than to catch the fish. Town Manager Klimm suggested he talk to DPW Director, Mark Ells. Mary Cummings spoke about a variety of subjects including the current recession, doing her part to support local businesses, and commented on the Charter and Commission. Oliver Cipollini asked if the IT department could flash on a screen some of the materials the council has available at the meeting, or at least, could they be posted it beforehand for public inspection. COUNCIL RESPONSE TO PUBLIC COMMENT None

Update by the Hyannis Main Street Initiative Subcommittee

of the Leadership Council to End Homelessness

Co-chairman Estella Fritzinger, CEO/Executive Director, CAC, and co-chairman Mary LeClair gave the update. LeClair thanked the council for the opportunity to their progress (See Exhibit A) and introduced Fritzinger. Fritzinger’s comments (See Exhibit B) referred to several other items in the packet prepared for the council and attached to these minutes. An interim report to Senator Robert O’Leary has been sent (See Exhibit C); a final report will follow. She reviewed the Work Plan (Exhibit D) and the Executive Summary of the study (Exhibit E). Tasks 1 & 2 of the workplan, identifying the “tier four” population, and conducting outreach to them, are outlined in Exhibit F. These were the most difficult pieces to address. A report on Work Plan Item 4, identifying concerns of the Hyannis residents and business community, is included as Exhibit G. LeClair spoke about meeting with the judges and the DA regarding legal services. There is zero tolerance and the police must do what must be done. After a discussion of establishing day resource centers in Cape communities, there is no intent to go forward with the idea at this time. One concern is whether to decrease the number of beds at the Noah shelter. Barnstable provides a better supportive atmosphere that the off Cape areas from where the people come. They will be guided back to the communities of origin

• Councilor Barry asked what ‘guide back to community of origin’ involved. Fritzinger explained that case managers and the police department can find where the prior support system for the individual was located and guide them back there. HAC is doing that through the Star Program now.

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• Councilor Curtis asked if there would be an increase projected, above the current 95 persons now identified as in need of serious case management. Fritzinger said the 95 will go down. Homelessness will increase due to economic times, but those are not chronic or problem individuals. • Councilor Barton asked about any discussion on integrating Operation In From The Streets. It has not been discussed as of yet, but it could be integrated. Fritzinger feels the concepts will be there and must be integrated; however the real issue is to address the Tier Four Population. • Councilor Rugo was very thankful for the presentation and thanked all who have supported it. Everyone needs to step up to help in this effort. • Councilor Milne also expressed appreciation of all the efforts. What about summertime strategies in Hyannis, as tourists arrive, to avoid some of the prior situations? They are looking for zero tolerance and a specific Main Street outreach. The committee will work with the Police Department on strategies. Milne’s constituents have found that camps are problem. There will be zero tolerance for camps. He also pointed out that ending homelessness and knowing many are employed in dealing with the homeless appear in conflict.

Sidney Chase, Director of Veteran’s Services apologized for missing the last meeting at which the council approved his appropriations request. Everywhere on the Cape agencies have run out of money. His Hyannis office had 6,600 walk-ins last year. Many veterans have some type of problem. WWII and Korean vets require advanced senior services, which is now an issue. He has been angered with agencies that give vets a one-way ticket to Hyannis, Now the town of origin pays for the first year of services for the vet. The reason for the money that was requested is due to the high the number of veterans now seeking assistance. Mr. Chase also commented on the question of conflict mentioned at the end of the prior discussion of the homeless. He stated that individuals who work with the homeless would not lose their jobs because they would be working on other related issues such as employment, health, etc.

• Councilor Joakim hopes there is light at the end of the tunnel. She asked about the stimulus money for vets. Chase said now every case for health care is denied, requiring an appeal process and guidance through the insurance process. Even “slam dunk” cases are now denied requiring an appeal. • Councilor Milne asked about the funding mechanism for “town of origin” payments. Every town has a veteran’s budget. Applications go to the Secretary of Veterans’ Affairs and to the city of origin. This practice has been in place for 1.5 years. Chase pointed out that the Noah Shelter has an excellent reputation. He urged the council through the manager to consider pursuing a similar a reimbursement program with the non-vet population who are also sent to the Cape from other agencies off-Cape. • Councilor Farnham said the council voted to approve the appropriation in his absence in recognition of that segment of the community and the excellent job he does. He is very appreciative. Chase said he has a wonderful staff. It is hard to use volunteers due to the confidentiality of the information.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to postpone action on the minutes to the April 16, 2009 meeting. VOTE: No opposition

Update on the Centerville Village & Craigville Beach DCPC

Joanne Buntich, Interim Director of Growth Management, gave a brief update of the status of the DCPCs. There will be a presentation to the Centerville Civic Association next week. She will make a more complete report to the council after the budget process is over. At that time she may request an extension to be able to have the public hearing in a timely fashion. Ruth Weil, Town Attorney, Lindsey Counsell, Wayne Miller and Roy Richardson, Meg Loughlin and Steve Brown have been involved. They are also moving towards resolution on the Craigville Beach effort.

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COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Chairman Chirigotis announced that on March 26 a gentleman, an internationally renowned artist, Sam Barber, appeared in the Manager’s office and asked the town to accept his oil painting entitled Hyannis Port, Late Afternoon, which he painted and dedicated as a memorial to Attorney Pat Butler. Councilor Canedy asked about contact information. Chirigotis mentioned the artist’s website and said the painting will be hung in a place of honor. Councilor Joakim spoke of the recent fire in a Quincy basement that killed a father and two children. It reminded her of the reason for establishing the town’s ordinance regarding illegal apartments. Quincy is posting firemen around such buildings until the illegal apartments are broken down. Councilor Rugo said there needs to be enforcement behind the ordinance. Councilor Crocker said the legal staff had to defend that ordinance successfully finding that it was legal. Councilor Farnham announced the upcoming spaghetti supper in West Barnstable. He thanks all for the happy ending for the lost dog, Dutch. Councilor Barry said a contractor has been selected to do the drainage work in Cotuit. On the illegal apartment, where does the town stand on the enforcement issue? Chirigotis said there will be a report on enforcement at the next meeting. ORDERS OF THE DAY OLD BUSINESS 2009-074 ZONING ORDINANCE AMENDMENT – USE OF TEMPORARY SIGNS 2009-075 ZONING ORDINANCE AMENDMENT – USE OF REALESTATE SIGNS 2009-077 ZONING ORDINANCE AMENDMENT – TIME PERIODS FOR SPECIAL PERMITS Upon a motion duly made and seconded to postpone items 229-074, 2009-075 and 2009-077 to May 7, 2009. VOTE: No objection 2009-076 APPROPRIATION ORDER OF $26,000 FROM INSURANCE RECOVERY FUND Upon a motion duly made and seconded a public hearing was opened on this item at 8:08 PM. VOTE: No objection Manager Klimm gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 8:10 PM. VOTE: Unanimous

• Councilor Farnham asked about the sharing of equipment. Bruce McIntyre, Superintendent, explained that they do share equipment between golf courses. Usually, the equipment is being used daily at the same time at each course. Sometimes they do use both at one course. In instances where they may have 5 or 6 pieces of an item, they do take them back and forth.

• Councilor Curtis is in favor. This is using insurance funding and only using several thousand dollars from golf funds.

• Councilor Munafo asked if they were approving the whole purchase. McIntyre said they have already received the check for $26,000 and need approval to spend it as well as the 1 to 2 thousand.

Councilor Curtis spoke in favor. Golf courses are a big investment and need to be maintained. She added that this expenditure was mostly from insurance money.

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Munafo asked exactly what was being approved. McIntyre said council approval is needed to spend the insurance check which is in hand. Lynne Poyant, Director of Community Services elaborated on the additional funding from the Golf enterprise account of one to two thousand dollars. A motion was made and seconded to add “subject to approval of the town council” at the end of the item. VOTE: 11 Yes, 2 No Finance Director Milne, answered Councilor Crocker’s question by explained how town assets are collectively insured; the cost of the policy is allocated among all the assets to be insured. On Item as amended: 2009-076 APPROPRIATION ORDER OF $26,000 FROM INSURANCE RECOVERY FUND Upon a motion duly made and seconded it was ORDERED: That the Town Council hereby appropriates the amount of $26,000.00 from the Town’s Insurance Recovery Fund for the purpose of replacing a golf sweeper machine that caught on fire and was lost in the fall 2008 at the Hyannis Golf Course and that the Town Manager is authorized to contract for and expend the appropriation made available for this purpose and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the town council. VOTE: 13 Yes (Roll Call) 2009-086 ORDINANCE TO WAIVE WATER TOWER CONTRUCTION FEES Upon a motion duly made and seconded a public hearing was opened on this item at 8:19 PM. VOTE: No objection Manager Klimm gave the rationale. The staff does not have the authority to waive such fees. Upon a motion duly made and seconded the public hearing was closed at 8:19 PM. VOTE: No objection Councilor Tinsley asked for explanations of controlled build and valued engineering. Mark Ells explained valued engineering identifies ways to increase financial efficiency by doing something different on the Hyannis project; he would have certified licensed professionals on the site Councilor Curtis pointed out that the Cotuit and Centerville water towers would not be under DPW control. Ells said the same building standards would apply to all. Councilor Munafo asked about the history of the fee and what protections are afforded. Mark Ells explained that the fee is in place for any type of construction. The fees support having inspectors, etc. on site to make sure all is in conformance. For town construction much of the inspection can be done in parallel with the construction. Costs are absorbed by the town, but the project is held to the same standards as other private projects. The projects will have town inspectors in conjunction with the building commissioner. Klimm explained that because of the requirement for on-site engineers for the way these are built, the staff will not be needed. Thomas Geiler agreed that the cost of his department to oversee the project was not needed. He does not have the authority to do waive the fees; hence the council’s assistance is required. Councilor Munafo asked whether the cost was $10,000 or $1,000 dollars. Klimm can have the answer if this item is deferred to next meeting. Councilor Milne asked if there are some additional savings since three towers are being built. Can the engineering specialist be shared? Ells explained that the timing is not similar: Cotuit is in the process of pulling permits, COMM is in the design stage and the Town water district is just starting. Milne added that the bottom line is if the fees are not paid to the town, the rate payer will benefit. The size of the fee does not matter. Councilor Canedy would like to know if the water tower projects can be coordinated. Councilor Curtis made a motion to Move the Question which was seconded.

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Councilor Munafo raised a Point of Order and the made a Charter Objection, which ended discussion. This item will be taken up at the next meeting. 2009-098 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: COMPREHENSIVE FINANCIAL ADVISORY COMMITTEE Robert J. Ciolek, 325 Green Dunes Drive, West Hyannisport, to a term expiring 06/30/2011 HYANNIS MAIN ST. WATERFRONT HISTORIC DISCTRICT COMMISSION Paul S. Arnold, 27 Foster Road, Hyannis, as an alternate member to a term expiring 06/30/2011 SHELLFISH COMMITTEE Richard J. Haskell, 96 Scudder Road, Osterville, to a term expiring 06/30/2012 VOTE: Unanimous TOWN MANAGER COMMUNICATIONS

• Manager Klimm thanked Oliver Cipollini for his suggestion. • He is pleased that Mark Ells and Bob Bergman will be able to help the fisherman. • He and Councilor Curtis recently spoke at a Community Preservation Committee meeting to seek

their support for renovations to the Town Hall, under the category of historic preservation. • He met with Tom Guarino, Bourne Town Administrator along with Bourne’s landfill manager.

Bourne is looking to use their facility as a regional facility for the Cape. The town’s contract with SEMAS expires 2015. The manager may begin the conversation this summer.

• A workshop on grant writing, held at the town hall, was attended by 20 town employees. NEW BUSINESS - None A motion was duly made and seconded to adjourn the meeting at 8:43 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco Assistant Town Clerk


April 16, 2009

quorum being duly present, Council President Frederick Chirigotis called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on April 16, 2009, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., and Harold Tobey.

A The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. Councilor Curtis remembered Judith Baker from Marstons Mills, Al Baker’s wife, who passed away this week. Proclamation–Barnstable Kiwanis 80th Anniversary

President Chirigotis read a proclamation honoring the Barnstable Kiwanis Club and their varied programs and projects over the last 80 years; and wished them a Happy Birthday. PUBLIC COMMENT Al Baker thanked Councilor Curtis for her thoughts. He as one of the initial proponents of the charter review wanted a review clause put in the charter and that was his major reason for going forward with the petition. He feels the charter will be worse than what we have if it passes. We can clean the existing charter up legislatively. Mary Clements said that it has been a hard week for the homeless; as there were 3 deaths. She highlighted one particular death. She will be moving at the end of the month. COUNCIL RESPONSE TO PUBLIC COMMENT Town Manager John Klimm said we have major financial challenges. None of the union contracts are up for another year. He stated that he had no right to ask the unions for anything; but every one of our unions agreed to meetings and more than that. Employees are now doing more with less. He wanted everyone to know that the unions voted for $332,000 of concessions. Manager Klimm thanked all the employees and made specific recognition of the union representatives who were in attendance. Councilor Munafo made a point of order. He stated that there was an improper sponsor for the last three items and asked that they be stricken from the agenda until they have a proper sponsor. Councilor Canedy felt the items should not be rejected this evening. Councilor Munafo noted that the committee (CPC) cannot sponsor the items.

Councilor Milne said items go to the committee first and then to the Town Manager and ultimately the council. Councilor Canedy felt this issue should have been handled at the agenda meeting. Councilor Barry offered to have his name put on as sponsor for items: 2009-100, 101 and 102. Attorney Weil stated that it had the policy for committee recommendations to be approved by the manager. Councilor Munafo made a motion to strike the items (2009-100, 2009-101 and 2009-102) from the agenda and then come back with a sponsor. VOTE: 3 No (Canedy, Milne, Barry), 9 Yes to strike Councilor Milne asked if the Town Manager has seen the items. He had not. Councilor Farnham had questions on these items. President Chirigotis suggested that he work with the CPC to handle the questions and issues prior to it coming back. Councilor Milne explained the various methods on how charter changes can be made legislatively and with votes by the public. ACT ON MINUTES Upon motion duly made and seconded, it was moved to postpone approval of the minutes of March 16, 2009, since Councilor Canedy did not see her revisions. Councilor Munafo wanted one small change of adding the word “not” included. VOTE: President Chirigotis asked the councilors to email changes to the Clerk and postponed the vote. (Clerk’s note: Changes were made and sent to the council office on April 9 after receipt of the suggested changes.) Upon motion duly made and seconded, it was voted to approve the minutes of April 2, 2009. VOTE: Unanimous in favor COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Deb Krau, Chairman of the Hyannis Water Board, stated that the operations contract is expiring. The manager can sign the contract. The board wants him to be able to sign a 5-year agreement. As directed, they will agree to a 3-year contract, and then if the council approves it, will sign a 5-year agreement after the next council meeting. Councilor Munafo asked if we are re-negotiating. Krau said we will negotiate the whole contract except for the term. They will put the term in after the council vote. Councilor Crocker asked about the 3 year agreement and options. Krau said the board has recommended a 5 year with options. There is no discretionary at the end of 3 years.

ORDERS OF THE DAY OLD BUSINESSCouncilor Crocker recused himself from discussion and vote on 2009-086. 2009-086 AN ORDINANCE TO WAIVE WATER TOWER CONSTRUCTION FEES The public hearing was already closed on this item. Councilor Munafo said $50,000 is what would be lost in fees. The entities who are building these will get the break not necessarily the rate payer. Councilor Joakim said these are fees for services. Councilor Barry said this is a fee for nothing. Councilor Curtis concurs. Upon motion duly made and seconded, it was voted to move the question. VOTE: 12 yes to move Upon a motion duly made and seconded it was ORDERED, That not withstanding the provisions of any other ordinance of the Town regarding Schedules of Fees, water tower construction project(s) shall hereby be exempt from payment of such fees. VOTE: (Roll Call) 11 yes 1 no (Munafo) 2009-082 - APPROPRIATION FOR COST STUDY – HYANNIS WATER SUPPLY SYSTEM Mark Ells, Dir. of the Department of Public Works and the members of the Hyannis Water Board were present, with Ells giving the rationale. Upon a motion duly made and seconded a public hearing was opened on this item at 7:35 PM. VOTE: Unanimous Upon a motion duly made and seconded the public hearing on this item was closed at 7:37 PM. VOTE: Unanimous Councilor Munafo would have liked to have seen the monies spent differently from the MTBE lawsuit. Deb Krau said we are a young board and had no reserve fund. We have been careful. We need to pay for the designs so we can acquire grants. We feel it is a good use of the monies. We still have $2.1M left and we do plan on reserving most for the water tower. Councilor Farnham asked for an explanation of the MTBE funds. Attorney Weil said the favorable settlement came from a lawsuit. There is a possibility that there will be more money. Ms. Krau noted that you can’t borrow design fees.

Councilor Munafo asked about the price of a water tower. Ells said $3 – $4M is an estimate. The Water Supply division is looking at various funding options and will look to the state revolving fund. They put forward the master plan and the water tower is eligible for the fund. Ells said we are listed for the state fund. Munafo thanked them all for their work and feels they made the right decision. Councilor Curtis thanked them all as well. Krau said there is a usage and service fee to the consumer. When the water board came out with the costs, the fire district (who had been paying 10% of the water charges) decided not to pay any more. With the help of Councilor Munafo they agreed to a multi-year contract. So this coming year is the year that they will no longer be paying the water company. Krau further explained that there is a need for fire protection 365 days a year. So, we are looking for a fire protection charge and how to allocate the costs fairly. Councilor Milne hopes the fire district will show the ratepayers a cut in their costs since they will no longer pay the fees. Milne thanked Tom Holmes, the mayor of Sea Street. He addressed the percentage of fee increases for the coming year. Councilor Munafo said this does not fall within the parameters of this item. Krau said the rate study won’t go into effect until 2011. Councilor Munafo made a point of order that this does not meet the requirements of discussion for this item. President Chirigotis allowed for an answer. Krau said the 8.75% increase will include pipe improvement. There are some 92 year old pipes (installed in 1917). We need to replace pipes. The money will not be used for anything else. The difference on the rate payers’ bill is $7.53 a year. If we get a grant to cover the pipe replacement the extra increase will not be needed. Upon motion duly made and seconded, it was voted to move the question. VOTE: 13 yes Upon a motion duly made and seconded it was ORDERED: That the sum of $48,000 be appropriated for the purpose of funding the Cost of Service and Rate Structure Analysis for the Hyannis Water Supply System; and to meet this appropriation that $48,000 be transferred from the mitigation funds received by the Town from the MTBE lawsuit; and that the Town Manager is authorized to contract for and expend the appropriation made available for this purpose and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call 2/3) 13 yes 2009-083 APPROPRIATION FOR DESIGN OF WATER MAIN UPGRADE-HYANNIS Director Ells gave the rationale. Upon a motion duly made and seconded a public hearing was opened on this item at 7:59 PM. VOTE: Unanimous in favor Upon a motion duly made and seconded the public hearing on this item was closed at 8:02 PM.

VOTE: Unanimous in favor Councilor Farnham asked a question regarding the ISO ratings on the system. Ells said he has worked with the fire department. We improved the maintenance; and the insurance rate went from a 5 to a 3 (an improvement). We will work to continue to maintain and improve Councilor Farnham said there is a payback on this. Councilor Milne said that Tom Smith from Centerville helped make this lawsuit possible. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED: That the sum of $190,000 be appropriated for the purposes of funding the preliminary design and final design of an water main upgrade from the Maher Treatment Plant on Old Yarmouth Road through South Street for the Hyannis Water System; and to meet this appropriation that $190,000 be transferred from the mitigation funds received by the Town from the MTBE lawsuit; and that the Town Manager is authorized to contract for and expend the appropriation made available for this purpose and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call 2/3) 13 yes 2009-084 APPROPRIATION-REPAIR WATER TANK - HYANNIS WATER SYSTEM Director Ells gave the rationale. Upon a motion duly made and seconded a public hearing was opened on this item at 8:10 PM. VOTE: Unanimous in favor Upon a motion duly made and seconded the public hearing on this item was closed at 8:12 PM. VOTE: Unanimous in favor Councilor Munafo wanted the initials to be corrected. President Chirigotis announced that it should be MTBE. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED: That the sum of $33,000 be appropriated for the purposes of funding the recommended repairs on the Mary Dunn 1 Water Storage Tank for the Hyannis Water System; and to meet this appropriation that $33,000 be transferred from the mitigation funds received by the Town from the MTBE lawsuit; and that the Town Manager is authorized to contract for and expend the appropriation made available for this purpose and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council..

VOTE: (Roll Call 2/3) 13 yes 2009-085 APPROPRIATION-WATER QUALITY STUDY-HYANNIS WATER SUPPLY Director Ells gave the rationale. Upon a motion duly made and seconded a public hearing was opened on this item at 8:14 PM. VOTE: Unanimous in favor Upon a motion duly made and seconded the public hearing on this item was closed at 8:15 PM. VOTE: Unanimous in favor Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED: That the sum of $145,000 be appropriated for the purposes of funding the Water Quality Study for the Hyannis Water Supply System; and to meet this appropriation that $145,000 be transferred from the mitigation funds received by the Town from the MTBE lawsuit; and that the Town Manager is authorized to contract for and expend the appropriation made available for this purpose and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call 2/3) 13 yes Deb Krau, of the Hyannis Water Board, thanked the council and staff. Vice President Tobey thanked the board on behalf of the council. B. NEW BUSINESS President Chirigotis called a brief recess from 8:17 p.m. to 8:25 p.m.

FY10 CAPITAL IMPROVEMENT PROGRAM 2009-087 – 2009-097 2009-087 CIP APPROPRIATION –SEWER RESERVE ENTERPRISE FUND Manager Klimm and Financial Director Mark Milne gave brief presentations. Klimm said we have plenty of time and he wants to make sure that the councilors are comfortable with the items. Manager Klimm thanked the Budget Director, Bob O’Brien, for his work on the budget and his service to the town. He thanked the CFAC for their thorough review, comments and critiques. The capital needs are great and when the economy returns we need to look at the trust fund again. He said he hopes the council will approve the needs. He reviewed the capital needs and his recommendations (see 2010 capital budget presentation and hearing summary attached). Director Milne reviewed how the capital trust fund works. He noted a 10 year cash flow analysis. Loan payments and cash authorizations must be deducted. Milne charted out the program sustainability analysis. He said it is slowly depleting itself. He did note, however, that we have accomplished $100M in capital improvements since the trust fund’s inception.

Upon motion duly made and seconded the public hearing on this item was opened at 8:38 PM. VOTE: Unanimous in favor Upon a motion duly made and seconded the public hearing was closed at 8:40 PM. VOTE: Unanimous in favor Councilor Munafo asked about the capacity. Milne explained it was a projected illustration that included extra borrowings. Munafo asked if we should increase now and would it help for the future. Finance Director Milne said anything that can be done to enhance the fund would lead to a better situation for the capital needs. There would be no more capacity left if we paid for the bulkhead in Barnstable. Director Milne said we need to fund the facilities. Manager Klimm said we need to be better handling our real estate. We need to be creative. Councilor Crocker said the trust fund is set aside for the projects. How do you balance the design costs? Director Milne said we look at the ultimate construction costs before we work on the designs and their costs. We would like to get some of the funding and do need the designs. Councilor Joakim asked how the Federal monies come to the town. Milne said the money is filtered through the state. The Federal government gives the money to the state and the state distributes it. Manager Klimm said there is a balance and we have to look at capital and operating expenses. We are ahead of many communities. We are addressing the tough issues. Councilor Curtis stated that it continues to be important to maintain a reserve because we are addressing capital needs. The infrastructure is old. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor ORDERED, That the sum of $80,000 be appropriated for the purpose of funding the repair of deteriorated sewer manhole and design for the demolition of several no longer needed manholes in the force main leading to the Treatment Plant as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $80,000 be transferred from available funds within the Sewer Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes 2009-088 CIP APPROPRIATION –SEWER RESERVE ENTERPRISE FUND Director Ells explained the rationale behind the sludge removal.

Upon motion duly made and seconded the public hearing on this item was opened at 8:56 PM. VOTE: Unanimous in favor Upon a motion duly made and seconded the public hearing was closed at 8:58 PM. VOTE: Unanimous in favor Councilor Munafo asked the purpose of this item and Ells explained that it is a pilot test. Upon motion duly made and seconded it was moved to amend this item by adding the words “and pilot test” in the second line after “study”. VOTE: 13 Yes Councilor Crocker asked how this works. Peter Doyle from Water Pollution Control said that we will ship some sludge to the company and they will test it to see how it reacts. Our sludge is different. Ells said the funds come out of the sewer reserve. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED, That the sum of $115,000 be appropriated for the purpose of funding a sludge reduction process study and pilot test as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $115,000 be transferred from available funds within the Sewer Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes President Chirigotis asked that the council take 2009-094 out of order. 2009-094 CIP APPROPRIATION – $725,000 CAPITAL TRUST FUND Director Ells gave the rationale. This item is for a medium range repair to the steel bulkhead. We are bringing forth the stabilization of the bulkhead. This should last about 10 years. We will not proceed with this item unless we cannot get monies for the full replacement. We have parallel permitting for both alternatives. This is a viable option. Upon motion duly made and seconded the public hearing on this item was opened at 9:06 PM. VOTE: Unanimous in favor Ted Theodores noted the “Friends of Barnstable Harbor” had been created. The harbor is a priceless gem and the only north side harbor. We must proceed with good stewardship. He thanked Manager Klimm for working with the group and they will work with the town. Bill Lister said he runs a lobster boat and the bulkhead has to have something done. It is important to my business to keep the harbor going.

Upon a motion duly made and seconded the public hearing was closed at 9:10 PM. VOTE: Unanimous in favor Councilor Canedy thanked all who have worked on this. The harbor belongs to the Town of Barnstable and is very important. This is important to have set aside. Hope we don’t have to use the money but we need to have it just in case. Councilor Curtis asked if this is to fix and do work on the current steel bulkhead. She questioned the wooden timbers. Ells said we have to replace the wooden timbers in its entirety and we are working for grants or stimulus funding. Ells said we may secure it with the steel if we have to but we are also looking at other alternatives. The timber end is not shovel ready – the permits are in place. Councilor Munafo asked about when this would happen. Ells said in the near future we will need to make a decision. We would be ready to do this in the fall. Manager Klimm said we don’t want to be in a place with no options. This gives us an option and we will keep the council up to date on what is happening. Councilor Joakim asked about the risk of something happening in the summer. Ells said unless there is a failure we are into a fall construction. We monitor it weekly. Councilor Farnham asked about whether offload facilities were included in the design. Ells deferred to harbormaster, Dan Horn. He explained that the off-loading is difficult. We have plans for the future. We will work to accommodate the commercial boaters. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED, That the sum of $725,000 be appropriated for the purpose of funding repairs to the steel sheet pile bulkhead portion of the Barnstable Inner Harbor Marina as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $725,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes 2009-089 CIP APPROPRIATION –SEWER RESERVE ENTERPRISE FUND Director Ells gave the rationale. This has been identified as possibly going to receive a grant but there is no letter of confirmation as yet. Upon motion duly made and seconded the public hearing on this item was opened at 9:23 PM. VOTE: Upon a motion duly made and seconded the public hearing was closed at 9:25 PM.

VOTE: 13 yes Ells said this is from WPC monies. Councilor Milne applauds the work. Ells said this is showing good faith if the order passes. Peter Doyle is trying to reduce costs at Water Pollution Control. Milne said this is to go green. Councilor Farnham said the payback is 77 years, would you go forward? Ells said we intend to receive grants. Councilor Curtis said this is for the design. She asked if we could then apply for grants. Ells said it has to be financially feasible. Councilor Munafo noted that all plant improvements ultimately are paid by the users and future users. How much do you have to charge to generate $100,000? Ells said he did not have that computation but could get it. Upon motion duly made and seconded, it was voted to move the question. VOTE: 13 Yes Upon a motion duly made and seconded it was ORDERED, That the sum of $100,000 be appropriated for the purpose of funding the design and permitting of a solar power system for the Waste Water Treatment Plant in Hyannis as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $100,000 be transferred from available funds within the Sewer Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 10 yes 3 no (Crocker, Farnham, Munafo) 2009-090 CIP APPROPRIATION –WATER SUPPLY RESERVE ENTERPRISE FUND Upon motion duly made and seconded the public hearing on this item was opened at PM. 9:33 p.m. VOTE: Unanimous in favor Director Ells gave the rationale Upon a motion duly made and seconded the public hearing was closed at 9:35 PM. VOTE: Unanimous in favor Upon motion duly made and seconded, it was voted to move the question. VOTE: 13 Yes Upon a motion duly made and seconded it was ORDERED, That the sum of $200,000 be appropriated for the purpose of funding a continuing program of repairing and upgrading water supply wells, treatment plants and pump stations owned by the Town as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this

appropriation, that $200,000 be transferred from available funds within the Water Supply Reserve Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes 2009-091 CIP APPROPRIATION – $3,250,000 CAPITAL TRUST FUND Upon motion duly made and seconded the public hearing on this item was opened at 9:37 P.M. VOTE: Director Ells gave the rationale on the public roads program. There are over 260 miles of roads that are maintained and repaired. We have seen a decrease in drainage complaints on public roads. Upon a motion duly made and seconded the public hearing was closed at 9:40 P.M. VOTE: Unanimous in favor Upon motion duly made and seconded, it was voted to move the question. VOTE: 11 Yes 2 no Upon a motion duly made and seconded it was ORDERED, That the sum of $3,250,000 be appropriated for the purpose of funding the repair of the Town’s public roads and drainage systems as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $3,250,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes 2009-092 CIP APPROPRIATION – $220,000 CAPITAL TRUST FUND Upon motion duly made and seconded the public hearing on this item was opened at 9:43 PM. VOTE: Unanimous in favor Manager Klimm gave the rationale for the dredging. They have a written commitment for 2/3’s reimbursement from FEMA. Lindsay Counsell from Three Bays Preservation noted that this is unusual for the Feds to pay for dredging. We were able to calculate what had been moved during the Patriot’s Day storm. You have to have surveys. You might want to consider preparing surveys of other bays and harbors for the future. Upon a motion duly made and seconded the public hearing was closed at 9:45 PM. VOTE: Unanimous in favor Councilor Canedy acknowledged that having reserves for town wide dredge maintenance would be to our advantage.

Councilor Rugo asked what the cost of these surveys would be. Counsell said Three Bays paid over $63,000 for the survey. You would not have to have something that large. You could do 3 harbors for about $100,000 – you have to have the channel permitting in place. Finance Director Milne said the monies being reimbursed would go back into the capital trust fund. Councilor Crocker asked what our chances are for this money. Robert Burgman said permits are in place and we have a commitment from FEMA, so we could use the county dredge. Burgman said this is a permit that Three Bays has had for the channel and disposal on dead neck – all permits are in place. We will make the deadline for FEMA. Upon motion duly made and seconded, it was voted to move the question. VOTE: 13 Yes Upon a motion duly made and seconded it was ORDERED, That the sum of $220,000 be appropriated for the purpose of dredging Cotuit Entrance Channel as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $220,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept reimbursements, grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes 2009-093 CIP APPROPRIATION – $200,000 CAPITAL TRUST FUND Upon motion duly made and seconded the public hearing on this item was opened at 9:52 PM. VOTE: Unanimous in favor Manager Klimm gave the rationale for the Stewart’s Creek project which will also help reduce the odors and increase the flow. This is a unique opportunity because of matching funds. Klimm thanked councilor Milne for his support. Roberta Mauch from Greenwood Avenue stated that she is passionate about the creek and the wildlife. Councilor Tobey said years ago we used to get blue crabs there. Councilor Milne thanked the Manager and all on this, as well as former councilor, Gloria Rudman. Councilor Crocker said this will fund our total need. Upon a motion duly made and seconded the public hearing was closed at 9:59 PM. VOTE: Unanimous in favor Upon motion duly made and seconded, it was voted to move the question. VOTE: 13 Yes

Upon a motion duly made and seconded it was ORDERED, That the sum of $200,000 be appropriated for the purpose of funding the Town’s share of the Stewart’s Creek restoration project as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $200,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes 2009-095 CIP APPROPRIATION – $936,600 CAPITAL TRUST FUND Upon motion duly made and seconded the public hearing on this item was opened at 10:00 PM. VOTE: Unanimous in favor Supt. Patricia Grenier stated that these are part of the ongoing projects for the schools. This is for parking at Hyannis East. There will be expenses for kitchen equipment. They will also be applying for a grant. Floor covering replacement, exterior door replacements; and athletic and facilities upgrades will also be addressed. Grenier noted that there is no change in the total amount, however, $80,000 of that had been applied to rusting shower stalls. We took that out and had the other expenses included which we felt all were safety issues. The dollar amount is right; we just took out that one. Director Ells said that $136,600 is for repair work and upgrades to the highway facility. They plan to upgrade the old facility and complete a functional facility for our staff and response center. Upon a motion duly made and seconded the public hearing was closed at 10:12 PM. VOTE: Unanimous in favor Crocker asked Supt. Grenier if they assessed the projects. Vendors came in and gave us appropriate estimates. Grenier said we submitted 17 projects and they went before finance and the boards (including the school committee) and we looked at the critical needs. We focused on safety issues. Councilor Munafo asked about how many doors at Hyannis West will be fixed; 18 doors. Manager Klimm explained that these two departments were together because they are all public buildings. Upon motion duly made and seconded, it was voted to move the question. VOTE: 13 Yes Upon a motion duly made and seconded it was ORDERED, That the sum of $936,600 be appropriated for the purpose of funding municipal and school building improvements and equipment replacements as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of

the Town Manager, is authorized to borrow $936,600, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes 2009-097 President Chirigotis asked to take this item out of order, and it was approved by consent. 2009-097 – CIP APPROPRIATION & LOAN ORDER/HYANNIS WATER SYSTEM Upon motion duly made and seconded the public hearing on this item was opened at 10:15 PM. VOTE: 13 yes Director Ells gave the rationale. With the 3% we can go forward with the pipe replacement program. This program is eligible for SRF – 20 years at 2%. Manager Klimm said we need to expedite the capital projects. We have a grant search on this. We have other funding sources. We are hoping to fund this through grants. Chairman Krau explained the water users’ costs. Councilor Tinsley asked how do you prioritize who gets the pipe. Ells said they try to coordinate it so that it works with sewer, drainage, and other road work. Councilor Farnham said we had concerns about the condition of the system when we bought it; and we did not want to put the ratepayers in the poor house. The ratepayers were not paying for maintenance before and now they will have to catch up with it. We do have to support this and the rate payers do too. Councilor Munafo said this is the 3% you were talking about. What are we talking about for other rate increases. Ells said we do have recommendations for capital plans. Krau said we will be losing $250,000 that the fire department is no longer paying us. Councilor Crocker noted that the system will be terrific when it gets healthy. This is better for the rate-payers. Hats off to you. Upon a motion duly made and seconded the public hearing was closed at 10:25 PM. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED: That the sum of $1,050,000 be appropriated for the purpose of funding the pipe replacement and upgrade program for the Hyannis Water System as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $1,050,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 Yes

2009-096 – CIP APPROPRIATION & LOAN ORDER/SEWER COLLECTION SYSTEM Upon motion duly made and seconded the public hearing on this item was opened at 10:34 PM. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to amend this item by adding at the end “and that betterments be assessed under the general laws for the improvements.” VOTE: Unanimous on the amendment Director Ells said that this is one of the prioritized projects. It is an SRF eligible project. We are not proceeding with the entire project. This will not include a pump station on the west side. Upon a motion duly made and seconded the public hearing was closed at 10:39 PM. VOTE: Unanimous in favor Ells said they hope to look at it as one project and the west side may be delayed. Councilor Crocker asked if one group may have different betterment charges. Crocker wants everyone to be treated equally and get the same charge. Ells said he could check the calculation. Councilor Curtis asked how many houses are involved in this and is the pump station calculated into this. Ells said 320 properties and the pump station is included. Councilor Munafo asked about funding. Finance Director Milne said if there is a lag, we would do a temporary borrowing and the sewer fund would have to pay the interest costs. Once it is completed, we would convert the short term to a long term borrowing. When can we collect betterments? Once the project is complete the costs will be added up and then the bills go out. Munafo was concerned with the hook-up fees, the betterment fees and the sewer fees during the economic downturn. Is this time sensitive? Ells said this is an on-going program for the 2%. If we don’t have a vote to move to construction then we won’t be able to try to get the 2%. We would miss the opportunity for the principle subsidy. Councilor Milne asked about the pumping station. What percentage of the project is not related to the pumping station? Milne said this is the right time for this and urged councilors to support it. Upon a motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED: That the sum of $3,900,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,900,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to

accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments be assessed under the general laws for the improvements. VOTE: (Roll Call) 13 yes DPW Director Ells introduced all the department heads from DPW who were present for the meeting. NEW BUSINESS 2009-099 AMEND ZONING ORDINANCE RELATING TO DEMOLITION AND REBUILIDNG ON MERGED, DEVELOPED LOTS Upon a motion duly made and seconded this item was referred to a joint public hearing with the Planning Board on June 7, 2009. VOTE: 13 yes (See first page of minutes – all three of these items were stricken from the record and will return when they have an appropriate sponsor and have gone through the correct process). 2009-100 COMMUNITY PRESERVATION FUND APPROPRIATION FOR ACQUISITION OF A CONSERVATION RESTRICTION ON 3.5 ACRES 2009-101 COMMUNITY PRESERVATION FUND APPROPRIATION FOR ACQUISITION OF A CONSERVATION RESTRICTION ON 17 ACRES 2009-102 CPF APPROPRIATION FOR ACQUISITION OF A CONSERVATION RESTRICTION – MARY DUNN ROAD OF 1.79 ACRES Upon a motion duly made and seconded the meeting was adjourned at 10:55 PM. VOTE: Unanimous in favor Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


quorum being duly present, Council President Frederick Chirigotis called the regular meeting of the Barnstable Town Council to order at 7:00 pm, on May 7, 2009, at the Barnstable Town Hall, 367 Main Street, Hyannis, MA.

APRESENT: Janice Barton, Richard Barry, Frederick Chirigotis, James Crocker, Jr. Leah Curtis, Henry Farnham, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., Harold Tobey ABSENT: Ann Canedy and Janet Joakim The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. PUBLIC COMMENT: Al Baker thanked everyone who worked on River Day. Times are not good and people need to maintain their jobs. Chris Kelsey from the Barnstable Patrolmen’s Union noted that about $850,000 will be cut from the Police Department and they will lose about 13 positions. Cuts will affect the service. COUNCIL RESPONSE TO PUBLIC COMMENT None ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of April 16, 2009 with the following corrections: page 2 top – add to Councilor Milne’s statement ,“to the town manager for his approval”. VOTE: Unanimous as amended Upon motion duly made and seconded it was voted to approve the minutes of March 19, 2009. VOTE: Unanimous as written COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Curtis announced that Tony Speller from Barnstaple, England, will be visiting us on May 19, 2009 at 3 p.m. in the hearing room. LATE FILE – Consensus to take out of order 2009-126 – AUTHORIZING THE TOWN MANAGER TO CONTRACT FOR HYANNIS WATER SYSTEM OPERATION AND MAINTENANCE SERVICES The Water Board feels it is time for a 5 year contract. Deb Krau, Chairman, briefly outlined the new contract and reasons behind this request. Councilor Milne asked if it is true that the new contract will cost less than doing it in-house. Mark Ells, Director of DPW, said we were 3rd lowest out of 4. Krau added that the new company also has a lot of expertise with over 1200 professionals working for them.

Councilor Crocker made a motion which was seconded, to add that “The Town Council shall be the approving authority for any of the contracts with five year option periods.” Crocker felt the council should be the one who is responsible. The board did not object and the Town Manager did not object. VOTE ON AMENDMENT: Unanimous in favor ----- Upon motion duly made and seconded it was RESOLVED: That the Town Council authorizes the Town Manager to enter into an agreement of five (5) years with three (3) five (5) year options for a total potential contract term of twenty (20 years, including any renewals, extensions or options, for the purposes of contracting for operation and maintenance services for the Hyannis Water System. The Town Council shall be the approving authority for each of the five year option periods. VOTE: as amended – Unanimous in favor. ORDERS OF THE DAY 2009-074 – SUBSTITUTE - AMEND ZONING ORDINANCE - ADDITIONAL TEMPORARY SIGN USE INTRO: 03/19/09, 04/02/09, 05/07/09 Joint hearings were held with the Town Council and the Planning Board. Planning Board members in attendance were: Ray Lang, Patrick Princi, Chair, Dave Munsell, Paul Curley, Matt Teague (Marlene Weir was not in attendance for the hearings but was in attendance for the vote with the Planning Board taken after all hearings were closed.) Joanne Buntich, Director of Growth Management, said that Councilor Canedy brought forward the item, which was impacting museums and other such non-profits. Francis Broadhurst from the Coast Guard (Trayser) Museum said this is very important to all non-profits that are having a difficult time making ends meet. Temporary banners do help. Councilor Tobey recused himself from the discussion. Upon motion duly made and seconded, it was voted to go in to a public hearing with the Planning Board for the purpose of discussing this item. VOTE: Unanimous in favor Upon motion duly made and seconded, the Planning Board also voted to go in to a public hearing with the Town Council. VOTE: Unanimous in favor Al Baker said we are getting so restrictive. When you make it hard on the civic minded groups with rules it is hard. Be fair and don’t make it so tough that they can’t do things. Upon motion duly made and seconded it was voted to go out of the public hearing at: 7:38 p.m. VOTE: Unanimous in favor Councilor Munafo asked if this item could be allowed to take place immediately. Attorney Weil noted that it could not. He also felt width and length are very similar and questioned why those words were used. Buntich said those words were chosen by the inspectors.

Buntich stated that the manager will permit the event and the banners will be approved by the regulatory services department. Councilor Barry said there were signs all over the place for River Day – who is going to enforce this and will we now only be able to have one sign. He was informed that currently all the signs that are put up like that are not legal. Councilor Curtis said there is not a whole lot of enforcement. But some areas do have enforcement. This is to address the museums etc. so they can use banners. Upon motion duly made and seconded, the Planning Board also voted to go out of the public hearing with the Town Council. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to delete all words in #4 after the words 5 feet in length; and to delete #6 in its entirety. VOTE: Unanimous in favor of this amendment Upon motion duly made and seconded, it was ORDERED, that the Code of the Town of Barnstable, Zoning Ordinance, Section 240-74, Temporary Signs, be hereby amended to add the following: B. Special event and/or temporary signs, flags or banners belonging to a not for profit organization, civic organization or church: 1. Prior to installation, shall be registered with and approved by the Building Commissioner for a specific property owned or leased to a not for profit, civic organization or church. 2. Shall be displayed only during permitted hours of operation and shall be removed once operations cease each day. 3. Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the building commissioner or public safety officials, to be a public safety risk. 4. Shall not exceed 4 feet in width and 5 feet in length. 5. Shall remain subject to approvals of all applicable historic boards or commissions. VOTE: 9 Yes 1 no 1 abstain – Passed (Barry (No); Tobey (Abstain) (Vote taken after the Planning Board brought forward their decision which is noted later on in these minutes.) 2009-075 - AMEND ZONING ORDINANCE - AN EXCEPTION TO THE SIGN CODE INTRO: 03/19/09, 04/02/09, 05/07/09 Upon motion duly made and seconded it was voted to go in to a public hearing and continue it to a date uncertain. VOTE: Unanimous consent Upon motion duly made and seconded, the Planning Board opened the public hearing and continued it to a date uncertain. VOTE: Unanimous in favor to continue

2009-077 - AMEND ZONING ORDINANCE - TIME PERIODS FOR SPECIAL PERMITS INTRO: 03/19/09, 04/02/09, 05/07/09 Upon motion duly made and seconded, it was voted to go in to a public hearing with the Planning Board for the purpose of discussing this item. VOTE: Unanimous in favor Upon motion duly made and seconded, the Planning Board also voted to go in to a public hearing with the Town Council. VOTE: Unanimous in favor Attorney Liza Cox felt that this will benefit applicants and the community, and will allow the zoning board to grant extensions on special permits. Tony Shepley said special permits are only allowed for 1 year and no extensions are allowed. He outlined all the other things that need to be done in a project. Putting this forward will help economic development. Upon motion duly made and seconded, the Planning Board voted to close their public hearing with the Town Council at 8:10 p.m. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted by the Town Council to go out of the public hearing at: 8:10 p.m. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to move the question. VOTE: 10 Yes 1 No Upon motion duly made and seconded it was ORDERED, That Section 1. The Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article XII, Administration and Enforcement, is hereby amended by deleting §240-125C (3), Period of Validity, in its entirety and inserting in its place the following: 240-125C (3) (a) Period of Validity: A special permit shall become void within two years from the date of issue unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, or, if no construction work is contemplated by the special permit, the premises shall be open for business or in full use under said special permit,. The said two year period shall not include time required to pursue or await determination of an appeal referred to in MGL Ch. 40A, §17. However, the special permit granting authority, in its discretion, may extend the time for exercise of such rights for a period not to exceed a total of one year upon a showing of good cause; and provided further, that the request for such extension is filed with the special permit granting authority prior to the expiration of said two year period. If the permit granting authority does not grant such extension, upon the expiration of the original two-year period, such special permit shall become void.

(b) Retroactive Applicability: The period of validity for any special permit in effect on the effective date of these provisions shall be two years from the date of issue, unless further extended pursuant to subsection (a) above. The period of validity for any special permit that would have lapsed before the effective date of these provisions but for which a request for extension was filed prior to its lapse, shall be two years from the date of issue, unless further extended pursuant to subsection (a) above. Section 2. That the Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article III, District Regulations, §240-17. Open Space Residential Development is hereby amended by deleting §240-17Q (2) in its entirety and inserting in place thereof, the following new (2): (2) Period of Validity: The provisions of §240-125C (3) shall apply. VOTE: Unanimous in favor (Vote taken after the Planning Board brought forward their decision which is noted later on in these minutes.) 2009-099 - AMEND ZONING ORDINANCE RELATING TO DEMOLITION AND REBUILIDNG ON MERGED, DEVELOPED LOTS INTRO: 04/16/09, 05/07/09 Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing the above item. VOTE: Unanimous in favor Upon motion duly made and seconded, the Planning Board voted to open their public hearing with the Town Council. VOTE: Unanimous in favor Joanne Buntich noted some adjacent 1 acre lots were more or less merged through house placement and other reasons. This will “unhinge” them. Liza Cox represents some owners of merged lots, where, if the house were moved, the one acre parcels could be looked at separately. Councilor Milne asked if Growth Management determined how many additional lots this would create. Buntich said there are about 50 lots. She does not have an exact number. In reality it will be less. Upon motion duly made and seconded it was voted to go out of the public hearing at: 8:24 p.m. VOTE: Unanimous in favor Upon motion duly made and seconded, the Planning Board voted to close their public hearing with the Town Council at 8:24 p.m. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted to move the question. VOTE: 9 Yes 2 No Upon motion duly made and seconded it was

ORDERED: that Section 1. That the Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article VIII, Nonconformities, §240-91H is hereby amended by adding a new paragraph (2) as follows: (2) As of Right: Merged Lots Each Containing a Minimum Area of 43,560 Square Feet of Contiguous Upland. Where immediately prior to November 16, 2000, two legally created contiguous lots each containing a minimum area of 43,560 square feet of contiguous upland were: (a) located in the Resource Protection Overlay District and (b) held in common ownership and (c) improved by the construction of one single-family residence including accessory structures which occupied both lots, each said 43.560 square foot lot may be treated under these provisions as two separate buildable lots, provided that each of said lots conformed to all the bulk regulations of the zoning ordinance immediately prior to November 16, 2000 and as long as the other requirements of §240-91H(1)(a)-(c) above are satisfied. And by renumbering the paragraphs thereunder so that the current §240-91H(2) becomes §240-91H(3). Section 2: That the Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article VIII, Nonconformities, §240-91H is hereby amended by adding a new subsection §240-91H(3)(d) which reads: “This section shall only apply to H(2) to the extent that the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above and shall not be available for relief from any of the other provisions of H(2).” And so §240-91H would now read as follows: H. Developed lot protection; demolition and rebuilding on nonconforming lots. Preexisting legal nonconforming lots which have been improved by the construction of a single- or two-family residence which conformed to all provisions of the zoning ordinance or bylaw at the time of construction shall be entitled to completely demolish the old residence and construct thereon a new residence in accordance with the following. [Added 11-18-2004 by Order No. 2005-025] (1) As of right. The proposed demolition and rebuilding shall be permitted as-of-right on a preexisting legal nonconforming lot that contains a minimum of 10,000 square feet of contiguous upland, provided that the Building Commissioner determines that all of the following criteria are met: (a) The proposed new structure conforms to all current use and setback requirements of the zoning district it is located in; (b) The proposed construction conforms to the following requirements of lot coverage, floor area ratio and building height: [1] Lot coverage by all buildings and all structures shall not exceed 20% or the existing lot coverage, whichever is greater; [2] The floor area ratio shall not exceed 0.30 or the existing floor area ratio of the structure being demolished and rebuilt, whichever is greater; and [3] The building height, in feet, shall not exceed 30 feet to the highest plate and shall contain no more than 2 1/2 stories. The building height, in feet, shall be defined as the vertical distance from the average grade plane to plate.

(c) Further expansion of the rebuilt structure must conform to Subsection H(1)(b) above. (2) As of Right: Merged Lots Each Containing a Minimum Area of 43,560 Square Feet of Contiguous Upland. Where immediately prior to November 16, 2000, two legally created contiguous lots each containing a minimum area of 43,560 square feet of contiguous upland were:

(a) located in the Resource Protection Overlay District and (b) held in common ownership and (c) improved by the construction of one single-family residence including accessory

structures which occupied both lots, each said 43,560 square foot lot may be treated under these provisions as two separate buildable lots, provided that each of said lots conformed to all the bulk regulations of the zoning ordinance immediately prior to November 16, 2000 and as long as the other requirements of §240-91H(1)(a)-(c) above are satisfied.

(3) By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above, then the Zoning Board of Appeals may allow the demolition and rebuilding by special permit, provided that the Board finds that: (a) If the proposed new dwelling does not comply with Subsection H(1)(a) above, then the proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building; and [Amended 2-17-2005 by Order No. 2005-058] (b) All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met. (c) The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. (d) This section shall only apply to H(2) to the extent that the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above and shall not be available for relief from any of the other provisions of H(2). VOTE: 2 No 9 Yes (Barry (No); Milne (No)) (Vote taken after the Planning Board brought forward their decision which is noted later on in these minutes.) Councilor Janice Barton welcomed students from the Lighthouse Charter School who were observing the meeting. FY2010 Proposed Operating Budget Workshop was started at 8:38 p.m. Manager Klimm addressed the council, thanked Bob O’Brien for his work on the budget; and, announced that the School, Airport and DPW were ready to give an overview. Klimm addressed the council’s strategic plan and foundation for the work. FY2010 will present some of the most challenging of times. Things look gloomy on the state level and revenues are decreasing. New car sales are dropping and hotel motel taxes will decline. He highlighted other items that will negatively impact us. He said not one of our departments escaped the knife. We have to live within our means. Klimm explained how the budget is created and thanked all the school and municipal employees. All managers are foregoing cost of living increases and union employees have also made concessions.

Finance Director, Mark Milne gave a presentation (see attachment A) that highlighted the anticipated revenues and expenses. He showed that we are asking for $2M less this year than last. Patrick Princi, Chairman of the Planning Board was allowed to speak briefly. He gave the update and the votes that the Planning Board took on all three items. They moved that items: substitute 2009-074, as amended; 2009-077; and substitute 2009-099, all be adopted. Finance Director Milne said we won’t know what our final state aid will be until the summer. He highlighted budget reductions, cuts and changes in resources and appropriated funds. Councilor Curtis asked if the state aid decreases, how do we deal with it. Klimm said we must do a budget in accordance with our charter. If there are changes we will come back with a revised budget. SCHOOL COMMITTEE and SUPERINTENDENT OF SCHOOLS Supt. Patricia Grenier came forward and gave each councilor a binder that included: a Program of Studies, a powerpoint presentation, a timeline of the budget process, various communications, a memorandum between the school and town; public presentations, summary of their budget, enrollment in the district; ARRA – stimulus money; 9C cuts; special education funding; MCAS study on the town’s performance. She said that many questions come forward so this is a culmination of those questions. (See Powerpoint presentation appended hereto and marked “B”) Grenier highlighted the core values and stated that the cuts make it most difficult to maintain them. She felt the budget process was the most inclusive of any process she has gone through and is a moving target. Committee Chair Ralph Cahoon said they are in the midst of negotiations. However, no raises have been factored in. Farnham said it was an unbelievable exercise and he commended her, as did many other councilors. Councilor Munafo does not want the maintenance cut and hopes that this is only for a one year period of time. Cahoon said they have a long-term capital improvement program. Councilor Barton said things that happened in the past need to stay there. This council has tried to be fiscally responsible and the school committee and superintendent took on that responsibility. President Chirigotis thanked Supt. Grenier and the school committee and noted that we are all going to work through this together. 2009-103 - COMMUNITY PRESERVATION FUND APPROPRIATION FOR ACQUISITION OF A CONSERVATION RESTRICTION ON 17 ACRES INTRO: 05/07/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on May 21, 2009. VOTE: Unanimous (Councilor Farnham asked for a number of items to be brought forward at the hearing such as appraised value. He was assured that they would be.)

2009-104 - COMMUNITY PRESERVATION FUND APPROPRIATION FOR THE ACQUISITION OF A CONSERVATION RESTRICTION ON 3.5 ACRES INTRO: 05/07/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on May 21, 2009. VOTE: Unanimous (Barry out of the room) 2009-105 - TRANSFER & APPROPRIATION ORDER - ACQUISITION & CREATION OF OPEN SPACE AT 864 MARY DUNN ROAD & 0 MID-CAPE HIGHWAY INTRO: 05/07/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on May 21, 2009. VOTE: Unanimous 2009-106 - AMEND ORDINANCES ESTABLISHING AN ENTERPRISE ACCOUNT FOR THE HYANNIS YOUTH & COMMUNITY CENTER OPERATIONS INTRO: 05/07/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on May 21, 2009. VOTE: Unanimous (Barry back in room) 2009-107 - APPROPRIATION ORDER TO FUND THE POLICE DEPARTMENT FY10 OPERATING BUDGET INTRO: 05/07/09 Upon motion duly made and seconded, it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-108 - APPROPRIATION ORDER TO FUND THE FY10 MUNICIPAL AIRPORT ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-109 - APPROPRIATION ORDER TO FUND THE FY10 LOCAL SCHOOL SYSTEM BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous

2009-110 - APPROPRIATION ORDER TO FUND THE FY10 DPW GENERAL FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-111 - APPROPRIATION ORDER TO FUND THE FY10 DPW SOLID WASTE ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-112 - APPROPRIATION ORDER TO FUND THE FY10 DPW WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-113 - APPROPRIATION ORDER TO FUND THE FY10 DPW WATER SUPPLY ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-114 - APPROPRIATION ORDER TO FUND THE FY10 REGULATORY SERVICES DEPARTMENT BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-115 - APPROPRIATION ORDER TO FUND THE FY10 COMMUNITY SERVICES DEPARTMENT GENERAL FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous

2009-116 - APPROPRIATION ORDER TO FUND THE FY10 COMMUNITY SERVICES DEPARTMENT GOLF COURSE ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-117 - APPROPRIATION ORDER TO FUND THE FY10 COMMUNITY SERVICES DEPARTMENT MARINA ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-118 - APPROPRIATION ORDER TO FUND THE FY10 COMMUNITY SERVICES DEPARTMENT SANDY NECK PARK ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-119 - APPROPRIATION & TRANSFER ORDER TO FUND THE FY10 COMMUNITY SERVICES DEPARTMENT HYCC ENTERPRISE FUND BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-120 - APPROPRIATION ORDER TO FUND THE FY10 GROWTH MANAGEMENT DEPARTMENT BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-121 - APPROPRIATION ORDER TO FUND THE FY10 TOWN COUNCIL DEPARTMENT BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous

2009-122 - APPROPRIATION ORDER TO FUND THE FY10 TOWN MANAGER DEPARTMENT BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-123 - APPROPRIATION ORDER TO FUND THE FY10 ADMINISTRATIVE SERVICES DEPARTMENT BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-124 - APPROPRIATION ORDER TO FUND THE FY10 OTHER REQUIREMENTS BUDGET INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous 2009-125 - AUTHORIZATION ORDER FOR FY10 REVOLVING FUNDS INTRO: 05/07/09 Upon motion duly made and seconded it was voted to refer this item to a public hearing on June 4, 2009. VOTE: Unanimous Budget Workshop on Airport Manager Klimm gave a brief overview on the airport and welcomed Airport Manager Bud Breault who continued the overview. He stated that it is a flat budget with 4 exceptions. The manager and assistant are not taking COLAS. He outlined just a few changes. Councilor Barry asked about the increase for salaries. Breault said there were no changes in the contracts. There is an increase for step and contracted increases. Councilor Crocker asked if the unions were requested to reduce. They were not asked. Upon motion duly made and seconded it was voted to extend the meeting beyond 11 p.m. VOTE: Unanimous in favor Councilor Farnham asked about increased legal fees. Breault said there have been increases on ancillary legal costs. Councilor Milne asked what would happen if you used the Town’s attorney instead of hiring your own. ADJOURNMENT

Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at11:06 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable NEXT MEETING: May 21st

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May 21, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, May 21, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., James M. Tinsley, Jr. (7:15) and Harold Tobey. Absent: Thomas Rugo President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT - None COUNCIL RESPONSE TO PUBLIC COMMENT - None

ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes to the May 7, 2009 as written. VOTE: Unanimous (Joakim abstained) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Town Assessor Jeff Rudziak announced that shortly the department will be sending out notices to residents to recertify whether or not they qualify for the residential exemption, should the council vote to allow it. Councilor Canedy requested a copy of the letter to councilors prior to mailing. Councilor Milne asked various questions on the process. Special cases will be treated on a case-by-case basis. Councilor Milne announced the upcoming annual meeting of the Cape Cod Selectmen & Councilors. Councilor Joakim announced the annual Memorial Day Parade. Councilor Barton congratulated Roger Santos for attaining the status of Eagle Scout. ORDERS OF THE DAY OLD BUSINESS President Chirgotis took Item 2009-106 out of order. There were no objections. 2009-106 GENERAL ORDINANCE AMENDMENT – ENTERPRISE ACCOUNT FOR HYANNIS YOUTH & COMMUNITY CENTER OPERATIONS Upon a motion duly made and seconded a public hearing was opened on this item at 7:15 PM. VOTE: No objection Town Manager Klimm gave the rationale.

• Councilor Curtis asked if the transfer from the Capital Trust Fund was in the original proforma. Finance Director Mark Milne answered that it was. He believed the Enterprise account should be able to “chip in” towards the payment in year two.

• Councilor Farnham asked if there is a professional rink manager included in the budget. Lynn Poyant, Director of Community Services, addressed the facility management plan. She explained that the FY 2010 budget is for 10 months not a full year. A copy of the present business plan will be

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provided. David Curley, Recreation & Human Services Director, clarified the financial status and announced that “the facility is looking wonderful.” There are many public and private users already under contract. At this point all the ice time is rented from September to April. The facility will be done on budget and on time.

• Councilor Crocker asked Director Milne to explain what happens in the event of the failure of an Enterprise fund. Milne explained that an Enterprise fund is cleaner and clearer because revenue and expenses relate to only one operation. If it becomes a revenue deficit the General Fund must contribute to maintain its self-sufficiency. There will be a pay-back period from the Enterprise to the Capital Trust Fund to pay back the bond, not the taxpayer.

• Councilor Milne asked about the old facility. Changes in the original facility were done periodically to keep it up. The new one will not require that.

• Councilor Canedy expressed concern about adding 5 new positions when cuts are occurring. She now supports the facility and the Enterprise fund.

Upon a motion duly made and seconded the public hearing was closed at 7:35 PM. VOTE: No objection 2009-106 GENERAL ORDINANCE AMENDMENT – ENTERPRISE ACCOUNT FOR HYANNIS YOUTH & COMMUNITY CENTER OPERATIONS Upon a motion duly made and seconded it was ORDERED, that §86-6 of the General Ordinances is hereby amended by inserting at the end thereof the following new paragraph:

“H. The Department of Community Services Hyannis Youth and Community Center facility, as an enterprise thereunder.”

VOTE: 12 yes (Roll Call) 2009-103 COMMUNITY PRESERVATION FUND APPROPRIATION ORDER FOR ACQUISITION OF 17 ACRE CONSERVATION RESTRICTION Upon a motion duly made and seconded a public hearing was opened on this item at 7:35 PM. VOTE: No objection Manager Klimm gave the rationale. Jaci Barton gave some history on the Bush/Brown property going back to when John Klimm was a selectman. (See Exhibit A.) The parcel provides important well-field protection since it abuts the Barnstable Fire District. It adds to the community character; reduces possibility of land development, which could accommodate 11 building lots; and provides a linkage for the wildlife corridor. Debbie West of Barnstable Village, along with about a dozen other residents, commented in favor of the proposal. Tom Mullen also spoke in favor. The Mass DEP is willing to put up $357,000 to protect water and wells. The fire district is willing to pay an additional $257,000. The town is being asked for $200,000 to realize this purchase. Dan Ojala also spoke in favor. It is the only large tract adjacent to the fire district well, with acres of rolling terrain and lots of animals. It is a win/win. Laura Cronin from the Land Acquisition Committee said they are in favor of this purchase. Upon a motion duly made and seconded the public hearing was closed at 7:50 PM. VOTE: No Opposition

• Councilor Canedy spoke in favor highlighting some of the benefits, including the elimination of six potential homes, and the possibility that the open space may increase the value of surrounding

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properties. The purchase has broad support. She stated that if the district did not support this, she would not have supported it. It is a win/win.

• Councilor Munafo confirmed that the town’s portion was only $200,000 and that the Conservation Restriction gives the town its legal interest in the property. He also inquired about any proper use of CPA funds for purchases outside the town. Barton replied that CPA funds were used for a COMM District purchase.

Councilor Crocker made a motion which was seconded to amend Item 2009-103 after “Map 278 Parcel 048” as follows: “provided that the restriction shall revert to the Town upon the dissolution, abandonment, or failure of the Barnstable Land Trust to assent to any approvals within 30 days of submission;” VOTE: Unanimous Councilor Farnham made a motion which was seconded to amend Item 2009-103 by adding the following after Councilor Crocker’s amendment: “this funding is subject to the Barnstable Fire District contributing at least $600,000 toward the purchase of the property:” VOTE: Unanimous As amended: 2009-103 COMMUNITY PRESERVATION FUND APPROPRIATION ORDER FOR ACQUISITION OF 17 ACRE CONSERVATION RESTRICTION Upon a motion duly made and seconded it was ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of Two Hundred Thousand and No/100 ($200,000) Dollars be appropriated and transferred from the amount set aside for Open Space in the Community Preservation Fund on March 30, 2009; and that the Town of Barnstable Growth Management Department is authorized to contract for and expend the amount of ($200,000) with the prior approval of the Town Manager for the purpose of acquiring a conservation restriction on a 17 acre parcel located at 0 Pine Lane in Barnstable Village, on Map 278 Parcel 048; provided that the restriction shall revert to the Town upon the dissolution, abandonment, or failure of the Barnstable Land Trust to assent to any approvals within 30 days of submission; this funding is subject to the Barnstable Fire District contributing at least $600,000 toward the purchase of the property; said land is to be owned by the Barnstable Fire District under the control of the Water Department. VOTE: 12 Yes (Roll Call) 2009-104 COMMUNITY PRESERVATION FUND APPROPRIATION ORDER FOR ACQUISITION OF 3.5 ACRE CONSERVATION RESTRICTION Manager Klimm gave the rationale. Jaci Barton gave the history of the Galloway property purchase. See Exhibit B. The Land Trust pre-acquired the property. They received grants from several organizations. The goal was to put a trail connecting to some other trails. They were able to raise $410,150 from grants and gifts and need another $100,000 from CPA funds. Upon a motion duly made and seconded a public hearing was opened on this item at 8:28 PM. VOTE: No objection Upon a motion duly made and seconded the public hearing was closed at 8:29 PM. VOTE: No objection

• Councilor Munafo asked what would happen if the town rejects this. Paula Goldberg from the Compact of Cape Cod Conservation Trust explained that if the council does not approve the appropriation and the BLT is unable to purchase the property by June 30, they will seek to have another conservation entity buy it. Munafo felt that since the property is already in conservation and the town is loosing $30,000, why not save the $100,000 for another purchase.

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• Councilor Canedy asked what would happen if the town does not approve the funding. The BLT is unable to raise all the necessary funds to get to the closing. The town’s interest would be the conservation restriction, and development rights.

• Councilor Joakim pointed out that the CPC looks at many applications but is interested in partnerships like this one. Councilor Crocker supports it; it does not add complications.

2009-104 COMMUNITY PRESERVATION FUND APPROPRIATION ORDER FOR ACQUISITION OF 3.5 ACRE CONSERVATION RESTRICTION Upon a motion duly made and seconded it was ORDERED, that pursuant to the provisions of G.L. c. 44B, the sum of One Hundred Thousand and No/100 ($100,000) Dollars be appropriated and transferred from the amount set aside for Open Space in the Community Preservation Fund on March 30, 2009; and that the Town of Barnstable Growth Management Department is authorized to contract for and expend the amount of ($100,000) with the prior approval of the Town Manager for the purpose of acquiring a conservation restriction on a 3.5 acre parcel located at 580 Old Post Road in Cotuit, on Map 054 Parcel 007. VOTE: 11 Yes, 1 No (Munafo) (Roll Call) 2009-105 TRANSFER & APPROPRIATION ORDER – ACQUISITION & CREATION OF OPEN SPACE AT 864 MARY DUNN ROAD Upon a motion duly made and seconded this item was postponed to July 16, 2009. The rationale for the postponement was the lack of a trustee for the Cobb Trust. VOTE: Unanimous NEW BUSINESS 2009-127 ACQUISITION OF AN EASEMENT ON BOG ROAD MARSTONS MILLS Upon a motion duly made and seconded this item was moved to a second reading on June 4, 2009. VOTE: Unanimous 2009-128 APPROPRIATION & TRANSFER ORDER FOR LIGHTING IN ASELTON PARK Upon a motion duly made and seconded this item was referred to a public hearing on June 18, 2009 VOTE: Unanimous President Chirigotis gave a brief explanation of the 3 late files which needed quick passage if the town was going to meet some funding application deadlines. 2009-131 APPROPRIATION & LOAN ORDER – SEWER COLLECTION SYSTEM EXPANSION Upon a motion duly made and seconded, this item was referred to a public hearing on June 4, 2009. VOTE: Unanimous 2009-132 APPROPRIATION & LOAN ORDER – PUMP STATION AND FORCE MAIN Upon a motion duly made and seconded, this item was referred to a public hearing on June 4, 2009. VOTE: Unanimous 2009-133 APPROPRIATION & LOAN ORDER – SEWER COLLECTION SYSTEM EXPANSION Upon a motion duly made and seconded, this item was referred to a public hearing on June 4, 2009. VOTE: Unanimous

Budget Workshop

Manager Klimm updated his prior presentation with the additional information based on councilor requests. (See Exhibit C pages 7-11.)

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Public Works Department Mark Ells, Director, made a PowerPoint presentation. (See Exhibit D) He expects to go forward with many of these projects despite the budgetary reductions. Councilors Curtis, Crocker, Milne, Canedy and Farnham had questions.

• Director Ells said the town can expect slower response to work order requests, grass mowing, cleaning municipal buildings, etc. due to fewer staff and fewer resources; the department is down 13 staff.

• Ells prefers to pay for design with cash and borrow the construction cost. He has found that outsourcing sometimes delivers a higher level and more cost effective product. He makes the determination by looking at the cost-effectiveness of what has been done in-house.

• The water supply division will continue to operate with contracted services. As resources become available, he will focus on those things that have come to the end of their useful lives.

• Ells is not opposed to curbside trash pickup. The possibility of a workshop on the subject has support. Hyannis, which has a higher percentage of private carriers, would probably benefit. Some people do like to go to the landfill.

• The department has “stepped up to the plate” on the Barnstable Harbor bulkhead repair. • The four full-time positions cut from the budget were held vacant so no filled positions have been

cancelled. • On a lighthearted note, municipal auctions were suggested for fundraising e.g. the high bidder gets to

ride in a dump truck or spend the day riding with the Police Chief. Community Services Department Lynn Poyant, Director, made a PowerPoint Presentation (See Exhibit E) Councilors Curtis, Munafo, Canedy, Tinsley and Crocker asked questions.

• Dan Horn explained some of what is listed under Waterways vs. Moorings: Waterways includes safety landings, channel markers, etc., while Moorings oversees the issuance of permits, pinpointing moorings, etc. They were one program but now services relating to moorings are identified.

• Efforts are made to insure revenues meet expenses in the Golf program. Mark Ghelfi, Director of the Golf Division, has cut costs by laying off 8 people, closing the golf course for part of winter, using lesser grades of fertilizer and pesticide, etc. He used less seasonal help, making several positions 9 month, and being more vigilant about it. Everyone is doing more than expected. Golf managers have combined to create a Cape-wide website, etc. to encourage tourism. They work with various chambers of commerce to create a “golf Cape Cod” image.

• The course in Hyannis has an operational deficit, while the other has a surplus. The debt service to be paid is higher than expected due to an unanticipated change from the DOR, shortening the payback term from 11 to 9 years. Poyant feels the courses will make up serious financial ground during the remainder of May and June. However, if the full payment cannot be made, the golf course will be able to “write it off” since this was an unexpected new ruling.

• Madeline Taylor, Senior Services Director, said the seniors have been able to save money due to the time consuming efforts of the staff. She is hoping to break $1M in savings for seniors.

Growth Management Joanne Buntich, Acting Director, made a PowerPoint presentation (See Exhibit F) Councilors Canedy, Crocker, Joakim, Curtis, Farnham and Milne pursued several points.

• The personnel loss is a currently unfilled position. • Grant writing has been successful and while the focus has been downtown Hyannis, Buntich feels

more can be done. There is a commitment to move forward despite being hampered by staffing shortages.

• Route 132 and nodes along Route 28 were suggested as areas for redevelopment as well as the possibility of grandfathering to expand the use of buildable lots that have been limited. Outreach beyond Hyannis by initiating new projects, one village per year, may be slowed by lack of staffing, but will engage the public in the process and address concerns.

• The evaluation of town-owned lands for housing suitability should be completed by June 30.

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• Suggestions that economic development, which is an important priority of the council, should be better addressed. Prior studies such as the Tishler Report and the Comprehensive Plan address these issues, suggesting that the town planners and community should be focusing the development.

Police Department Paul McDonald, Chief of Police, made a PowerPoint presentation. (See Exhibit G) A motion was duly made and seconded to extend the meeting beyond 11 PM until completion of business. VOTE: Unanimous Councilors Joakim, Canedy, Crocker and Farnham had questions.

• There have been wage concessions from the unions as well as 14 full and part-time filled positions not rehired, in addition to other budget cuts. There are no grant opportunities for the PD. Some programs will be curtailed.

• Backfilling positions with higher paid personnel do not appear cost effective, but entry level wages are deceptive because they always include the cost of the Police Academy. The department gives preference to qualified Barnstable residents. Overtime pay is not related to detail pay, which is paid by the hiring organization.

• The decrease in cruisers may affect street time. The department has to turn over 7 to 9 cruisers to maintain the fleet. Mileage is not as bad with the foot and bicycle patrols.

Regulatory Services Thomas Geiler, Director, made a Power Point presentation (See Exhibit H) Councilors Joakim and Canedy commented.

• Unions have made concessions. The effect on enforcement is unknown. Geiler anticipates delays in the ability to provide services.

Human Resources William Cole, Director, made a PowerPoint presentation (See Exhibit I) Councilors Crocker, Milne and Farnham had questions.

• There is a charge-back from enterprise funds for personnel services, including the airport, and the amounts are automatically charged.

• The department is assisting in the transition for laid off employees, retraining, etc. • Cape Cod Health Care keeps the health care expense numbers and the entire group benefits by a

decrease in premiums. • Cole is involved in the school department negotiations but is not at liberty to comment.

Information Technology Dan Wood, Director, made a PowerPoint presentation (see Exhibit J) Legal Department Ruth Weil, Town Attorney, made a PowerPoint presentation (See Exhibit K) Councilors Joakim, Milne and Crocker commented.

• The staff is a bargain. Weil will provide the dollar amount that was farmed out to other attorneys on various cases.

Administration Mark Milne, Director, made a PowerPoint presentation (See Exhibit L) A motion was duly made and seconded to adjourn the meeting at 12:05 AM. VOTE: Unanimous Respectfully submitted, Lucia Fulco Assistant Town Clerk

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June 18, 2009 President Chirigotis announced that the public hearings on Item 2009-131 Appropriation & Loan order for the sewer collection system expansion at Lake Wequaquet; Item 2009-132 Appropriation & Loan order for pump-station and force main design and construction; and Item 2009-133 Appropriation & Loan order for sewer collection system expansion at Stewart’s Creek; would be postponed until Thursday June 25, 2009 at 7 PM and be held at the Knight Auditorium of the Barnstable High School. The postponement was necessitated when Chief of Police Paul McDonald informed President Chirigotis that the number of people in the hearing room violated the maximum occupancy allowable by a fair number and prohibited the commencement of the meeting until the allowed occupancy was achieved. Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:25 pm, on Thursday, June 18, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. Absent: Leah Curtis President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT Jon Julius said it was reprehensible that the town was attempting to “sneak through” appropriations that will place financial constraints on the people. The council should see what the people can afford. He said that the voters will take out every councilor, one by one. Eric Schwaab spoke on the council’s lack of responsiveness. He posed questions regarding his water fees, spending millions without replacing any asbestos pipe, etc. He also wanted to know why Centerville can elect its water commissioners while Hyannis cannot - they are appointed by the town manager. Al Baker felt the Charter Commission should have had such a turnout. He pointed out that whether issues occur depends on how close it comes to their “back yard” and their pocketbook. On the other side, one does not want to leave children a future world that is worse than it is now. Rob Anderson felt the postponement would allow for better communication because there was not too much coverage on tonight’s agenda. A proper venue will better communication and better channel energy. Milton Berglund addressed Stewart Creek as a comprehensive project, including working with the Corps of Engineers. Johanna Kehoe, a science teacher, feels it is an engineering problem. She saw democracy not working this evening. COUNCIL RESPONSE TO PUBLIC COMMENT

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Councilor Munafo said that while this looks bad, action on the projects is coming down to the wire and the council has only had a few weeks to get the information out. He said a prior speaker wanted the work to be done but not pay for it. Munafo believes the work on Stewart Creek has to be done. Councilor Milne said that there had been a huge attendance at the first town-wide DCPC and no time limit for speaking was imposed at that time. He is favorable to changing material from blacktop and coordinating the projects involved – culvert, sewer, etc. He explained that the Hyannis water system is owned by the town, while the other water companies are districts allowed under MGL. The ability to elect commissioners is required in districts but not available to the Hyannis water department, which is a division of the town. He felt an act of the legislative branch would be needed to create an election of water commissioners. Councilor Barry suggested people view the Mass. Estuary Study and log on to the Conservation Law Foundation on the internet. The Foundation will sue every town that is not in compliance. There should be no complaint about spending $30,000 to hook up to an existing wastewater plant. The western part of town doesn’t even have that option. He feels this is an opportunity for low interest loans. If it is mandated that the town build a system, it will be a huge issue and all need to pay attention. If it goes to court, the town will lose, because water quality in the embayment is bad. He warned that while this is poor timing, it is pay a lot now or pay a lot, lot more later. Councilor Joakim pointed out that this has been posted for over three weeks and had a reading on June 4th. It was not rushed through. The council has no control on when a newspaper writes a story. Councilor Crocker pointed out that the town took on the expense of mailing everyone individually, which was above and beyond normal notice. The government “got you here” but could not help the fact that the Chief said the room was overburdened. He feels this will be one of the hardest votes that will be taken. He commented on the COMM enabling act and explained that it resulted years ago when the town was not willing to collect taxes on street lights and water usage. This time the town took the opportunity to buy the water company, collect taxes and set water rates. The voters have no right to vote for the Hyannis commissioners. It is an enterprise account of the town and has to respond to DOR. Councilor Tobey told many constituents to “bring their friends,” however the council must abide by the rules. President Chirigotis said the “buck stops here.” The discussion has not occurred yet and it is hard to give a response. He hopes that there will be at least as many present next week as were here tonight, if not more. The town was only notified in early May that to qualify for loans through the federal stimulus package, the projects had to be committed by June 30, and the completed loan application ready by Aug 1. These are zero to 2% interest loans. Next week every one on both sides will speak have the opportunity to speak and the meeting will continue to Friday night and the following Monday night if needed.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of May 21, 2009 as written VOTE: Unanimous Upon a motion duly made and seconded it was voted to postpone action on the June 2, 2009 minutes until July 16, 2009. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilors Barton, Crocker, Barry, Munafo, Canedy, Milne, Farnham, Joakim, Chirigotis, and Tobey announced various upcoming events.

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• Councilor Milne noted some problems at the Gary R. Brown boat ramp – the steep slope of ramp is causing vehicles to bottom-out and every catch basin is higher than the water, funneling the water into the harbor.

• Councilor Joakim announced that she and councilor Barton were appointed to the Cape & Islands Committee on the Status of Women. Barton was nominated to serve as chairman.

DPW Director Mark Ells reported on several items.

• His staff will be watching the boat ramp and drains; they can be corrected. • The failure of the pumps at the South Street Station was a malfunction of the control system.

Once they were put on manual, they began to work. • Four properties were affected by the backup of sewerage through the manhole; however there

were no indications of it going into the harbor. More modern control systems are being installed.

• The roundabout at Bassetts Lane and Bearses Way is in the process of being installed. Councilor Munafo asked for better signage, etc. at that area.

ORDERS OF THE DAY OLD BUSINESS Substitute Text 2009-137 DCPC IMPLEMENTING REGULATIONS-CENTERVILLE VILLAGE DISTRICT Upon a motion duly made and seconded a public hearing on this item was opened at 8:35 PM. VOTE: Unanimous Planning Board Members present: Chairman Patrick Princi, David Munsell, Raymond Lang, Paul Curley and Mark Tate. Upon a motion duly made and seconded the Planning Board voted to open a public hearing. VOTE: Unanimous Joanne Buntich, Acting Director of Growth Management, gave the rationale and explained each section of the order. This order does not apply to any other part of town, only the portion outlined on the map (See Exhibit A) Committee members: Lisa Cox, Phil Boudreau and Roy Richardson, were present. John Doherty warned Centerville residents that because it is an easy process to change zoning, changes should not be easily done. He voiced concerns, including that surrounding areas could be affected. Attorney Sarah Alger represents stake holders in the Craigville portion. There is concern that the adoption of certain concepts could establish a precedent which might be carried over to the Craigville DCPC. Attorney Barry Weiner is on the advisory group for the Craigville Beach component of the DCPC. Craigville is a residential district, while the Centerville district is commercial. Will it limit those who have non-conforming lots? He will continue to work with the advisory committee and will explain their concerns to the council. Christina Decastro of Centerville stated that not all village residents want these design guidelines. Kate Singletary, a business owner and member of both the Centerville Civic Association and the Centerville Beautification Committee, said that this DCPC protects the uniqueness of the village. It gives business owners the hook they need to help all businesses in Barnstable. Many tourists come to Centerville because of it’s unique character. This will protect that character. Meg Loughran read a letter of support from Lorraine O’Connor and Joanne Uchman, 1856 Country Store. (See Exhibit B). The construction of several buildings that were not within the character of the

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rest of the area concerned residents, led to visioning sessions, and finally, to this DCPC creating the Centerville Village District. Loughran is pleased that there is a Growth Management department which manages the growth of the town. She urges adoption. John Pendergast feels fortunate to have such a definition to maintain the area as it is. It is a positive step forward. Roy Richardson feels this is a way of preserving the value of the village and providing protection for the historic nature of the village. Shirley Fisher said many have never heard of the DCPC despite the discussion and effort. Once the concept and what it would do for the area was explained, people were in favor. She urges council support of this DCPC. Upon a motion duly made and seconded the public hearing was closed at 9:08 PM. VOTE: Unanimous Upon a motion duly made and seconded the Planning Board voted to close the public hearing. VOTE: Unanimous Councilor Milne asked Ms. Buntich if she were comfortable with the wording to control the formula businesses. Best practice will be brought to bear. He hoped there would be a way to include Craigville Pizza and the Craigville General Store, which are outside the district. Councilor Canedy is looking at the two proposals separately and asked why large restaurants were not excluded. Buntich explained that small scale restaurants are allowed, but large scale are not. Formula brand becomes a use limitation and formula branding, a design guideline. Councilor Farnham confirmed that the map shows what exists and what is proposed, within black outline. The green district outside the back border remains RC district. Councilor Crocker has an issue using the grade as an average for building height rather than the distance from sill to ridge; impervious surface changes the traditional definition of it. Professional or Business Office should be stricken since anything large would not be able to have a sewer. He questioned the meaning of Small Scale Food and Retail. He added that relying on site plan review is ‘squishy’ and there is no grandfathering provision. Councilor Canedy made a motion which was seconded to postpone Item 2009-137 to the next regularly scheduled council meeting on July 16, 2009. Councilor Tinsley asked if there would be a time issue created by postponement. Buntich said that July 16 is doable. Attorney Weil said the item needed to be adopted by the council by Sept 10 to forward it to the Cape Cod Commission, so July would be ok. The Planning Board agreed with the postponement as it would give them more time to digest the subject matter. A moratorium remains in effect until the DCPC fails. On postponement: VOTE: Unanimous The Planning Board made a motion which was seconded to postpone Item 2009-137 to July 16, 2009. VOTE: Unanimous 2009-138 AMEND REGULATORY AGREEMENT ORDINANCE TO INCLUDE THE CENTERVILLE VILLAGE DISTRICT A motion was made and seconded to open a public hearing on Item 2009-138 at 9:33 PM. VOTE: Unanimous

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A motion was made and seconded to continue the public hearing to July 16, 2009. VOTE: Unanimous The Planning Board also made a motion which was seconded to open a public hearing on Item 2009-138. VOTE: Unanimous The Planning Board made a motion was made and seconded to continue the public hearing to July 16, 2009. VOTE: Unanimous Recess at 9:35 – 9:45 PM 2009-139 AMEND ZONING ORDINANCE RELATING TO SCCRCOD Upon a motion duly made and seconded a public hearing on this item was opened at 9:45 PM. VOTE: No objection Upon a motion duly made and seconded the Planning Board voted to open a public hearing. VOTE: Unanimous Town Manager John Klimm gave the rationale. Ron Jansen, Attorney for the Lyndon Lorusso Charitable Foundation, briefly described the development - a combination of independent, assisted and full care facilities. The development agreement is good for 11 years; however, lenders are looking for 65% presale. He has no idea how long it will take. Developers look for opportunities to go forward but the expiration of a special permit in two years could hold up the process. The 65% presale might not be reached within the 2-year life of a special permit. This article gives the developer time. Councilor Canedy asked about the first phase. It is 180 units of independent living along with amenities – a self-enclosed village package to service the units. The second phase is 160 units of both independent and assisted living areas. The concept of independent units with a different menu of service is embryonic. Councilor Farnham asked about the phasing plan. Jansen explained that the Planning Board can adopt such a plan and establish time-lines when they consider the special permit. Eric Schwaab spoke of tax exemptions and preferential arrangements that have been made and come out of the public’s pocket. Buntich said the speaker might be confusing this property with the FW Webb property, which was approved for a TIF. Schwaab believes this is a non-profit. Jansen explained that it was not non-profit. The developer means to make money and benefit the town. People using the project use few town services and there are tax incentives involved. Upon a motion duly made and seconded the public hearing was closed at 10 PM. VOTE: Unanimous Councilor Canedy asked about the phasing plan to be granted by the Planning Board. Jansen said this will be a DRI, which is required first to go before the Cape Cod Commission, then the Planning Board. Jansen anticipates a presentation before the Planning Board by late fall. He is going over issues of concern with the commission and will give the council updates. Upon a motion duly made and seconded the Planning Board voted to close the public hearing. VOTE: Unanimous David Munsell asked Atty. Jansen if there were another property involved. There is an inclusionary affordable housing component of 48 units, which allows for an off-site location. The Old Manor building off Route 28 has been earmarked for that project. Site plan review has occurred. It is waiting for Cape Cod Commission review. Once accomplished, both projects will come before the council for approval.

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The Planning Board met briefly and recommended that the town council adopt Item 2009-139. A motion was made and seconded to move the question. VOTE: Unanimous 2009-139 AMEND ZONING ORDINANCE RELATING TO SCCRCOD Upon a motion duly made and seconded it was ORDERED, that: Section 1. That the Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article III, District Regulations, §240-29. SCCRCOD, Senior Continuing Care Retirement Community Overlay District, is hereby amended, by adding a new section “I” after §240-29.9 (H) as follows: (I) Phasing and Period of Validity for Special Permit: The applicant, as part of the application, may propose a phasing plan identifying the specific units to be constructed in each phase and stating the reasons for the request. Said submission shall show the full buildout of the development. The Planning Board, upon a finding of good cause and of consistency with the provisions of this section, may approve a phasing plan that allows the construction of the development to be extended over a period not to exceed ten (10) years. Notwithstanding anything to the contrary contained in §240-125C (3), as long as the applicant proceeds with construction continuously in compliance with the approved phasing plan or with any modifications thereto approved by the Planning Board, the period of validity for the special permit shall be the same as the period of the phasing plan. Section 2. That the Code of the Town of Barnstable, Zoning Ordinance, Chapter 240, Article III, District Regulations, §240-29. SCCRCOD, Senior Continuing Care Retirement Community Overlay District, is hereby amended, by adding a new section “I” after §240-29.10 (H) as follows (1) Where a phasing plan has been proposed, that the applicant has demonstrated good cause to phase the development and that the approved phasing plan is consistent with the provisions of the SCCRCOD. VOTE: Unanimous (Roll Call) 2009-135 APPROPRIATION & LOAN ORDER – HYANNIS WATER SYSTEM WATER MAIN UPGRADE Upon a motion duly made and seconded a public hearing on this item was opened at 10:05 PM. VOTE: Unanimous Deb Krau, Chairman Hyannis Water Board, gave the rationale. Eric Schwaab wants to see the authority to raise rates. Residential homeowners are charged betterments while commercial property owners not. President Chirigotis pointed out that the town is not charging anyone anything. Deb Krau explained that with the upgrade, the ISO (insurance) ratings will be better for residents. Mark Ells, Director DPW, pointed out that the master plan online for capital improvements itemizes the project. This was a prioritized project. Upon a motion duly made and seconded the public hearing was closed at 10:14 PM. VOTE: No objection Councilor Munafo asked why not use an already designated project. Krau explained that this project was always in the schedule, but it has come up now because of the stimulus package. Councilor Crocker asked for an explanation of the project. Ells described the pipe and its route. It will increase water flow. New pipes will be 12” in diameter vs. 97 year old pipes that were 6” in diameter when new. A vote on this is needed by June 30.

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Councilor Farnham added that the rate payers are paying in the rates. Residential users have a sliding scale so they pay a lower rate. However, those who use more water pay a higher rate based on usage. Commercial accounts pay a flat rate regardless of usage. Councilor Tinsley pointed out that this will be replacing pipes put installed in 1912. They are now six inches in diameter plus sediment. A motion was duly made and seconded to move the question. VOTE: No objection 2009-135 APPROPRIATION & LOAN ORDER – HYANNIS WATER SYSTEM WATER MAIN UPGRADE Upon a motion duly made and seconded it was ORDERED, That the sum of $1,700,000 be appropriated for the purpose of funding the water main upgrade from the Maher Treatment Plant on Old Yarmouth Road through South Street for the Hyannis Water System; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $1,700,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: 12 yes (Roll Call) 2009-136 APPROPRIATION & LOAN ORDER – HYANNIS WATER SYSTEM IMPROVEMENTS Deb Krau gave the rationale. Director Ells added that the savings in interest costs will improve the cash flow at the water department. Upon a motion duly made and seconded a public hearing on this item was opened at 10:25 PM. VOTE: Unanimous Eric Schwaab asked how much debt has been acquired. He believes the debt is up to $12 M and they are borrowing more. The state and federal government are losing money and no one will cut back or say it is enough. Krau said the water company incurred $10 M in debt when it was bought; authorized $1M for pipe replacement. (She noted the Mr. Schwaab has been in favor of pipe replacement.) Currently 3% of the 8.75% rate increase is for pipe replacements, which equals an increase of 52 cents a day. Upon a motion duly made and seconded the public hearing was closed at 10:30 PM. VOTE: No objections Councilor Munafo pointed out that the previous company knew how to say ‘no’ to debt and now the last thing to say no to is ‘no water.’ He appreciates the work of the committee. Councilor Crocker said the town bought an operating company with cash flow which will continue. At some point it becomes self-sustaining. The town knows the issues and has done due diligence. He suggested adding “expend from available funds” to the language if we do not get the funding. Town Attorney Ruth Weil thought it was an excellent suggestion – options are always good. A motion was made and seconded to amend Item 2009-136 by adding “and or expend from available MTBE settlement funds” after “…authorize to borrow.” VOTE: Unanimous Councilor Canedy said it was important to upgrade all infrastructures, including bridges, using all available tools to do it. It makes perfect sense since these monies are only for drinking water. Councilor Milne added that only the Hyannis Water Division, the COMM Water District and Wellfleet have taken advantage.

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Amended Motion 2009-136 APPROPRIATION & LOAN ORDER – HYANNIS WATER SYSTEM IMPROVEMENTS Upon a motion duly made and seconded it was ORDERED: That the sum of $1,140,000 be appropriated for the purpose of funding the water supply wells, pump station and water system improvements for the Hyannis Water System; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow and or expend from available MTBE settlement funds, $1,140,000 and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: 12 yes (Roll Call) 2009-142 APPROPRIATION & TRANSFER ORDER MTBE FUNDS Upon a motion duly made and seconded a public hearing on this item was opened at 10:44 PM. VOTE: No objection Deb Krau gave the rationale. This approval is also required by June 30. Upon a motion duly made and seconded the public hearing was closed at 10:45 PM. VOTE: Unanimous Councilor Crocker applauds the effort. A motion was made and seconded to move the question. VOTE: Unanimous 2009-142 APPROPRIATION & TRANSFER ORDER MTBE FUNDS Upon a motion duly made and seconded it was ORDERED: That the sum of $2,695,176 be appropriated and transferred from the MTBE settlement reserve fund to the Capital Trust Fund. VOTE: 12 Yes (Roll Call) 2009-129 COMMUNITY PRESERVATION FUND RESERVE SET-ASIDES & CPC APPROPRIATION FOR ADMINISTRATIVE EXPENSES Upon a motion duly made and seconded a public hearing on this item was opened at 10:46 PM. VOTE: No objection Manager Klimm gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 10 47 PM. VOTE: Unanimous A motion was made and seconded to move the question. VOTE: Unanimous 2009-129 COMMUNITY PRESERVATION FUND RESERVE SET-ASIDES & CPC APPROPRIATION FOR ADMINISTRATIVE EXPENSES Upon a motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G. L. c. 44B § 6, for the fiscal year ending June 30, 2010, the following sums, or sums equaling ten percent (10%) of the annual revenues of the Community Preservation Fund if a different amount, be set aside for further appropriation and expenditure for the following purposes: Two Hundred Two Thousand Eight Hundred and Ninety One and No/100 ($202,891.00) Dollars or ten percent (10%) for open space but not including land for recreational use; Two Hundred Two Thousand Eight Hundred and Ninety One and No/100 ($202,891.00) Dollars or ten percent (10%) for historic resources; Two Hundred Two Thousand Eight

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Hundred and Ninety One and No/100 ($202,891.00) Dollars or ten percent (10%) for community housing; and that the sum of One Hundred Fifty Thousand and No/100 ($150,000.00) Dollars be appropriated from the annual revenues of the Community Preservation Fund to be expended under the direction of the Town Manager, or the Community Preservation Committee with the prior approval of the Town Manager, for appraisal, title search, hazardous materials assessment, consulting services, and pre-development costs, and administrative expenses, and to assist in the development and performance of contracts for community preservation. VOTE: 12 Yes (Roll Call) 2009-130 APPROPRIATION FOR COMMUNITY PRESERVATION FUND FY10 DEBT SERVICE Upon a motion duly made and seconded a public hearing on this item was opened at 10:50 PM. VOTE: Unanimous Manager Klimm gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 10:51 PM. VOTE: Unanimous A motion was made and seconded to move the question. VOTE: Unanimous 2009-130 APPROPRIATION FOR COMMUNITY PRESERVATION FUND FY10 DEBT SERVICE Upon a motion duly made and seconded it was ORDERED: That the Town Council hereby appropriate $2,894,078 for the purpose of paying the FY10 Community Preservation Fund debt service requirements, and to meet such appropriation, that $2,681,514 be provided from current year revenues of the Community Preservation Fund and that $212,564 be provided from surplus funds reserved for the open space program within the Community Preservation Fund VOTE: 12 Yes (Roll Call) 2009-128 APPROPRIATION & TRANSFER ORDER FOR LIGHTING IN ASELTON PARK Upon a motion duly made and seconded a public hearing on this item was opened at 10:52 PM. VOTE: Unanimous Manager Klimm gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 10:53 PM. VOTE: No objection. Councilor Canedy asked how much money was in the embarkation funds. Finance Director Mark Milne said that balance was about $237,000 of which $70, 000 was appropriated for FY10 operations, leaving approximately $170,000 in the account. Councilor Joakim asked about uses for this money. Milne replied for improvements around the Hyannis Harbor area and operating costs for maintaining the area. Klimm said residents have provided input for improvements and added that the money is earmarked for the Hyannis waterfront area. Councilor Canedy asked if the money could also be used to supplement the DPW budget for items related to the Hyannis waterfront area. Klimm said that it could and they have used $45,000 through DPW for the district. Councilor Crocker said this would be for a continuity of lights and improvement around Aselton, portions of which are unlit. It could set a style and standards for downtown area. A motion was duly made and seconded to extend the meeting past 11 PM. VOTE: 10 Yes, 2 No

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Councilor Munafo explained that the $150,000 was not for a study but for the design and implementation. Councilor Crocker asked how much of the money is replacement and how much is for new lights. Munafo said it was about 50/50 and represents about 20 lamps. Crocker asked if it was going to fund design. The lighting scheme has been designed but not for Aselton Park. Councilor Milne said the original lighting at Aselton Park had no lighting study. This will be a quality job with the design piece first. This will not be done in an ad hoc fashion. He supports the item – perfectly reasonable. Upon a motion duly made and seconded further action on this item was postponed July 16, 2009. VOTE: 10 Yes, 2 No (Canedy, Milne) 2009-140 REAPPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town Council reappoint the following individuals to a multiple-member board/committee/commission: AGRICULTURAL COMMISSION William Plettner, 510 Willow Street, West Barnstable, as a member, to a term expiring 6/30/2012 David Ross, 60 Widgeon Lane, West Barnstable, as a member, to a term expiring 6/30/2012 AIRPORT COMMISSION Daniel Santos, 111 Stoney Point Road, Cummaquid, as a member, to a term expiring 6/30/2012 Robert O'Brien, 41 Deacon Court, Barnstable, as a member, to a term expiring 6/30/2012 John Griffin, Jr., 109 Old Farm Road, Centerville, as a member, to a term expiring 6/30/2012 BARNSTABLE ECONOMIC DEVELOPMENT COMMISSION Royden Richardson, 129 South Main Street, Centerville, as a member, to a term expiring 6/30/2012 BARNSTABLE HISTORICAL COMMISSION Leonard Gobeil, 720 Pitchers Way, Hyannis, as a member, to a term expiring 6/30/2012 Marilyn Fifield, 49 Colonial Way, Barnstable, as a member, to a term expiring 6/30/2012 BOARD OF ASSESSORS William Garreffi, 22 Thornberry Lane, Centerville, as a member, to a term expiring 6/30/2012 BOARD OF HEALTH Junichi Sawayanagi, 1085 Main Street, West Barnstable, as a member, to a term expiring 6/30/2012 CABLE TV ADVISORY BOARD Max Kumin, 3826 Main Street, Cummaquid, as a member, to a term expiring 6/30/2012 COMMUNITY PRESERVATION COMMITTEE Susan Rohrbach, 432 Main Street, Centerville, as a member, to a term expiring 6/30/2012 COMPREHENSIVE FINANCIAL ADVISORY COMMITTEE Laura Cronin, 402 South St., Hyannis, as a member, to a term expiring 6/30/2012 Stanley Hodkinson, 123 Ensign Rd, Centerville, as a member, to a term expiring 6/30/2012 CONSERVATION COMMISSION Dennis Houle, 679 Poponessett Road, Cotuit, as a member, to a term expiring 6/30/2012 Scott Blazis, 4 Three Ponds Drive, Centerville, as a member, to a term expiring 6/30/2012 COUNCIL ON AGING Ella Rollins, 205 Ebeneser Road, Osterville, as a member, to a term expiring 6/30/2012

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Charlotte Saunders, 635 Lumbert Mill Road, Centerville, as a member, to a term expiring 6/30/2012 Robert Burke, 98 Brant Way, Hyannis, as a member, to a term expiring 6/30/2012 Bridget Burke, 98 Brant Way, Hyannis, as a member, to a term expiring 6/30/2012 Angelo Tromba, 766 Putnam Avenue, Cotuit, as a member, to a term expiring 6/30/2012 Barbara Cross, 17 Forest Glen Road, Hyannis, as a member, to a term expiring 6/30/2012 ELDERLY & DISABLED TAXATION AID COMMITTEE Carol Horgan, 60 Winifield Lane, Osterville, as a member, to a term expiring 6/30/2012 William Garreffi, 22 Thornberry Lane, Centerville, as a member, to a term expiring 6/30/2012 JFK MEMORIAL TRUST FUND COMMITTEE Robert Jones, 65 Pinewood Drive, Hyannis, as a member-at-large, to a term expiring 6/30/2012 LAND ACQUISITION AND PRESERVATION COMMITTEE Phyllis Miller, 688 Main Street, Cotuit, as a member, to a term expiring 6/30/2012 Stephen O'Neil, 21 Nobb Hill Road, Hyannisport, as a member, to a term expiring 6/30/2012 Duncan Gibson, 149 Harbor Point Road, Cummaquid, as a member, to a term expiring 6/30/2012 LICENSING AUTHORITY Eugene Burman, 283 Holly Point Road, Centerville, as a member, to a term expiring 6/30/2012 Robert O'Brien, 41 Deacon Court, Barnstable, as a member-at-large, to a term expiring 6/30/2012 PUBLIC WORKS COMMISSION* Phillip McCartin, 10 Hollingsworth Road, Osterville, as a member-at-large, to a term expiring 6/30/2012 * A vote on Mr. McCartin’s appointement will be held to the next meeting (7/16/09) to allow for review by the Appointments Committee. SANDY NECK BOARD Richards French, 80 Acre Hill Road, Barnstable, as a member-at large, to a term expiring 6/30/2012 George Muhlebach, 150 Millway, Barnstable, as a member-at-large, to a term expiring 6/30/2012 Barbara Bell, 316 Flint Street, Marstons Mills, as a member-at-large, to a term expiring 6/30/2012 TRUST FUND ADVISORY COMMITTEE Christopher Ward, 44 Fernbrook Lane, Centerville, as member-at-large, to a term expiring 6/30/2012 WATERWAYS COMMITTEE Michael Hersey, 62 Homeport Drive, Hyannis, as a member-at-large, to a term expiring 6/30/2012 John Meade, 153 Elliott Road, Centerville, as a member-at-large, to a term expiring 6/30/2012 A motion was made and seconded to move the question. VOTE: Unanimous On Item 2009-140 VOTE: Unanimous 2009-141 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: COUNCIL ON AGING Edward Perron, 85 Outpost Lane, Centerville, as an associate to a term expiring 6/30/2011 L. Helen Stretch, 114 Baxter Road, Hyannis, as a member to a term expiring 6/30/2012 Sarah Schlegel, 121 Trotters Lane, Marstons Mills, as a member to a term expiring 6/30/2011 VOTE: Unanimous

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2009-143 REAPPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: BOARD OF REGISTRARS Lucien Poyant, 56 West Hyannisport Circle, Hyannis, as an appointed member, to a term expiring 6/30/2012 PERSONNEL ADVISORY BOARD Robert O'Brien, 41 Deacon Court, Barnstable, as a member, to a term expiring 6/30/2012 VOTE: Unanimous NEW BUSINESS 2009- 145 EXEMPTION OF INTEREST UNDER THE CONFLICT OF INTEREST LAW Upon a motion duly made and seconded it was RESOLVED, That the interests of Robert O’Brien, as Budget Analyst; and Scott Blazis, as an employee of the Barnstable Public Schools and Leonard Gobeil, as Special Projects Coordinator, are hereby found to be not likely to interfere with the objective performance of their duties in the best interests of the Town in the following positions and are hereby exempt: AIRPORT COMMISSION & PERSONNEL BOARD Robert O’Brien CONSERVATION COMMISSION Scott Blazis BARNSTABLE HISTORICAL COMMISSION Leonard Gobeil A motion was made and seconded to move the question. VOTE: Unanimous On Item 2009-145 VOTE: 11 Yes, 1 No (Canedy) 2009-144 GRANT ACCEPTANCE – CAPE COD COOPERATIVE EXTENSION WILDFIRE ASSESSMENT & PREPAREDNESS PROGRAM Upon a motion duly made and seconded it was RESOLVED, That the Town Council hereby accepts a Cape Cod Cooperative Extension Wildfire Assessment and Preparedness Program Land Management and Wildfire grant in the amount of $10,000 to improve a trail map, provide signage at intersections, improve trail markings, maintain road buffers my mowing and repair washouts at the West Barnstable Conservation Area, located in West Barnstable and Marstons Mills. Councilor Munafo confirmed that this was not a federal grant. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2009-144 VOTE: Unanimous

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LATE FILE: 2009-146 REAPPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly madder and seconded it was RESOLVED, that the Town Council reappoint the following individuals to a multiple-member board/committee/commission: BARNSTABLE YOUTH COMMISSION Lauren Logan, BHS 744 W. Main Street, Hyannis, as a member, to a term expiring 6/30/2010 COMMUNITY PRESERVATION COMMITTEE F.P. Tom Lee, 1081 Old Putnam Avenue, Marstons Mills, as the Conservation Committee representative, to a term expiring 6/30/2012 Paula Schnepp, 956 River Road, Marstons Mills, as the Barnstable Housing Authority representative, to a term expiring 6/30/2012 DISABILITY COMMISSION Francis Maioli, 111 Lothrop's Lane, West Barnstable, as a member, to a term expiring 6/30/2012 Paul Nevosh, 30 Frazier Way, Cotuit, as a member to a term expiring 6/30/2012 GOLF COMMITTEE Mary Creighton, 181 Ansel Howland Rd., Centerville, as a member, to a term expiring 6/30/2012 HYANNIS MAIN ST. WATERFRONT HISTORIC DISTRICT COM David Colombo, 51 Blantyre Avenue, Centerville, as a member, to a term expiring 6/30/2012 Meaghann Kenney, 26 Pearl St., Hyannis, as an alternate member, to a term expiring 6/30/2012 JANE ESHBAUGH COMMUNITY SERVICE AWARD COMMITTEE Betty Nilsson, 2414 Meeting House Way, West Barnstable, as a member, to a term expiring 6/30/2012 Deborah Shiflett-Fitton, 282 Church Street, West Barnstable, as a member, to a term expiring 6/30/2012 PLANNING BOARD Felicia Penn, 15 Daisy Bluff Lane, Hyannis, as a member to a term expiring 6/30/2012 Marlene Weir, 80 Pond Street, Osterville, as a member to a term expiring 6/30/2012 Patrick Princi, 29 Wayside Lane, West Barnstable, as a member to a term expiring 6/30/2012 RECREATION COMMISSION Dan Proto, 79 Capt. Bellamy Lane, Centerville, as a member, to a term expiring 6/30/2012 Kevin Turner, 202 Skunknet Road, Centerville, as a member, to a term expiring 6/30/2012 ZONING BOARD OF APPEALS George Zevitas, 77 Winding Cove Road, Marstons Mills, as an associate member, to a term expiring 6/30/2012 James McGillen, 297 Tanglewood Dr., Osterville, as a member, to a term expiring 6/30/2012 In response to a question regarding an exemption for Paula Schnepp, Att’y. Weil stated that an exemption was not needed at this time. Councilor Joakim made a motion which was seconded to suspend the rules and vote on 2009-146. VOTE: Unanimous On Item 2009-146 VOTE: Unanimous LATE FILE 2009-147 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was

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RESOLVED, that the Town Council appoint the following individuals to a multiple-member board/committee/commission: BARNSTABLE ECONOMIC DEVELOPMENT COMMISSION Hartley A. Johnson, 782 Mistic Drive, Marstons Mills, as a member, to a term expiring 6/30/2012 PUBLIC WORKS COMMISSION Wolfgang Fattler, 629 Cedar Street, West Barnstable, as a member, to a term expiring 06/30/2012 A motion was made and seconded to suspend the rules and vote on 2009-147. VOTE: Unanimous On Item 2009-147 VOTE: Unanimous Councilor Crocker made a motion which was seconded asking for a reconsideration of the vote taken under Item 2009-136 for a language adjustment change. VOTE: Unanimous Attorney Weil said she was concerned that the additional language in the amended version voted earlier might not be acceptable to the SRF folks and suggested going back to the original language. (Original text) 2009-136 APPROPRIATION & LOAN ORDER – HYANNIS WATER SYSTEM IMPROVEMENTS Upon a motion duly made and seconded it was ORDERED: That the sum of $1,140,000 be appropriated for the purpose of funding the water supply wells, pump station and water system improvements for the Hyannis Water System; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $1,140,000 and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: Unanimous (roll call) A motion was duly made and seconded to adjourn the meeting at 11:20 M. VOTE: Unanimous Respectfully submitted, Lucia Fulco Assistant Town Clerk

TOWN COUNCIL MEETING JUNE 25, 2009

quorum being duly present, Council President Frederick Chirigotis called the wastewater management hearings for:

2009-131 – Appropriation/Loan Order Sewer Collection System Expansion in Lake Wequaquet area

A2009-132 – Appropriation/Loan Order Pump Station & Force Main Design &

Construction 2009-133 Appropriation/Loan Order Sewer Collection Expansion at Stewart’s Creek of the Barnstable Town Council to order at 7:00 pm, on June 25, 2009, at the

Barnstable High School Knight Auditorium, West Main Street, Hyannis, MA. PRESENT: Ann Canedy, Janice Barton, Richard Barry, Frederick Chirigotis, James Crocker, Jr. Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr., Harold Tobey The order of the agenda was: 2009-133, 2009-131 and then 2009-132. President Chirigotis stated that there were many who wished to be heard and everyone would have the opportunity to speak. Be polite – remain quiet until you are recognized, he cautioned. You will have 3 minutes exactly. Everyone who wishes to be heard shall be heard – and we will need order and civility. Outbursts of any type will not be allowed and will result in removal. Chirigotis explained the order of the speakers. Each item would be opened separately and voted to go in to a public hearing. Then those with pink agendas will line up first and be heard first, followed by those with blue, orange and purple agendas. The minutes of last week were passed out so that everyone would be on the same page as far as information. 2009-133 APPROPRIATION-& LOAN ORDER - SEWER COLLECTION SYSTEM EXPANSION This item was opened and read into the record: ORDERED: That the sum of $3,300,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek – West Side (Phase II); and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,300,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed. Upon motion duly made and seconded it was voted to go into a public hearing for the purpose of hearing 2009-133 as above written. VOTE: No objection to open

DPW Director Mark Ells gave the rationale on this item as written in the agenda. This will cost approximately $7.2 million dollars and serve 320 customers. He gave a brief history of the projects through a PowerPoint presentation. Planning began in 1993 and the plan was adopted in 2007. The onsite title 5 problems and the concern of our drinking water supply are our concerns. He addressed the many areas of concern, not only Wequaquet Lake but other such areas as Long Beach and Stewarts Creek. Ells showed a map with the areas where they hope to expand the sewer lines. The full report is available on line. In the fall of 2007 they completed a review process by the Commonwealth of Massachusetts and the Cape Cod Commission and were able to proceed with the sewer expansion plan. The town has moved forward with the upgrade of the wastewater facility in Hyannis. We were informed this spring that the Federal stimulus funds were coming through in 2009 – and if our projects were ready and voted by June 30, 2009 – we were eligible. This is a one time opportunity. This subsidy is a one time shot and it will not reoccur and it will not happen next year. Betterments will force homeowners to decide if they wish to pay the cost off in 20 years or in one lump sum. Dr. Wayne Miller from the Board of Health spoke next. They are concerned with the drinking water. Some of the new systems that are required can cost up to $48,000. If the sewers do not go through there are about a dozen or so homes that will have to put in one of the sophisticated systems. There is another new situation we are facing, the Mass. Estuary Project, has reported on the quality of water on the south side. They have declared us to be in violation of the standards. There is nitrogen in the watersheds. If we are going to comply with the Federal law we will have to reduce the nitrogen to these watersheds. We need to sewer a large section of the southern part of our town. The board of health has some leeway to grant relief. It is limited. Lindsay Counsell addressed the issues regarding the Three Bays problems and issues. We can avoid lawsuits if we go forward with the plans. Mark Milne, Financial Director, stated that they manage the cash flow and financing. We are looking into special legislation to expand the payback time from 20 – 30 years. Public Comment: (Clerk’s note – due to poor microphone quality not all names were heard or able to be recorded.) Jon Julius has a referendum petition to challenge the votes of this meeting if the items are passed. He visited the woman who paid $48,000 for a septic system who now has to hook up to the sewer and pay for that betterment as well. Dan Christensen bought his house recently; this is a welcome to the neighborhood like he has never seen. It is basic finance he is asking about. He has seen a variety of costs and facts and wanted to know if the hook up costs could also be rolled into the betterment. Finance Director Milne explained the numbers. Nancy Jane Woodside spoke in support of the subsidy for Stewarts Creek. She had been in charge of building a state of the art wastewater treatment plant. The government helped pay for it. She

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suggested that we make it a Cape Wide collaborative solution. These people do not have to bear the entire burden. Brian Wasser supports the notion of doing things in a smart way, but the failing aspect is the fairness concept. The funding has to be fair. There are legal issues this is a way to keep us organized and together – help us solve these projects. There is nothing we can’t stop or prevent. Tina Carey said the biggest polluter is the Hyannis Sewage treatment plant. It is not a good system you are being fed a bunch of … This is going to be costly and everyone around me has compliant Title 5 systems. She has two ejection pumps, and alarms. This will be worse than the Big Dig. There are less expensive septic systems that work all over the world. The Board of Health knows where the failed systems are and don’t do anything. Doug Williams has been here many years and been disappointed. The whole process is wrong. Town councilors took an oath to represent me and I am not going to ask you to vote your conscience – you represent me – you need to vote no. Harvey Kaufman feels you have already made up your mind. If I have to add the lien to my house, you have lowered my value. CRAP is the name of this. Diane Fay is concerned and not in favor of what the town is doing to these people. Water quality is important and how we all can help with this. We should do a similar approach and assess everyone, not just those who are connected. We need to spread this out and reduce the betterment. You should have to pump every two years. Assess fines to those who don’t. Leona Kehoe asked how many councilors have gone to Stewarts Creek. She noted that the opening to the creek is too small. Make the opening larger. She asked if that is part of the plan. Mark Ells said there is a project coming where that culvert is scheduled to be fixed and upgraded; it will include a larger box culvert. Councilor Milne lives in the general area of Stewarts Creek. The dry side was sewered 20 years ago. We all paid betterments. The audience asked how much – and Councilor Milne could not recall. The audience asked how many councilors would have to pay for the hook up. Tom Rugo would be charged. Judy Babbitt upgraded her septic in 2003, at that time she was not made aware of any sewer plan. She spent $9,000 and wants to know why she was not told. That was a waste of money for me. Roberta Mauch from 80 Greenwood Ave. said Stewarts Creek needs help. It would be nice if the costs would be shared. Mark Milne said the monies that are available are what are available and action needs to be taken by the end of June. Stimulus money will probably not be repeated.

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Rob Anderson noted that there is a golf course nearby and asked how much does the fertilizer from the course impact that area. We have people who are in compliance with title 5. He suggested we consult with the people in Swansea who were sold the same bill of goods. Dawn (?) wants to know how much will the golf course pay into this. She does not have faith in town sewerage. Matt (?) said he was told that you could not add onto your house – that your flow had to remain the same. – is that true? He wanted to make sure that he could add on if he so chose. Larry Nikulas said he has a 3 bedroom house; can he add the 4th bedroom? How can the council vote without this and other information? So can we add bedrooms? It will ruin the town if you divide us up into small groups to accomplish your goals. All of us should pay. Councilor Crocker noted that there are more hurdles that need to be jumped on this project. Paula Fay asked if these betterments could be spread out across the town. Finance Director Milne said betterments could not be spread out; but a debt exclusion override could go on the ballot to pay for it. Fay asked why was this not brought forward and discussed. Pres. Chirigotis said financing should be the first topic but we were just notified on April 27 about the stimulus funds. In order to qualify we had to have an appropriation voted on by June 30 – so this has given us two months to bring this forward. We decided to get in line for this. The vote has not been taken. Fay said that aspect of funding should have been there from the beginning. John (?) attended the waterworks meeting last week. He said that there are other systems that are much less water intense. He said that he hoped the council would not proceed with this plan and look at a lower water use system that is admirable and efficient – those are available. He hopes it does not go forward. Upon motion duly made and seconded, it was voted to close the public hearing at 8:48 p.m. VOTE: Unanimous in favor Councilor Joakim said that this is a process. We are listening to you and want your input. As far as Stewart’s Creek some have spoken in favor of this. Councilor Barry thanked all for coming. He addressed the lawsuit that could be brought forward. We are actually doing ok at Stewart’s Creek. He referred to a report that stated that the numbers were good. He noted that we would then be putting a project into a place that is healthy. Councilor Milne said it smells at Stewarts Creek – and it is polluted. He pays for septic charges but it is helping the aquifer. Councilor Curtis explained that we are divided into various precincts which is why we all are not in the areas that need the sewering. She did not see a lot of Stewarts Creek people present. She is concerned of the impact in the future if we do nothing. She is concerned about failed septic systems, drinking water. “I am concerned about property values.”

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Councilor Farnham said that the proposed plan is the best for the area. How do we make it more cost effective – possibly decreasing the costs by spreading it out from 20 – 30 years; looking at a waiver provision to not hook up if you recently put in a new Title 5? You don’t have to have the system removed – you can just pump and fill it in. The cost of the 3 programs is about $61M – if we qualify we will save $21M – it is your decision…it puts a great financial burden on you. Councilor Rugo has been contacted by many constituents in Pr. 2. The vast majority asked him to vote no and he will vote no. Lindsay Counsell said the estuary project was not used for this sewer project. It will still improve the areas. Mark Ells said there were two reasons for going forward with the projects in these areas: there was failure of systems and drinking water. Councilor Munafo noted that he is an operator at a wastewater treatment plant. He was in a quandary about putting people in the position of incurring the debt. He feels that Stewarts Creek has needed to be accomplished. He is weighing advantages and disadvantages. Are you willing to pay the costs in the future? Councilor Canedy has appreciated the civil conversations. It is not a matter of if but when. Do we take the money now or step back for serious plans and how do we pay for it. She thinks it is a town wide problem. She feels rushed. The government has imposed the rush. “I would like to recommend that we put together a task force of the communities involved, if it passes; if it doesn’t pass then we all need to be involved.” Councilor Barton asked if we would get the subsidy if we approve this by the 30th She asked to see how many people were present from the Stewarts Creek area (hands up showed approximately a dozen). Ells said more work has to be done in order to get the monies. Barton asked If the appropriation passes would it be possible to discuss funding after? Milne said that the council could decide to put financing alternatives in place that are different. He deferred to Town Attorney Ruth Weil as to whether the language in the order would have to be modified. Weil said that it could be modified – it could be addressed in a subsequent order. Councilor Crocker asked if we change the language now it could jeopardize this item. Councilor Curtis felt the language in the order was sufficient. Weil said in terms of the betterments that we would need special legislation to change the number of years. It could be modified. Councilor Crocker said that this forum gives everyone a chance to have a say – the democratic process will work tonight. This is a 100% betterment – we are here to make the democratic process work.

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Councilor Canedy asked for the number of homes affected in the Stewarts Creek area – 320 homes. Councilor Milne wanted to know what percent of the town is sewered; and how the current users could be affected adversely if we did not go forward. Milne said the plant has been expanded; the current users will have to pay for the expansion which has been done. If one of the projects is not approved the money would go in the pool and be redistributed – it could mean more money for other projects. Councilor Farnham moved to amend to add “subject to receipt of 2% interest loan and 8% subsidy (in the second to last line after Town Council). Attorney Weil said she is not sure if the language would jeopardize the vote. Councilor Crocker has the same concerns. Call the question on the amendment. Councilor Farnham said he will withdraw the amendment if it jeopardizes the funding. AMENDMENT WITHDRAWN Call the question VOTE: Unanimous VOTE on item 2009-133 ROLL CALL - 8 Yes 5 No – Defeated (No voters: Barry, Crocker, Joakim, Munafo and Rugo) - DEFEATED 2009-131 APPROPRIATION & LOAN ORDER-SEWER COLLECTION SYSTEM EXPANSION The following item was read into the record. ORDERED: That the sum of $44,100,000 be appropriated for the purpose of funding the sewer collection system expansion in the Lake Wequaquet area; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $44,100,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed. Upon motion duly made and seconded it was voted to open a public hearing at 9:57 p.m. for the purpose of discussing 2009-131. VOTE: Unanimous in favor Councilor Joakim has recused herself from this item. Director Ells gave the rationale. He stated that the overview is the same for both sewer projects. The Wequaquet project is $44.1M that will serve about 1300 properties. The savings would be

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$3.88M. The cost per betterment will be approximately $30,900 (lump sum) or $1870 per year. A betterment notice will go out in Sept. 2012. Jon Julius noted the last vote was a smart vote on the part of some of you. Do any of you have the letter of a threat of a lawsuit? This is again fairness – remember the petition. There are 27,000 residential homeowners; Lake Wequaquet can be used by all of them. They should have thought about spreading the costs. We don’t have to make a snap decision. If you have 1,000 systems and they are operating properly you don’t have a problem. Spend $250 and have your systems inspected. Go back to the drawing board to spread the cost across all of us. Councilor Tobey noted that the last vote did not pass. We did it democratically; all the rhetoric does not make sense. Cynthia Cronig from Lakeside Dr. E. said that yes we want healthy water – but there are costs: betterments, hook ups, annual fees, grinders etc. Why would anyone be against sewers? It is the money dummy – it is the money. We bought our lot for $35,000 and now we will have to pay more for the sewer hookup. There are many in my area that are retired; we live on fixed incomes and interest rates are at an all time low. Try to get more funds. I propose a Barnstable Tea Party – I brought tea bags and we need to reduce the cost to homeowners. (A gentleman spoke – no name given). Age before beauty – we are told the council must act or lose a finance. $40M needs to be paid by struggling families…the Town of Barnstable just paid for a youth center and we all paid for it. The town should pay for Lake Wequaquet. Most of us retired years ago – why are you forcing us to hook up to a sewer when we have a good Title 5 system. Never will so few burden so many with such debt. Gary Morris has town water and a separate well for his sprinkler. Our sprinkler goes on and we have a Title 5 septic system – but I have a smell. His water discoloration causes him to repaint his home. It is a lot of money – but we have a responsibility for living on Cape Cod. Richard Weintraub owns a couple of homes and feels there is a better way to fund this. All the tax payers will benefit from cleaner water. He has paid his fair share of other projects and thinks the burden of this debt to 1300 families is not fair. He has a problem with the pumping station on Lake Dr. stating that it will diminish the value of his property. A debt exclusion could be done. Al McIntyre represents Lake Isle Woods. They anticipate over $36,000 in charges; there are several fixed income, single family households are in that area. Our area is new and we have oversized septic systems that are Title 5 compliant. You might be able to shorten or not go to certain areas that are compliant. Equitable distribution of the betterment charge is what we need. Councilor Crocker noted that the sewer charge will be based on the water usage. Howard Thomas apologized for the letter to the editor in the newspaper. He said it is obvious that you have not made up your mind. He told the council that it is financial and it is about the

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money. He just had a $14,000 septic system put in and he is still paying for it. It is wrong to force us to hook up to your system and pay again. (No name given) Lives on Lake Wequaquet. We want clean water; this is the resource; leadership has to take a position to direct; it is question of finance. Have you considered a meals tax or some other methodology for financing. Councilor Crocker said we want you to understand that there is one opportunity for this money and it is now. President Chirigotis said that Councilor Rugo asked about money from the beginning. We are the town who is using betterments – we need to move forward and allow for special legislation. This is something we need to work on more. Jen Thomas lives here, has a great septic system and takes care of her septic system. In a recession people are losing their jobs and homes and expect people to put that kind of money up. Vote no. Joe Fox is for sewerage. We realize that it is all about the money; we will see that not passing this item is a mistake. Construction costs will be low and interest rates are low – vote for it. Larry Bender came from the Midwest and it is all sewered. It is not whether we need sewers but how we are going to pay for it. They are giving more money to large corporations than to us to clean up our waters. Have you explored all avenues for funding? In the Midwest we funded by selling public bonds – it is an opportunity to share in the cost of the project. David Hartshorn will be affected by this. He suggested that people split the waters and separate the grey from the black waters. With this kind of money, you could pump your system twice a year for 100 years and still not spend it. Richard Shakalis asked Dr. Miller how he would rate and characterize the water in lake Wequaquet. Miller said it was good because of the spring. Shakalis said yes, we have a spring that replenishes this lake – the water is clean. If you have very clean water – there is no need for sewers near Wequaquet Lake. Roger Bodley of 99 Holly Point has been a pond watcher and analyzer; and he has monitored data and bacteria levels. The levels are low – we have no health emergency condition and I don’t anticipate any in the future. It is very low on pathogenic bacteria – the vegetation supplies nutrients – our lake processes nitrates better than the water processing plant. The lake itself is a powerful cleaning engine. A gentleman from 30 Crosby bought his home and will be a taxpayer for a long time. “I am going to have to be paying for this for a long time.” Yvonne Cavallini from Nyes Neck is for the sewer but the cost is not good for this time and the economics. We should not have a knee jerk reaction. I am not rich and I am barely making it as it is – I will have to sell my home. Why was a notice of intent sent out if the vote was not taken? Is there going to be a cost control on the plumbers? Nancy Keaton wants the sewer to happen. In 2003 they were given an estimate for individual houses of $9,000 now it is $31,000. Do we want to look at a rise in the cost?

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Hilliard Welch from 344 Annable Point said that sewers reach a pocketbook nerve. The cost of the expansion of the facility will go back on those currently on the system. You have a decision to make. This project has been going on for 10 years. Gail Maguire said that the lake is above normal for some of the nitrogen elements. It may not meet state standards. It is not the lake water, it is the groundwater. Get a group together to finance this. Rob Anderson said that this does not address failed systems across the whole town. We need a fair way to reach this goal. A motion was made and seconded to extend the meeting beyond 11 p.m. for the purpose of completing the business. VOTE: Unanimous Anderson continued - We have an obligation to others; we still need to allow policies to make sure all systems in town are maintained. There are other systems out there that can work. We do not hire inspectors, we rely on installers – this has to stop. Get failed systems around town fixed. Tina Carey asked why Janet Joakim recused herself. Carey said that her sewer runs over $1,500 a year and she is only open 4 months. She has paid $46,000 in sewer usage bills. Jonathan Sloane grew up on Lake Wequaquet and says it is the money. He was concerned about the lawsuit. If a lawsuit occurs it will cost more. He does not live there but wants to see the sewering occur. Ed Wahl does not have an issue with putting in the sewer and r realizes it is never a good time. However, there should be another solution to the funding. People don’t have a problem cleaning up the water – all of us should share in the cost. Robert Lawrence wants to know how many pumping stations will go in and where are they going. Ells said there will be 4: one at Phinneys and Route 28; one on Pine St. near the cemetery; and one on Pond St. (he could not recall where the 4th would be going). A gentleman from Lakeside Dr. E was in favor of it because it is the best for the town. Kevin Killoran noted that this comes down to water quality. Can you get an extension? Less than 5% of the population will have the burden of purifying the water. Everyone who is a resident needs to be involved. Take a step back it is the wrong time to do it. Councilor Crocker read from a letter that the deadline cannot be changed according to DEP. (Unidentified female) said she abuts property that will have a pump station on it. If we wait we may still get a 2% loan, but we would forego an 8.8% subsidy. Director Milne said the subsidy would be $3.9M on this project. What about the quality of life – smell and odor?

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Frank Ward is hoping for a compromise. We are not in favor of the funding but in favor of the sewer. It takes trust. Al Morrow just put $100,000 in his home and now will have to put more into it – “hope you vote it down”. (Unidentified) Thank you for staying late. My taxes will double – I don’t live on the pond. It is not equitable. This hurts me financially. Lindsay Counsell said things are not moving fast enough on Cape Cod. They are in the consideration mode for legal action under the Clean Waters Act. Heidi Luciani asked why we can not spread it out in Barnstable or over Cape Cod. Chirigotis said we can’t assess outside of the town. “I am not convinced,” said Luciani, “I have listened but I am not convinced.” Jim Callahan noted that most are for clean water; we just don’t like the way you are funding it. Usually the city will take a portion of it. Decline this thing. Upon motion duly made and seconded, it was voted to close the public comment at 11:30 p.m. VOTE: Unanimous Councilor Canedy said it is the money. We need to do our homework; I do want a taskforce and am not comfortable going forward. Councilor Barton asked about financing and could it be looked at later. (Finance Director Milne replied “yes”.) Councilor Curtis noted that it is the quality of the drinking water and your septic that are the concerns. When it comes back, if we do not pass this, the cost will be greater. Councilor Tinsley has to represent his people; and if this fails the sewer bills will be going up. I’ll vote yes but it doesn’t mean democracy is not working Councilor Milne said we can accept the money and then we still have 3 ½ years to come up with financing assistance. Why are you discounting the staff’s recommendations? They have asked for your support on this issue. The staff are paid “millions of dollars” to come up with the recommendations. Councilor Crocker said that we have to make difficult decisions. You have to bring your people to the meetings. We are not comfortable with the vote. This evening, 9 spoke in favor and 22 spoke against the sewer. This is unique. The people have spoken. Councilor Barry - How can we not do this? The economic scale – if there are wealthy people they can do it. Without spreading this across town, it is going to impact individuals heavily.

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Move the question VOTE: Unanimous in favor VOTE ON ITEM 2009-131 ROLL CALL – 7 YES, 5 NO (Barry, Canedy, Crocker, Munafo, Rugo) - DEFEATED 2009-132 APPROPRIATION & LOAN ORDER – PUMP-STATION AND FORCE MAIN The following item was opened and read into the record ORDERED: That the sum of $9,960,000 be appropriated for the purpose of designing and constructing sewer pump stations and force mains; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $9,960,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed. Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing 2009-132 VOTE: Unanimous in favor DPW Director Ells gave the rationale. This is for sewer expansion projects – (related to the prior items). New customers would be assessed as they come on line, around $2,000 each. Councilor Milne said that this will not go into effect until someone connects. Jon Julius said this is the wrong location. He began a discussion regarding a location that was not relative to this order – so Councilor Crocker advised him of that and Mr. Julius stopped. Rob Anderson asked if we are talking about betterments. Finance Director Milne said a connection fee would be charged when people sign on to the sewer line. Ells explained the system flows to the Old Colony pump station. Eric Schwaab thanked the councilors and said that you need to engage the people of the town. Councilor Munafo said there is no description as to the location of it. Ells said it would be near the Hyannis West Elementary School. Councilor Munafo wants a specific location – so a motion was made and seconded to amend the item by inserting “within the boundaries of Precinct 3”. VOTE: Unanimous in favor By mutual consent the public hearing was closed at 12:08 p.m. Councilor Milne said that since the previous two items of the sewer were just turned down - then the cost will have to be charged back to the users. Ells said if we do plan to move forward in the

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future – we would need this done. It may involve a 12% increase if connection fees are not forthcoming. Councilor Crocker said now we have a choice without a betterment….Milne said the subcommittee can look at the various options to find a way to pay for this so that it won’t fall on the back of the ratepayers. With the absence of new users it will impact the users. Joakim said she has a feeling we will see Stewarts Creek come back and we will need this. Councilor Munafo said we are putting at risk the current ratepayers. He does not want to put them at risk to pay for this. Councilor Crocker said you have to start with your infrastructure in order to expand your services. Move the question VOTE: 10 yes 3 no against (Milne, Tinsley and ?) A motion was made and seconded to strike the last phrase “and that betterments or any of the methods for sewer assessments be assessed.” VOTE: Unanimous in favor Upon motion duly made and seconded it was: ORDERED: That the sum of $9,960,000 be appropriated for the purpose of designing and constructing sewer pump stations and force mains within the boundaries of Precinct 3; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $9,960,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: 9 Yes 4 No (Farnham, Milne, Munafo and Tinsley) LATE FILE: 2009-149 - CLARIFICATION OF 2009-103 Upon motion duly made and seconded it was RESOLVED: That the Barnstable Town council hereby clarifies that the conservation restriction referenced in its May 21, 2009 vote under 2009-103 Community Preservation Fund Appropriation Order for Acquisition of 17 acre conservation Restriction may be held by the Barnstable Conservation Commission. VOTE: Unanimous in favor. Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at 12:20 AM Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

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July 16, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 pm, on Thursday, July 16, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry (7:15), Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Leah Curtis, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT Milton Berglund, spoke about the negative vote of June 25 on the sewer collection system expansion at Stewart’s Creek. He felt the council was prejudiced by the comments on sewering made by the residents of Wequaquet Lake, the other item discussed. He asked the council to reconsider the Phase II vote at the next available opportunity between six months or less. He implored the council to act because to do nothing is not an option Other speakers rose to express their agreement.

• Dan Pendergast agrees. He presented a petition signed by 40 affected residents. (See exhibit A). • Paul Wasilewski spoke in favor. It will cost more money later on. • Michael Abodeely elaborated on the poor conditions and horrible pollution at the creek and Keyes Beach.

The Army Corps of Engineers, who will dredge, rechannel and provide a larger culvert, need Stewart’s Creek to be cleaned up.

• Daphne Abodeely stated that the beaches and related amenities need to be addressed to benefit both the commercial and tourist interests.

• John York said his children recall Stewart’s Creek as an open body of water for play, fishing and boating. He described the health threat of the area, including a broken fence, which no longer barred entrance to the area, and poorly placed and broken signs.

• Tony Pelletier of the Hyannis Civic Association said they would also like reconsideration of the project. He felt people who would have spoken in favor of Stewart’s Creek at the last meeting, did not because they were not prepared for the high emotions of those who spoke on the Lake Wequaquet item.

• Jeff Coombs stated that his wife and Mr. & Mrs., Kevin Burke, who could not be present, also request reconsideration. He too mentioned the impact of the Wequaquet Lake discussion. He fears not sewering Stewart’s Creek may jeopardize the Army Corps commitment to do repairs.

Att’y. Barry Weiner represents the property owners with properties in the Centerville DCPC beach area. The draft of regulations does not represent a consensus of people on the advisory group. They will reach out to have questions answered before the vote on Aug 6. Al Baker commented on Councilor Curtis’s departure. It will be hard to fill her shoes as well as a great loss to Precinct 12. On the Stewart’s Creek issue, he agreed that the council was overwhelmed by what the Wequaquet residents didn’t want and it was terribly unfair. Meg Loughlin, President of the Centerville Civic Association spoke in favor of adopting the regulations for a Centerville business district. What happens in the various villages impacts all town residents. Antiquated zoning allows out-or-date and out-of-place structures to exist. Steve Brown, Centerville, President of the Red Lily Pond Project Association said the board of directors supports the DCPC. Many volunteers were present in audience. The documents are a good result of the democratic process in place that created them. It will protect the character of the area. COUNCIL RESPONSE TO PUBLIC COMMENT

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Councilor Canedy asked about the deadline for stimulus money for Stewart’s Creek and whether Phase 1 was still on track. The council should revisit the funding options as well as adding some residents, both for and against, to broaden Wastewater Committee.

• Town Manager John Klimm clarified the status of stimulus. There has been no final yes or no from the federal government. The town had been given to the end of July, now it will be August. The longer the wait, the less likely it will be.

• DPW Director Mark Ells said they have proceeded with the design which will be submitted by 8/1. He reviewed several other deadlines; there has been no official change of 6/30 date. He feels the town still could obtain a 2% loan with an October deadline. Ells will proceed with Phase 1 to be in place for the funds. The per-property cost would change with only one phase done. The town would need to have it bid and awarded by Feb. 2010 deadline.

Town Attorney Ruth Weil spoke about the process for a reconsideration vote. Someone who voted on the prevailing side (No) on the original vote would move to suspend the rules then move to reconsider. She felt there was the possibility that bond council might not find it acceptable. President Chirigotis said that a new order would have to wait 6 months or there would need to be substantial changes to the order. Councilor Farnham heard from folks that the Lake Wequaquet issue was polarizing. He wondered if this could be fast-tracked without risking bond approval. Alternatively a somewhat different item should be considered as a first reading to comply with the six month rule. We should try to save residents money if Stimulus funds are still available for this project. Feedback from the council was to proceed to fast track the item. Much discussion ensued on how exactly to proceed. Many ideas were brought forth and issues raised. President Chirigotis suggested creating a sufficiently different new item that would be submitted at the end of this meeting as a Late File. The council agreed that a new item would avoid any bond counsel issues. The intent was to move the new late file to a public hearing on August 6th. There would be sufficient time for proper advertising. Attorney Weil was tasked with creating the new item. Councilor Curtis commended the residents who spoke on Stewart’s Creek and hopes they will be present on the 6th if this goes forward. Councilor Joakim also encouraged people to be present night of the vote. Recess 8:01 PM - 8:14 PM Former Town Councilor Gloria Rudman was allowed to make a few final comments on Stewart’s Creek. The problem existed at least 15 years ago from effluent and the golf course, causing nitrogen build-up. The sewering cost a lot of money back then – about $15,000 to $18,000. It was done because it was important for the public value of the town. If it is let go now, in 5 to 10 years there will not be home buyers or tourists and the cost will be much greater.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to postpone action on the minutes of June 2, 2009 to Aug. 6, 2008. They were not available. VOTE: Unanimous Upon a motion duly made and seconded it was voted to accept the minutes of the June 18, 2009 with the following corrections: Councilor Canedy asked that the sentence “It makes perfect sense since these monies are only for drinking water” be deleted. VOTE: Unanimous (Curtis abstained) Upon a motion duly made and seconded it was voted to accept the minutes of the June 25, 2009 as written. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

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Councilor Curtis took a brief opportunity to thanks all the constituents she has represented and thanks her colleagues for teaching her more than she could ever have expected to learn. The progress of the community stands on a tripod of legislators, administrators and people who come forward to serve on boards. It has been a great privilege. Councilor Curtis received a standing O. President Chirigotis presented Councilor Curtis with a proclamation (See Exhibit B) which he read. Councilor Munafo expressed concern about the financial impact of dealing with wastewater during this time of economic stress. He has made inquiries to the county and state regarding options. He implores the community, as a whole, to work together to find solutions that will relieve the financial burden, such as, for example, delaying the hookup and the betterment until a property is sold. Councilors Joakim, Barton, and Canedy, announced upcoming events. Councilor Barton would like to be contacted before August 6th to answer questions on the School Committee’s technology funding request. Councilor Milne hopes the late file will come up tonight under New Business. He also commented regarding the use of septic systems and Cape-wide pollution. The Conservation Law Foundation is exploring ways to solve this problem and restore the bays, even if it means legal action. ORDERS OF THE DAY OLD BUSINESS 2009-128 APPRIOPRIATE AND TRANSFER FOR LIGHTING IN ASELTON PARK Upon motion duly made and seconded it was moved to open a public hearing on 2009-128 at 8:35 PM. VOTE: Unanimous Upon motion duly made and seconded it was voted to close the public hearing at: 8:35 PM VOTE: Unanimous Councilor Milne gave the rationale. Councilor Munafo read some additional information entitled the Aselton Park Lighting Equipment Replacement. (See Exhibit C)

• Councilor Curtis wants to assure money spent is for the most important issues and wondered if replacing functioning poles is a priority.

• Councilor Munafo said the Lighting Study Committee looked at issues and prioritized them. They want to tie the lighting together to enhance the overall ambience and believe striking a balance is the best and highest use. Curtis would like to hear from anyone not on the lighting committee.

• Councilor Farnham asked about the current balance of the fund and annual contribution to the fund. • Manager Klimm said there was approximately $150,000 in the account and it is replenished every year.

This will use all the FY 09 money, but it will be replenished. The second project is the walkway at the Sea Street beach area.

• Councilor Tinsley added that the illumination from the new poles will be much better. Even though the current fixtures work they do not work as well. It is aesthetics for a tourist area and he feels it is money well spent.

• Councilor Canedy prefers to use funds to help the DPW on dock issues. • Councilor Milne pointed out that the whole of Pleasant Street is currently unlit. This lighting will entice

people as they disembark at the docks to walk the walkway to Main Street, an area the town has invested money to reinvent.

• Councilor Barton suggested reuse of the other lights elsewhere or recycling and/or turning them into scrap metal.

• Councilor Munafo said there might be another use but they have no real value. • Councilor Joakim asked if the walkway through Aselton Park is unlit. One section is unlit.

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• Councilor Crocker asked DPW to store the poles and see if village associations can use them for a good will donation. Ells said he does try to reuse everything he can.

A motion was made and seconded to move the question. VOTE: Unanimous 2009-128 APPRIOPRIATE AND TRANSFER FOR LIGHTING IN ASELTON PARK Upon motion duly made and seconded, it was ORDERED: That the Barnstable Town Council hereby appropriates $150,000 for the continuation of the lighting of the walkway to the sea through Aselton Memorial Park and to meet the appropriation that the town transfers a sum of money from the embarkation fee special revenue fund VOTE: - 10 Yes, 3 No (Roll Call) (No: Canedy, Curtis, Farnham) 2009-137 DCPC IMPLEMENTING REGULATIONS-CENTERVILLE VILLAGE DISTRICT Joanne Buntich, Growth Management Director, submitted a substitute text with spelling and punctuation corrections, which she explained. She announced that the Planning Board voted unanimously to recommend approval of Item 2009-137 to the council at their last meeting. Councilor Canedy is uncomfortable with the discretionary piece under Impervious Surface. She feels giving discretion to the building commissioner to determine whether a surface has become impervious is subjective and “discretion” should not be included in a definition. Councilor Canedy made a motion which was seconded to delete under Impervious Surface the following: “and may, at the discretion of the Building Commissioner, shall be considered impervious surface.”

• Councilor Crocker said the original language seems fairly flexible and the criteria are clear. • Councilor Milne thought it might be more effective if something about drainage be included, if much of

the surface becomes impervious. Buntich pointed out that it would fall under the discretion of Building Commissioner.

• Councilor Crocker said the Building Commissioner IS the person to make that determination. • Councilor Tobey feels comfortable with how it has been presented.

A motion was made and seconded to use the substitute text provided. VOTE: Unanimous Councilor Joakim added that a good reason to leave it to building commissioner is because he will know about any new materials may be developed not included here. President Chirigotis agreed. A motion was made and seconded to move the question on Councilor Canedy’s amendment. VOTE: Unanimous On the amendment: VOTE: 10 No, 2 Yes (Canedy), 1 Abstention. Councilor Tobey made a motion which was seconded to adopt Item 2009-137 as amended by the substitute text. Director Buntich said there might be additional amendments. President Chirigotis asked for additional discussion. Liza Cox, Nutter McLennan & Fish, Attorney on behalf of the Centerville Library, said their comments have been incorporated and they support the item’s adoption. Phil Boudreau, Attorney representing 4 Cs Ice Cream and Centerville Motor Lodge, presented an amendment on their behalf relative to the Design Guidelines. He explained the reasoning for the amendment, copies of which were provided to the council and clerk. He also objects to the formula provisions, also covered by the architectural provisions section, which do not allow corporate branding. In addition he feels a DCPC is a big deal and should not be entered into lightly.

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Councilor Rugo made a motion to adopt the suggested amendment (text follows). Councilor Canedy seconded the motion. Text of amendment: “I move that Section 240-130.6 C Application be amended by adding the following after the first sentence thereunder: “These Design Guidelines shall not apply to walk in coolers, freezers or their accessories for an Ice Cream Specialty Retail use. Any such coolers, freezers and accessories shall be attached to the side or rear of the principal structure and shall be appropriately screened from street view.” VOTE: Unanimous Councilor Rugo made a motion which was seconded to move the question in Item 2009-137. Councilor Munafo made a Charter Objection. Councilor Curtis asked for his reason. He replied “Councilor privilege.” Councilor Rugo made a motion which was seconded to reconsider Item 2009-128. Councilor Rugo asked if Aug 6th was too late to vote on the DCPC. Buntich said it was not. The Cape Cod Commission must approve the regulation by September 10th. An August council vote would not make that deadline impossible. Councilor Canedy did not agree with making a Charter Objection but supported Councilor Munafo’s right to do so and disagreed with retaliatory motions for reconsideration. She suggested taking this up at the next meeting. Councilor Rugo withdrew his motion relative to 2009-128. He made another motion to schedule a special meeting before July 30th.

• President Chirigotis suggested July 23rd. • Councilor Crocker suggested scheduling the item on the August 6th. • Councilor Rugo is concerned about the number for a 2/3 vote. He wants the item approved by a full board

and, after August 1st, there will be 12 sitting members yet the number required for 2/3 will still be 9, not 8. • Councilor Joakim feels there has been ample opportunity to ask questions, she supports the motion for a

special meeting. • Councilor Milne spoke in support of a special meeting on July 23 to consider the item with a full body of

the council. Councilor Tobey asked Councilor Munafo to withdraw his Charter Objection. Councilor Curtis supported the request. Councilor Munafo suggested a recess. He would be willing to listen, however, did not feel he would change his mind. Recess 9:35 PM – 9:50 PM 2009-138 AMEND REGULATORY AGREEMENT ORDINANCE TO INCLUDE THE CENTERVILLE VILLAGE DISTRICT (Continued public hearing) No public was present Upon motion duly made and seconded it was voted to close the public hearing at 9:50 PM. VOTE: No objection Joanne Buntich gave the rationale. Councilor Barry asked whether the council could amend the regulatory agreement when there is no Centerville district.

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Councilor Munafo asked for a Point of Order and withdrew his Charter Objection. Town Attorney Weil said either item could be voted without the other. President Chirigotis put Item 2009-137 back on the floor. Councilor Munafo made an amendment, which was seconded, to Section 240-130.3 Permitted Uses A. Use limitations as follows: Delete the entire section except the final sentence which reads “Drive-up windows and/or drive-through facilities are prohibited.” And, under B. Principal Uses, deleting “Subject to use limitations as described in S240-130.3A” Councilor Crocker made a related amendment to strike the asterisks under part B of the same section since the need is eliminated once “Subject to use limitations as described in S240-130.3A” is eliminated. Munafo took it as a friendly amendment. Councilor Barton asked if there would be sufficient allowances to prevent abuses, if the language is removed. Buntich said they would have made the language on corporate branding limitations stronger had this issue been known. Munafo suggested there could be such changes made in the future. A motion was made and seconded to move the question on the amendment. VOTE: 12 Yes, 1 No (Milne) On the Munafo/Crocker motion replacing Section 240-130.0 Permitted Uses as follows: A. Use imitations Drive-up windows and/or drive-through facilities are prohibited. B. Principal uses (1) Ice Cream Specialty Retail (2) Mixed Use Development (3) Professional or Business Office. (4) Single Family Residence (5) Small Scale Food Service (6) Small Scale Retail (7) Bed and Breakfast (8) Inn VOTE: 4 Yes, 9 No (Roll Call) (Yes: Barton, Crocker, Farnham, Munafo) An error in the text under Section 240-130.5 NOTES (1) (last sentence) which currently reads “The maximum height for flat roofed structures is two stories and 24’” was pointed out. By a motion duly made and seconded, the following substitution was proposed: “The maximum height for flat roofed structures is limited to two stories at a maximum of 24’. VOTE: Unanimous A motion was made and seconded to move the question. VOTE: No objections 2009-137 DCPC IMPLEMENTING REGULATIONS-CENTERVILLE VILLAGE DISTRICT Upon a motion duly made and seconded it was ORDERED: Preamble: This ordinance is adopted as an implementing regulation of the Centerville Village portion of the Centerville Village Craigville Beach District of Critical Planning Concern (DCPC). Included in this order in Section 1 amends the zoning map to create the Centerville Village District; Section 2 adopts the Centerville Village Implementing Regulations; Section 3 has been combined with Section 1 of this order and Section 4 amends the Sign Code § 240-67 to add “Centerville Village District” to that section. Section 1 Centerville Village District Map

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That the official zoning map of the Town of Barnstable is hereby amended by adding the Boundary of the Centerville Village District replacing portions of the Business A, RC and RD-1 district in the vicinity of Main Street and South Main Street in Centerville and to rezone portions of the BA zoning district that lie outside the Centerville Village District boundary to the RC zoning district as shown on a map on file with the Town Clerk entitled "Proposed Amendment to the Town Zoning Map Creating the Centerville Village District" dated May 28, 2009 and “Proposed Amendment to the Centerville Zoning Map Sheet 4 of 7” dated May 28, 2009. Section 2 Centerville Village District Implementing Regulations That Chapter 240, Zoning Ordinance is hereby amended by adding a new Article XIV District of Critical Planning Concern Implementing Regulations and adding Centerville Village District Implementing Regulations: Article XIV District of Critical Planning Concern Regulations §240-130 Centerville Village District Authority This Article is adopted under the authority of the Home Rule Amendment, Article 89 of the Constitution of the Commonwealth, and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989. §240-130.1 Purposes and Intent

A. The purposes and intent of this section is to guide development and redevelopment in Centerville Village that:

(1) Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns; (2). Acknowledges the historic context of the village including the National Register District which encompasses properties in the northern portion of the district; (3) Protects and preserves the historic and scenic streetscape and minimizes traffic congestion; (4) Provides a variety of functions that support residents’ day-to-day use of the district; (5). Supports and enhances the diverse local economy and retains established village goods and service offerings; (6) Preserves and protects the traditional New England village character of Centerville through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the aesthetic quality of Barnstable as a whole.

B. The further purpose and intent of this section is to enable the Town of Barnstable to enter into development agreements (hereinafter “regulatory agreements”) under Chapter 168 of the Code of the Town of Barnstable (Barnstable Code) within the Centerville Village District (CVD).

§ 240-130.2 Definitions As used in the CVD, the following terms shall have the meanings indicated: Apartment - One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit located in a building containing two or more such rooms or suites or located in a building devoted primarily to nonresidential use or in a mixed use building. Bed and Breakfast - Tourist and guest accommodations located within an owner-occupied, single-family residential dwelling unit, let for compensation for brief periods of time, customarily less than two weeks long, without cooking facilities accessible to the guests; or the temporary abode of visitors who have a permanent residence elsewhere.

Building Height – The vertical distance between the Grade and the highest point of a gable, hip or gambrel roof; the highest point of the coping of a flat roof.

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Grade - The referenced plane of the average of all finished ground level adjoining the building or structure for a distance of 6 feet from all exterior walls. Half Story – That space above the plate line but below the ridgeline in an area commonly called the “attic space”, provided that the gross floor area of the half story shall not exceed 66% of the gross floor area immediately below the half story. Ice Cream Specialty Retail Use - An establishment specializing in the retail sale of ice cream for consumption on or off site or carry out consumption that may include a seating area for food service use as an accessory use to the ice cream specialty retail or an ice cream retail use in existence at the time of the adoption of this ordinance. Accessory food service use may sell, and serve by wait staff a variety of foods that may be prepared on site. Ice cream specialty retail and any accessory food service use are subject to formula business limitations as described herein. Ice cream specialty retail may include on-site ice cream product preparation for wholesale sales provided however; in no case shall wholesale sales of ice cream product for use off- site become the principal use; truck distribution and delivery activity necessary to the wholesale sale of ice cream product for off-site use shall not create additional congestion, and the use shall not generate noise that violates Town Ordinances, or detract from the established character within the CVD. Impervious Surface A surface which prevents the penetration of precipitation or other liquids into the ground, including roofs, concrete, asphalt, natural stone, sidewalks, etc. Any area designed for vehicle use or vehicle parking covered with porous pavers may become impervious over time (e.g.,) and may, at the discretion of the Building Commissioner, be considered impervious surface. Inn - A commercial structure used for overnight lodging accessed through interior hallways which may include the provision of meals and incidental related services to lodgers or a motel or motor inn use in existence at the time of the adoption of this ordinance. Library - A building or room that houses a collection of books, records, literary documents or other reference materials for borrowing, reading, study, education or reference and which is owned or operated by a non-profit educational corporation. Lot Area - The upland area of the lot. Mixed Use Development - Development including at least one residential unit and at least one non-residential use on a single lot or several non-residential uses on a single lot. Non-Profit Educational Use – An educational use conducted by a not for profit corporation whose articles of incorporation permit it to engage in educational activities and “educational purposes” as its principal permitted use within the meaning of Massachusetts General Laws, Chapter 40A, sec. 3, including but not limited to libraries and museums. Professional or Business Office - Office, but not including medical or dental offices. Religious Institution – An institution engaged in “religious purposes” within the meaning of Massachusetts General Laws, Chapter 40A, Section 3. Setback- The required distance between every structure and lot line of the lot on which it is located. Single Family Residence – A detached residential building designed for and occupied by a single family. Small-Scale Food Service – An establishment where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to formula business limitations as described herein. These uses are intended to increase pedestrian traffic. Small-Scale Retail - Small stores and businesses, including but not limited to, corner groceries, artist space, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers e.g. gasoline and oil filling stations, garages for automotive or machine repair. Small scale retail is subject to formula business limitations as described herein. These uses are intended to increase pedestrian activity. Story - That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above and having at least 1/2 its height above grade. Structure- Anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, sheds, swimming pools and towers, but shall exclude fences of 6 feet or less in height, flag poles and retaining walls. Upland – All lands not defined herein as wetlands. Wetlands – The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune or other shifting sand formation. Section 240-130.3 Permitted Uses

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The following principal and accessory uses are permitted in the Centerville Village District subject to the use limitations outlined below. Other uses of an appropriate scale and function may also be considered subject to a Regulatory Agreement and are subject to the use limitations outlines below. Municipal uses are exempt from these regulations.

A. Use Limitations Permitted retail establishment, lodging establishment, restaurant, or take out food franchise shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (“Formula”) array of services and/or merchandise, trademark, logo, service mark, symbol, décor, architecture, layout, uniform, or similar standardized features and which causes is it to be substantially identical to more than fourteen (14) other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

B. Principal uses. • *Ice Cream Specialty Retail • *Mixed Use Development • *Professional or Business Office. • Single Family Residence • *Small Scale Food Service • *Small Scale Retail • *Bed and Breakfast • *Inn

*Subject to use limitations as described in §240-130-3 A. C. Accessory uses.

(1) Automated banking facilities (ATM) within a principal building or a walk-up facility located in a rear or side yard that also meets landscaping and lighting guidelines of this section. (2) Garages accessory to a single-family residence. Such structures shall be located in the rear or side yard. The footprint of the garage shall not exceed 40% of the footprint of the single-family residence and may consist of one and one half stories with a pitched roof unless otherwise permitted for residential use. (3) Apartment

A. Exempt Uses (1) Religious Institutions, accessory day care centers, and Non-Profit Educational uses are permitted as exempt uses within the CVD. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the CVD as set forth in Sections 240-130.1A Purposes and Intent, § 240-130.5 Dimensional, Bulk and Other Regulations, § 240-130.6 Design Guidelines, and § 240-130.7 Site Development Standards. (2) Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use, provided however that the relief granted will not create a public safety hazard along adjacent roadways and will not create a nuisance to other surrounding properties. (3) A modification permit shall be subject to the same procedural requirements as a special permit except that approval of a modification permit shall require a simple majority of the members of the Board.

Section 240-130.3 A. Continuation. Legally established structures, uses and site improvements in existence at the time of

the adoption of this ordinance shall be allowed to continue. B. Change, Expansion or Alteration of Uses and Structures.

(1) As of right a. The normal and customary repair and maintenance of a building or structure is permitted as of right. b. The alteration and expansion of a building or structure is permitted as of right provided that the

alteration or expansion conforms in all other respects with all applicable requirements of this chapter. (2) By Special Permit

Alterations or expansions of a building or structure that do not qualify under as of right provisions shall be permitted only by a special permit from the Zoning Board of Appeals, the Special Permit Granting Authority (SPGA) for the CVD. In granting such special permit, the Board must find that the proposed alterations and/or expansion are not substantially more detrimental, by standards set out herein, to the surrounding neighborhood under this Chapter § 240-130.1A Purposes and Intent, 240-130.4A Use Limitations and, where applicable, § 240-130.2 Definitions.

C. Special Permit for Dimensional Relief

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The SPGA may provide relief from minimum lot area, minimum lot frontage, maximum building setback, minimum yard setbacks, facade length requirements, ground floor window requirements when such relief ensures that the proposed development is consistent with the § 240-130.1 A. Purposes and Intent and the applicant demonstrates undue hardship without desired relief.

D. Re-establishment of damaged or destroyed building or structure. (1) The re-establishment of a previously legally established use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met:

(a) The reconstruction or repair will not, as determined by the Building Commissioner, materially increase the gross floor area or height of the building or structure beyond that which previously existed, nor materially increase the footprint of the structure, or materially change the grade. (b) If the building's location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations. (c) The reconstruction or repair will not constitute an expansion or intensification of any use. (d) In the case of any use in which it would otherwise be required, the site plan review process has been followed. (e) Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction, the CVD design guidelines do not apply. (f) A building permit has been applied for within two years from the date of damage or destruction, 2. Discontinuance: Any legally established structure which no longer complies with the provisions of the CVD that has been damaged or destroyed shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.

Section 240- 130.4 Additional Provisions

A. Other regulations The following provisions of the Barnstable Code are hereby incorporated into this regulation: § 240-7 Application of District Regulations; § 240-9.C & D; § 240-10 Prohibited Uses; § 240-34 Flood Area Provisions; § 240-43 Accessory Uses; § 240-46.A & B Home Occupations; Article VI Off Street Parking Sections 240-52, 240-53.B through .E ; and Sign Regulations § 240-59 through 62, and Section 240-67; Article XI Growth Management Sections 240-110 through 122; Article IX Site Plan Review; Article XII Administration and Enforcement § 240-123 – 240-124; § 240-125 C Special Permit Provisions as these provisions of the Barnstable Code cited in this section may be amended from time to time. B. Conflicts Unless otherwise stated, the requirements of the Centerville Village District shall apply to uses and structures within the Centerville Village District. In the event of a conflict, these regulations shall apply. C. Severability The provisions of this chapter are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this chapter. If any court of competent jurisdiction shall invalidate the application of any provision of this chapter to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town.

Section 240-130.5 Dimensional, Bulk and Other Requirements Minimum

Yard Setbacks Maximum Building Height

Minimum Lot Area

(square feet)

Minimum Lot

Frontage (feet)

Front 2(feet)

Rear (feet)

Side (feet)

Feet Stories Maximum Lot

Coverage By Structures

Total Impervious

Surface

20,000 SF or

Lot area of legally

established

20

20’ or

Setback of existing legally established structure from front

0 0 361

2 ½

35% 80%

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lot as of 06/18/2009

lot line as of 06/18/2009

whichever is less NOTES: (1) Height - Maximum building height. The maximum height of buildings or structures is 36 feet or two and one half stories whichever is less at the highest point of the roof for roofs with a pitch of at least six (6) inches in each foot and at the highest point of a gambrel roof. The maximum height for flat roofed structures is limited to two stories at a maximum of 24’. (2)Setbacks

a) The building setback may be modified through a special permit from the Zoning Board of Appeals upon demonstration to the satisfaction of that board that redevelopment cannot meet the minimum setback without undue hardship or due to topography, lot shape or constraints of existing structures.

b) Wherever possible parking shall be located within side or rear yard setbacks. Section 240-130.6 Design Guidelines A. Purpose: The purpose of these design guidelines is to enhance the traditional small-scale village character currently found in the CVD through the use of compatible building materials, appropriate scale and architectural details currently found within the district or immediate surrounding area. New structures are encouraged to complement, but not necessarily duplicate, surrounding structures. B. Objectives:

1. To encourage site planning and architectural design that will enhance the existing historic character of the CVD.

2. Ensure that redevelopment and new development is compatible with the existing character of the CVD while encouraging variety through flexibility in the application of these design standards.

C. Application: The Design Guidelines set forth herein do not apply to legally established structures in existence as of the effective date of the CVD but shall apply to all new development, to any additions to existing structures and to all reconstruction projects except as provided for in § 240-130.3 D(1)(e). These Design Guidelines shall not apply to walk in coolers, freezers or their accessories for an Ice Cream Specialty Retail use. Any such coolers, freezers and accessories shall be attached to the side or rear of the principal structure and shall be appropriately screened from street view.

(1) Massing: Buildings or portions of buildings with a mass, including rooflines, over 32 feet in length must divide their elevations into smaller parts through a variety of architectural elements including but not limited to dormers or additive massing as well as pronounced changes in wall planes. Flat and shed roof architectural elements are limited to a length of 20 linear feet and only in combination with other gable or hip roof elements; except that ground floor open porches may have a longer expanse of shed roof on a structure that otherwise meets these massing provisions. (2) Roof Pitch: Except as permitted under massing herein, roof pitch and pattern for new structures and additions to existing structures shall complement the roof pitches found on the main rooflines of existing structures within the CVD and the immediate surrounding area or at least 4 in 12 where the roofs of surrounding structures are flat or only slightly pitched (3) Ground floor windows for non-residential development:

(a) All new non-residential development, including non-residential portions of mixed use developments, shall provide ground floor windows along street facades, including windows that allow view into working areas or lobbies, pedestrian entrances, or display windows. The glazing pattern shall be aligned in a regular and traditional pattern as found within the CVD and the immediate surrounding area. (b) Window glazing or films that inhibit two-way visibility, such as darkly tinted and mirrored windows, are prohibited as ground floor windows. Mirrored windows are prohibited throughout the CVD. (c) Street façade blank walls greater than four (4) feet in length that do not include display areas, functional landscape structures such as a trellis, windows, architectural features, and/or doorways are prohibited.

(4) Architectural details and materials: (a) Architectural character of buildings must complement the historic character of buildings found within the CVD and the immediate surrounding area. (b) Façade materials shall be high quality, authentic materials such as wood, stone or brick. Manufactured materials intended to duplicate the look of natural materials may be allowed.

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(c) External side elements including but not limited to screening devices, site walls, enclosed service, loading and refuse areas and mechanical equipment shall be designed as an integral part of the building’s architectural character. (d) Primary entrance to buildings, other than single family homes, shall be distinguished with façade variations, porticos, roof variations, recesses or other integral architecturally appropriate building elements. (e) Extended bands of corporate or franchise colors are prohibited in the CVD. (f) Metal sided buildings are prohibited in the CVD. (g) The following design features shall be incorporated into structures within the CVD where architecturally appropriate. Structures shall include at least one of the following elements:

[1] Gable [2] Offsets on the building face or roof of at least two inches [3] Gable dormers [4] Cupolas or other appropriate roof elements [5] Covered porches

Section 240-130.7 Site Development Standards All new development and redevelopment and change of use except as set forth in §240-130 within the CVD with the exception of single-family residences shall be subject to the provisions of Article IX Site Plan Review § 240-98 through § 240-105.

A. Access Management. To ensure traffic safety, pedestrian safety and maintain traffic flow the following standards for new access shall apply in the CVD:

1. New access on South Main Street and Main Street: (a) Shall only be allowed where the Building Commissioner determines that the access will improve internal circulation or address safety at existing access. (b) Interconnections between lots and uses are encouraged to prevent unsafe turning conflicts and increase pedestrian safety. (c) New driveways on South Main Street and Main Street within 200 feet of any intersection shall not be permitted unless the Town Engineer determines that the proposed driveway location will not create new traffic safety hazards or increase traffic congestion.

2. New access shall not be more than 24 feet in width unless the Building Commissioner or Site Plan Review determines that a wider width is necessary for safety purposes.

B. Parking spaces, computation. 1. The parking standards contained within the Schedule of Off-Street Parking Requirement, 240-56 of the

Barnstable Zoning Ordinance, shall establish the minimum parking requirements, with the following exceptions: a. The use of shared parking for different uses having different peak hours of demand will be

considered in evaluating compliance with § 240-56. A signed lease agreement or recorded easement between relevant parties sharing parking must be provided as part of the site plan approval.

b. A permitted use can be changed to another permitted use, and any permitted principal or accessory use can be intensified, without increasing the required off-street parking requirements of § 240-56, Schedule of Off-Street Parking Requirements, provided that:

1. There is no increase in gross square footage of the building; and 2. There is no reduction in existing parking spaces required pursuant to § 240-56; and 3. A minimum of two on-site parking spaces per dwelling unit shall be provided. A one-car garage

shall count as one parking space. A two-car garage shall count as two parking spaces. 2. Parking spaces shall be provided for new and/or expanded building area, and for new and/or expanded

outdoor uses, as follows: a. Parking space requirements for residential mixed use shall be subject to Section 240-130.7 B.1

above and for the residential units parking the parking requirement shall be one parking space per bedroom for one- and two-bedroom units or a total of two parking spaces for units with two or more bedrooms.

b. Parking space requirements for non-residential uses shall be subject to Section 240-130.7 B.1 above.

3. Reduction of required parking spaces may be allowed provided the Building Commissioner, who may waive up to two (2) spaces, or if parking is proposed to be reduced by more than two (2) spaces the Zoning Board of Appeals must find that: a. Adequate shared parking is available consistent with § A. 1 above or,

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b. There are other factors that support the reduction. C. Landscaping.

All applications for new non-residential development and redevelopment shall be accompanied by a landscape plan that shows the location within the development of each species of trees, shrubs and/or other plantings, their suitability for the conditions at the proposed location and their size at maturity

1. Those portions of the front yard not occupied by pedestrian amenities and public spaces shall be landscaped.

2. Existing trees and other features of the land shall be protected in the development or redevelopment of the site.

3. Landscape materials shall be used that, at full growth, will not overwhelm the site location or interfere with views or pedestrian activity over time.

4. Landscaping plan will adequately provide street trees and will buffer parking areas from sidewalks and streets.

D. Lighting. 1. All exterior lighting shall use full cutoff light fixtures in which no more than 2.5% of the total output

is emitted at 90° from the vertical pole or building wall on which it is mounted. 2. Flood, area and up lighting shall not cast glare onto neighboring properties or oncoming traffic.

Section 3 Combined with Section 1 Section 4 Amend the Barnstable Zoning Ordinance § 240-67 Signs That the Town of Barnstable Zoning Ordinance Chapter 240, § 67 Signs is hereby amended to read “Section 240-67 Signs in CVD, OM, HG, TD, VB-A, and VB-B Districts.”. VOTE: Unanimous (Roll Call) A motion was made and seconded to move the question on Item 2009-138 VOTE: Majority in favor Opponents expressed concern about no opportunity to discuss the item. 2009-138 AMEND REGULATORY AGREEMENT ORDINANCE TO INCLUDE THE CENTERVILLE VILLAGE DISTRICT Upon motion duly made and seconded it was ORDERED, That Chapter 168 of the General Ordinance, Regulatory Agreements, is hereby amended by adding the Centerville Village District to the existing Regulatory Agreement District. SECTION 1 That Chapter 168, Regulatory Agreement Ordinance, is amended by adding the Centerville Village District to the Hyannis Regulatory Agreement District Map as shown on a map on file with the Town Clerk entitled “Hyannis Regulatory Agreement District Map”, dated March 9, 2007, by amending said map as shown on the map entitled “Proposed Amendment to Regulatory Agreement District Map Adding the Centerville Village District" dated May 28, 2009. SECTION 2 That Chapter 168, the Regulatory Agreement Ordinance, is hereby amended by striking out Section 168-1 A and inserting in place thereof the following:

It is the purpose and intent of this chapter to enable the Town of Barnstable to enter into development agreements (hereinafter "regulatory agreements") in the areas delineated on the attached map, dated May 28, 2009, entitled "Regulatory Agreement Districts."

SECTION 3 That Chapter 168, the Regulatory Agreement Ordinance, is hereby amended by striking out Section 168-1 B and inserting in place thereof the following:

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This chapter shall apply within the Regulatory Agreement Districts, shown on the attached map. VOTE: 9 Yes, 4 No (Roll Call) (No: Canedy, Farnham, Milne, Munafo) NEW BUSINESS 2010-001 APPOINTMENTS Upon a motion duly made and seconded this item was referred to a second reading on August 6, 2009. VOTE: No objection Councilor Canedy asked if children appointed needed a special dispensation if parents work for the town. Attorney Weil will check and report back at the next meeting. 2010-002 ADMINISTRATIVE CODE AMENDMENT - BOARD OF HEALTH ALTERNATE MEMBER Upon motion duly made and seconded it was: ORDERED, That Section § 241-21 of the Administrative Code relating to the Board of Health is hereby amended by striking out numbered paragraph “(A)” and inserting in place thereof the following: That Section § 241-21 of the Administrative Code relating to the Board of Health is hereby amended by striking out numbered paragraph “(A)” and inserting in place thereof the following: “A. Term of office. There shall be a Board of Health consisting of three regular members, one of whom shall be a

physician, PLUS one alternate member. The alternate member shall have voting rights at meetings if there is an absence of a regular member.”

Councilor Curtis gave the rationale. All members of the Appointments Committee support this because it is an issue for the Board of Health. Councilor Farnham made a friendly amendment to change ‘and one alternate member’ to ‘plus one alternate member. Councilor Milne hopes the alternate would have preference if a position opens up on the board. Alternates should be considered a ‘farm team’ to the board. Councilor Munafo pointed out that this was a first reading and it could not be voted this evening. Attorney Weil said the board was under pressure. A motion was duly made and seconded to suspend the rules in order to vote this evening. VOTE: 12 Yes, 1 No A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-002 as amended. VOTE: Unanimous Late File: 2010-015 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individual to a multiple-member board/committee/commission: BOARD OF HEALTH Susan G. Rask, 363 Santuit-Newtown Road, Marstons Mills, as an alternate member, to a term expiring 6/30/2012 Councilor Curtis gave the rationale. The Board of Health needs the member to be on ASAP. Councilor Joakim thanked Sue Rask. Councilor Milne said she served on the Board of Health for 14 years and works in the field. A motion was duly made and seconded to suspend the rules in order to vote this evening. VOTE: Unanimous

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On the item. VOTE: Unanimous 2010-003 APPROPRIATION & TRANSFER ORDER TO FINALIZE COASTAL RESOURCES MANAGEMENT PLAN Upon a motion duly made and seconded this item was referred to a public hearing on August 6, 2009. VOTE: Unanimous 2010-004 GRANT ACCEPTANCE OF $5,000 FROM BJ’S CHARITABLE TRUST Upon a motion duly made and seconded it was RESOLVED: That the Town of Barnstable hereby accepts a grant of $5,000 to the Barnstable Senior Services Division from the BJ’s Charitable Foundation to support meal costs for the Barnstable Adult Supportive Day Program. Madeline Taylor, Director of Senior Services, gave the rationale. A motion was made and seconded to move the question. VOTE: Unanimous On the item. VOTE: Unanimous 2010-005 GRANT ACCEPTANCE OF $400 FROM CAPE CONSORTIUM Upon a motion duly made and seconded it was RESOLVED: That the Town of Barnstable hereby accepts a grant of $400 to the Barnstable Senior Services Division from the Cape Consortium for At-Risk Elders to support outreach efforts to isolated seniors. Director Taylor gave the rationale. Rose Digregorio was responsible for applying for both grants. A motion was made and seconded to move the question. VOTE: Unanimous On the item. VOTE: Unanimous 2010-006 GRANT ACCEPTANCE OF $24,643 PORT SECURITY GRANT FROM DEPARTMENT OF HOMELAND SECURITY, FEMA Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council does hereby accept a Port Security Grant from the Department of Homeland Security, FEMA in the amount of $24,643 for the purpose of installing a camera system for Hyannis Harbor. Town Manager John Klimm gave the rationale.

• Councilor Farnham asked if these were wireless or battery operated cameras. Community Services Director, Lynn Poyant, will find out.

• Harbormaster, Dan Horn, said this will add three more cameras. They provide video which is very clear and very helpful.

• Councilor Munafo asked if this was a federal grant. It is. • Councilor Milne hopes these are placed in strategic locations that may see speeding of ferries and other

boats. • Councilor Rugo hopes the cameras cannot focus in on homes. Horn said access is controlled by IT will be

controlled to avoid eavesdropping. Manager Klimm said that besides himself, there will be only 3 or 4 people who will have access to monitor.

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A motion was made and seconded to move the question. VOTE: Unanimous On the item. VOTE: 11 yes, 2 No (Canedy, Munafo) 2010-007 GRANT ACCEPTANCE OF $34,000 FROM HYCC FOUNDATION Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council hereby accept $34,000 from the Hyannis Youth and Community Center Foundation for the conveyance of $12,000 from Cape Cod Five Cents Savings Bank Charitable Foundation, $10,000 from the Barnstable High School Hockey Boosters, $10,000 from the Sammy Montana D’Olimpio Fund for Suicide Prevention and $2,000 from the Robert and Suzanne Kittredge Foundation for the construction of the new Hyannis Youth and Community Center. Manager Klimm gave the rationale regarding the next three items. The town is within budget and on time with the new youth center construction. Lynne Poyant explained the donations. VOTE: Unanimous 2010-008 ACEPTANCE OF $26,683.03 IN-KIND DONATION FROM SHEPLEY WOOD PRODUCTS Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby accept an in-kind donation from Shepley Wood Products valued at $26,683.03 for the new Hyannis Youth and Community Center. Manager Klimm gave the rationale. Poyant said one of the rooms will be named The Shepley. VOTE: Unanimous 2010-009 ACCEPTANCE OF $4,995 FROM WAREHAM YOUTH HOCKEY Upon a motion duly made and seconded it was RESOLVED, that the Barnstable Town Council hereby accepts $4,995 from Wareham Youth Hockey for items declared surplus prior to the demolition of the Joseph P. Kennedy, Jr. Memorial Skating Rink. Manager Klimm gave the rationale. VOTE: Unanimous 2010-010 TRANSFER ORDER TO REPAIR EAST BAY BREAKWATER LIGHTED MONOPOLE Upon a motion duly made and seconded it was ORDERED, that the Town Council hereby transfers the sum of $13,371 from the remaining balance in Town Council Order 2007-149 for the purpose of funding the repair of the East Bay Breakwater Lighted Monopole. Manager Klimm gave the rationale. VOTE: Unanimous 2009-011 APPROPRIATION & LOAN ORDER – WIND TURBINE & PHOTOVOLTAIC INSTALLATION AT HYANNIS WPC FACILITY Upon a motion duly made and seconded this item was referred to a public hearing on August 6, 2009. VOTE: 12 yes, 1 no (Curtis) 2010-012 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT Upon a motion duly made and seconded this item was referred to a joint public hearing with the Planning Board on August 6, 2009. VOTE: Unanimous

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2010-013 APPROPRIATION & LOAN ORDER – COMMUNITY PRESERVATION NEW TOWN HALL Upon a motion duly made and seconded this item was referred to a public hearing on August 6, 2009. VOTE: Unanimous LATE FILE 2010-017 APPROPRIATION & LOAN ORDER – SEWER COLLECTION SYSTEM EXPANSION Upon a motion duly made and seconded this item was referred to a public hearing on August 6, 2009 VOTE: Unanimous LATE FILE 2010-014 APPROPRIATION & TRANSFER ORDER – SCHOOL DEPARTMENT FACILITY AND TECHNOLOGY Upon a motion duly made and seconded this item was referred to a public hearing on August 6, 2009. VOTE: Unanimous Councilor Crocker made the following motion. The motion was seconded. “Under Town Council Rule 9, Rejected Measures, I move to submit 2010-017 Appropriation and Loan Order for Stewart’s Creek West Side Phase II for first reading.” Councilor Crocker explained rejected measures. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS - None A motion was duly made and seconded to adjourn the meeting at 10:55 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco Assistant Town Clerk


August, 6, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, August 6, 2009, at the Knight Auditorium, Barnstable High School, 744 West Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT J. Albert Johnson, lawyer, was appalled by the catcalls and insults hurled at the councilors during the June 25th meeting. He believes the audience intimidated the board and hopes this meeting will be respectful. John Julius asked “what is American?” and then defined not allowing due process, taxing people out of their homes, or local governments stripping people of property rights, as un-American. He announced that he had petitions to be signed if the measures are voted in, because these decisions should be made by the people. Al Baker said there were many good things about Barnstable. Intentions of speakers are to better the town as are the desires of the Council. Input from both the professionals and the citizenry, who also know what is right, are needed. Patrick Paige feels he has been held to a higher standard regarding his parcel on Buttonwood Lane with respect to the Wetlands Protection Act. He has numerous photos of the pollution at the YMCA. Mud and debris has flooded Route 6A. He has been advised to sue the town. Jane Saunders, Patrick Paige’s wife, spoke on the same issue. The DEP and EPA in Boston have been contacted and the issue will be investigated from agencies outside the town. The Town Attorney’s office will no longer take her calls and she has been shut off from all communications. She is appreciative that Police Chief McDonald will communicate with them. The only thing they wished to do was develop the 21 Buttonwood lot fairly. COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Crocker asked if the DPW had comments on the YMCA runoff. DPW Director Mark Ells said his office has not received complaints. Complaints may have gone to Mass Highway since the road is state owned, not town owned. Ells will investigate further.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of June 2, 2009 as presented. VOTE: Unanimous (Milne abstained) Upon a motion duly made and seconded it was voted to accept the minutes of the July 16, 2009 with the following corrections: Councilor Milne said he was the missing “Yes” voter on Councilor Canedy’s amendment proposed for Item 2009-137. VOTE: Unanimous Councilor Canedy asked President Chirigotis to announce the votes and minority voters so they could be recorded more easily. Councilor Crocker suggested the council ask for a roll call vote if they wanted one.

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COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Munafo is opposed to having a big agenda during the summer. ORDERS OF THE DAY OLD BUSINESS 2010-001 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: BARNSTABLE YOUTH COMMISSION Alisha Collucci, BHS, 744 W. Main St., Hyannis, as a member to a term expiring 06/30/2010 Grace Crowell, BHS, 744 W. Main St., Hyannis, as a member to a term expiring 06/30/2010 Roger Santos, BHS, 744 West Main St., Hyannis, as a member to a term expiring 06/30/2010 VOTE: Unanimous 2010-017 APPROPRIATION & LOAN ORDER – SEWER COLLECTION SYSTEM EXPANSION Upon a motion duly made and seconded a public hearing was opened at 7:30 PM. VOTE: No objection Mark Milne, Finance Director; Wayne Miller, Chairman Board of Health; and Susan Rask, Board of Health Member, were present. Mark Ells gave the rationale and made a PowerPoint presentation (See Exhibit A). Ells said that people both in favor and opposed had questions on the other costs involved. The connection fee is under review. In addition, there are some individual home costs such as the pipe from the house to the sewer. He read an email from the DEP stating that the town has until Aug 7th to file the paperwork. (See Exhibit B). Wayne Miller said that 20% of the properties within the Phase 2 area have replaced their septic systems in last 5 years. The Board of Health has the ability to grant waivers for up to five years delaying the hookup for anyone with a new system no older than 5 years. Title 5 systems have a limited life span of about 25 years, while the sewer has double the life span. Given that fact, the costs are fairly equivalent. This funding is more equitable and different from the Lake Wequaquet scenario. Susan Rask served as a member of the former citizen’s advisory committee who determined that the area was a priority due to small lots, on which the current systems would not be able to be upgraded. Councilor Crocker thanked all who have been involved with this program. The following comments were made by residents within the Phase II area.

• Pat Kehoe feels, instead of sewers, Stewart’s Creek needs to be cleaned of tires and other debris as well as dredged to improve water flow. She has put in a Title 5 septic and still paying for it. She said it was criminal to ask for another $20,000.

• Dan James was opposed to this due to its cost. After learning the pros and cons, he is now convinced to go forward with these plans. He urges a positive vote. “We cannot afford not to.”

• Dawn Mathius would like clean drinking water before sewers. She asked if the hotel was on town sewerage. It is. She suggested that since the hotel’s fertilizer runoff could be responsible for the poor water quality, might the hotel be responsible for some of the payments. She cannot get help on the clean water issue and invited councilors to come take a look. On the water line

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replacements, Ells said the town has received stimulus money for it. The town is trying to accomplish both. She is second on the list for pipe replacement.

• Leanne D (?) was in favor of the project. The creek smells when the weather is hot. She has put her septic replacement on hold hoping this would happen. She would prefer a fixed rather than a floating price. Ells believes the estimates are conservative. The town can set a fixed price with the overage paid by town. Councilor Crocker explained that once it is on the title the price will not go up. Councilor Canedy pointed out that the town cannot give a fixed price by law until after the bid process.

• Roberta March is in favor of the sewers. She too was concerned about cost and had questions on how the cost was measured. Ells said the cost is per property. Dr. Miller said his board will look at waivers for newer systems and waivers for hardship. Ms. Rask explained other options such as a state income tax credit of up to $6,000 and a county septic loan program that can loan the money at 5% interest. Rask said if Ms. March’s septic failed, she would have to replace it with a build-up which would coast $25,000.

• Paul Wasilewski described how things have changed since the 1950s. The whole town should be sewered. The State should mandate that all towns on the Cape be sewered.

• Al Lucien has rental properties in the area and has not raised the rent in several years. He will have to raise the rent if this goes through. His tenants cannot afford it.

• Yolanda Kehoe said leaky septic systems are not the cause. According to the Mass. Estuary Study, the nitrogen level is below the allowable amount. Pollution is due to the stagnation of water not leaky septic. Ells said the project had to do with the ability to site Title 5 on the lots. The study is being done by the town. The culverts will be opened, however the work has not been started by Corps of Engineers. It is currently scheduled for the fall of 2010.

• JoAnn Crippic said she can’t afford the sewer but can’t afford not to tie in. She urges council support. She has had mail since 1993 saying it was coming.

• Judy Barron (?) said the council had voted against this so why is it being revisited. Everyone had a chance to speak. She is against the cost of it.

• Marvin Blank is in favor of the project. It is the obligation of the town to approve this. Ells explained that the Federal stimulus money is not totally out since the town has been given until Aug 7th to file.

The following comments were made by residents within the Phase I area.

• Milton Berglund urged the council to support this item. E. coli contamination cannot be prevented

by individual septic systems alone. Federal and State sewer mandates will be upon the area if this is not done. Title 5 not the long run answer. He suggested a possible deferment of the cost until the property is sold. It is a necessary public project and sewers are a part of it.

• Shirley Holmes reviewed her impressions of the Phase 1 meeting. There should have been more discussions on keeping the cost low, and discussions should have occurred before the vote. She has three properties and asked the council to vote with conscience because it will cost money.

• Unidentified speaker supports extending sewers to keep water and beaches safe. If the sewers are delayed it will be more expensive later on.

• Laura Brown read from her email. She suggested a no vote so questions can be answered and then the item reconsidered.

• Barbara Burke is in favor. • Gale Clear said they need town sewers to stop the contamination and avoid beach closings. • Jeff Coombs is in support. It doesn’t look right or smell right. Something needs to be done and the

time for action is now. • Michael Abodeely thanked Director Ells for his clarifications and urges voting yes on Phase 2 He

pointed out that the town could be sued due to not following environmental laws. • Kevin Burke urges voting in favor and hopes something can be worked out for those who cannot

afford it. It is economically viable since the improvement will increase the value of the property and it will only cost more in the future.

• Sarah Holmes asked for a no vote on Phase two and a revisiting of Phase 1. She put in a Title 5 septic because she was told that never would there be sewers on her road. She feels she should not have to spend another $20,000 to replace a new septic system.

• Tom Holmes thought he asked the right questions two years ago and put in a new septic. This will be spending more money for a family and children with expenses that older people don’t have. He should not pick up the tab for everyone.

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• Patty ? said the money is being offered at a time when people cannot pay their bills. She is convinced that the area needs to be dredged to drain the ecology that’s grown. The sewer system will not clear the creek. Clean the creek then determine what the septic systems are doing.

• Mary Ann McParland is against this because she cannot afford it. She also spoke of the tiny culvert that cannot clean the creek.

• Jim Winchinski said the project was long overdue but financially irresponsible. Continue it! The following comments were made by residents from other areas of town.

• Jon Julius had not heard the numbers regarding costs at the last meeting. He suggested the lack of communication on issues is done by design. Votes should be in the hands of the voters. People deserve other alternatives.

• Al Baker was in favor of bringing this item back before the council. There should be a way to lower the costs and make it more palatable to the home owner.

• Carl Perlmutter feels all estuaries on Cape Cod should have sewers. He finds it hard to believe that these conditions have been allowed to exist. “Let’s keep the Cape as the best place.”

• Rob Anderson said since there was no hope of salvaging the subsidy and too many questions have yet to be answered. It may be an opportunity to step back. The council could consider incorporating alternative technologies. He spoke of an alternate system that would cost $10,000 less a $6,000 tax credit. A county dredge could be used to open up the channel. He suggests voting it down now.

• Gail Maguire, President of the Wequaquet Lake Protection Association, urges approval. She hopes the council will have the courage to do what is best and the foresight to plan ahead for future generations. Title 5 systems do not remove the majority of the nitrogen or phosphorous. The town’s comprehensive wastewater plan has been quite thorough. “Move forward or waste time and money.”

• Nancy Keene is in favor of the project. She suggests finishing what was started. She feels the process has been disgraceful. Sewers will protect waters better than septic systems. People need to be accountable for all the homes built.

• Hid Welsh is in favor. Cape Cod has no reservoirs, no desalinization plant; it is totally dependent on groundwater. There is no completely safe Title 5; the system may be leaching improperly. The Cape suffers droughts that decrease level of water; buildings add to the consumption. Older homes are on lots that would not be allowed by permit today. It should be a no brainer. “Even birds don’t foul their own nests.”

• Ellen Crowley is not against sewers. She is opposed to the high cost that only 300 families have to pay fully. Ells explained that a 100% betterment has been the financial policy since 1988 when former grant programs were eliminated. The Corps project replacing culverts is about to go to bid and is a separate project from the sewering.

• Eric Schwaab feels this is not being done to protect the water since drinking water was never made a priority. Phase 1 is not a done deal since there has been no money received. It can be rescinded. He pointed out that the pump house on West Main St. connects to nothing and feels the town is drunk on federal stimulus money. He suggested banning commercial fertilizers on golf courses and building decentralized systems on town land. He suggested rescinding various votes as well as the town contributing to the betterments.

• Dorothy Hughes feels the process is flawed. She suggested examining alternate methods. Why was Phase 1 not removed when Phase 2 failed to be adopted? She referred to this as “endless pick- pocketing.”

• Tina Carey asked some questions about the WPC plant. Ells said nitrogen removal at the plant is treating down to 5 ppm, which required slowing down the rate the water moved through. There is no identifiable plume from the discharge. For comparison, Rask added that private septic systems treat to 50-60 ppm. Carey added that cost is about $30,000 per household. People cannot afford it. She urges a no vote.

• J Albert Johnson asked if the town would be facing immediate law suits if this does not occur. Other miscellaneous speakers.

• Kate Diver spoke on behalf of several people who had already gone home. They are against the sewer which they do not need and can’t afford. There are no failed systems in her neighborhood so they should not have to spend $20,000. Water quality should be paid for by entire community because it is a community responsibility. She suggested a general tax on all citizens.

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• Lorraine Doherty Mitchell said Stewart’s Creek has always smelled. She wanted a sewer and thinks everyone should pay for it.

• Brenda Haskins also does not have the money. Upon a motion duly made and seconded the public hearing was closed at 9:39 PM. VOTE: Unanimous

• Councilor Milne said that in Quincy every home was sewered; they paid through he nose and it is the best thing they did. He has been threatened by a recall if he votes yes. He pointed out that 42 of the parcels are at the point of failure very soon and 14 systems are 2 or 5 years old. There are three times more properties that will require action and for many homeowners, installing a Title 5 septic will need mounding. It will cost much more. Sewering will be the least costly solution. He will fight for aid for those who cannot afford it.

• Councilor Joakim feels a sewer betterment policy will be needed. She wants to see the sewer happen. Eventually, the entire town will be on sewers and some will cost much more. She would like to know more about allowing delaying hookups, tax exemptions, and the granting of waivers. Ells explained that he can delay the hookup, but the council must decide to delay the betterments. People with some variances have been approved for more elaborate septic systems, which is what they need and will have to install if there are no sewers. These are not cheap.

• Finance Director Mark Milne spoke on homeowner financing. The Barnstable County Loan Program is available to amortize the hookup cost to sewer; a state income tax credit up to $6,000 is available based on eligibility; there is a property tax deferral program including betterments for residents 65 or older who have lived in Massachusetts for at least 10 years and owned a house for at least 5 years; a Clause 18 exemption, which is not used very much and is the sole decision of the Board of Assessors, may be used in extreme cases.

• Councilor Munafo said his mind has not been changed. The vote will create hardship and the council has not come up with a way to minimize it. He doesn’t like the idea of losing the subsidy, but he cannot support it.

• Councilor Crocker likened this to a road issue where everyone had to pay a share. Septic systems will not get cheaper. Septic installations are especially difficult on small lots that may require two perk tests, etc. He described his experiences in installing septic systems.

• Councilor Canedy reviewed some of the common comments, including financing and communications. A process needs to be formulated that includes public input. She will vote yes again but strongly suggests expansion of the committee to discuss funding mechanisms, including the option of a town wide sewer tax.

• Councilor Farnham feels this is inevitable and a one-time opportunity to subsidize the cost. West Barnstable has no sewer or water. It would be difficult to ask West Barnstable to pay for sewers elsewhere.

• Councilor Barry is concerned about the financial impact in such a poor economic situation. • Councilor Tinsley said the project was supported by various civic associations and citizens’ groups.

This is a “when” not an “if” and an emotional gut feeling. If the town is sued, it will be more money. The decision will be just as tough 2 or 3 years down the road. He is in support.

A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-017 APPROPRIATION & LOAN ORDER – SEWER COLLECTION SYSTEM EXPANSION Upon a motion duly made and seconded it was ORDERED, That the sum of $3,300,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek – West Side (Phase II); and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,300,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and to pursue funds from the state Revolving Loan Program and other funding mechanisms and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed. VOTE: 10 Yes, 2 No (No: Barry, Munafo) (Roll Call)

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2009-011 APPROPRIATION & LOAN ORDER – WIND TURBINE & PHOTOVOLTAIC INSTALLATION AT HYANNIS WPC FACILITY Mark Ells gave the rationale and made a PowerPoint presentation. (See Exhibit C) Upon a motion duly made and seconded a public hearing was opened at 10:32 PM. VOTE: Unanimous Upon a motion duly made and seconded it was voted to continue the public hearing on September 3, 2009. VOTE: Unanimous 2010-012 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT Upon a motion duly made and seconded a joint public hearing with the Planning Board was opened at 10:40 PM. VOTE: Unanimous Planning Board Members Present: Ray Lang, David Munsell, Paul Curley, Matthew Teague. A motion was duly made and seconded to open a joint public hearing by the Planning Board. VOTE: Unanimous Joanne Buntich gave the rationale. She reviewed the amendments from Planning Board, the Long Beach Homeowners Association and the Building Commissioner, as well as other changes outlined in the Substitute Text Dated August 6, 2009. (See Exhibit D) A motion was duly made and seconded at 10:55 PM to continue the meeting past 11 PM and to end at midnight. VOTE: 11 Yes, 1 No (Munafo) Eliza Cox of the Long Beach Road Ass’n., said the association conditionally supports the item based on acceptance of the amendments they suggested. Jack Driscoll, President of the Long Beach Road Ass’n. has a background in the environmental area and is a property owner. This amendment balances the environment with the concern for property value. He is in favor as long as all the amendments are approved. Christina Weldon is saddened that the process has been so contentious. There has been anger towards the residents of Long Beach who pay lots of taxes, pay to nourish the beach, pay to dredge the river, and constantly come up with the money. They are good stewards of the land. Mary ? has no objection to the amendments. Unfortunately, there has been too much information that has not been shared. Barbara Hughes wondered if a voluntary tear down will now allow for expansion after the teardown. Steve Brown, President of the Red Lily Pond Ass’n., which, he said, exists because of the water. The association has voted in support of this item. He summed it up with the words “water view.” Roy Richardson said group has never been able to reach consensus. He feels the changes do not do what a DCPC was intended to accomplish. The Centerville dredging was funded by the Council. He suggested that the amendments are carefully reviewed to see if they are appropriate. It sounds as if the amendments are taking the DCPC in the other direction. Alice Brown is concerned about the amendments and suggests looking at them carefully. She is concerned that the people who show up on a given evening have such an effect. She suggests studying the issues to make informed decisions. She hopes that everyone will count equally as the Council decides.

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Roberto Dimarco is an attorney representing a resident of the Short Beach neighborhood. He said there was a problem with the lack of notice. He also pointed out that personal aspiration leave issues to subjective votes. The Law must be predictable, without subjective issues that leave power in the hands of individuals. He feels it needs more thought. Charles Ohr is in favor of restrictions that support the character with out taking away fundamental rights. Three properties have an issue which involves zoning and building codes. He feels a DCPC was unnecessary. Would you vote for it in your neighborhood? Mark Hobrun? said there was no give and take until the very end. The process has been poorly run. He feels there are other ways to preserve character without DCPCs. Neighborhood conservation commissions should be encouraged. George McPhetres (?) from Elliott Road spoke for the silent majority in the community as well as for the environment, which does not have its own voice. Nothing should disturb the character of the Long Beach. No McMansions after hurricanes. He urged people to look carefully and not conclude that last minute amendments should be considered. Jim Lang supports this item, without feeling he is taking rights from his neighbors, after seeing the evolution of the Trade Winds. Peter Buffington is in strong support; however, the timely presentation was less than perfect. Andy Myers feels it is a fair compromise and will support the DCPC with the amendments. Shirley Fisher feels this is an appropriate balance between the two extremes – property rights vs. environmental issues. Sharon O’Malley Monahan said if the amendments are honored she will support it. The area got there due to poorly enforced zoning laws. Zoning regulations should apply with or without the DCPC. Burt Tongsberg (?) said he followed the rules to a tee and still got denied. A motion was duly made and seconded to continue the joint public hearing on September 3, 2009. VOTE: Unanimous The Planning Board made a similar motion which was seconded to continue the joint public hearing September 3, 2009. VOTE: Unanimous 2010-013 APPROPRIATION & LOAN ORDER – COMMUNITY PRESERVATION NEW TOWN HALL Upon a motion duly made and seconded this item was continued to September, 17, 2009. VOTE: Unanimous 2010-014 APPROPRIATION & TRANSFER ORDER – SCHOOL DEPARTMENT FACILITY AND TECHNOLOGY Mark Milne gave the rationale. Gary Blau of the Department of Revenue said this was an appropriate use of the funds. Upon a motion duly made and seconded a public hearing was opened at 11:55 PM. VOTE: Unanimous No speakers. Upon a motion duly made and seconded the public hearing was closed at 11:55 PM. VOTE: Unanimous

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A motion was duly made and seconded to move the question. VOTE: Unanimous Substitute Text 2010-014 APPROPRIATION & TRANSFER ORDER – SCHOOL DEPARTMENT FACILITY AND TECHNOLOGY Upon a motion duly made and seconded it was ORDERED: That the Barnstable Town Council hereby appropriates $337,000 for school department facility and technology infrastructure and hardware upgrades and to meet the appropriation that the town transfers $337,000 from the sale of real estate account where the proceeds from the sale of the Grade 5 School building are held in accordance with state law. VOTE: 12 Yes (Roll Call) 2010-003 APPROPRIATION & TRANSFER ORDER TO FINALIZE COASTAL RESOURCES MANAGEMENT PLAN Town Manager John Klimm gave the rationale. Upon a motion duly made and seconded a public hearing was opened at 11:59 PM. VOTE: Unanimous No speakers. Upon a motion duly made and seconded the public hearing was closed at 11:59 PM. VOTE: Unanimous Councilor Munafo made a Charter Objection. B. NEW BUSINESS 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET ASIDE FOR OPEN SPACE Upon a motion duly made and seconded this item was referred to a public hearing on September 3, 2009. VOTE: Unanimous 2010-018 REGULATORY AGREEMENT FOR A 132-ROOM HOTEL – HILTON GARDEN INN Upon a motion duly made and seconded this item was referred to a public hearing on September 17, 2009. VOTE: Unanimous A motion was duly made and seconded to adjourn the meeting at 12:05 AM. VOTE: Unanimous Respectfully submitted, Lucia Fulco Assistant Town Clerk

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SPECIAL TOWN COUNCIL MEETING

August 27, 2009

quorum being duly present, Council President Frederick Chirigotis called the August 27, 2009 Special Town Council meeting to order at 7:08 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA A

PRESENT: Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, Harold Tobey ABSENT: Richard Barry, James Tinsley, Jr. The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. Taps were played by Sgt. Albert Madden in honor of Sen. Edward M. Kennedy who passed away on August 25, 2009.

COUNCIL DISCUSSION – STEWART’S CREEK

This box shows the history of the items voted by the Town Council on Stewart’s Creek: 2009-093 CIP APPROPRIATION – $200,000 CAPITAL TRUST FUND Upon motion duly made and seconded the public hearing on this item was opened VOTE: Unanimous in favor Upon a motion duly made and seconded it was ORDERED, That the sum of $200,000 be appropriated for the purpose of funding the Town’s share of the Stewart’s Creek restoration project as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $200,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: (Roll Call) 13 yes – On April 16, 2009 ----- 2009-096 – CIP APPROPRIATION & LOAN ORDER/SEWER COLLECTION SYSTEM Upon motion duly made and seconded it was voted to amend this item by adding at the end “and that betterments be assessed under the general laws for the improvements.” VOTE: Unanimous on the amendment Upon a motion duly made and seconded it was ORDERED: That the sum of $3,900,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek as outlined in the FY 2010 - FY 2014 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,900,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the

approval of the Town Council, and that betterments be assessed under the general laws for the improvements. VOTE: (Roll Call) 13 yes – Passed on April 16, 2009 2009-133 APPROPRIATION-& LOAN ORDER - SEWER COLLECTION SYSTEM EXPANSION This item was opened and read into the record, and a public hearing was held ORDERED: That the sum of $3,300,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek – West Side (Phase II); and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,300,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed. VOTE on item 2009-133 ROLL CALL - 8 Yes 5 No – Defeated (No voters: Barry, Crocker, Joakim, Munafo and Rugo) – DEFEATED – On June 25, 2009 2010-017 APPROPRIATION & LOAN ORDER – SEWER COLLECTION SYSTEM EXPANSION Upon a motion duly made and seconded it was ORDERED, That the sum of $3,300,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek – West Side (Phase II); and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,300,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and to pursue funds from the state Revolving Loan Program and other funding mechanisms and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed. VOTE: 10 Yes, 2 No (No: Barry, Munafo) (Roll Call) – Passed On August 27, 2009 2010-017 – RECONSIDERATION (REVOTE) ON APPROPRIATION AND LOAN ORDER – SEWER COLLECTION SYSTEM EXPANSION STEWART’S CREEK – WEST SIDE (PHASE II) UNDER SECTION 8-2 OF THE CHARTER OF THE TOWN OF BARNSTABLE. The item was opened and Councilor Canedy asked for clarification on a Yes and No vote. Yes means a positive vote in favor of the item and no means no. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was ORDERED: that the sum of $3,300,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek – West Side (Phase II); and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,300,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and to pursue funds from the state Revolving Loan Program and other funding mechanisms and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed. VOTE: 9 Yes 1 No (Munafo) – Roll Call

2010-020 – BALLOT QUESTION ON STEWART’S CREEK WEST END (PHASE II) FOR SPECIAL ELECTION The item was opened and Councilor Milne asked if the additional dates of passage of this item should be included in the item. After a brief discussion the consensus was to keep the item as presented. A motion was made and seconded and voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded, it was ORDERED: that a special election be and hereby is called in the Town of Barnstable to be held on October 13, 2009 between the hours of 7:00 a.m. and 8:00 p.m. and that the following question shall be placed on the ballot for said special election: “Are the voters in favor of the following appropriation and loan order voted favorably by the Town Council on August 27, 2009: That the sum of $3,300,000 be appropriated for the purpose of funding the sewer collection system expansion at Stewart’s Creek – West Side (Phase II); and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $3,300,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and to pursue funds from the state Revolving Loan Program and other funding mechanisms and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council, and that betterments or any of the methods for sewer assessments be assessed.” YES NO VOTE: 9 Yes 1 No (Rugo) Upon motion duly made and seconded it was moved to go into Executive Session for the purpose of discussing personnel contract negotiations and not to return to open session. VOTE: 7 Yes 3 No (Canedy, Crocker, Munafo) Due to lack of a quorum the Executive Session was not held. ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at 7:20 p.m.

Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


September 3, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:05 PM, on Thursday, September 3, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy (7:10), Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne (7:30), James Munafo, Jr., Thomas Rugo (7:10), James M. Tinsley, Jr. and Harold Tobey. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence.

• Lifeguard Team Recognition (See Exhibit A) Patty Machado Assistant Director Recreation Division said the new recreation center is a wonderful opportunity for the youth of the town. She named the 2009 champions of the life guard competition. The team placed first even in the swimming competition. Many of the team members have returned to school and could not be present. She then presented the team captain and BHS teacher, Mark McLaughlin, with the 2009 Employee of the Year award. Mark introduced Demi Miskive, Senior at BHS, and Sophomore Tom Condiff from Sandwich. Brandon Estrella, a thirteen year life guard was representing all those life guards who could not compete because they worked at the town’s beaches on competition day. It was a phenomenal team effort. He hopes to come before the council again with the whole team next year.

• Jane Eshbaugh Community Service Award (See Exhibit B) Councilor Crocker was joined by Jaci Barton and Jeff Eshbaugh. Barton made the award to this year’s nominee, David Doyle. She read the proclamation. She said the description of the recipient was a true description of Mr. Doyle. Doyle said an award like this belongs to all the volunteers not just one person. He named several key volunteers: Stu Goodwin and Amy Cates, Board of Directors, Fire Chiefs Paul Frasier and Chris Olson, Matt Brent, Raf and Rich at the Cotuit Fresh Market, as well as Mike and Steve at the Kettle-Ho

• Proclamation for National Suicide Prevention Week (See Exhibit C) Councilor Barton introduced Maura Weir, Regional Coordinator of the Suicide Prevention Coalition and Initiative, recipient of the proclamation proclaiming Sept 6 – 12 Suicide Prevention Week.. Weir made a few comments and announced an educational event open to any interested parties. They need people on the ground to see what is or is not working and to make suggestions. She needs the help of the local community to be successful. Suicide is preventable and catching it early can save lives.

• Coastal Resources Management Plan Presentation Bob Jones reviewed the status. The group has met over thirty times. It is a diverse group that worked together and accepted all opinions even if the individual was not in favor of the resolution for the issue. The input of many groups was sought in order to address all the specific needs. There is a great demand for docking space. He would like a workshop with the council to dissect the plan, which has an enormous amount of data, goals, strategies and polices. He will provide copies of the plan in November for review and hopeful approval. He also addressed the agenda item which requests funding for the program (2010-003). PUBLIC COMMENT

John Julius spoke to voters about voting no on the sewer issue on the October 13th ballot. The extra election on October 13 should have been on the regular November election ballot to save $50,000. He suggested every councilor resign and said Councilors Barry and Munafo had the brains to vote ‘no’. Julius’s people will be out with an army to get the vote out. Eric Schwaab stated that his house was vandalized by someone rubbing human excrement on his door and windows. He attributed this act on the fostering of and creating a climate of hate. Is this the kind of town you want? He said this special election, scheduled out of fear of holding the referendum on the same date as the regular town election, was a waste of $50,000 in light of the pay freezes and job losses that have just occurred. Councilor Crocker asked him if he had reported the incident to the police. Schwaab said he had. Bill Cronin spoke on the Steamship Authority’s intention to demolish an existing slip and construction of two new slips, work to begin in the next month or two. He referred to a 1992 agreement between the SSA and the town that requires prior approval for changes costing over $50,000. There has been no such vote. He also referred to a boardwalk which was never built as well as the number of allowable trips, which have been exceeded. Rob Anderson appeals for more open communication between the council and residents. It would help avoid misunderstandings, etc. He will be launching an internet option to encourage open communication. He asked the council to help open the doors to communication. Ernie Doody had a question about an upcoming sewer expansion at Hall’s Creek, where he lives, that was recently mentioned by Mark Ells. The expansion is not mentioned in the CIP. He was also concerned about the reference to nutrient management planning in the CIP at a cost of $150 M. Sewerage is sewerage not nutrient management planning. In addition he had concerns about the 2004 decision to pipe water from Schoolhouse Creek, the worse pond in Barnstable, to Stewart’s Creek. Should he have to pay for that because he lives at Stewart’s Creek? Wayne Lampson, General Manager of the Steamship Authority, explained that in 2002 the “veto” in the 1992 enabling act was changed to “vote” and gave a Barnstable member voting power on the board.

• Councilor Canedy asked who authorized the change from veto to vote. Lampson said it was state legislation. There has been a vote on this project by the SSA Board which was unanimous and included a vote from the Barnstable representative.

• Councilor Milne asked if freight levels have gone back to the 1997 levels as agreed. Lampson said they had not, and explained some of the obstacles in accomplishing that goal. What should Milne say to constituents when signed agreements have not been honored? Lampson said there have been amendments relaxing those requirements and pointed out the transfer of the Hinckley building to the town as a quid pro quo. Milne suggested and Lampson agreed to participate in a meeting, if the council so desired.

• President Chirigotis said he would schedule a workshop to air and address all these issues publicly.

• Bob Jones said he was the member on the Steamship Authority Port Council. He gave some history based on his experiences. The SSA is lifeline to the islands and part of the National Highway System. The authority has that charge and all seven ports try to work with the people in each town because they consider themselves part of the town.

COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Crocker said it was clear that there will be no rest until the October election. He is glad for the petition; however, this group does not seem to care about the people in the community who support the Stewart’s Creek sewering. He believes 20% of the people will come out for this special election. A $30,000 election expense pales in comparison with the 160 households who will each realize $15,000 in savings over the amortization period if the referendum passes. Councilor Farnham agrees with Crocker. The first time the issue came out, the explanations were not as clear as they have been this time. A number of the current systems would be considerably more expensive to replace than the cost of the sewering. He does not know how much longer the Board of

Health can give residents a ‘pass.’ He suggested the manager produce a bulleted document addressing all the issues as well as outlining the possible financing options for residents. This is the biggest vote to come before the town. It is not about wasting money but coming up with a one-time solution. Councilor Canedy also agrees and adds that the November date was avoided in favor of October, because it would be absolutely too late to capture stimulus money. She suggested considering one more workshop prior to the election to go over the issue one more time as well as better educating the public. She also pointed out that this same group complaining about the election cost is planning to initiate the recall of a councilor which will require another special election and another additional cost to the town.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes as submitted. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Canedy announced, among a variety of other activities, that at the opening Red Raiders football game, the Quarterback Club will sponsor a tribute to former Red Raider Pvt. 1st Class Vincent Manion, Army 2nd Airborne Div., who was seriously injured in March 2007 in Iraq and, after much rehabilitation, is residing again on the Cape. He is striving to make a new life for himself and his family. Councilor Barton and Milne also announced upcoming events. Councilor Munafo spoke about safety at the new youth center. He looked at the lighting and sees a problem with the four light fixtures at the repositioned roundabout which do not appear to be useable and need to be corrected. Councilor Barry added that the new facility was wonderful. Lynne Poyant spoke about the grand opening of the new Hyannis Youth and Community Center. She is compiling the invitation list which has 487 names at this time. Friday Sept. 25 is the official opening and Saturday Sept. 26 will be a free skate day. Information is on the HYCC website linked from the town website. ORDERS OF THE DAY OLD BUSINESS President Chirigotis took Item 2010-012 out of order. There were no objections. 2010-012 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT (Public Hearing continued from August 6, 2009) Councilor Joakim said this was a continuation of the public hearing and made a motion that the council would use the Substitute Text 2010-012 dated August 19, 2009. There was a second. VOTE: No objections. Councilor Crocker asked when it would be appropriate for him to make a Charter Objection on this item. Pres. Chirigotis said there will be a continued public hearing with the Planning Board, followed by councilor comments, followed by a vote. Councilor Munafo announced that he will be offering a second Charter Objection. Joanne Buntich reviewed the substitute text and the DCPC process. This DCPC came from the members of the village and is enabled by the Cape Cod Commission Act. This handles issues that transcend traditional zoning and land use rules. She introduced a friendly amendment that includes some procedural items from the town attorney and the removal of some language that increases the comfort level with the document.

Councilor Joakim made a motion to amend Item 2010-012 Substitute Text Dated August 19, 2009 as follows: Section 240-131.3 Definitions: Impervious Surface – Remove the words “natural stone” from this definition. Lot Area - For the purpose of determining Maximum Building Coverage and Maximum Lot Coverage Allowances the lat area for legally created lots developed and/or improved as of June 13, 2008 shall be the horizontal area of the lot defined by metes and bounds. All of the lot area used for zoning compliance shall be land other than that under water nine (9) months or more in a normal year. Add new Section 3 Add to the Preamble Section 3 incorporates the DCPC implementing regulations into the Town of Barnstable Ordinances. Add as Section 3 For the purpose of the Cape Cod Commission ACT, the implementing regulations shall be deemed incorporated into the ordinances of the Town of Barnstable upon the approval by the Cape Cod Commission. Add new Section 4 Add to the Preamble Section 4 adds the DCPC implementing regulations for the Centerville Beach District to the Town of Barnstable Ordinance Article II, § 240-5 Establishment of Districts, Residential Districts. Add as Section 4 Amend the Town of Barnstable Zoning Ordinance § 240-5 Establishment of Districts by adding the CBD – Centerville Beach District to the list of Residential Districts. Joanne Buntich explained the reasons behind these changes. Paul Niedzweicki, Executive Director of the Cape Cod Commission said the DCPC is a powerful planning tool that provides progressive protection. It is about preserving vital historic and natural resources, such as the barrier beach in Centerville. Proposition 2 ½ drives land use and may remove local control, yet it is important to try to protect certain areas. The commission is not against bigger homes per se and points to a house on Long Beach Road which uses creative architecture to break up the roof lines and blend the structure into the surrounding land. Niedzweicki is trying to extend the timeframe to benefit the town but he is constrained by the Act and time is running out. Good work has been started. Whether or not there is action tonight, the Cape Cod Commission will have to consider what happened here. It is about the resource and all need to act responsibly. Raymond Lang, Planning Board and chair of the subcommittee, said it was a plan from the ground up not the top down. The board supports what was done which does not take away many rights from people and gives them some new ones. Jack Driscoll, Pres. Long Beach Association, would like the charter objections reconsidered. People have worked hard and it is a reasonable solution. Some preferred the original text and no one wants mansionization, but some would like to do a little expansion. He feels the document is reasonable and urges support. Meg Loughran, President of the Centerville Civic Association, said since the last meeting people have regrouped and reached consensus. The majority of the stake holders support it. If this does not pass it will say that the town cannot take care of its own zoning needs and she would be embarrassed by it. She would like to know why from any councilor who votes no.

William Rickman is the counsel to the attorneys retained by the Crane family. Why not revise the town’s zoning ordinance? He feels that is all that is necessary. Zoning leaves in place protections of property owners when lots become non-conforming. A goal of the DCPC is to weaken those protections. If the DCPC is adopted the town loses control of the regulations. The town may wish to amend and CCC may not allow it. Jim Lane feels the Trade Winds should be a “line in the sand.” This DCPC is something the people really want. The Charter Objection should be dropped. Fred Williams urges support of the proposal to protect resources for people in the future. George Gringold spoke for the environment. He prefers the Aug 19 draft. His only objection is that it does not favor provisions for expansion of homes as a matter of right. Insurance companies raise rates when they sense risk and people build in fragile locations. Storms which may cause destruction of homes may also cause damage to the barrier beach. Rebuilding or enlargement needs some sort of an environmental process, not just a matter of right. Anything dealing with expansion needs to be stated clearly and in one place. Roy Richardson said there needs to be a goal of keeping the beach from changing for another 85 years. He supports this item. Kate Singeltary said it was about the resource and a higher responsibility. All need to get on the same page, which has happened over the last four weeks. This is the time to be heroes of the future. Do not honor the Charter Objection. Vote it tonight. Nancy Soulette is stunned at the thought of a Charter Objection. She is a naturalist and is in favor of this. The serious areas of disagreement have been resolved with the amendments and she urges approval. Lindsay Counsell thinks the DCPC effort is a good start. Critical planning is needed. The town promised the state they would address some of these issues and, if it doesn’t, it may come back on the town when they apply to the state in the future. Sarah Alger was part of the advisory committee, which she found frustrating, because people have been good stewards of the land. The process makes it seem otherwise. She believes the people who live there have a concern for the area and she is not sure the DCPC is the answer. Height regulation just doesn’t work; the inability to rebuild in the event of fire makes no sense. She feels it is incorrect to say that the majority are in favor; it is the vocal minority who are present who support it. The DCPC addresses emotional reactions and she suggested voting it down. Arlene Wilson has a number of clients in the affected area. She pointed out some flaws in the DCPC such as not prohibiting construction in velocity zones; prohibiting buildings from conforming to new flood elevation levels regulations; dealing with conflicts between the DCPC and conservation regulation, etc. She does not think it is quite there. If it is voted, she suggests continuing to amend it to address the ambiguities. Steve Brown served on the Citizen’s Advisory Committee. Shellfishing beds have become polluted and the tide must be stemmed. He asks the council to support this. Sue Rohrbach read a letter she had sent to the council in favor of this item. (See Exhibit D) Merillee Crain owns three homes in the DCPC area. She cares about the resources but it should be done carefully, reasonably and locally. Residents will lose the right to modify a home and the town lose the local power over zoning; these will be turned over to the CCC. Vote against it and keep the right local. Tom Kirk owns three homes and urges support of the DCPC. Rev. Joanne Hotunian is not sure if the sentiments to approve are a vocal minority, but it should be noted that great changes in history have been sparked by a vocal minority.

Barry Weiner, attorney for home owners in each area spoke in opposition of this draft. All meetings lacked meaningful discussion. Weiner felt proposals to facilitate the discussions, including submissions of other draft language, were thwarted by members of Growth Management, who were running the meetings. This was a sorry process which was unnecessary and unfair. Drafts are confusing, complex, inconsistent, poorly drafted and not thought through. Local zoning control will be lost forever if this is approved. Peter Buffington spoke in support of the DCPC, not because it meets every owner’s wish, but in order to push it forward. If the town does not act, residents may be subject to state and the Cape Cod Commission regulations of which they will have had no say. Avis Strong Park said the area is suffering and urges passage of the item as soon as possible, especially to take advantage of funding. Alice Brown wants to preserve the special character of the area, including the wonderful unique homes. She also urges support of the DCPC. Christina Whelton said people put time, money, sweat and tears into crafting this agreement. No one is fully satisfied but that is what compromise is. She feels the process is being sandbagged. The process has caused divisions in the community. She also believes the Cape Cod Commission has a draft which is significantly different and which will cause many residents to lose even more property rights. Roger Hansen feels the document is a good balance between the issues to be addressed and property rights. Bob Angelo has come around to understand the better good fostered by this DCPC. He liked the Aug 6th document better but is comfortable with this version. He suggested amendments be considered immediately to improve it. Leaving this to the CCC is foolhardy. He urges passage. Anne Gingold spoke of past problems with townspeople’s rights to the water and the barrier beaches. She asks that all be respectful as good citizens. Upon a motion duly made and seconded, the Planning Board voted to close the public hearing at 9:28 PM. VOTE: Unanimous Upon a motion duly made and seconded the Town Council voted to close the public hearing at 9:28 PM. VOTE: Unanimous Recess 9: 30 – 9:42 PM Chairman Lang reported that the Planning Board recommends approval of the Centerville DCPC Item 2010-012, by a unanimous vote. Councilor Joakim said the Conservation Commission and the Board of Health are in full support of the document. Councilor Rugo wanted a clarification regarding the suggested inability to rebuild a house in the event of a fire. In addition he wanted confirmation of his understanding that if this passes, there would be little likelihood that the Commission would change it. And, if it does not pass, the Commission will be able to structure their own DCPC which would become law. Buntich said repair of damaged property occurs now and would occur if the DCPC passes. Attorney Ruth Weil addressed the process for Cape Cod Commission involvement. If it passes, the Commission staff does a consistency analysis and makes a recommendation to the full Commission, which is scheduled to vote on Sept 10th. If it fails or there is no vote, the Commission may propose and send to the Assembly of Delegates its own version, which will become law if the Assembly approves or fails to act within a 75 day window.

Councilor Milne asked about making the ZBA the Special Permit Granting Board. Buntich said this keeps the permitting environment stable and the ZBA does most of them. Milne asked for explanations of several other sections: exempt uses allowable by a majority vote; setback allowances; roof decks; hardship exemptions; types of ownership; seasonal vs. year-round uses. She responded satisfactorily to his concerns. Councilor Barry feels if this dies on the vine it will have wasted 18 months of time. If this does die on the vine he asked Niedzweicki not to let it die at the CCC. Use it as a platform to make changes. Councilor Canedy said this requires a two-thirds vote so if four councilors object it is defeated despite the positive interest from the audience. She does not want the public to be defeated if this item is defeated. She also asked Niedzweicki to give the council enough time to digest the document, especially with the flurry of amendments that have come the last few weeks. She is disappointed with the suggestion of a Charter Objection feeling the item should get an up or down vote out of respect. Councilor Farnham asked if this does not pass would there be an option for the town to take control of this in another effort or a re-nomination. Attorney Weil said the town can always can pass a zoning amendment. If the DCPC fails and the Commission chooses not to act, the current DCPC dies on September 25. President Chirigotis said the DCPC has occurred and if regulations have not been implemented and the Commission has not acted, the DCPC is done. The district can be re-nominated after its current life fails. Weil clarified the remaining time frame: September 10 is the last day for the Commission to act on this item and September 24th is the last day for the Commission to submit the plan to the Assembly of Delegates. Councilor Crocker feels there are at least 3 or 4 more opportunities. He will vote for another DCPC but not this one because he feels it is not good zoning. It is not a good document and needs to go another round. Teams of people went out to get their own support – from handshakes and deals. He feels the town can do better work than this. Councilor Barton agrees with Councilor Barry to vote on it tonight. Councilor Munafo feels he has been “brought to the wire” with last-minute substantial changes. Everyone has good intentions but he feels the DCPC process will hurt them. All the objectionable houses recently built are within the rights of the owners. This will be a loss of grandfathering. When the whole town becomes a DCPC there will be no representation of the people in the process because the council will have given its authority over to staff. This weakens the people’s representation. He will probably not find any reason for voting on a DCPC. Councilor Milne said the voters voted for the Cape Cod Commission, which is not a foreign entity. The people who serve on the Commission are local entities: Neidzweicki, Richardson and Lynch are all citizens of the town. Lynch controls more vote by population than anyone else. Milne is confident that the Commission and the Assembly will do the right thing to carry forward the town’s sentiments. Councilor Rugo was a sponsor of this DCPC. It was just a remarkable grass-roots effort and not a result of hand-shakes and deals. The handshakes were a meeting of the minds. There was nothing underhanded and he feels it is a good piece of legislation. Rugo explained that he was going to file a Charter Objection at the August meeting to get it out of the way while there was still time to act on this item, but the Precinct 3 councilor said he would not file a charter objection on this item. That allowed the public hearing to remain open and continue this evening. Now, the Precinct 3 councilor is planning to file the Charter Objection. Councilor Joakim said that the councilor from Precinct 3 made the arguments for this DCPC when he pointed out that the elevator house and the Trade Winds were done within the law. This is an opportunity to create our own regulations, not the much stricter regulations that the Commission will enact. Craigville Beach is a place people go to be at the ocean. The problem is not the ZBA that makes the

decision based on zoning. The problem is the zoning. She said the people in Centerville want this. There is a large silent majority Councilor Rugo made a motion to adopt the amendments put forward by Councilor Joakim. Councilor Crocker asked for a ruling on the timing of a Charter Objection relative to this amendment. Attorney Weil said this vote would amend the item but this vote would not trigger the Charter Objection. The trigger would be the vote on the item. The Charter Objection would be made after it was voted to move the question. The motion to adopt the amendments was second. VOTE: 11 Yes, 1 No (Munafo) Councilor Barry moved the question which was seconded. Councilor Crocker filed a Charter Objection. Councilor Milne objected explaining that in the past, he had made a Charter Objection in this manner and it was called out of order. Milne felt there was prejudicial treatment. Councilor Crocker asked for a ruling on the Charter Objection. There was a motion to move the question and a second, then there was a Charter Objection. Councilor Joakim pointed out that the council never actually voted to move the question. Attorney Weil said there would have to be a vote to move that question, which is not debatable, before the filing of a Charter Objection would be timely. The Charter Objection was premature. President Chirigotis put the seconded motion to move the question on the floor. VOTE: 11 Yes, 1 No (Joakim) 2010-012 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT Upon a motion duly made and seconded it was ORDERED: Preamble: This ordinance is adopted as a zoning implementing regulation of the Craigville Beach portion of the Craigville Beach District of Critical Planning Concern (DCPC). Included in this order in Section 1 amends the zoning map to create the Craigville Beach District; Section 2 adopts the Craigville Village Implementing Regulations. Section 3 incorporates the DCPC implementing regulations into the Town of Barnstable Ordinances; Section 4 adds the DCPC implementing regulations for the Centerville Beach District to the Town of Barnstable Ordinance Article II, § 240-5 Establishment of Districts, Residential Districts. Section 1 Craigville Beach District Map That the official zoning map of the Town of Barnstable is hereby amended by adding the Boundary of the Craigville Beach District replacing portions of the RB, RC, RD and RD-1 district as shown on a map on file with the Town Clerk entitled "Proposed Amendment to the Town Zoning Map Creating the Craigville Beach District" dated July 16, 2009 and “Proposed Amendment to the Town Zoning Map Hyannis Sheet 3 of 7 and Centerville Zoning Map Zoning Map 4 of 7 creating the Craigville Beach District” dated July 16, 2009 Section 2 Craigville Beach District Implementing Regulations That Chapter 240, The Zoning Ordinance is hereby amended by adding a new Article XIV District of Critical Planning Concern Implementing Regulations and adding Craigville Beach District Implementing Regulations: §240- 131 Authority This Article is adopted under the authority of the Home Rule Amendment, Article 89 of the Constitution of the Commonwealth, and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989. §240-131.1 Purposes and Intent

A. The purpose and intent of this section is to guide development in the Craigville Beach District pursuant to the Guidelines of Barnstable County Ordinance 08-06 to ensure that development and redevelopment: (1.) Contributes to and respects the character and historic development patterns of the area; lessens

inconsistent development and redevelopment impacts to the historic and community character resources in this area;

(2.) Protects and preserves scenic views and vistas and ways to the water; (3.) Protects and improves natural resources including but not limited to the barrier beach and

groundwater and coastal water quality; lessen development and redevelopment impacts to the natural resources and ecosystems in this district;

(4.) Protects human life and property from the hazards of periodic flooding, (5.) Preserves the natural flood control characteristics and the flood control function of the flood

plain, (6.) Preserves and maintains the ground water table and water recharge areas within the floodplain.

As the entire complex of coastal wetland resources moves landward due to relative sea level rise, the Craigville Beach area’s coastal floodplains immediately landward of salt marshes, coastal beaches, barrier beaches, coastal dunes, and coastal banks require special protection.

Section 3 For the purpose of the Cape Cod Commission ACT, the implementing regulations shall be deemed incorporated into the ordinances of the Town of Barnstable upon the approval by the Cape Cod Commission. Section 4 Amend the Town of Barnstable Zoning Ordinance § 240-5 Establishment of Districts by adding the CBD – Centerville Beach District to the list of Residential Districts. 240-131.2 District Boundaries

A. The provisions of this ordinance shall apply within the Craigville Beach District (CBD), as shown on the Barnstable Zoning Map, July 16, 2009. A. Neighborhood Overlays. For the purpose of this ordinance the Craigville Beach District is divided into the following Neighborhood Overlay areas, as shown on the Barnstable Zoning Map, July 16, 2009.

LBSB: Long Beach/Short Beach CB: Craigville Beach CRNB: Centerville River North Bank CV: Craigville Village

§ 240-131.3 Definitions Accessory Use or Building-- A use or structure which is customarily incidental to and subordinate in area, extent, and purpose to that of the principal use or structure. Base Flood Elevation (BFE) – The elevation shown on the Flood Insurance Rate Map (FIRM) that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Beach Club -- A membership establishment legally in existence at the time of the adoption of this ordinance, not open to the general public, located in close proximity to a beach and providing recreational and social activities, including food service, to members. Building Coverage - The percentage of a lot covered by principal and accessory buildings or structures. For the purposes of this section, this definition does not include uncovered swimming pools and tennis courts, and decks not exceeding 100 square feet or 10 feet in length. Building Height – The vertical distance from the grade plane to the highest point of a gable, hip or gambrel roof and the highest point of the coping of a flat roof. These height limitations shall not apply to chimneys or flagpoles, as approved by the Building Commissioner. Common Driveway – A form of access which is not a street but extends from a street and provides common vehicular access to more than one (1) lot. For the purposes of calculating Lot Coverage, the common driveway’s Impervious Surfaces shall be equally allocated among the lots served and/or benefited by the common driveway in proportion to the sizes of the lots.

Conference Center – A non-profit religious and educational use legally in existence at the time of the adoption of this ordinance comprised of guest houses and cottages, single family residences, recreational areas, lodging for guests, meeting spaces, and summer recreational opportunities. Cottage Colony – A group of three or more detached dwellings, under one ownership, legally in existence at the time of the adoption of this ordinance located on a single lot, which are customarily rented out to the transient public by day, week, month, or season and occupied on a seasonal basis only. Cottage colonies shall not be used year round. Cottage colony structures shall not exceed one and one-half stories and 800 s.f. GFA. Elevated Structure - A structure elevated for the purpose of Barnstable Code, Section 240-34, Flood Area provisions whose lowest structural member is 1’ above BFE in A zones and 2’ above BFE in V zones. FEMA – Federal Emergency Management Agency. FEMA Flood Zones - Geographic areas susceptible to inundation by water that FEMA has mapped according to varying levels of flood risk, as defined and delineated on a community’s Flood Insurance Rate Map. FIRM – Flood Insurance Rate Map Grade – The referenced plane of the average of all finished ground levels adjoining the building or structure for a distance of 6 feet from all exterior walls. Retaining walls for mounded septic systems mandated by the Board of Health are not included in the calculation of grade. Gross Floor Area – The sum of all floor areas within a building or structure, measured from the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. It shall include all areas capable of being used for human occupancy, including all basement floor areas, mezzanine and attic space and enclosed porches. Half Story – That space above the plate line but below the ridgeline in an area commonly called the “attic space”, provided that the gross floor area of the half story shall not exceed 66% of the gross floor area immediately below the half story. Impervious Surface A surface which prevents the penetration of precipitation or other liquids into the ground, including roofs, concrete, asphalt, sidewalks, etc. Any area designed for vehicle use or vehicle parking covered with porous pavers which may become impervious over time may, at the discretion of the Building Commissioner, be considered impervious surface. Lot Area - For the purpose of determining Maximum Building Coverage and Maximum Lot Coverage Allowances the lat area for legally created lots developed and/or improved as of June 13, 2008 shall be the horizontal area of the lot defined by metes and bounds. All of the lot area used for zoning compliance shall be land other than that under water nine (9) months or more in a normal year. Lot Coverage - The percentage of a lot covered by Impervious Surfaces. For the purposes of this section, paved driveways and parking areas, principal and accessory structures, and other on-site amenities that render any portion of a lot impervious shall be included in the definition of lot coverage. Non-Profit Educational Use – An educational use conducted by a not for profit corporation whose articles of incorporation permit it to engage educational activities and “educational purposes” as its principal permitted use within the meaning of Massachusetts General Laws, Chapter 40A, sec. 3, including but not limited to libraries and museums. Open Foundation: A pile or column foundation designed for structures in flood zones that minimizes the foundation area subject to lateral flood loads. Open foundations are intended to prevent flotation, collapse, and lateral movement of a building during a flood-event. Religious Institution – An institution engaged in “religious purposes” within the meaning of Massachusetts General Laws, Chapter 40A, Section 3. Seasonal Use – A use carried on for only a part of the year. Typical seasonal uses are outdoor recreational activities such as swimming and boating both motorized and non-motorized; impermanent use of cottages, motels, hotels, letting of rooms in a residential structure and letting an entire residential structure. Seasonal Use Structure – Any structure designed or used as temporary seasonal living quarters that is not used as a primary, permanent residence. Seasonal use structures may have heat and other amenities but do not deposit wastewater into wastewater treatment systems on a regular year round basis and do not withdraw water for consumption or other activities on a regular year round basis. Single Family Residence - A detached residential building designed for and occupied by a single family. Small-Scale Food Service – An establishment legally in existence at the time of the adoption of this ordinance where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to formula business limitations as described herein. These uses are intended to increase pedestrian activity.

Special Permit Granting Authority (SPGA) - The Zoning Board of Appeals shall be the special permit granting authority within the Craigville Beach District. Story - The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Upland – All lands not defined herein as wetlands. V (Velocity) Zone—The area extending from mean low water to the inland limit 100 year floodplain supporting waves greater than three (3) feet in height. V-zones are mapped on the FEMA FIRM. Wetland – The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune, or other shifting sand formation. Section 240-131.4 Craigville Beach District Use Regulations Municipal uses are exempt from these regulations. A. Principal Permitted Uses. See 240-131.7 (Neighborhood Overlay Regulations) herein. B. Use Limitations

(1.) Any use not expressly allowed herein is prohibited. (2.) The conversion of any building or structure from seasonal use to year round use is prohibited, except

that Single Family Residences are not subject to this use limitation. The conversion of a building, or buildings, constituting a cottage colony, hotel, inn or rooming house, or of a facility required to be licensed as a recreational camp, overnight camp or cabin, or motel under S. 32A to I of Chapter 140 of the General Laws, to condominium-type ownership, shall be deemed to be a change in use from seasonal to year-round use, and is prohibited. (3.) Permitted business and retail uses shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (“Formula”) array of services and/or merchandise, trademark, logo, service mark, symbol, décor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than fourteen (14) other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

C. Exempt Uses (1.) Religious institutions, accessory day care centers, and Non-Profit Educational uses are permitted as

exempt uses within the Craigville Beach District. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the Craigville Beach District as set forth in Sections 240-131.1 Purposes and Intent, § 240-131.5 Dimensional, Bulk and Other Regulations, § 240-131.7 Neighborhood Overlay Regulations.

(2.) Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use, provided however that the relief granted will not create a public safety hazard along adjacent roadways and will not adversely impact natural resources or create a nuisance or adverse impacts to other surrounding properties. A modification permit shall be subject to the same procedural requirements as a special permit except that approval of a modification permit shall require a simple majority of the members of the Board.

D. Continuation. Any lawfully established lot, structure or use existing at the time of the adoption of this ordinance that does not conform to the provisions of the CBD shall be allowed to continue.

E. Change, Expansion or Alteration of Uses and Structures Existing conforming or non-conforming uses and structures lawfully existing at the time of the adoption of this ordinance may continue subject to the following:

(1) As of right (a.) The normal and customary repair and maintenance of a building or structure and the conversion of

existing floor area to habitable space is permitted as of right. (b.) The alteration and expansion of a building or structure is permitted as of right provided that the

alteration or expansion shall conform to following criteria:

[1.] Conforms to applicable height requirements of § 240-131.5. [2.] Does not exceed the Coverage Limitations set forth in § 240-131.6 [3.] Complies with applicable neighborhood performance standards. (2) By Special Permit

(a) The alteration or expansion of an existing conforming or non-conforming lawfully established building or structure that does not qualify under the “as of right” provisions above shall be permitted only by a special permit from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations and/or expansions:

[1.] Are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure;

[2.] Comply with Section 240-131.1 Purposes and Intent and with the Performance Standards for the neighborhood district where the development is located, in accordance with Section 240-131.7 Neighborhood District Overlay Regulations with the exception of the dimensional requirements of Section 240-131.7 D (1);

[3.] Do not exceed 25% of the Gross Floor Area of structures in existence as of July 1, 1989 or 10% of the Gross Floor Area of structures in existence as of June 13, 2008. [4.] Do not increase Lot Coverage over what is allowed under § 240-131.6 Coverage Limitations

or by more than 10% over what was existing on June 13, 2008, whichever is greater. [5.] Do not increase flood hazards in the neighborhood. [6.] Maintain or enhance views to Nantucket Sound and/or the Centerville River where applicable

in accordance with Section 240-131.5, note 4; [7.] In V-zones does not increase south facing building surfaces so as to limit the adverse effect of

increasing elevation or velocity of flood waters due to a change in flowage characteristics on the subject site, adjacent properties, or any public or private way.

F. Special Permit for Dimensional Relief

The SPGA may provide relief from minimum yard setbacks when such relief ensures that the proposed development:

(1.) Is consistent with § 240-131.I Purposes and Intent; (2.) Is consistent with the Performance Standards for the neighborhood district where the

development is located in accordance with Section 240-131.7 Neighborhood Overlay Regulations; and

(3.) The applicant demonstrates undue hardship without desired relief. G. Re-establishment of damaged or destroyed use, building or structure.

(1.) The re-establishment of a lawfully established conforming or non-conforming use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met:

(a.) The reconstruction or repair will not materially increase the gross floor area or height of the building or structure beyond that which previously existed, nor materially increase the footprint of the structure; or materially change the grade; except that buildings in the flood plain that existed prior to June 13, 2008 may be elevated 2 feet above BFE or as required by the applicable law regardless of the resulting building height provided the building complied with building height regulations at the time of its construction.

(b.) If the building’s location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations and with performance standards regarding building orientation.

(c.) The reconstruction or repair will not constitute an expansion or intensification of any use. (d.) In the case of any use in which it would otherwise be required, the site plan review

process has been followed. (e.) Design and architecture of damaged or destroyed buildings and structures in existence at

the time of the adoption of this regulation may be replicated. If the Building Commissioner

finds that the structure is to be rebuilt to replicate what existed before the damage or destruction the design guidelines in this chapter do not apply.

(2.) Any previously established use or structure which no longer complies with the provisions of

the CBD shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.

H. Voluntary Demolition and Reconstruction of Single Family Residences: Lawfully established Single

Family Residences may be demolished and reconstructed in accordance with §240-131.4 G. This provision shall not be construed to supersede local, state or federal regulations pertaining to the demolition of historic structures.

240-131.5 Dimensional, Bulk, and Other Requirements: The following requirements apply to all development and redevelopment in the Craigville Beach Zoning District.

Neighborhood Overlays Craigville Village Craigville Beach Long Beach/Short

Beach Centerville River North

Bank Requirements For all legally created and/or legally developed lots that were in existence as of

June, 13 2008 and conformed to the existing zoning when legally created, the existing lot area, lot frontage, front, side and rear setbacks and building height dimensions may be used in lieu of the following dimensional requirements.

Minimum Lot Area (s.f.)

87, 120 87, 120 87,120 87,120

Minimum Lot Frontage (feet)

75 100 125 125

Min. Front Yard Setback (feet)

15 20 20 20

Min. Side Yard Setback (feet)

410 15 15

4 15

Min. Rear Yard Setback (feet)

10 15 15 15

Maximum Building Height

1,2,330 26 30 30

Maximum number of

stories3

2 2 2 2

Maximum Building Coverage

See Section 240-131-6

Maximum Lot Coverage


Dimensional table notes: (1.) Maximum Building Height allowances vary depending upon the roof pitch of the structure, with gable

roofs having a slope of 7/12 or greater allowed the maximum building height, hip and other sloped roofs with a slope of 4/12 or greater are allowed 5 feet less than the maximum building height, and flat roofs prohibited except on one-story additions totaling less than 300 square feet per parcel.

(2.) Buildings in the flood plain that existed prior to June 13, 2008 may be elevated 2 feet above BFE or as required by the applicable law provided the building complied with building height regulations at the time of its construction.

(3.) The second story must be set back at least 2 feet from the façade line of the floor below on two of the building’s facades and the second story floor area shall not exceed 80% area of floor area immediately below it.

(4.) In the Long Beach/Short Beach Neighborhood, to preserve and enhance views of Craigville Beach and the Centerville River, a view corridor shall be preserved using 20 feet of either side setback or, where side yard setbacks are less than 20 feet, the greater of either side yard setback existing on June 13, 2008. The view corridor shall remain free of view obstructing buildings, structures, site improvements or landscaping other than low growing plant material or existing natural vegetation for the entire depth of the property from the street to the river or beach.

240-131.6 Coverage Limitations: The following limitations apply to all development and redevelopment in the Craigville Beach Zoning District.

Lot Size Maximum Building Coverage (footprint) Allowance

Maximum Lot Coverage Allowance

1,300-4,999 s.f. 1,100 s.f. plus 10.8% of lot area over 1,300 s.f. 50% 5,000-7,499 1,500 s.f. plus 6% of lot area over 5,000 50%, but no more than

3,200 s.f. 7,500-9,999 1,650 s.f. plus 6% of lot area over 7,500 3,200 s.f. 10,000-14,999 1,800 s.f. plus 4% of lot area over 10,000 3,300 s.f. 15,000-19,999 2,000 s.f. plus 6% of lot area over 15,000 3,400 s.f. 20,000-34,999 2,300 s.f. plus 4% of lot area over 20,000 3,600 s.f. 35,000-44,999 2,900 s.f. plus 4% of lot area over 35,000 3,600 s.f. or 10%,

whichever is greater.

45,000 and above 3,300 s.f. plus 3% of lot area over 45,000 10% Section 240-131.7 Neighborhood Overlay Regulations A. Purpose: The Neighborhood Overlay regulations establish uses, dimensional requirements and design guidelines to preserve the distinctive character; allow continued use and enjoyment of properties and structures; make provisions for changes, expansions; protect and preserve scenic views and vistas; protect and improve natural resources; and to limit damage from periodic flood events for each neighborhood within the Craigville Beach District. B. Historic and Community Character. These regulations will ensure that development and redevelopment in the CBD contributes to and does not detract from the historic character of the Craigville Beach area; that any proposed additions to historic structures shall be consistent with the historic structure and shall be consistent with the character of the surrounding neighborhood, including elements such as building height, mass and orientation; and preserves views and ways to the water from public spaces, streets and ways. C. Applicability: Development and redevelopment shall be subject to the following additional requirements and regulations based upon the applicable Neighborhood Overlay. D. General Performance Standards

1) The development complies with the setbacks and lot coverage requirements set forth herein, and is in character with surrounding structures, particularly structures that predate it unless relief has been granted by the SPGA in accordance with Sections 240-131.4(E) and (F).

2) The development complies with the height limitations set forth herein.

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3) Exposed foundation walls for raised septic systems and/or elevated structures are prohibited; foundation walls shall be screened through the use of foundation plantings and/or the use of other natural materials.

4) Stormwater management and erosion control for non-residential uses comply with best management practices through Low Impact Development or other adaptive management practice.

5) Up to 50 square feet of roof deck may be allowed atop the first or second floor of a structure if the railing and support structure for the roof deck are constructed fully below the tallest part of the roofline they are contained within.

E. Long Beach/Short Beach Neighborhood

(1) Permitted Principal Uses: The following principal uses are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the performance standards listed below.

(a.) Single Family Residence (2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131-7 C. (3) Performance Standards All development and redevelopment shall meet the following standards:

(a.) No land area shown as V-zone shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zones which might increase the potential for flood damage shall be prohibited. This provision shall not be construed to include duly permitted docks and piers.

(b.) Any activity or development in a V-zone that creates an adverse effect by increasing elevation or velocity of flood waters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. Any proposed activity shall not result in flood damage due to filling which causes lateral displacement of flood waters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rest with the applicant and shall require certification by a professional engineer.

(c.) Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member 2’ above the BFE in V zones and 1 foot above BFE in A zones. For all new construction and substantial improvements within the V zones, the space below the lowest floor must either be free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.

(d.) Transitional Provision Any development that has obtained a hardship approval from the Cape Cod Commission for a building permit prior to the effective date of this ordinance shall not be subject to these regulations for the development authorized by said hardship exemption.

F. Craigville Beach Neighborhood

(1) Permitted Principal Uses: The following principal uses are permitted in the Craigville Beach Neighborhood Overlay area subject to the performance standards listed below.

(a.) Single Family Residence (b.) Small-scale food service (c.) Beach club (d.) Cottage colony (e.) Hotel or motel in existence as of July 16, 2008 that is lawfully established

(2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Craigville Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131-7 C. (3) Performance Standards: All development and redevelopment shall meet the following standards:

(a.) No land area shown as V-zone shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zones which might increase the potential for flood damage shall be prohibited.

(b.) Any activity or development in a V-zone that creates an adverse effect by increasing elevation or velocity of flood waters due to a change in drainage or flowage characteristics on the subject

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site, adjacent properties or any public or private way is prohibited. A proposed activity shall not result in flood damage due to filling which causes lateral displacement of flood waters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rest with the applicant and shall require certification by a professional engineer.


(4) Beach Club Design Guidelines

Purpose: To maintain public views to the water and to maintain the neighborhood’s existing character with small scale building masses and natural or traditional building materials. (a.) Building Height and Massing: New construction on Beach Club properties shall have modest

massings to relate to the small scale of most structures in the beachfront neighborhood. Any structure with a footprint of 3000 square feet or more shall incorporate significant changes in massing to break up the facade, and should integrate one-story massings into the design to relate the building to the surrounding smaller structures.

(b.) Building Orientation: Buildings shall be oriented with the narrow end facing the street and the water to maximize public views of the water across the site. New buildings or complexes should not extend over more than 150 feet of the lot frontage, and efforts should be made to limit the expansion of existing buildings.

(c.) Maintaining Views to Water: Multiple buildings on one lot should be clustered close together to limit obstructed views of the water, or shall be separated from each other by 100 feet or more of road frontage to allow broad unobstructed views across the lot to the water. (d.) Fences: Fences shall be of open construction and low profile (such as split rail and low picket fencing) to maintain public views to the water. Fences over 3 feet in height should be limited to screening loading and delivery areas adjacent to buildings, or modest trash collection areas. Screening fences should not extend farther than necessary beyond the building footprint to maintain public views.

(e.) Building Materials: Exterior building materials shall be those traditionally used in the region or other naturally weathering materials, such as wood shingle, wood clapboard, or board and batten siding.

G. Centerville River North Bank Neighborhood

(1) Permitted Principal Uses: The following principal uses are permitted in the Centerville River North Bank Neighborhood Overlay area subject to the performance standards listed below.

(a.) Single Family Residence (2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Centerville River North Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131.7 C.

(3) Performance Standards: All development and redevelopment shall meet the following standards: (a.) Tree removal or vista pruning shall not interrupt the treeline as viewed from the south looking

northward to the treeline. (b.) No land area designated as V-zone of the FIRM maps shall be developed unless such

development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zone which might increase the potential for flood damage shall be prohibited. This provision shall not be construed to include duly permitted docks and piers.

(c.) Any activity or development in a V-zone that creates an adverse effect by increasing elevation or velocity of flood waters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. A proposed activity shall not result in flood damage due to filling which causes lateral displacement of flood waters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rest with the applicant and shall require certification by a professional engineer.

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(d.) Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member 2’ above the BFE in V zones and 1 foot above BFE in A zones. For all new construction and substantial improvements within the V zones, the space below the lowest floor must either be free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.

H. Craigville Village Neighborhood

(1) Permitted Principal Uses: The following principal uses are permitted in the Craigville Village Neighborhood Overlay area subject to the performance standards listed below.

(a) Single Family Residence (b) Conference Center

(2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Craigville Village Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131.7 C. (3) Performance Standards: All development and redevelopment shall meet the following standards: (4) Design Guidelines

(a.) Purpose: Most buildings in the Craigville Village Neighborhood date from the late 1800s and early 1900s when the neighborhood developed as a Christian Camp Meeting Association. The neighborhood is still defined by its historic structures and their configuration around a central green, small street grid, and communal paths.

(b.) Objectives:

(1.) To preserve the character-defining features of the original camp meeting neighborhood including its small lots, modest scale structures, and orientation of buildings to public areas.

(2.) To ensure that additions and alterations to structures are compatible with the existing scale and character of the building and preserve the original massing and unique architectural features of its historic buildings.

(c.) Application: The design guidelines set forth herein do not apply to structures in existence as of the date of the adoption of this ordinance, but shall apply to all new development, to any additions to existing structures, and to all reconstruction projects except as provided for in Section 240-131 (G)(1)(e).

(d.) Building Design. The guidelines shall apply to construction of new structures and expansions and alterations of existing structures. (1.) Preserve the original massing of historic structures (pre-1945): (2.) Additions should be attached to secondary or less prominent facades of the building

(the side or rear facades), and should be stepped back from the front and rear corners of the building so as to preserve the original massing of the structure, including its roof form.

(3.) Work with modest massings: Additions should be scaled to be consistent with or smaller than the size of the original historic structure, following the neighborhood tradition of expanding small cottages incrementally with modest additions. Additions should generally have a lower roofline than the original structure to maintain the prominence of the original building, though some additions may be slightly taller than the original structure if attached to the original structure with a smaller connecting mass.

(4.) Roof forms: The roof pitch on new construction and additions should complement the roof pitch of the original historic structure and should maintain a pitch of at least 6 over 12.

(5.) Retain Original Architectural Details and Unique Forms: Additions should be placed so as to limit the removal of distinctive architectural trim and features that are unique to the building. Additions and alterations should not interfere with character-defining features such as open porches, steeply pitched roof forms, unique windows, and carpenter gothic trim along eaves and entries. Siding materials used on the original structure should be retained, though other regional siding materials may be appropriate on additions.

Section 240-131.8 Additional Provisions

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A. Other regulations The following provisions of the Barnstable Code are hereby incorporated into this regulation: § 240-7 Application of District Regulations; § 240-9.C & D; § 240-10 Prohibited Uses; § 240-34 Flood Area Provisions; § 240-43 Accessory Uses; § 240-46.A & B Home Occupations; Article VI Off Street Parking Sections 240-52, 240-53.B through .E ; and Sign Regulations § 240-59 through 63; Article XI Growth Management Sections 240-110 through 122; Article IX Site Plan Review; Article XII Administration and Enforcement § 240-123 – 240-124; § 240-125 C Special Permit Provisions as these provisions of the Barnstable Code cited in this section may be amended from time to time B. Conflicts Unless otherwise stated, the requirements of the Craigville Beach District shall apply to uses and structures within the Craigville Beach District. In the event of a conflict, these regulations shall apply. C. Severability The provisions of this chapter are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this chapter. If any court of competent jurisdiction shall invalidate the application of any provision of this chapter to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town. President Chirigotis asked for a vote by roll call for this item. Councilor Crocker filed a Charter Objection. President Chirigotis called it out of order since there had been one Charter Objection filed in this item and there can be only one Charter Objection filed. Attorney Weil asked for a brief recess. Recess 10:37 PM – 10:45 PM President Chirigotis said he does not challenge the charter objection. He passed the gavel to Vice President Harold Tobey who took control of the meeting. President Chirigotis made the following motion:

“I move the council require the town manager to re-nominate this district as a district of critical planning concern tonight.” The motion was seconded by Councilor Crocker. Councilor Rugo asked for an explanation of what this means. Chirigotis said this will initiate another DCPC for this area, keep the moratorium in effect and extend the period of time for the town to act up to another two years. Weil explained that the re-nomination requires going through the process of hearings by the Commission; once accepted, it then gives a year plus a three-month extension for completion. VOTE: 10 Yes, 2 No (Canedy, Munafo) NOTE: No vote was taken relative the amended version of 2010-012. Councilor Tobey made a motion which was seconded to extend the meeting past the 11 PM hour. VOTE: 11 Yes, 1 No (Barry) Substitute Text September 3, 2009. 2010-011 APPROPRIATION & LOAN ORDER – WIND TURBINE & PHOTOVOLTAIC INSTALLATION AT HYANNIS WPC FACILITY (Public Hearing continued from August 6, 2009) Town Manager John Klimm gave the rationale. Present: Richard Elrick, Town Energy Consultant; Peter Doyle, Supervisor WPC; Tom Michaelman, WIN Consultant; Tom Devine, Stearns & Wheeler Project Manager; and Dale Saad. Mr. Elrick made a PowerPoint presentation. (See Exhibit E).

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Councilor Canedy asked why the amount of money in the substitute motion was $2 M less. Elrick explained the photovoltaic components will cost less than originally thought. Councilor Tinsley asked about the savings per household. That determination has not been done as yet. Councilor Munafo asked questions about flickering and shadow models at the site locations, costs for service and maintenance contracts; potential vandalism; life of the equipment and energy credits. Tom Devine and Tom Michaelman provided the answers. Flickering should be insignificant. They have budgeted $10,000 per turbine for maintenance and, once the turbines are selected, it will be part of the contract. Vandalism does not appear to be a problem elsewhere; the facility is fully fenced. The minimum life if the equipment is of 20 years and often longer than that. The turbine energy would feed into a meter which reads a credit and networked to the usage meters in order to realize the reduction, anticipated at 78%. Elrick discussed the benefits. Projects like this will continue to make sense and be a huge benefit to the town and rate payers Councilor Farnham made a motion to move the question which was seconded. VOTE: Unanimous Substitute Text 2010-011 APPROPRIATION & LOAN ORDER – WIND TURBINE & PHOTOVOLTAIC INSTALLATION AT HYANNIS WPC FACILITY Upon a motion duly made and seconded it was ORDERED: That the sum of $7,650,000 be appropriated for the purpose of funding the energy efficiency, wind turbine and photovoltaic installation at the Hyannis Water Pollution Control Facility; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $7,650,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: 12 Yes, (Roll Call) 2010-003 APPROPRIATION & TRANSFER ORDER TO FINALIZE COASTAL RESOURCES MANAGEMENT PLAN A motion was made and seconded to move the question on this item. VOTE: Unanimous. 2010-003 APPROPRIATION & TRANSFER ORDER TO FINALIZE COASTAL RESOURCES MANAGEMENT PLAN Upon a motion duly made and seconded it was ORDERED: that the sum of $14,000 be appropriated from reserve funds for the purpose of finalizing the Coastal Resources Management Committee update of the 1990 Camp, Dresser& McKee Coastal Resources Management Plan as follows: $13,000 for personnel; $1,000 for final document preparation, printing and distribution; and that the Town manager is authorized to contract for and expend the Appropriation made available for this purpose. VOTE: 11 Yes, 1 No (Canedy) (Roll Call) 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET ASIDE FOR OPEN SPACE Upon a motion duly made and seconded it was voted to postpone the pubic hearing to September 17, 2009. VOTE: Unanimous LATE FILES

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2010-019 REGULATORY AGREEMENT BETWEEN THE TOWN OF BARNSTABLE & 46 NORTH STREET, LLC Upon a motion duly made and seconded this item was referred to a public hearing on October 1, 2009. VOTE: Unanimous 2010-021 BALLOT QUESTION - CAPITAL EXPENDITURE EXCLUSION- BULKHEAD IN BARNSTABLE HARBOR Upon a motion duly made and seconded this item was referred to a public hearing on September 17, 2009. VOTE: 10 Yes, 2 No (Crocker, Chirigotis) 2010-022 CONTINGENT APPROPRIATION ORDER - REPLACEMENT OF THE BARNSTABLE MARINA BULKHEAD Upon a motion duly made and seconded this item was referred to a public hearing on October 1, 2009. VOTE: 11 Yes, 1 No (Crocker) 2010-023 APPROPRIATION AND TRANSFER ORDER $25,000.00 CAPITAL TRUST FUND 296 NORTH STREET HYANNIS (ZION MUSEUM) Upon a motion duly made and seconded this item was referred to a public hearing on October 1, 2009. VOTE: Unanimous (Tobey absent) TOWN MANAGER COMMUNICATIONS Town Manager Klimm recognized the entire DPW staff for their work on the wind turbine and photovoltaic installation at the Water Pollution Control facility. Manager Klimm also requested some time in executive session for a serious employee matter. The executive session will occur at the September 17th meeting at 6:30 PM. Upon a motion duly made and seconded the meeting was adjourned at 11:32 PM. Respectfully submitted, Lucia Fulco Assistant Town Clerk

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September 17, 2009

quorum being duly present, Council President Frederick Chirigotis called the September 17, 2009 meeting to order at 6:37 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA A

PRESENT: Richard Barry, Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, Harold Tobey ABSENT: James Tinsley, Jr. The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. Upon motion duly made and seconded it was voted to go in to an Executive Session for the purpose of negotiating a non-union contract and to come out in open session at the end of said Executive Session by 7:00 p.m. VOTE: Roll Call to go in to Executive Session at: 6:40 p.m. – Unanimous in favor The meeting resumed at: 7:02 p.m. PUBLIC COMMENT: Andre Sampou asked to speak in favor of the Conover restriction. He said that Kris Clark and volunteers have propagated over 1 million quahogs. These are distributed locally. This proposal is a winner for the town. It will enhance the harvest. It will help reduce some of the nitrogen loading. It will preserve a nice vista. Al Baker feels the miniature golf course on Main St. was a destination and the store that replaced it is nothing. He appreciated Assistant Town Manager Tom Lynch coming to Marstons Mills. He feels anyone who is circulating a petition needs to have the language approved prior to collecting signatures. It is rude to have them collect signatures and get the petition refused. The voting Tuesday was a disgrace; people should exercise their rights. ACT ON MINUTES Upon motion duly made and seconded it was voted to accept the minutes of Sept. 3, 2009. VOTE: Unanimous Upon motion duly made and seconded it was voted to accept the minutes of Aug. 27, 2009. VOTE: Unanimous CHARTER COMMISSION PRESENTATION: Richard Clark, former Chair of the Charter Commission, came forward. He delivered the final report that is going to be mailed out to all households on October 5, 2009. The commission was elected in 2007 and they are now bringing forward the finished product. A question will be on the ballot on November 3 to vote this up or down. Clark highlighted the changes in the charter.

Former Commission Clerk, Sheila Geiler, explained the facts of the proceedings and their compliance with 43B of MGL. They issued a preliminary report after 16 months. The final report was presented on May 6, 2009. Former Commission Vice Chair, Sue Rohrbach listed who they met with and who helped them. Marilyn Contreas, from the state, John Klimm, Town Manager and many others were recognized. She said that the commission also hired a number of legal advisors as well. She thanked everyone who came to the public hearings and helped them. Mr. Clark agreed with Councilor Milne who said the charter is the town’s constitution and this is a process for review. There is no perfect document. He asked that residents take a look at the charter, judge it and consider it. It was a great experience. Councilor Crocker asked what the legal consultants offered. Clark said drafting and re-drafting was a large part of their task. The team that they hired lived up to the commission’s expectations. We lived under a $50,000 budget and got what we needed out of it. It was compromising. This document is down the middle. Councilor Crocker also asked Ms. Geiler about posting of meetings and the dissemination of documents during the process. Geiler said that all meetings were open and public meetings; plus they had 3 hearings and in all cases the notification requirements were met. They were able to tape the meetings. All records are with the Town Clerk. Councilor Canedy thanked the commissioners for their service. Should the charter not pass we should tackle some of the issues that you brought forward. Councilor Milne said if the charter vote passes, then we go into a transition mode. At the ballot box you will be changing the form of government. Clark agreed and said that you would be changing the constitution of the town. You can only vote it up or down. He then explained some of the details of the transition beginning in 2011. COMMUNICATIONS: Councilor Farnham reminded residents that not only the Sagamore Bridge has traffic issues; but, Route 6A will have work being done on it beginning next week. Councilor Milne passed out reasons for convening Executive Session and Open Meeting Law changes. He wants to know (through a constituent) what are the criteria that would not allow someone to speak at a council meeting. President Chirigotis announced that, as designated in the agenda, the order of business will be the New Business first. B. NEW BUSINESS 2010-024 ACCEPTANCE OF A $511,808 GRANT FROM US DEPARTMENT OF JUSTICE Manager Klimm said these items are from the police department and Chief MacDonald and staff have been able to get a number of grants. Barnstable will get a finger printing machine, community policing monies, and grant administrator.

Councilor Munafo stated that this is a Federal grant and he will not vote for it. Councilor Crocker asked who is the grant writer. The chief explained that it was a combined effort. Upon motion duly made and seconded, it was RESOLVED, that the Barnstable Town Council does hereby accept fiscal year Recovery Act: Edward Byrne Memorial Justice Assistance Grant: Local Solicitation from the United States Department of Justice in the amount of $511,808. VOTE: 11 Yes, 1 No (Munafo) 2010-025 ACCEPTANCE OF FY10 STATE 911 DEPT TRAINING GRANT OF $31,870 Manager Klimm explained that we are receiving this grant to support training costs for E911 and other specialty training. Councilor Crocker asked how this will help. Chief MacDonald said all officers are required to go through the trainings. The Town of Barnstable actually handles more 911 calls than the Sheriff’s office. Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a FY10 State 911 Department Training Grant award in the amount of $31,870 from the Executive Office Public Safety. VOTE: 12 Yes 2010-026 GRANT ACCEPTANCE – 911 DEPT. SUPPORT & INCENTIVE GRANT Manager Klimm explained the 911 support and State 911 grant. We receive all categories of calls, fire, police etc. This will help update the center itself. Upon motion duly made and seconded it was RESOLVED: That the Barnstable Town Council does hereby accept fiscal year 2010 911 Department Support and Incentive Grant from the Commonwealth of Massachusetts, Executive Office of Public Safety, State 911 Department in the amount of $177,244.00. VOTE: 12 Yes 2010-027 AUTHORIZING ACCEPTANCES OF GIFTS FOR THE HYANNIS YOUTH &

COMMUNITY CENTER Manager Klimm said this will allow us to set up the financial account for individuals to contribute to and sponsor the HYCC. Councilor Crocker wanted to know how is the money going to be spent. Finance Director, Mark Milne said it will go through the standard process of the town, start with the manager and go through the town finance department. It will be a side account. We can’t use gifts as part of estimated receipts. Crocker would like to see the Town Manager also sign off on the expenditures. Upon motion duly made and seconded, it was voted to postpone this item to the next Council meeting on Oct. 1, 2009. VOTE: Unanimous in favor 2010-028 ACCEPTANCE OF A $10,000 GRANT FROM THE NATURE CONSERVANCY

Councilor Munafo asked what type of corporation or group is The Nature Conservancy. Nina Coleman from Sandy Neck stated that The Nature Conservancy is a non-profit organization and helps in projects like this. The contract has been reviewed and the only thing we have to do is to report back to them on the progress. Upon motion duly made and seconded it was RESOLVED: That the Barnstable Town Council does hereby accept a grant from the Nature Conservancy in the amount of $10,000 for the purpose of invasive species removal work on Sandy Neck Beach. VOTE: 12 YES 2010-029 GIFT ACCEPTANCE OF $2,600 FROM WEST BARNSTABLE HISTORICAL

SOCIETY FOR ANCIENT GRAVESTONE RESTORATION Manager Klimm stated that this will caulk and clean stones etc. Councilor Crocker asked if this was enough money for the project. Councilor Farnham said this money was in an account for the purpose of maintaining the cemetery. It is all set to go. DPW Director, Mark Ells said that the Cemetery and S&G department heads have reviewed this and are set to complete the project. Upon motion duly made and seconded it was RESOLVED: That the Town Council does hereby accept a gift in the amount of $2,600.00 from the West Barnstable Historic Society for the restoration of ancient gravestones in the Old West Barnstable Cemetery and that the Town Manager is authorized to enter into contracts and to expend the gift for the purposes specified. VOTE: 12 Yes

2010-030 APPROPRIATION & TRANSFER ORDER - $31,831 FROM THE SALE OF THE

DECLARED TWO SURPLUS ZAMBONIS Manager Klimm said we are set to open the HYCC. These zambonis were declared surplus and will not be suitable at the new rink. It was suggested that the language of the item be changed to include zambonis and link them to the project. It was acknowledged that this would be done. Lynne Poyant, Director of Community Services said that she was pleased because the zambonis were sold for $12,000 more than they were purportedly valued. Upon motion duly made and seconded it was voted to refer this item to a public hearing to be held on October 1, 2009. VOTE: Unanimous in favor 2010-031 APPROVE THE AMENDED & RESTATED CONSERVATION RESTRICTION

CONOVER & ACCEPT A GIFT OF AN ACCESS EASEMENT TO THE TOWN Jackie Barton, from the Barnstable Lane Trust made a presentation on this restriction. She gave a brief history. In 2000 the council approved a conservation restriction here. She showed a variety of maps. The land is classic pitch pine forest. It gives up the right to build a

permitted dock and retires the building envelope. The town will be able to tend to the shellfish nursery off shore. Kris Clark said the shellfish propagation area is a one of a kind and serves West Bay. She brought a couple of large photos of the area. Our quahog propagation has grown. Councilor Crocker questioned the boundary. George Dallas, legal counsel for Mrs. Conover noted that there are places on the beach that will be dry for 24 hours. The line is the BVW and that is at the base of the bluff. Councilor Rugo asked what would be the alternative. Kris Clark said we have to seek permission from property owners to use their land. She explained that it is our primary nursery. Councilor Munafo asked how long do we lay the nets out to dry. Clark said 3 or 4 weeks. Jackie Barton said that Mrs. Conover would see about a $25,000 tax reduction. Councilor Munafo said her reduction is an increase in the rest of our taxes for us to hang out nets. It is the only nursery and provides clams for around the town. It is back breaking work said Ms. Barton. Councilor Farnham stated that lugging nets is a monumental effort and Kris has built a good program. This will prevent the building of a house and a dock. The overall benefit merits our voting for this. A motion was made and seconded to amend: I move that the amendments to the foregoing restriction and easement be approved subject to and to take effect upon further amendment to include complete, free and unconditional access of others, including the public. Attorney Dallas (Mrs. Conover’s attorney) said that if that amendment is adopted we will build a house and this will not take place. Attorney Houghton gave some more description of the boundaries. VOTE: On amendment for unconditional access - 4 yes, 7 no - FAILED Recess at 8:21 p.m. Reconvened: at 8:35 p.m. Councilor Crocker is clear on the issue. Councilor Joakim is disappointed that we set aside land that saves people tax money, and yet there is no public access. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor. Upon motion duly made and seconded it was RESOLVED, that the Town Council approve the Amended and Restated Conservation Restriction between Catherine M. Conover (grantor), and Barnstable Land Trust, Inc., (grantee), over approximately 26.97 acres of land on Grand Island, Osterville, Map 070, Parcels 017-003, 018 and 022 and Map 071, Parcel 024, for the purposes of preserving open

space and water quality and providing access to the Town of Barnstable for purposes relating to the care of the Town’s shellfish grants and further that the Town accepts the gift of a perpetual access easement from Catherine M. Conover for purposes relating to the care of the Town’s shellfish grant in West Bay. VOTE: 7 Yes 4 No The following is inserted into the minutes for mapping and historical purposes: The amendments to the conservation restriction also provide a mechanism for granting an access easement to the Town. The perpetual easement has been agreed to in principle by the Town Manager and Assistant Town Attorney, David Houghton. The easement will grant to the Town a limited right of access to the beach area as described below. Goal: Provide access to the beach area on West Bay to service the Town’s shellfish grant that is the Town’s only nursery for growing out seed clams. The area proposed for access falls within the Managed Landscape Area B of the conservation restriction which is seaward of the building envelope, along the eastern boundary of the property. Access details:

1) The beach would provide a work area for the Town of Barnstable’s Department of Natural Resources staff and volunteers under staff supervision for laying out, drying and reclaiming nets and for the temporary storage of cages and gear when planting and harvesting.

2) Access with gear is by water. No overland access. 3) Activities are limited to the beach between the base of the bluff and mean low water

within the Managed Landscape Area B of the original Conservation Restriction.

2010-032 GIFT AND GRANT OF A CONSERVATION RESTRICTION-67 PILOT’S WAY Councilor Canedy gave a brief overview of this item. She noted that we do not have the ability to change the terms. Arlene Wilson, who represents the bank, said this is 7 acres of about a 12 acre parcel. This is a red maple swamp and is assessed for $228,000, but the house lot which is part of this property has a house on it and can’t get an occupancy if the restriction is not accepted. Wilson represents Community Bank (the seller). Town Attorney Ruth Weil explained that this goes back to 2004/5 and was a variance that was appealed. This is part of an agreement for judgment. Canedy said there is a willing buyer, it is partially constructed and we are in better position for tax benefit if this can be sold and taxes collected. Councilor Joakim asked if there is a time restriction, she felt she did not have enough information. Wilson thought the council had a map of the area. The house has been foreclosed on and is 99% complete. Recessed at 8:50 to 8:55 p.m.

• Councilor Joakim apologized but felt that the council needs to have more information and she moved to postpone this item until Oct. 1. (it was seconded).

• Councilor Crocker said this has to be passed in order for anyone to occupy the home. This is not as confusing as it appears. You can’t hold up a closing.

• Councilor Milne agrees and reminds the council we are the policy setting board – we are not the administration. What we are picking apart is the work of the Town Manager and Legal. Trust the staff in doing their work and what they are doing. This is not policy.

• Councilor Rugo questioned why do we have to issue a conservation restriction? What are we gaining? Councilor Barry noted that by passing this the town will make more money by collecting taxes. It is a win win. People want to buy the house – let’s do it.

• Councilor Farnham said this is common sense. This is an easy vote for yes.

• Councilor Canedy said this house has been on the market for a long time and they now have a willing buyer.

• Attorney Houghton said that what is being gifted is the conservation restriction. It is a form of ownership but we will not be the owner.

• President Chirigotis passed the gavel to Vice President Tobey and said this item did not go to the Land Acquisition committee. If this had gone through that committee, we would not have these questions.

A motion was made and seconded to move the question. Councilor Canedy said the Land Acquisition Committee is comfortable not voting on it because it was put together by a legal matter.

VOTE: on moving the question - Unanimous VOTE: on motion to postpone - 5 Yes 6 no - FAILED A motion was made and seconded to move the main motion. VOTE: Unanimous Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts the gift and grant of a Conservation Restriction from the Community Bank of 1265 Belmont Street, Brockton, Massachusetts on the land shown on Assessors’ Map 217 as Parcel 30 and on Map 237 as Parcel 4, being a portion of the property having a street address of 67 Pilot’s Way, Barnstable, to be held exclusively by the Barnstable Conservation Commission pursuant to G. L. c. 40 § 8C, in accordance with the terms of an Agreement for Judgment between Gordon Starr and Sherri Greene-Starr and the Town of Barnstable Zoning Board of Appeals dated July 20, 2004; and authorize the Council President and Town Manager to sign any documents in furtherance thereof. VOTE: 9 YES 2 NO – ROLL CALL (JOAKIM AND MUNAFO) A. OLD BUSINESS 2010-013 APPROPRIATION & LOAN ORDER-COMMUNITY PRESERVATION NEW TOWN HALL

Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing 2010-013. VOTE: Unanimous in favor

o Lindsay Counsell said that this was brought forward to the CPC. The building is over 100 years old and the exterior has not received the maintenance it needs. We have to work from the outside in. He explained the funding.

o Mark Ells gave a power point presentation. We have worked on windows, doors and

mechanicals. We have issues and cannot defer. The roof, gutter, drain spouts and brick need to be fixed.

o Michael Teller from the architectural firm of CBI Consulting detailed the work that is to

be done: slate roof replacement, replacement of copper, masonry and windows need to be addressed. He explained the history of the structure and the needs.

o Laura Cronin does not want to see the town use the CPC funds. There is no doubt

that the building needs repair. What would it cost to do normal repair and balance that. Look at not funding it through CPC funding.

Upon motion duly made and seconded it was voted to go out of the public hearing at: 9:26 VOTE: Unanimous in favor

• Councilor Munafo noted that this item that we are discussing is the substitute text in the agenda.

• Councilor Barry asked if we could look at substituting, for instance asphalt roofing instead of slate, then it would leave money in CPC. Director Ells said we can try to provide alternatives.

• Councilor Farnham said that asphalt roof and alternative guttering system would be an

alternative; there are not a lot of options. He asked if Ells could come back with some alternative estimates. Ells said yes, but again it would be a short term fix vs. a long term. It would cost less but have to be replaced more often.

• Councilor Joakim thanked the Com. Preservation Com. She suggested that we

should get together with them again in the near future.

• Councilor Crocker asked about the brick. He was told that there will be full pointing and rebuilding of it and what is behind it. Instead of steel under the brick they will use precast concrete, a true masonry arch or another type of precast element.

• Councilor Munafo said we are looking to spend $3M on the outside of the building,

what about the interior.

• Ells said that no figures have been estimated on the interior. Upon motion duly made and seconded, it was voted to postpone this item to Oct. 1 VOTE: Unanimous in favor 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY

PRESERVATION FUND SET ASIDE FOR OPEN SPACE Upon motion duly made and seconded it was voted to postpone this item to Oct. 1. VOTE: Unanimous in favor. Councilor Canedy respectfully withdrew item 2010-021 – dealing with the bulkhead. 2010-018 REGULATORY AGREEMENT FOR A 132-ROOM HOTEL – HILTON GARDEN INN Attorney John Kenney, who represents Stuart Bornstein gave the overview on the proposed 132 room Hilton Garden Inn. The properties to be developed are located on Iyanough Road. (Former Corcorans). This property is eligible for a regulatory agreement. This agreement will contribute $100,000 cash mitigation: $50,000 landscape improvements on north side of Route 28: $50,000 will be given to the Hyannis Youth and Community Center. The developer will also upgrade the existing 8” water main to a 12” water main from the site to the 16” water transmission main at the corner of Mary Dunn Way and Brooks Road, estimated by the town to cost a minimum of $360,000. There will be new revenue of $250,000 and over the first 20 years it will generate over $6M in tax revenues. It will create 200 plus construction jobs and the developer is committed to hiring local. It will also bring in permanent year-round jobs.

A shuttle bus will be available for individuals to come from the airport and go to the hotel and downtown, etc. There will be site improvement and lush landscaping around the entire area. The hotel has a smaller footprint than what is there. There will only be 1% increase in traffic. The developer will eliminate existing wide-open full access driveways along Route 28. They will have some off-site parking as well. The hotel will be a “green” hotel and the costs for that will be in excess of $1,000,000. Multiple rain gardens and storm water management design, solar panels, wood from organic and managed forests, recycled building materials, white membrane roofing, etc. are part of this. The project has already generated interest by neighboring property owners to invest in the renovation and updating of their properties if this hotel is built. Ralph Biggers is the architect and stated that he designed this structure. He said it needed a strong architectural character. They are using dormers, sloped roofs, bricks, etc. Karen Whitman is the director of development for Hilton Corporation. She explained the Hilton Garden concept. Dan Ojala pointed out that the location is close to the transportation center, the airport, and the green. He showed again that the new structure will take up a smaller footprint than what is currently there. It will greatly improve the looks of the whole area. He reviewed the site plan. He explained the other areas and dimensions that are in question and what relief they are seeking. Randy Hart is a traffic expert who addressed the fact that there will be one right hand turn into the front of the facility. The rest of the traffic will come into the area on Spring Street. There should not be any or minimal traffic volume increases. They reviewed the areas around the rotary, Yarmouth Road and Spring Street and feel the increase will not be noticeable. Anthony Caputo registered fire engineer looked at the water issues and had to study what will be in the building as far as the sprinklers, etc. There is a problem with the existing building. To avoid any future problems in the area, Mr. Bornstein will have the pipe size increased. Upon motion duly made and seconded it was moved to extend the meeting past 11 p.m. VOTE: 5 yes 6 no Upon motion duly made and seconded it was voted to continue this item to Oct. 15, 2009. Vote: Unanimous ADJOURNMENT: Upon motion duly made and seconded it was voted to: adjourn. ADJOURNED: at 11:04 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


October 1, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, October 1, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT John Julius was disgusted with the treatment of Mr. Bornstein and his hotel proposal at the last council meeting. The running of the town has been reprehensible, he stated, including alluding to the possibility of the town of taking the land by eminent domain. He suggested voters come out and vote “No” on October 13th as well as unseat all incumbent councilors. Rob Anderson urged people to come out to vote in the upcoming election. John Alden spoke about reconfiguring how the council is elected by including the option to elect members-at-large. He has served on the Charter Commission. Kate Gulliver urged voters to vote ‘No” on the special question on Oct 13th. The public should get information about it as it is a vote for the entire town. She suggested more publicity, especially on the town’s website. Tina Carey asked Town Manager John Klimm about the $165 M rumor that a new wastewater facility has been permitted, as of 7/1/09, and where it is being built. She suggested voters go to barnstablesewers.com to see what the election is all about. She discussed a “toilet tax” or a nitrogen reduction tax as is charged in several states. She is not in favor of putting in sewers. Al Baker spoke about taking care of the pollution we make. He urges the passage of the October 13th ballot question. COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Canedy believes the nitrogen reduction tax is on the table for discussion. She offered to send some balanced information on the subject matter of the election. Councilor Crocker also has encouraged all to turn out for the election. It is about collecting 100% of the cost and assigning it. He suggested a stand-alone meeting to give the public an opportunity to understand this issue. There is no tax money involved. It is the right of people to pursue sewers in the future. Councilor Joakim, referring to a flyer, said the impression is that all households will be taxed. This only affects the households that will be sewered. On the hotel issue, once the project was withdrawn she felt the council did not have a chance for a continued discussion. It is an opportunity missed. Councilor Farnham would like an unbiased presentation to educate the people on the ramification of the October 13th vote. Canedy would also like the public meeting and workshop televised. Councilor Milne also agreed. Stimulus money is on the line. A presentation of facts will help residents make up their minds. He brought up the activity around the ballot question and wants to be on the record to have a full investigation done as to who are the individuals behind the Vote No movement.

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Lucia Fulco, Assistant Town Clerk, stated that the state law requires transparency. The people who have been spending money for signs, leaflets and now a website, all of which are anonymous, must come forward and file with the Town Clerk’s office as a Ballot Question Committee. Manager Klimm explained how no one can use a public office to influence a ballot question. Doing an educational program is ok but cannot be done by staff. He does not want the town or staff compromised and there can be no use of Channel 8 or the town website. Town Attorney Ruth Weil spoke of how the town staff cannot be advocates. Presenting ‘just the facts’ may be seen as advocacy. Councilor Crocker asked for clarification of the $165M facility. DPW Director Mark Ells said there are no plans for a $165M facility in town. The source of that could be speculation around the discussion of various wastewater issues. The Hyannis wastewater facility has been upgraded to handle the flow from the proposed sewering. The infrastructure at the current plant has already been upgraded.

ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of September 17, 2009. VOTE: Unanimous (Tinsley abstained) COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Munafo requested additional information on the residential exemption process. Jeff Rudziak, Director of Assessing, explained the process for allowing or denying a taxpayer’s request for residential exemptions and other exemptions. All that is needed is the cover page of the income tax form with most things blackened out. The final decision as to whether the taxpayer is qualified is made by the Board of Assessors. Councilor Joakim ask when the applications are due. They have to be submitted ASAP. Councilor Canedy asked how life estate/trust works. A taxpayer would qualify if named in the life estate or has ownership status in the trust. A second notice will go out to the procrastinators. Councilor Milne announced the upcoming meeting of the Cape & Islands Selectmen and Council which will address wastewater. ORDERS OF THE DAY OLD BUSINESS 2010-013 APPROPRIATION & LOAN ORDER COMMUNITY PRESERVATION NEW TOWN HALL Manager Klimm introduced the historic consultant, Michael Teller and his staff as well as DPW Director Mark Ells. Both the proposal and a less costly option will be reviewed. Ells added that Finance Director Mark Milne and Lindsey Counsell, CPC Chairman will discuss financing. Councilor Canedy wanted to know the cost differences between the slate and other roofing. Michael Teller gave a PowerPoint presentation (See Exhibit A – report also attached Exhibit A-2). Synopsis of discussion:

• Windows: Vinyl windows are not an option for this size. Current windows date back to the 1970s with some replacements about 10 years ago. It is possible to update the windows at a future time. Recent expenditures from the CPC for windows were just for repairs of existing windows. There are several manufacturers: Tella, Marvin and Anderson. All windows will be custom made and can be ready in 4 weeks. Teller pointed out that the scaffolding alone cost $100,000 so it would be more cost effective to do all the work once the scaffolding is up.

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• Roof & Gutters: The Historic Commission agrees with the use of slate. The difference between

slate and asphalt is about $400,000. In order to reduce the burden on the historic funds, it was suggested that the cost of the basic asphalt roof come from other funding and the CPC funding be used to pay the amount of the difference between the slate and the asphalt. If the town were to add solar panels, the slate would not be visible. Solar panels could be put on the flat portion of the roof, not be visible and not hide the slate; however, the historic groups would need to be consulted. If in the back of the building, solar panels would probably not be a problem. Fifty percent of the wood behind the gutters would require replacement and has been included in the estimate. Hangers for gutters would be brass bars; they are currently steel and are rusting. The building has no snow guards and that has been included. Such projects generally leave the salvage value of materials replaced up to the contractor and this will affect the price. Asphalt shingles have a lifetime warrantee for residential applications, but for this use, they would be heavy weight to resist high wind. These will have a life span up to 40 years.

• Funding: The town manager explained that he has been looking for alternative funding, and did

receive a $200,000 grant for the project. The CPC wanted to spend funds for the exterior of the building, and did so by unanimous vote. No other funds are available without backing out of other commitments. The Finance Director, Mark Milne, explained that $430,000 will come from the Historic Preservation Fund balance; $1.3M from the Undesignated Fund balance and the balance of $1.3M will be borrowed for 20 years. The energy efficiency of the new windows will payback the cost. The plan makes sense: it leaves some CPA funds and uses reasonable bonding. Councilor Canedy is especially concerned about the ability to stretch the CPA dollars to rehabilitate other historic buildings. Counsell added that the committee will allocate other CPC funds as they become available. Director Milne estimated that the match from the state will be about 30% of what was collected in taxes. He intends to pool several long term borrowing financings into a larger issue to obtain a better interest rate.

Councilor Barry doesn’t like using CPC funds for an actively used building. He worries about the potential liability. He agrees that the CPC funds are being used to take care of needs that should be coming from general funds. Councilor Barton supports this item saying the fact that it is a working and historic building makes it more meaningful to repair. Councilor Rugo is also supportive. It is a valuable jewel, a worthy expenditure and a positive force for economic development. Councilor Joakim supports this and said the committee wrestled with the funding options to come up with the options as presented. Councilor Milne asked about the cost to bring the entire building back. Counsell said no number was available. The CPC wants to get the outside done and will consider the inside when it can. Milne would like an overall plan for the public buildings in the town. The best thing was to get rid of the rink and replace it with a state of the art facility. He would prefer to get rid of the town hall building with a rider to a new owner requiring that the building’s historic nature remain intact. A motion was made and seconded to move the question. The motion was withdrawn to allow the following motion. Councilor Crocker made a motion which was seconded to use the text of Item 2010-013 as it appears in the agenda of October 1, 2009. VOTE: Unanimous A motion was made and seconded to move the question. VOTE: Unanimous As it appears on the October 1, 2009 agenda: 2010-013 APPROPRIATION & LOAN ORDER COMMUNITY PRESERVATION NEW TOWN HALL

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Upon a motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G.L. c. 44B, the sum of Three Million Ninety Four Thousand Eight Hundred and Eleven and No/100 ($3,094,811) Dollars be appropriated for the repairs to the exterior of the New Town Hall facility; and to meet this appropriation that the sum of Four Hundred Twenty Nine Thousand Seven Hundred and Seventy One dollars ($429,771) be transferred from the reserve set aside for Historic Preservation in the Community Preservation Fund; and that One Million Three Hundred and Thirty Two Thousand Five Hundred and Twenty dollars ($1,332,520) be transferred from the undesignated fund balance of the Community Preservation Fund; and that the Town Treasurer, with the approval of the Town Manager, is authorized to issue bonds and notes amounting to One Million Three Hundred and Thirty Two Thousand Five Hundred and Twenty dollars ($1,332,520) under CH44B or any other enabling authority; and that the Growth Management Department is authorized to contract for and expend the total amount appropriated with the prior approval of the Town Manager, subject to oversight of the project expenses by the Community Preservation Committee for roof, brick, window, exterior door and other exterior repairs and replacements for the preservation and rehabilitation of the historic resource consisting of the New Town Hall of the Town of Barnstable with an address of 367 Main Street, Hyannis, MA., located on Map/Parcel 326/021. VOTE: 11 Yes, 1 No (Milne) (Roll call) 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET-ASIDE FOR OPEN SPACE Upon a motion duly made and seconded this item was postponed to the meeting of October 15, 2009. VOTE: No objections Recess 9:35 PM – 9:40 PM Councilors Crocker and Farnham recused themselves from participating in the discussion or vote on this item. 2010-019 REGULATORY AGREEMENT BETWEEN THE TOWN OF BARNSTABLE & 46 NORTH STREET, LLC David Lawler, Attorney for 46 North Street, LLC, gave the rationale. He spoke about the property and the nature of the relief needed for the medical and or dental use. He showed renderings of the proposed new structure. No neighbors were concerned about the proposed use. Neighbors were concerned that the building at the rear of the lot, which is nearest to neighbors, would be residential. It will not. The owner is enhancing the back of the smaller building so neighbors will have a pleasant view. It is a win for the economic development of the area since the employees of the medical offices will be spending money on Main Street. It is a worst to first scenario. Councilor Barton asked if it will be all medical/dental. Probably 60% will be, but that might change. Councilor Barry feels it looks like a great project. Councilor Joakim has heard no opposition from the neighborhood. Councilor Tinsley, who lives in that neighborhood, is strongly in favor. It would be an amazing addition to North Street and has the full support of the neighborhood. Councilor Canedy supports this. They are only asking for a change of use; they have worked with the town and reached out to neighbors. Councilor Munafo “loves Chad Dow’s work”. Councilor Milne asked why they did not go before the ZBA. Attorney Weil said the Special Permit Granting Authority in this case is the Planning Board not ZBA. The ZBA’s use variance has a high threshold. The Planning Board was unanimously in favor. The project is a traffic generator. Recess 10:01 PM to 10:05 PM Councilor Barton made a motion to move the question which was seconded. VOTE: 10 Yes

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2010-019 REGULATORY AGREEMENT BETWEEN THE TOWN OF BARNSTABLE & 46 NORTH STREET, LLC Upon a motion duly made and seconded it was ORDERED: That the Town Manager is authorized pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable, to enter into and execute a Regulatory Agreement between the Town of Barnstable and 46 North Street, LLC, Developer, for the property shown on Barnstable Assessor’s Map 309, Parcel 195 and located within the Office and Multifamily (OM) zoning district and the Downtown Hyannis Growth Incentive Zone, including but not limited to the following: permitting the redevelopment of the existing building known as the “Verizon Building” and the development of a new 5600 SF building at the rear of the property at 46 North Street, Hyannis; and hereby granting a waiver from the provisions of the Barnstable Ordinances Section 240-24.1.6 as follows: adding the principal use medical and dental offices in addition to the allowed by-right and conditional uses in the OM with the exception of packaging and delivery services for both buildings and, in the newly constructed building to the rear of the property, residential uses.

46 North Street, LLC 46 North Street, Hyannis

This regulatory agreement (“Agreement”) is entered by and between the applicant, 46 North Street, LLC, (“Applicant” and “Developer”) and the Town of Barnstable (“Town”), a municipal corporation, on this___day of____, 2009 pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Section 168 of the Barnstable Code; WITNESS: WHEREAS, the Applicant under this Agreement will contribute public capital facilities to serve the proposed development and the municipality or both; WHEREAS, this Agreement shall establish permitted uses, densities, traffic, parking and stormwater management and building and site design within the Development, duration of the agreement, and any other terms or conditions mutually agreed upon between the Applicant and the Town. WHEREAS, this Agreement shall vest land use development rights in the property for the duration of the Agreement, and such rights shall not be subject to subsequent changes in local development ordinances, with the exception of changes necessary to protect the public health, safety or welfare. WHEREAS, the Town is authorized to enter into this Agreement pursuant to Chapters 168 and 240 of the Barnstable Code; WHEREAS, the Applicant is the legal owner of the property (“Property”) at 46 North Street, Hyannis, consisting of approximately 101,733 +/- SF, shown on Barnstable Assessor’s Map 309 as Parcel 195, title to which is recorded in Barnstable County Registry of Deeds Certificate 50140, Book 1493, Page 614, Plan reference: LC 14306-B, Book 72/143 and desires to develop the Property pursuant to a Regulatory Agreement; WHEREAS, the Applicant is willing to commit to development of the project in substantial accordance with this Agreement and desires to have a reasonable amount of flexibility to carry out the Development and therefore considers this Agreement to be in its best interests; and WHEREAS, the Town and Applicant desire to set forth in this Agreement their respective understandings and agreements with regard to development of the Property; WHEREAS, the Development will not require regulatory review under the Massachusetts Environmental Policy Act (MEPA) or the Cape Cod Commission Act; WHEREAS, the Applicant has made application to the Town pursuant to Section 168 of the Barnstable Code;

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WHEREAS, the Development is located in the Hyannis Growth Incentive Zone (“Hyannis GIZ”) as approved by the Cape Cod Commission by decision dated April 6, 2006, as authorized by Barnstable County Ordinance 2005-13, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application; WHEREAS, the Development is not subject to review by the Cape Cod Commission as a Development of Regional Impact due to its location in the GIZ and due to the adoption of Barnstable County Ordinance 2006-06 establishing a cumulative development threshold within the GIZ, under which this development may proceed and the Applicant has submitted a Jurisdictional Determination to the Town of Barnstable Building Department to confirm the same; WHEREAS, the Applicant has undergone informal site plan review on June 9, 2008; WHEREAS, the Development is serviced by municipal sewer and does not impact resources protected by the Barnstable Conservation Commission; WHEREAS, the Development is serviced by the Hyannis Water Department and does not adversely affect water delivery infrastructure; WHEREAS, the Development has sufficient fire flows to service the intended use without adversely affecting the Hyannis Fire District ISO rating; WHEREAS, the Development has access to sewage capacity to service the intended use without adversely affecting the Water Pollution Control Facility and associated infrastructure; WHEREAS, Hyannis Fire Department records indicate that an underground oil tank was filled in near the Washington Street access to the east of the property. These records also indicate that an important 8 trunk fiber optic conduit is supported by this filled structure. WHEREAS, the existing building is only partially sprinkled; WHEREAS, existing parking requirements, yard setbacks, lot area and lot coverage are lawfully established by/through this agreement and the Zoning Ordinance that existing number of parking spaces satisfy requirements for the proposed development; WHEREAS, the Development currently has sufficient parking and access to accommodate proposed uses and structures; WHEREAS, existing conditions -utilities, vegetation and a pole – may obstruct driveway access from North Street; WHEREAS, streetscape conditions on North Street abutting this property are in need of landscaping and lighting improvements; WHEREAS, the dumpster location as shown on the plan will serve the proposed development and will not impact abutting residential properties; WHEREAS, a vegetative buffer and fence is shown on the plans lying northerly of the “Proposed Building” separating the property owned by 46 North Street, LLC and the properties shown on Louis Street; WHEREAS, the Applicant will require zoning relief from the use regulation schedule in the OM zoning district, more specifically referred to in Paragraph 20, below; WHEREAS, the Applicant has undergone at least two public hearings on the Agreement application and received a majority vote from the Planning Board recommending that the application be forwarded to Town Council for their action on July 27, 2009; WHEREAS, the Applicant has undergone a public meeting on the Agreement application before the Town Council and received a 2/3rds vote approving the application on ________________, 2009;

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NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, the Applicant and the Town do enter into this Agreement, and hereby agree and covenant as follows; 1. The Developer agrees to construct and maintain the Project in accordance with the plans and

specifications submitted to and approved by the Town, listed as follows and made part of this Agreement by reference:

2. Plans entitled

a) “Commercial Redevelopment, 46 North Street in Barnstable, MA, Site Plan Sheet 1 of 1 dated June 19, 2009 as revised through August 8, 2009”;

b) “Commercial Redevelopment, 46 North Street in Barnstable, MA, Landscape Plan Sheet 1 of 1 dated June 19, 2009”;

c) “Commercial Redevelopment, 46 North Street in Barnstable, MA, Lighting Plan” Elevation drawings entitled “46 North Street, North Street Elevation and Parking Lot Elevation” and “46 North Street New Building Front Elevation and Back Elevation” both dated June 18, 2009 by Jefferson Group Architects and Judd Brown Designs.

and attached to this agreement and such other plans and plan revisions as may be required by the terms and conditions of this Agreement.

3. The Developer agrees to renovate the existing +/- 26,000 SF building and add a second +/- 5600 SF

structure and develop the Property as medical and dental offices or other use as allowed in the OM district with the exception of packaging and delivery services and, in the newly constructed building to the rear of the property, residential uses;

4. The Developer agrees to fully sprinkle the existing building. 5. The Developer agrees to renovate existing parking area in accordance with the Design and

Infrastructure Plan as shown on the plan entitled “Commercial Redevelopment, 46 North Street in Barnstable, MA, Site Plan Sheet 1 of 1 dated June 19, 2009 as revised through August 8, 2009”

6. The Developer agrees to provide a status report to the Building Commissioner, prior to the

commencement of any site work, of the aforementioned conduit and take any actions deemed appropriate or necessary by the Building Commissioner.

7. The Developer agrees to construct driveway access on Washington Street and install signage to prevent

left turning movements into and out of the site as shown on the plan entitled “Commercial Redevelopment, 46 North Street in Barnstable, MA, Site Plan Sheet 1 of 1 dated June 19, 2009 as revised through August 8, 2009”.

8. The Developer shall construct a Passive Stormwater Maintenance and Infiltration System to service

the Development stormwater. 9. The Developer will provide a bicycle rack at the Property. 10. The Developer shall construct architectural improvements as shown on the elevation drawings entitled

“46 North Street, North Street Elevation and Parking Lot Elevation” and “46 North Street New Building Front Elevation and Back Elevation” both dated June 18, 2009 by Jefferson Group Architects and Judd Brown Designs.

11. The Developer shall install lighting and landscaping improvements along the Property frontage and on

North Street as shown on the plan entitled” “Commercial Redevelopment, 46 North Street in Barnstable, MA, Landscape Plan Sheet 1 of 1 dated June 19, 2009”. Any and all lighting for the development including site and structure lighting shall not cast glare off site, shall be down cast, shall use fully cut off fixtures and shall not contribute to light pollution of the area.

12. The Developer shall install street lighting on North Street. Spacing, photometric, location and

construction details to be finally approved by the Growth Management Department during the shop

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drawing submittal phase but shall generally be as follows; a minimum of one (1) free standing 30 foot tall Pulse Start Metal Halide Renaissance Style Lighting Assemblies along the front of the property on North Street.

13. The Developer shall install and maintain the aforementioned vegetative buffer and fence separating

the property owned by 46 North Street and the Louis Street properties as shown on the plan. 14. Developer and its successor(s) shall maintain all landscaping and drainage facilities for the period for

which the development rights granted hereunder continue to be exercised.

15. Upon completion of all work, a registered engineer or land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan (Barnstable Code Section 240-104(G). This document shall be submitted before the issuance of the final certificate of occupancy.

16. Developer shall permit or cause its approved operator to permit the inspection of the premises by town

staff, including but not limited to health, building and fire safety personnel. 17. All landscaping within the Development shall be low water use and shall minimize the use of

fertilizers and pesticides in keeping with the Design and Infrastructure Plan. 18. All plumbing fixtures shall be low water use fixtures and other water conservation measures are

encouraged in the design and development of the project. 19. The utility pole at the North Street entrance shall be removed and those utilities shall be placed underground. 20. Construction and demolition debris from the Development shall be removed and reused or recycled to

the maximum extent possible. 21. Developer is responsible for obtaining all applicable permits and licenses, including but not limited to

the following: foundation permit, building permit, street excavation permit (necessary for work in all public spaces) sewer permits and water permits.

22. Exterior construction impacts shall be minimized and construction shall be limited to the hours of 7:00

a.m. to 6:00 p.m. weekdays, and 8:30 a.m. to 2:00 p.m. Saturdays. No exterior construction shall occur on Sundays. The Building Commissioner shall establish protocols to minimize the location of staging, noise, dust, and vibration.

23. To the extent that the referenced plans do not depict all of the findings and conditions as set forth in

this Agreement, revised plans and/or notations shall be provided. In addition to permits, plans and approvals listed above, any and all permits and licenses required shall be obtained.

24. Town hereby grants a waiver from the following zoning restrictions: principal use medical and dental

offices in addition to the allowed by-right and conditional uses in the OM with the exception of packaging and delivery services and residential uses in the newly constructed building to the rear of the property, Section 240-24.XXX of the Barnstable Code

25. The Developer shall submit revised plans which address the comments submitted by the June 9, 2009

staff Site Plan Review, to the extent applicable, which plans shall be reviewed and approved administratively by the Building Commissioner.

26. The development rights granted hereunder shall be exercised and development permits may be

obtained hereunder for a period of two (2) years from the effective date of the Agreement, provided, however, that prior to the expiration of said one year period the Applicant may request one six month extension to obtain development permits. Upon receipt of necessary development permits, construction shall proceed continuously and expeditiously, but in no case shall construction exceed 2 years from receipt of necessary development permits. The Applicant estimates that construction will commence on or about _____________ and will be completed on or about ____________________.

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IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day and year first above written. Dated this _________ day of _______________, 2009. _________________________________ _________________________________ Town of Barnstable Developer By: By: VOTE: 10 Yes (Roll Call) (Crocker, Farnham recused) 2010-022 CONTINGENT APPROPRIATION ORDER - REPLACEMENT OF THE BARNSTABLE MARINA BULKHEAD Upon a motion duly made and seconded this item was withdrawn by Councilor Canedy. VOTE: No objection Councilor Tobey recused himself from participating in the discussion or vote on the following item. 2010-023 APPROPRIATION AND TRANSFER ORDER $25,000.00 CAPITAL TRUST FUND 296 NORTH STREET HYANNIS (ZION MUSEUM) Councilor Crocker gave the rationale. (See Exhibit B for views of deterioration.) The town owns the building and it has received several hundred thousand dollars of renovations. Upon a motion duly made and seconded a public hearing was opened at 10:10 PM VOTE: Unanimous John Reed, Vice President of the Zion Museum, said they have been putting every dime earned back into the building. They have no endowment fund and it is imperative that something be done to help out. He asked for this support. Mark Ells said his staff received quotes to support these repairs. The roof is at the end of its life and is leaking. All repairs are included in the cost. Deborah Converse, President and CEO of the Hyannis Area Chamber of Commerce, said bus tours to the site are increasing in number. It provides a heritage and brings an asset to the town along with the other museums. John Norman suggested that an inspection should have been done prior to the town purchasing it. Upon a motion duly made and seconded the public hearing was closed at 10:15 PM. VOTE: Unanimous Councilor Joakim made the following amendments: add “up to” before “twenty-five thousand”; and delete “the lessee Zion Union Heritage Museums, Inc.” and replace it with “the Town Manager.” VOTE: Unanimous Councilor Canedy asked if there was a survey done and did it address the roof. Also, was there a $250,000 endowment from the Lorusso Foundation and what happened to it? John Reed said the money was used for internal construction: modernization, a lift, etc. The roof is important to protecting the artifacts inside which need to be preserved. With respect to a structural survey, Counsell said the structure was reviewed by the Building Department and deemed viable and sound. Councilor Crocker feels this is something important to the town. The town owns it and will have to suck it up and spend the money. Councilor Farnham feels the town could get an annual report on the happenings at the museum. He suggested Mr. Tobey, who is retiring, could be given the task of making that report.

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A motion was duly made and seconded to move the question. VOTE: Unanimous As amended 2010-023 APPROPRIATION AND TRANSFER ORDER $25,000.00 CAPITAL TRUST FUND 296 NORTH STREET HYANNIS (ZION MUSEUM) Upon a motion duly made and seconded it was ORDERED: That the sum of Twenty-five thousand and NO/100 ($25,000.00) Dollars be appropriated for roof repairs and replacements on the buildings having a street address of 296 North Street, Hyannis shown on Assessors Map 308 as Parcel 029 and leased by the Town to the Zion Heritage Museum, Inc. for the Zion Museum; that to meet this appropriation the sum of up to Twenty-five thousand and NO/100 ($25,000.00) Dollars be transferred from available funds within the Town’s Capital Trust Fund; that the Town Manager be authorized to contract for and expend the total amount appropriated and that Town Manager, after compliance with all applicable laws; is authorized to accept any gifts or grants in relation thereto, subject to the approval of the Town Council. VOTE: 11 Yes (Roll Call) (Tobey recused) 2010-030 APPROPRIATION & TRANSFER ORDER OF PROCEEDS FROM SALE OF SURPLUS EQUIPMENT TOWARDS CONSTRUCTION OF HYANNIS YOUTH & COMMUNITY CENTER Lynne Poyant gave the rationale. Upon a motion duly made and seconded a public hearing was opened at 10:37 PM VOTE: Unanimous Upon a motion duly made and seconded the public hearing was closed at 10:37 PM. VOTE: no objection A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-030 APPROPRIATION & TRANSFER ORDER OF PROCEEDS FROM SALE OF SURPLUS EQUIPMENT TOWARDS CONSTRUCTION OF HYANNIS YOUTH & COMMUNITY CENTER ORDERED: That the Barnstable Town Council hereby appropriate $31,831 for the purpose of the construction of the Hyannis Youth and Community Center and to meet this appropriation that the sum of $31,831 be transferred from the General Fund municipal savings account. VOTE: 12 Yes (Roll Call) NEW BUSINESS 2010-033 ACCEPTANCE OF A BARNSTABLE COUNTY LAND MANAGEMENT GRANT Upon a motion duly made and seconded it was RESOLVED, that the Town Council does hereby accept the Barnstable County Land Management Grant Program Award in the amount of $2,000.00. Manager Klimm gave the rationale. A motion was duly made and seconded to move the question. VOTE: Unanimous On Item 2010-033 VOTE: 11 Yes, 1 No (Farnham)

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Councilor Joakim left the hall. 2010-034 CHANGE PRECINCT POLLING LOCATIONS A motion was duly made and seconded to suspend the first reading and vote on this item this evening. VOTE: Unanimous Councilor Milne asked about the impact of three precincts in the Community Center gymnasium. Fulco said that she and the town clerk visited the location with Recreation Director, David Curley, and the three precincts will be accommodated very nicely. Lynne Poyant concurred. Milne also asked why the town would incur additional expense for renting private space – church halls and private schools – instead of using town schools. Fulco said the Clerk’s office has not paid any rental fees; to date the office has only reimbursed any additional cost to the facility for extra custodial help on Election Day. Councilor Barton pointed out that the elections were moved out of most schools for child safety and security reasons. A motion was made and seconded to move the question. VOTE: Unanimous 2010-034 CHANGE PRECINCT POLLING LOCATIONS Upon a motion duly made and seconded it was RESOLVED, that the Town Council confirm the polling location changes for the October 13, November 3 and December 8, 2009 elections to be as follows: Precinct 1 Barnstable-West Barnstable Elementary School, Route 6A, Barnstable Precinct 2: Community Center at St. George’s Greek Orthodox Church, Route 28, Centerville Precinct 3: Senior Center, 825 Falmouth Rd., Hyannis **Precinct 4: TEMPORARILY at the Community Center at St. George’s Greek Orthodox Church, Route 28, Centerville Precinct 5: Cape Cod Academy, 50 Osterville-West Barnstable Rd., Osterville Precinct 6: Gym of Christ Chapel, 2C Oak St., Centerville Precinct 7: Freedom Hall, Main Street, Cotuit Precinct 8: Hyannis Youth & Community Center/Rink, Bassett Lane, Hyannis Precinct 9: Town Hall, 367 Main St., 2nd Fl. hearing room, Hyannis Precinct 10: Horace Mann Charter School, 730 Osterville-West Barnstable Road, Marstons Mills Precinct 11: West Barnstable Community Building, Meetinghouse Way, West Barnstable Precinct 12: Horace Mann Charter School, 730 Osterville-West Barnstable Road, Marstons Mills Precinct 13: Town Hall, 367 Main St., 2nd Fl. hearing room, Hyannis AND, the Town Council confirms the polling location changes for the January 19, 2010 elections and thereafter to be: Precinct 1 Barnstable-West Barnstable Elementary School, Route 6A, Barnstable Precinct 2: Community Center at St. George’s Greek Orthodox Church, Route 28, Centerville Precinct 3: Senior Center, 825 Falmouth Rd., Hyannis Precinct 4: Our Lady of Victory Church Hall, South Main St., Centerville Precinct 5: Cape Cod Academy, 50 Osterville-West Barnstable Rd., Osterville Precinct 6: Gym of Christ Chapel, 2C Oak St., Centerville Precinct 7: Freedom Hall, Main Street, Cotuit Precinct 8: Hyannis Youth and Community Center/Rink, Bassett Lane, Hyannis Precinct 9: Hyannis Youth and Community Center/Rink, Bassett Lane, Hyannis Precinct 10: Horace Mann Charter School, 730 Osterville-West Barnstable Road, Marstons Mills Precinct 11: West Barnstable Community Building, Meetinghouse Way, West Barnstable Precinct 12: Horace Mann Charter School, 730 Osterville-West Barnstable Road, Marstons Mills Precinct 13: Hyannis Youth and Community Center/Rink, Bassett Lane, Hyannis VOTE: Unanimous 2010-035 EXTEND THE EXPIRATION OF THE RECREATIONAL SHELLFISH AREA & SHELLFISH RELAY OVERLAY DISTRICT Upon a motion duly made and seconded this item was referred to a joint public hearing with the Planning Board on October 15, 2009.

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VOTE: Unanimous Councilor Munafo was not present for discussion and votes on Items 2010-036 and 2010-037. 2010-036 ACCEPTANCE OF $7,000 GRANT FROM U.S. DEPT. OF JUSTICE Upon a motion duly made and seconded it was RESOLVED, that the Barnstable Town Council does hereby accept fiscal year 2009 Bulletproof Vest Partnership Grant from the United States Department of Justice, Office of Justice Programs in the amount of $7,300.00. Chief McDonald gave the rationale A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-036 VOTE: Unanimous 2010-037 ACCEPTANCE OF $98,919 GRANT FROM THE U.S. DEPT. OF JUSTICE Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council does hereby accept fiscal year 2009 Edward Byrne Memorial Justice Assistance Grant: Local Solicitation from the United States Department of Justice in the amount of $98,919.00. Chief McDonald gave the rationale A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-037 VOTE: Unanimous Councilor Munafo returned. TOWN MANAGER COMMUNICATIONS Manager Klimm distributed the final report summarizing activities of the Pioneer Institute Public Policy Research. (See Exhibit C) The report discussed the evolution of Barnstable’s successful school-based management approach to education. President Chirigotis congratulated the Police Department and School Department for participating in the 16 solid hours of training by the Department of Mental Health. A motion was made and seconded to enter into executive session at 10:52 PM for the purpose of discussing contract negotiations with non-union personnel and not to return to public session thereafter. VOTE: 11 Yes (Roll Call) Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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October 15, 2009

quorum being duly present, Council President Frederick Chirigotis called the October 15, 2009 meeting to order at 7:00 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA A

PRESENT: Richard Barry, Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., Thomas Rugo, James Tinsley, Jr., Harold Tobey The Pledge of Allegiance was led by President Chirigotis, followed by a Moment of Silence. Councilor Janice Barton read a proclamation regarding Peace Week. She thanked students, individuals, newspapers etc. for all their efforts as well as various committees that have worked hard on the issues of diversity, awareness and violence prevention. PUBLIC COMMENT:

Tina Carey from Centerville said that on behalf of the barnstablesewers.com people, she said that they appreciate the voters, and are humbled by the support.

Rob Anderson said government belongs to those who show up. He hoped that the

council will recognize the fact that the majority of voters did not agree with the council. He has an alternative to the existing program and would like an opportunity to share it.

Oliver Cippollini said this season reminds him of Salem. You have to look at good

things that are done by councilors throughout the years. Go to your calendar and mark Nov. 3rd as the Election.

Eugene Dumdey asked if all councilors received a copy of the State Constitution.

How can you write a law if you have never read the book. He read from various sections of the constitution. He said the council is accountable to the people.

Al Baker will be voting absentee on the November ballot. He said there are good

things in the proposed charter. If it does not pass take those items through the legislative process. He will miss Harold Tobey and feels the candidate for that seat will do a great job (Deborah Dagwan). Baker noted a recent handout was not good. As far as recall, no matter what you vote you won’t please them all all the time. Recall should not be used.

Robert Tucker talked about businesses going out of business. We need to love each

other and help each other.

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Alan Heidenfelter came because of interest in the schools. He noted his mother is on a fixed income and the betterment she has to pay. As far as the vote on the 13th it appears that the Town Clerk recommended Nov. 3 as a date for the vote. $30,000 would have been saved. He said schools were disrupted. It bothers him. If it were up to him he would assess the councilors. You were trying to take away a level playing field.

COUNCIL RESPONSE –

o Councilor Munafo received a copy of the State Constitution – he has touched it and read it.

o Councilor Tobey explained the public comment timing.

o Councilor Farnham addressed the communication from John Julius to Robert

Anderson – regarding Julius’ nasty comments. Farnham had nothing to do with a prior note referenced. Farnham said the language Julius used is not good and it is not easy to communicate with someone who speaks in that manner. He (Julius) regularly threatens litigation and therefore we do not wish to respond to him.

o Councilor Crocker said he copied the email on yellow paper. The man who wrote it

should be embarrassed. We are all tired of this. We are trying to do the best we can to solve neighborhood problems. Mr. Heidenfelter is upset because of the elections – we all participated in many hours of discussion on the sewer. Money is money. We are trying to do the best. The clerk needed seven weeks to put the election together. The council would have preferred to have it in September.

o Councilor Joakim said we needed to get the vote done because we could have lost

some stimulus funds. She is not comfortable with assessing betterments. We put a lot of ourselves into these votes. We are told if we don’t vote a certain way we will be recalled. She went through it and it was not good. This is running government by intimidation.

o Councilor Milne said with rights come responsibility. This country is not built on a

foundation of vitriolic attack and threatening dangerous behavior. He has been threatened. He took his hat off to Councilor Joakim who has been through it. If people are upset on 100% betterment, he explained there is betterment but not 100%. Nothing I have voted was for me. This entire body is being assaulted.

o Councilor Barton said interestingly we started out with No Place for Hate and Peace

Week. She sees people who volunteer and give their time to make this town a better place.

Brief recess taken prior to workshop. Joint workshop with the School Committee

• Town Manager John C. Klimm said that this has been a difficult year on the budget. We are starting the budget process earlier. We asked the Chair of the School Committee and Council President to begin the budget process

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discussion. We are going to get a financial update and will need to keep the dialogue open and ongoing.

• Klimm asked to have budgetary and financial issues at the forefront with

time given at each meeting for discussion. He thanked the department heads and Superintendent and others for the open communication.

• Financial Director Mark Milne gave a Powerpoint overview of “The Great

Recession” and the effect of State shortfalls on the local budget. He noted declining evaluations, job shortages, tourism down and other issues regarding the status of our community.

• Milne illustrated the revenue components, and property taxes. New growth

has consistently declined. Excise taxes have increased over the years, but in 2009 it has dropped. More information on the excise bills will be forthcoming the beginning of 2010. Local Aid has dropped ($1.2M deficit) from the State and we are assuming that 2010 and 2011 will also drop. His overview included investments, fixed costs, and compared revenue vs costs. He reviewed the savings accounts and potential draws. He also reviewed the reserves and the prudent management of these reserves.

• Manager Klimm said we will be watching the State and the taxes for possible

further adjustments.

• Councilor Barry asked why we can give raises in this time. Klimm said he can’t discuss contract negotiations in open session.

• Councilor Crocker asked about the pension trust reserves – is the state

looking at these.

• Milne said there might be a higher assessment, but the amortization period would have to be stretched out. Milne said town meeting created it and it was good. The county system transferred their monies to the State.

• Councilor Rugo asked about possible layoffs – Milne said it would be about

60. It is hopefully a high number.

• Debra Dagwan asked about uncollectible receivables. Finance Director Milne said they are like personal property taxes, if they go out of business, many times they can’t be collected.

• Klimm said meetings were held with all of the unions. Employees

understand the problems.

• He publicly thanked all.

• President Chirigotis does want financial updates on a regular basis.

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Brief recess taken. A. OLD BUSINESS2010-16 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET ASIDE FOR OPEN SPACE President Chirigotis announced that 2010-016 would be postponed until one of the meetings in November. 2010-035 EXTENDING THE TIME THAT THE TEMPORARY RECREATIONAL SHELLFISH AREA AND SHELLFISH RELAY OVERLAY DISTRICT SHALL REMAIN IN EFFECT UNTIL MAY 3, 2010 Upon motion duly made and seconded it was voted by the Town Council to go in to a joint public hearing with the Planning Board. VOTE: Unanimous in favor Upon motion duly made and seconded it was voted by the Planning Board to go in to a joint public hearing with the Town Council. VOTE: Unanimous in favor Joanne Buntich said the town proposed the moratorium – they want to extend the time to allow for more work on this by the Coastal Resources Management Committee. Robert Jones, Chair of the committee, said they have no problem recommending the extension. He would like to have a workshop on this in the future to go over the whole document. Upon motion duly made and seconded, it was voted by both the Town Council and the Planning Board to close the public hearing. VOTE: BY TOWN COUNCIL VOTE: BY PLANNING BOARD Unanimous vote to close by both Council and Board. On motion duly made and seconded the Planning Board recommended approval of the extension. VOTE: Unanimous in favor A motion was made and seconded to move the question VOTE: 11 Yes 1 No (Munafo) Upon motion duly made and seconded it was ORDERED that: The period of time that the Temporary Recreational Shellfish Area and Shellfish Relay Area Overlay District established under Section 240-37.1 of the Code of the Town of Barnstable shall remain in effect is hereby extended until May 3, 2010. VOTE: Roll Call – 2/3’rd required – 11 Yes 1 No (Munafo)

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COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Crocker worked on the committee to replace the Trustee for Enoch Cobb Trust. He thanked all involved. They feel the loss of Trustee, David Cole, and looked at his qualities to set a course. There is a late file to appoint a replacement. He thanked Debra Blanchette for her service as trustee. 2010-043 – APPOINTMENT OF SUCCESSOR TRUSTEE & AGENT UNDER WILL OF ENOCH COBB Upon motion duly made and seconded that RESOLVED: That the Town Council does hereby appoint Steven G. Heslinga to serve as Trustee and Agent under the will of Enoch T. Cobb thereby replacing the Town Treasurer, Debra Blanchette, who had graciously volunteered to serve in that role until a successor Trustee and Agent was chosen. VOTE: Unanimous in favor Councilor Munafo also thanked Ms. Blanchette for her help and service. President Chirigotis concurred. ACT ON MINUTES Upon motion duly made and seconded it was voted to accept the minutes of October 1, 2009 with the following corrections: Page 2 should read Channel 18 (not 8) and still on page two the name in the middle of the page should be the Cape Cod Selectmen and Councilors Association. VOTE: Unanimous in favor B. NEW BUSINESS 2010-038 GRANT ACCEPTANCE - $2,600 FOR PHASE II SEEDING OF CONSERVATION LAND Town Manager Klimm gave the rationale as written in the agenda. A motion was made and seconded to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a Barnstable County Land Management Grant in the amount of $2,600 to seed two acres of Conservation property, known as Bridge Creek Conservation Area, located behind the West Barnstable Fire Station. VOTE: Unanimous in favor 2010-039 ORDER TO REDUCE THE FY10 OPERATING BUDGET Finance Director Mark Milne gave the rationale and explained that the final cherry sheets had not been prepared when we approved our budget.

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Upon motion duly made and seconded it was ORDERED: That the Town’s FY 2010 Other Requirements budget approved under council order 2009-124 be reduced by $290,328 for a new total of $27,606,386. VOTE: Unanimous in favor 2010-040 SUBSTITUTE RESOLVE TO APPROVE CONTRACT FOR POLICE CHIEF Councilor Canedy said the substitute resolve just clarified the language and did not change anything. Manager Klimm said on Thanksgiving of 2006, Chief MacDonald took over and in August 2007 became permanent. He received regular evaluations, and has exercised great leadership and direction. Klimm explained how Chief MacDonald is not in civil service. A motion was made and seconded to move the question. VOTE: Unanimous in favor. Upon motion duly made and seconded it was RESOLVED, that the Town Council approves the contract with Police Chief Paul MacDonald from October 1, 2009 until October 1, 2012, at the request of the Town Manager. VOTE: Unanimous in favor They congratulated and thanked the Chief. Chief MacDonald thanked the council and Manager for their confidence and is honored to be the Chief. 2010-041 TRANSFER ORDER FOR THE BARNSTABLE HIGH SCHOOL FIELD HOUSE President Chirigotis suggested that this be continued. Councilor Milne asked if it was an emergency if it should be put off or passed. Finance Director Milne explained arbitrage and how it works. Councilor Canedy would like a running account of projects that come in under budget and where the leftover money is spent or transferred to. Councilor Farnham concurred. President Chirigotis opened a public hearing and closed it with no comments. Councilor Canedy asked if it is legal to vote on this without a public hearing and Attorney Weil said there is no legal reason to not vote the item tonight. It is a transfer. School Supt. Patti Grenier gave the rationale. She explained that there were unexpended funds from a roof repair to the Horace Mann Charter School in Marstons Mills and they were looking to transfer those funds to help repair the High School field house roof. She said they found there were additional needs. This is a roof to roof project. Councilor Canedy asked the Town Manager and Finance Director if she could see a detailed accounting of expenditures of projects as they are completed and indication if the project went over or under appropriated amount. If over, an accounting of where the money was

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appropriated from and if under, where the nonused appropriated funds were allocated to or in what account they are housed.. Councilor Crocker asked what kind of roof is going on. They assumed that it is rubber. Crocker feels it needs to be done and should be voted soon. Councilor Milne said you can’t continue to have a leaky roof. We have had a number of roof issues – why isn’t there preventative maintenance. Grenier said if you have all the money to maintain everything she can do it. She would need at least $10M to maintain. We were ahead of the curve, but when we opened it up, we found it was a bigger problem. Lack of revenue is the problem. Councilor Barry said taking the lowest bid you don’t get the quality of work. A motion was made and seconded to move the question. VOTE: Unanimous in favor. Upon motion duly made and seconded it was ORDERED: That the balance remaining in the appropriation for the repairs to the Barnstable Horace Mann Charter School roof project of $132,510 under council order 2005-085 be transferred to the appropriation for the repairs to the Barnstable High School field house under council order 2009-095. VOTE: Unanimous in favor 2010-042 AUTHORIZING STATEMENT OF INTEREST – HORACE MANN PUBLIC CHARTER SCHOOL FACILITY Supt. Grenier gave the rationale as written. She explained that this is for the school on Bearses Way. Grenier said this is the third time she has come forward. Councilor Canedy asked about the additional steps on this project. Grenier said all steps will go forward with proper notification and approval by the Town Council. This is the oldest boiler in the system. Councilor Munafo said we do need to be persistent. He thanked her. A motion was made and seconded to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded, it was RESOLVED, that having convened in an open meeting on October 15, 2009 the Town Council of the Town of Barnstable, in accordance with its charter, by-laws, and ordinances authorizes the Superintendent of Schools to submit to the Massachusetts School Building Authority the Statement of Interest dated October 13, 2009 for the Barnstable Community Horace Mann Charter Public School, formerly known as the Hyannis East Elementary School, 165 Bearses Way, Hyannis, MA which describes and explains the following deficiencies and the priority category(s) for which the Town of Barnstable may be invited to apply to the Massachusetts School Building Authority in the future:

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Priority 5: Replacement, renovation or modernization of school facility systems,

such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility.

And hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town to filing an application for funding with the Massachusetts School Building Authority. VOTE: Unanimous in favor ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. VOTE: Unanimous in favor ADJOURNED: at approximately 9:25 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC T own Clerk/Town of Barnstable


November 5, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, November 5, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy (7:10), Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne (7:20), James Munafo, Jr., Thomas Rugo, James M. Tinsley, Jr. and Harold Tobey. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT

• Proclamation – Firefighter Frederick Lewis Councilor Crocker read a proclamation from the council on the occasion of Mr. Lewis’s retirement. (See Exhibit A) Mr. Lewis thanked all very much for this honor. Also standing with him were Chief John Farrington, Captain Phil Field, Fire Prevention Officers Martin MacNeeley and Frank Pulsifer, as well as Firefighter Jason Davern. Rabbi Alperowitz addressed the council regarding the malicious defacing and destruction at the Chabad Center this week. He believed that such acts of destruction could never happen on Cape Cod. He feels the community must have a goal for its youth of combining ethics and moral behavior along with academics. He invited all to a unity rally on Tuesday November 10th, location to be determined. The desecration of houses of worship will not be tolerated. He feels that clergy meeting with students to establish and strengthen relationships should occur several times a year. The Chabad will also sponsor good deed awards to be given annually to five youth who have shown their compassion. President Chirigotis said that we are one community. Susan Rohrbach spoke on behalf of Sen. Rob O’Leary stating that he was sad to learn that this place of worship had been vandalized again. He wants the community to be a community of tolerance.

• Proclamation – Harold Tobey President Chirigotis read a proclamation from the council to Harold Tobey for his extensive history of public service on the council and in other town organizations. (See Exhibit B) This evening was his final town council meeting. Councilor Crocker presented him with a mock-up of the gold handled cane he will be given when it arrives from the manufacturer. Councilor Tobey spoke poignantly and shed a few tears. Paul Niedzwiecki, Executive Director of the Cape Cod Commission and former Assistant Town Manager attended tonight’s meeting because it was Harold Tobey’s last council meeting. He was proud to have watched Mr. Tobey in action over the years, as he endeavored to preserve town history that would have been lost in people’s attics. Milton Berglund congratulated the re-elected councilors. He appreciated their support on Stewart’s Creek and feels, in hindsight, people will realize it was the right thing. He feels the 100% betterment is not a workable solution. He suggested the formation of a sewer authority, capitalized and able to issue revenue bonds. Betterments could then be brought down to the 30% range. The authority could include other Cape towns. He added that in the future, communication needs to improve to avoid the spreading of inaccurate information. Sidney Chase, Veterans Agent, feels the stress brought about by the war in the last 18 months has impacted many. He also spoke of the recent killing of military personnel at Fort Hood. He asked all to

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attend the proposed unity meeting on Tuesday. In addition, he reminded all of the Veterans’ Day parade on Wednesday. Sue Rohrbach, on behalf of herself, spoke of her relationship of 20 years with Councilor Tobey. She thanked him. He thanked her as well. Jeff Wilkinson said he was in charge of the recount of the November 3rd vote on Question 1 (Charter). He lives in Precinct 2 and needs help getting the signatures from each precinct. One signature of a registered voter in each precinct must be notarized. He has arranged with his bank to notarize the signatures and has arranged for transportation to and from the bank. John Alden also congratulated Harold Tobey. They ran against each other in the past and had a good campaign. He is appreciative and grateful for Councilor Tobey’s service. He also spoke about homeless people receiving bus tickets to the Cape. Mr. Tucker thanked Harold Tobey for a favor he had done for him years ago. He suggested people were driving without licenses and not paying excise taxes on their cars. This is resulting in a loss of revenue. Roy Richardson spoke about Councilor Tobey. In addition, he is pleased by the example of the council. The candidates who just ran and were elected have good values and are willing to stay with them. COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Barton applauds Rabbi Alperowitz’s positive attitude in response to the attack on his synagogue. She said the 9th Annual Peace Breakfast had just been held where students are recognized who do the right thing every day and inspire others to do the same. The No Place For Hate Committee does outreach to youth in the schools. She said it is a fact that homeless people do get bus tickets to the Cape from Boston, cabs from Falmouth, etc. Agencies try to get that person back home and make sure there is a relative or an agency to care for the homeless person. Councilor Canedy added her sincere regrets to the Rabbi and will do everything she can to prevent this in the future. She announced an event in Barnstable Village on Saturday. She thought Mr. Berglund’s ideas were good. The price tag of a sewer authority is steep but can be doable with regionalization. She added that all councilors feel they could have done better on the sewer issue had it not been rushed. Councilor Milne said that none of the documents on file state 100% betterments. Years ago 100% was the yardstick. He does not endorse it on paper, verbally, now or ever. A subcommittee of CFAC is looking at this issue. He also agreed that at such a close margin, a recount of the charter vote makes sense. The charter will short circuit the new term of the Town Clerk by two years. He feels the Clerk has a vested interest in the outcome of the recount and should not be involved. He suggested an outside agency, perhaps the Secretary of State, oversee the recount. Councilor Tinsley was very horrified at the violence against the Chabad. On the recount he said that one vote makes all the difference. All people make a difference, regardless of their opinion. Councilor Crocker invited John Norman, who had just been elected, to say a few words. Norman said he was glad to have been elected and is looking forward to joining them in two weeks. Councilor Tobey recalled having lost by 4 votes in an early election. People need to get out and be heard. Town Manager John Klimm was offended, embarrassed, saddened, hurt, ashamed and outraged by the attack of one of the synagogues; it was an attack of everyone.

• Director of Finance – Update Finance Director Mark Milne reported the good news: the lottery revenue was not impacted; the $18M reduction of transportation funding may impact the town’s vocational school assessment; special education is impacted by a slight reduction in funding; the charter school may have small revenue deficit; there will be a slight reduction in sewer funding from the state since their budget was cut $0.5M. There is

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a need to be cautious going forward for the rest of the fiscal year. There is also a need for some contingency plans to cover cuts. The first quarter operating revenues are tracking where they should; he does not see any significant revenue shortfalls. Permit revenue is down due to less construction. Veteran’s benefits are tracking a little high. The airport net impact is less than a negative $100,000. Golf tracking slightly lower, about $100,000; they will be reducing seasonal staff. Solid waste revenue is down about $50,000. Manager Klimm suggested a budget workshop at the next meeting to bring new members up to speed. The goal is to have a budget policy in place but there is very little time. He asked for direction on how to proceed. Councilor Farnham thought having a classification presentation at the next meeting would be helpful. Councilor Canedy suggested scheduling two meetings in December. She would also like some discussion of sewer updates. Councilor Crocker asked about the receipt of budget awards. Director Milne explained the GFOA and announced that the GFOA awarded Barnstable again – its 7th year. Councilor Milne would like a simple public forum with Q and A on the wastewater issue, to give the public clarity. Councilor Canedy agreed stating that an informational session would not require a council quorum, but there is a need to educate as many people as possible; Councilor Joakim agrees with this issue and other issues need to be addressed. ACT ON MINUTES Upon a motion duly made and seconded it was voted to postpone action on the minutes of October 15, 2009 to the next meeting. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

• Councilor Milne thanked Police Chief MacDonald for bringing the Sea Street community together at a meeting that was attended by over 70 people. It provided an opportunity for open dialogue which set a good tone of cooperation and resulted in a spirit of making things better.

• Councilor Chirigotis congratulated the Chief on his use of verbal aikido by taking the force directed at him and turning it around. People left the meeting with a sense of cooperation and community.

• Councilor Rugo suggested doing a survey of the affected homeowners at Stewart Creek to get a sense of these issues.

• Councilor Crocker suggested no expansion of sewers until mandated. He suggested a survey as well as trying to answer the question of whether sewering should expand. The town needs to know the parameters. Fifty percent of the population will never be satisfied.

• Councilor Chirigotis said many homes have failing septic. It can’t be this or nothing. • Councilor Canedy suggested asking if a resident is willing to pay a betterment and not speaking

about a 100% betterment. It might bring less of a knee jerk and more of a soul searching response.

• Councilor Chirigotis asked how we spread the cost of betterments town-wide. Questions need to be phrased so all understand the options.

• Councilor Barton said eventually the entire Cape will need sewering. CFAC and a citizens committee are working on coming up with a payment proposal.

• Councilor Farnham is not convinced the entire town needs it. A survey needs to be careful of what it asks. Has the citizens’ committee formed and is CFAC coming up with options? People need to understand all the options.

• Manager Klimm explained that this is the annual citizens’ survey and there is an opportunity to ask a few questions on the sewering in order to recognize the importance of the issue. If the results are overwhelming one way or another, it may indicate what sort of education may be needed town-wide. It may be a way to validate one of the options. Councilor Canedy feels the citizens’ survey may not be efficacious. All options must be considered before a town-wide tax.

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ORDERS OF THE DAY OLD BUSINESS 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET-ASIDE FOR OPEN SPACE Upon a motion duly made and seconded it was voted to continue the public hearing to November 19th 2009 VOTE: Unanimous B. NEW BUSINESS 2010-044 APPROPRATE & TRANSFER $356,286 FOR BARNSTABLE MUNICIPAL AIRPORT CAPITAL BUDGET EXPENSES Upon a motion duly made and seconded this item was referred to a public hearing on November 19, 2009. VOTE: Unanimous 2010-045 ACCEPTANCE OF A $3,015,000 FEDERAL AVIATION ADMINISTRATION GRANT Upon a motion duly made and seconded this item was referred to a public hearing on November 19, 2009. VOTE: 11 Yes, 1 No (Munafo) 2010-046 APPROPRIATE $ TRANSFER $75,000 COMMUNITY PRESERVATION FUNDS FOR HISTORIC PRESERVATION –PAINE BLACK HOUSE Upon a motion duly made and seconded this item was referred to a public hearing on November 19, 2009. VOTE: Unanimous Councilor Milne recused himself, leaving the hall at 8:40 PM. 2010-047 ORDER FOR RECALL ELECTION Recess 8:45 - 8:51 PM Councilor Crocker announced that the Recall Election would be scheduled for December 17, 1009 in the Hearing Room. The regular council meeting would also occur on that date and would meet in the Selectman’s Conference Room. 2010-047 ORDER FOR RECALL ELECTION Upon a motion duly made and seconded it was Pursuant to Section 8-8© of the Code of the Town of Barnstable, and upon the receipt of a certificate from the Town Clerk that a sufficient petition for recall has been filed; the Town Council does hereby order: THAT, the warrant and notice for meetings be issued in due form, notifying and warning the inhabitants of Precinct 13 of the Town of Barnstable, qualified to vote in elections, to meet in their polling place on Thursday December 17, between the hours of 7:00 a.m. and 8:00 p.m. then and there to give in their votes on the following question: “Shall J. Gregory Milne, Precinct 13 Town Councilor be recalled?” YES NO

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VOTE: 11 Yes (Milne recused) (Roll Call) Councilor Milne returned to the hall. TOWN MANAGER COMMUNICATIONS Manager Klimm thanked Councilor Canedy for her assistance in seeking funding for the bulkhead. He has spoken with US Rep. Michael Capuano and Sen. John Kerry regarding the funding. Degradation and collapse of the area continues. He also thanked all who have supported the effort. Upon a motion duly made and seconded the meeting was adjourned at 8:55 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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November 19, 2009

quorum being duly present, Council President Frederick Chirigotis called the November 19, 2009 meeting to order at 7:00 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA. A

PRESENT: Richard Barry, Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo, and James Tinsley. Troop 252 Boy Scouts, Evan Francis and Peter Chirigotis led the hall in the Pledge of Allegiance, followed by a Moment of Silence

• Councilor Crocker brought up the issue of after the swearing in of the new officials, the Clerk calls an organizational meeting where officers for the council are elected. He proposed that since there is an open seat for Vice President – that it be done this evening.

• President Chirigotis recited the rules of the charter and the administrative code relative

to this issue and a motion was made and seconded to vote on whether or not the council would choose their President and Vice President this evening. There is a vacancy in the office of Vice President.

• Councilor Rugo would like to see the process as it is in the charter and rules and wait

until the first meeting in December.

• Councilor Joakim noted that there is an open seat for vice president and we can have a seat open for no more than two meetings.

• Councilor Barton suggested that since we have two brand new members it might be

nice to wait until December.

• Attorney Ruth Weil stated that both the charter 2-2 and town council rules can be read and worked well together. The Charter says until the swearing in takes place, they can’t hold an election. If you nominate officers tonight and then vote the first meeting in December then it would be in compliance. If the council moved the whole thing to the first meeting in December, you could suspend the rules.

• Councilor Milne noted that in 2007 the organizational meeting took place on Dec. 6th.

• Councilor Munafo said we could take nominations tonight.

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• Councilor Joakim reiterated what the Town Attorney said that the rules and charter can work together.

A motion was made and seconded to move the question. VOTE: Unanimous consent to move Upon motion duly made and seconded it was voted to have the elections for Town Council officers on Dec 3rd. VOTE: Unanimous consent President Chirigotis declared and the council agreed that: 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET ASIDE FOR OPEN SPACE Will be postponed to December 3, 2009. And: 2010-051 ACCEPTANCE - CHAPTER 32B, SECTION 18 MEDICARE EXTENSION PLANS; MANDATORY TRANSFER OF RETIREES will be postponed to a date yet to be determined. TAX CLASSIFICATION WORKSHOP Jeff Rudziak, the Assessor for the Town of Barnstable, gave a powerpoint presentation (See Exhibit A attached) on tax classification. Prior to the presentation he announced to the council that the tax factor vote can not be held until the first meeting in January. He said the DOR is way behind and there are 280 towns that still need to be certified. The DOR is backing a piece of legislation to move the issue date to January 30th for one year only. He will keep the council informed as to the progress of the certification and the bill in the legislature. Rudziak added that we are hoping to have our certification in early December. All our recertification work has been submitted. Rudziak reviewed the overview of Prop 2 ½ and the tax levy shifting options – you can shift the rate to CIP up to 150%, adopt up to a 20% exemption on resident’s primary homes; or adopt up to a 10% exemption on small commercial properties. He explained the levy limit. New growth is down significantly. The single tax rate is $6.85 this year up from $6.12 per thousand last year. He provided a number of charts to show the increases and decreases to the CIP vs residential class. PUBLIC COMMENT

o Maryanne Barboza has a problem with the recall. What can I do to change the laws?. There is not one councilor that needs to be recalled. If someone does something that is ethically or morally wrong then fine, recall them. But to recall someone because of the way they vote is wrong. Something has to change this.

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o Mary Clements said reality is there are pressing issues. She feels that Citizens for Open Government has worn out its welcome. There is no reason for a recall. Ignore COG – support your councilors.

o Robert Tucker wanted to wish the councilors a Happy Thanksgiving. He wanted to

know why are rents going up. Why are people not paying their excise taxes?. COUNCIL RESPONSE TO PUBLIC COMMENT Councilor Canedy mentioned the recall provision and explained that there are some charter changes that can be done without a full charter process. She would hope that the council will look to change a number of things and would suggest recall be one of them. Councilor Milne said some parts of the charter could be changed with the council and people vote – other sections need legislative approval. Would a recall provision be included? Attorney Weil said most amendments can be done without a full charter commission. She outlined the process, but said that she would need to review each of the items in order to make a determination. Councilor Farnham asked that a word format copy of the current and proposed charters be emailed to the council. ACT ON MINUTES – Upon motion duly made and seconded it was voted to approve the minutes of November 5, 2009. VOTE: 11 Yes – 2 abstentions Councilor Canedy noted that the minutes of Oct. 15, 2009 had not been voted on. It was moved to postpone the vote until December 3, 2009. VOTE: 2 abstentions, 2 no votes and 9 yes votes. ORDERS OF THE DAY A. OLD BUSINESS 2010-044 APPROPRIATE & TRANSFER $356,286 FOR AIRPORT CAPITAL BUDGET EXPENSES Manager Klimm gave the rationale on this item which is for funding additional contracted architectural and engineering design costs for the airport terminal. (See a building perspective attached as Exhibit B). Bud Breault, the Airport Manager, explained that the terminal originally planned was over $5M over budget. A redesign had to be brought forward. The new design will fall within the budget. He requested approval of this appropriation. Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing 2010-044. VOTE: Unanimous consent Upon motion duly made and seconded, it was voted to go out of the public hearing at: 8:12 p.m. VOTE: Unanimous consent

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• Councilor Munafo asked about the lighting study. Breault said they were in

compliance. Munafo stated that the building is ugly.

• Councilor Barton asked if it will look like this (she referred to the sketch). She was told that it would. She feels that the airport manager and others are doing well to stay within the budget.

• Councilor Canedy asked if you are losing inside space. Breault said we lost storage

and have some overall shrinkage – the baggage handling unit will be lost.

• Councilor Farnham noted that there will be more plantings and bufferings along the highway and asked for someone to give more detail. Joe Longo said the landscape will have a 3 to 4 foot berm and plantings. The traffic flow will close the rotary entrance and cars will come in on the access road off Route 132.

• Councilor Crocker thanked the commissioners. He asked about the reimbursement

aspect. Breault said we need this to complete the pre-bidding phase. If you approve we can go into the bidding phase. Breault said that DOT is committed to the full $15 million.

• Councilor Canedy asked about what is the benefit of rebuilding at this time. What are

you gaining with this new building being only 7,000 feet larger. Breault said we have an older building, the systems are outdated, the terminal is more modern. Current terminal is in violation of the height restrictions because of where it sits.

• Councilor Milne asked what was the big number for the large terminal - Breault said

the original size was 54,000 feet and it has been reduced. Breault said the original size was driven by the expectation for 300,000 emplayments. We have about 160,000 due in large part to less growth and construction on Nantucket.

• Councilor Munafo asked if there is any possible redesign planned with the rotary.

Something needs to be done with it. Breault noted that the closure of the entrance to the airport off the rotary is part of all the plans for the roads in the area.

• Councilor Dagwan asked if there are any changes in employment. Breault said just

during construction.

• Councilor Norman asked about the original price tag. Breault said there was a $20M terminal construction cost but the council wanted a total project cost of $20M, hence the reductions.

Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous approval Upon motion duly made and seconded it was ORDERED: That the sum of $356,286 be appropriated for the Barnstable Municipal Airport’s capital expense budgets and be added to Appropriation Order #0586A for the purposes of funding additional contracted architectural and engineering design costs associated with the

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down-sizing of the proposed airport terminal; and that to meet this appropriation that $356,286 be transferred from the Airport’s Reserve Fund, and furthermore that the Barnstable Municipal Airport Commission is authorized to contract for and expend the appropriation made available for these purposes, and for these purposes be authorized to accept any grants or gifts in relation thereto; subject to Town Council approval. VOTE: Roll Call (2/3’s) 12 yes 1 no (Milne) 2010-045 ACCEPTANCE OF A $3,015,000 FEDERAL AVIATION ADMINISTRATION GRANT Manager Klimm gave the rationale. Airport Manager Breault said this is an independent project and not part of the terminal project. They have eight years to expend these funds to build the tower. There is potential for getting possible additional funding.

Councilor Crocker asked some further questions relative to siting and funding. Breault said there are potential locations and sites and they will be reviewed in the FAA lab. Once they approve the locations then the airport commission would approve the final site.

Councilor Canedy asked how long the permitting process will take. Breault said 3

months. They are in constant contact with Yarmouth and Yarmouth is aware of their plans.

Councilor Norman asked if CCC will be involved. Breault said the DRI permit is good

for 7 years and we could possibly renew it.

Councilor Milne wanted to know if the flight paths would be different with a new tower. Breault said the new tower will be lower and won’t have any effect on fixed approaches.

Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was RESOLVED: That the Town Council does hereby accept the grant award in the amount of $3,015,000 from the Federal Aviation Administration and that the Barnstable Municipal Airport Commission is authorized to enter into contracts and to expend the grant monies for the purposes specified therein. VOTE: 13 yes unanimous COMMUNICATIONS Councilor Tinsley introduced Tom Frederick who was from the Board of Big Brothers and Big Sisters. Late file – 2010-058 – RESOLVE IN SUPPORT OF THE BIG BROTHERS/BIG SISTERS OF CAPE COD & THE ISLANDS

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Mr. Frederick explained that the school mentoring program started over four years ago. He gave an overview which will target children ages 7 to 14. It is being a friend and a positive role model to a child. They are looking to start with 50 mentors and grow that number. Marie McKay from the Barnstable Schools thanked the council and stated that the school is happy about this program. Councilor Joakim asked where people can call to get more information. Call 508-771-5150 X101 to contact Sonia Schonning, Executive Director Councilor Norman asked if BB/BS is in the school, could the town have liability if something happens when a child is with his/her “Big”. Attorney Weil said there are other prototypes. Sonja said we have researched this issue and they can provide information. Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was RESOLVED: That the Barnstable town Council gives its support to the Barnstable Mentoring Initiative a partnership of the Big Brothers and Big Sisters of Cape Cod and the Islands with the Barnstable Public Schools to form a new adult volunteer mentoring program within our school system. VOTE: Unanimous Upon motion duly made and seconded it was voted to go into Executive Session for the purpose of discussing the acquisition of real estate and possible strategy for litigation – and to come back into open session at the conclusion of the session. VOTE: 13 yes roll call The meeting reconvened at 9:30 p.m. 2010-046 APPROPRIATE & TRANSFER $75,000 CPC FUNDS FOR HISTORIC PRESERVATION Upon motion duly made and seconded, it was voted to go in to a public hearing for the purpose of discussing 2010-046. VOTE: Unanimous consent Upon motion duly made and seconded, it was voted to go out of the public hearing at: 9:32 p.m. VOTE: Unaimous consent Manager Klimm gave the rationale. He explained the acquisition is for the life estate on the Conant House (Paine Black). Lindsay Counsell stated that it is across the street from the West Barnstable Fire Station. This will codify the ownership of the property. He feels this is an essential part of the property as it relates to the whole. Having it in our ownership is important. Upon motion duly made and seconded it was voted to move the question.

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VOTE: Unanimous in favor Upon motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G.L. c. 44B, the sum of Seventy Five Thousand Dollars and NO /100 ($75,000) be appropriated and transferred from the amount set aside for Historic Resources in the Community Preservation Fund, on June 18, 2009 under 2009-129 and that the Town Manager be authorized to expend the amount appropriated to acquire the historic resource consisting of the life estate interest for the property located at 2135 Meeting House Way, West Barnstable and found on Map 130, Lot 12. VOTE: Roll Call (2/3’s) 12 yes 1 No (Munafo) 2010-050 – taken out of order 2010-050 ACCEPTANCE OF AN ARRA $125,551 PORT SECURITY GRANT PROGRAM AWARD Manager Klimm gave the rationale. Councilor Farnham thanked Joe Gibbs for his work on securing the grant. RESOLVED: That the Barnstable Town Council does hereby accept the American Recovery and Investment Act Port Security Grant Program (ARRA PSGP) award from the Department of Homeland Security, FEMA in the amount of $125,551 of which $62,480 is for Response Equipment;$41,255 for continuation of Harbor camera project; and $21,816 for communications equipment. VOTE: 12 Yes 1 No (Munafo) 2010-048 ACCEPTANCE OF $1,750 GRANT FROM THE ARTS FOUNDATION OF CAPE COD Manager Klimm gave the rationale. Upon motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts the grant award in the amount of $1,750.00 from the Arts Foundation of Cape Cod for marketing downtown Hyannis arts initiatives and programs. VOTE: 13 Yes - Unanimous 2010-049 APPROPRIATION $40,000 FOR GRAPHIC DEPICTION-FAA REGULATED AIRSPACE Upon motion duly made and seconded it was voted to refer this item to a public hearing to be held on December 3, 2009. VOTE: Unanimous in favor of referral 2010-052 APPROPRIATION – $126,000 FOR ADDITIONAL FY10 ELECTIONS EXPENSES Upon motion duly made and seconded it was voted to refer this item to a public hearing on December 3, 2009. VOTE: Unanimous in favor of referral

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Upon motion duly made and seconded it was voted to refer the following items to a public hearing the first meeting in January, 2010 2010-053 ALLOCATION OF TAX LEVY FY10 – TAX FACTOR 2010-054 ALLOCATION OF TAX LEVY FY10 – RESIDENTIAL EXEMPTION 2010-055 ALLOCATION OF TAX LEVY FY10 – SMALL COMMERICAL EXEMPTION VOTE: Unanimous in favor of referral 2010-056 APPROPRIATE FROM CPF SET ASIDE-$350,000 FOR AFFORDABLE HOUSING Upon motion duly made and seconded it was voted to refer this item to a public hearing to be held on second meeting in January. VOTE: Unanimous in favor of referral LATE FILE 2010-57 ADOPT THE BUDGET POLICY FOR FY11 Upon motion duly made and seconded, this item will be referred for a second reading on December 3, 2009. VOTE: 2 No –(Canedy and Munafo) – 11 yes ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at 9:47 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable


December 3, 2009 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, December 3, 2009, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo, and James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT Frank Cuphone spoke on behalf of the people of Stewarts Creek. He suggested that no vote on other sewer systems be taken until the financing is better thought out. There is still confusion; perhaps accurate information is not getting out. There needs to be a clear outline of the options or the project should wait until there are options. Ray Mitchell supported sewers thinking it would cost between six and ten thousand dollars. He was shocked at the cost and believes realtors are not handling Barnstable properties until it sorts out. He has become anxious. Falmouth is doing the same with a 50% betterment. He wanted the sewer but can’t afford it. He would like not to have to sell his house. Charlie Hetzel thanked the police chief, the police officers, President Chirigotis and Councilor Milne for help in making the Sea Street neighborhood safer. He is also thankful for the new recreation center. Al Baker spoke about misinformation on various issues and the importance of getting the correct information out. He hopes there is still a chance to get some stimulus money, even though the deadline was missed. In addition, he said that there has not been a justified recall. Being recalled for how one votes is not acceptable. He is glad the charter failed, although some of it was good. He made some announcements of upcoming activities. Robert Tucker spoke of the problem of too many people living illegally in apartments and too many cars in the yards. Wendell Moore is 70, retired and lives here. He also hopes for an alternative to the cost of the sewer system. An alternate plan is needed perhaps with federal funding or bond issues. Elaine Cuphone is appalled by the sewer controversy. She is still trying to find out what is fact versus what is fiction. The truth is that the Stewarts Creek residents cannot live with 100% betterments. Lake Wequaquet could be next. She suggested putting the detail of the agenda on the website. Louise DeCecca said the neighborhood had a residents’ meeting recently. The sewer issue will force many from their homes. The fear of loosing their homes is not irrational. The people of Stewarts Creek are being sacrificed. She cannot make ends meet well enough to pay for this. She read a note from another resident that also echoes the sentiment. Meredith Farnsworth said her trust in the council to do right was shattered. She cannot afford anything close to a 100% betterment. No one would pay such betterments. There has been no information from the subcommittee of CFAC or other citizens’ groups. COUNCIL RESPONSE TO PUBLIC COMMENT

• Councilor Milne is pleased to see many people come to give input. He pointed out that nothing on

any town council vote said there would be a 100% betterment. The word “betterment” has been used as an accounting term, needed by the legal department. In addition, the amount of any

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betterment would be an executive decision not a legislative one. He agrees there is a need for quality information, and the Council does not get a high mark on this. Financing and stimulus money is still available. CFAC will advance a financing proposal. Milne also complemented the chief for his leadership and facilitation ability especially in the Hyannis area.

• Councilor Joakim asked about having missed the stimulus. Mark Ells, DPW Director replied that the opportunity for stimulus money has not been missed.

• Councilor Tinsley pointed out that the entire agenda is on the website with all pages. • Councilor Canedy explained that the CFAC committee is a long-standing committee. President

Chirigotis has charged them and a citizen’s group with looking into all areas of sewer financing. She apologized for not reaching out better in the past and explained that a 100% betterment has never been embraced.

• President Chirigotis explained the CFAC and its role. CFAC formed a three member sub-committee months ago, to look at all possible sewer funding options. The first meeting of the Citizens’ Advisory Committee – a different group – will occur next week. CFAC will also work with them. This is where it begins and all need to work together to find a fair and equitable process.

• Councilor Rugo asked if there would be another vote to authorize funding. This would mean the door is still open. President Chirigotis said there was no policy, funding mechanism, or contracts yet. In response to Councilor Rugo, John Klimm, Town Manager, stated that any alternative funding mechanism, such as an override or a general taxing, would have to come back to the council. President Chirigotis said at that time, he will have a public workshop.

Coastal Resources Management Plan Report

Robert Jones, Chairman of the Coastal Resources Management Committee presented the final draft of the report (Exhibit A) He introduced the committee present: John Fallon, Jr., property owner; George Gilmore, Dock Construction Industry; Dennis Houle, Chairman, Conservation Committee. Once the council has reviewed the report, Jones would like a workshop scheduled for an in-depth review. President Chirigotis thanked him and the committee for their work. He will have a workshop.

Nomination of Officers Assistant Town Clerk Lucia Fulco explained the procedure for electing the officers. Fulco opened the floor for nominations for the office of Town Council President. Councilor Joakim nominated Frederick Chirigotis; Councilor Crocker seconded the motion. A motion was duly made and seconded to close the nominations for President. VOTE: Unanimous Fulco opened the floor for nominations for the office of Town Council Vice President. Councilor Farnham made a motion to nominate James Crocker; Councilor Munafo seconded the motion. Councilor Barry made a motion to nominate Janice Barton; Councilor Joakim seconded the motion. A motion was duly made and seconded to close the nominations for Vice President. VOTE: Unanimous Councilor Munafo made a motion which was seconded to suspend the rules in order to elect officers tonight. Councilor Joakim suggested following the charter and wait to elect until the next meeting. Councilor Milne agreed. His seat is pending the result of a recall election on the same day as the next council meeting. He would like the recall decision to take its course and suggested taking the vote once the election returns are in.

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Councilor Farnham pointed out that the council has suspended the rules every year. The time for the nominations has already allowed for the politics to occur. He is ready to vote today. He stated that these offices represent us, not the constituents. Councilor Munafo clarified that the election of officers was in the Rules not the Charter. Councilor Joakim asked all to follow the Rules. A motion was made and seconded to move the question. VOTE: Unanimous consent On the motion to suspend the rules: VOTE: 3 Yes, 10 No (Roll Call) (Yes: Farnham, Munafo, Norman) A motion was duly made and seconded to have the election at the next meeting after the announcement of the recall results. VOTE: 11 Yes, 2 No (Norman, Munafo) ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of October 15, 2009 as amended. VOTE: 11 Yes (Norman, Dagwan recused) Upon a motion duly made and seconded it was voted to accept the minutes of November 19, 2009 as presented VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilors Munafo, Canedy, Joakim, Tinsley, Farnham, Dagwan and Barry all announced a variety of Christmas activities in their villages over the next several weekends. Councilor Barton announced the annual Memorial For The Homeless on Dec 21, and a sleep-out in tents on Dec. 18, both in memory of those who have died. She also reported that Operation In From The Streets is under the wing of the Duffy Health Center. Councilor Milne mentioned the send-off dinner for Chris Clark also attended by Councilor Farnham. She is now working on a shellfish program for the Wampanoag Tribe. He mentioned the upcoming meeting of the Citizen’s Advisory Committee on wastewater as well as thanking the Chief and Town Manager for their efforts on the meeting of the Sea Street area. BHS Red Raiders won the Thanksgiving game. In keeping with the annual tradition, this year the Falmouth Selectmen have agreed to change their “payment” when Falmouth loses, from cranberries to quahogs and maybe oysters. Delivery will occur on the 17th. Councilor Farnham suggested the council review the new fees proposed by the Growth Management Department. They have increased a lot. Councilor Dagwan announced the Grand Opening of the United Cultures Room at the new Youth Center. Councilor Barry thanked Tom Marcotti, Doug Kalweit and Chris Clark for their efforts on cultivating oyster in various areas over the years. It has been a great program – the best bang for the buck! ORDERS OF THE DAY OLD BUSINESS 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET-ASIDE FOR OPEN SPACE A motion was duly made and seconded to reschedule this item to the meeting of February 4, 2010.

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Councilor Barry explained the reasoning for the postponement. There is some consternation between the Town and the DEP regarding a conservation restriction, so the town is now looking for an easement. This will provide time to get everyone on the same page. VOTE: Unanimous consent. 2010-049 APPROPRIATION $40,000 FOR GRAPHIC DEPICTION – FAA REGULATED AIRSPACE Town Manager John Klimm gave the rationale. This will be a valuable planning tool for the town. Bud Breault, Airport Manager, introduced Bill Richardson, contract engineer from Jacob’s Engineering. Mr. Breault gave a PowerPoint presentation. (See Exhibit B). Upon a motion duly made and seconded it was voted to open the public hearing on this item at 8:40 PM. VOTE: Unanimous Consent Al Baker liked that this was going to be paid by surplus funds. He also pointed out that the Marstons Mills airport was more an airfield. Richardson concurred that it was different from the Barnstable Municipal Airport. Breault pointed out that the funding, which is 95% reimbursable, is coming from Airport enterprise funds not surplus funds. Upon a motion duly made and seconded it was voted to close the public hearing at 8:43 PM. VOTE: No Objections

• Councilor Canedy also asked about enterprise funds. The airport enterprise fund is separate from the town enterprise fund – there is no ‘savings account’. There should be no impact due to the slow economy. The airport is getting the full allotment from FAA and there should be no issue with using that allotment at this time. Canedy also asked about any future negative effect on airport needs if the money is used for this purpose.

• Councilor Munafo asked if the 95% reimbursal would be automatic. Breault explained that it is an FAA decision and there is no likelihood of denial. The mapping will be a planning tool for the town.

• Farnham asked if the map will be using the FAA requirements as a base. It will. • Growth Management Director Joanne Buntich had viewed a demo of the product relating to Logan

Airport. The two-dimensional product can be overlaid on the town’s zoning map. The product can more easily point out what the safe height is over any building within the map, making the process less cumbersome. The product will be able to assist in determining a safe height for wind turbines, etc. No immediate zoning changes are needed.

• Councilor Crocker feels it is essential that this be advanced. • Councilor Milne asked if the enterprise account reimbursed town staff time. Manager Klimm said

it did not; this is an incredible benefit to the town as a whole. Without this information the staff would have to start from scratch. The money spent without the availability of this asset would far outweigh the money not reimbursed for staff time.

• Attorney Charles McLaughlin encourages this to go forward. Engineer Richardson added that use of this mapping asset could be expanded to water and other areas.

A motion was duly made and seconded to move the question. VOTE: Unanimous consent 2010-049 APPROPRIATION $40,000 FOR GRAPHIC DEPICTION – FAA REGULATED AIRSPACE Upon a motion duly made and seconded it was ORDERED: That the sum of Forty Thousand Dollars and no cents ($40,000.00) be appropriated for the purposes of funding the development of a computer GIS-based graphic depiction of Federal Aviation Administration (FAA)-regulated airspace; and that to meet this appropriation, $40,000 be transferred from available funds within the Airport Reserve Fund, and that the Town Manager is authorized to contract for

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and expend the Appropriation made available for this purpose, and be authorized to accept any grants or gifts in relation thereto. VOTE: 13 Yes (Roll Call) 2010-052 APPROPRIATION $126,000 FOR ADDITIONAL FY10 ELECTIONS EXPENSES Klimm gave the rationale. Upon a motion duly made and seconded it was voted to open the public hearing on this item at 9:00 PM. VOTE: No Objection Al Baker suggested that some of the one-time elections be combined. Upon a motion duly made and seconded it was voted to close the public hearing at 9:02 PM. VOTE: No objection. Councilor Crocker made a motion, which was seconded, to add the following to the end of the order: “and that the Town Clerk report the true cost of said additional elections to the town council in March 2010.” VOTE: Unanimous A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-052 APPROPRIATION $126,000 FOR ADDITIONAL FY10 ELECTIONS EXPENSES Upon a motion duly made and seconded it was ORDERED: That the Barnstable Town Council hereby appropriates $126,000 for the FY 2010 Administrative Services Department budget and that this amount be used to cover the costs associated with conducting five additional elections in FY 2010; and that the Town Clerk report the true cost of said additional elections to the town council in March 2010. VOTE: 13 Yes (Roll Call) 2010-057 ADOPT THE BUDGET POLICY FOR FY11 Klimm gave the rationale. There are some very minor changes. He is not wanting to rush this.

• Councilor Canedy believed the revenue sharing with the school department – salary increases, etc. - was going to be revisited. It could be adopted with the exception of section 1d. There needs to be a workshop and real discussion on the issue.

• Councilor Munafo said the council did not give the Manager guidelines on negotiating the revenue sharing priorities.

• Councilor Farnham recalled a meeting where the budget was discussed, but was not sure if this piece had been discussed. He asked how the Manager and Finance Director Milne would like the council to proceed.

• Manager Klimm said some areas of the administrative code have been rewritten. He is not trying to rush the budget policy but needs a decision on whether to have a review meeting.

• Councilor Farnham agreed that is a most important issue and suggested possibly a Saturday workshop.

• Councilor Canedy suggested a Saturday in early January for a discussion of item 1d. • Councilor Munafo concurs with a special meeting. Councilor Crocker is also concerned with

items 1c and 1j. Councilor Joakim agrees with Crocker. What happens if this is not adopted between now and first January? Klimm stated that it would be a very big problem.

• Councilor Munafo suggested December 17th since the budget policy needs to be adopted before January 1. Councilor Rugo suggested the next Thursday. Councilor Barton suggested starting the regular council meeting earlier. Councilor Farnham suggested starting at five. Councilor Barry suggested everyone send in their concerns beforehand to save time.

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An informal vote was taken to meet on Dec. 17, 2009 at 5:00PM for a FY 2011 budget policy discussion. VOTE: Majority in favor A motion was duly made and seconded to postpone Item 2010-057 to Dec 17, 2009. VOTE: Unanimous B. NEW BUSINESS 2010-059 GRANT ACCEPTANCE - $3,000 FROM CAPE COD COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a grant award in the amount of $3,000.00 from the Cape Cod Commission to be used to engage the services of an housing development consultant for the 46 Pearl Street project Manager Klimm gave the rationale. Councilor Farnham asked what resulted from the purchase of the 46 Pearl Street project. Joanne Buntich said that 50 Pearl Street is artists’ workspace. Forty-six Pearl Street is also artist work space and the artist lives in the rear. The town has staff on board to do the predevelopment and monitoring, but not in the development area. This allows a notch up on the expertise which is critical. A motion was duly made and seconded to move the question. VOTE: Unanimous On Item 2010-059: VOTE: 12 Yes, 1 No (Farnham) 2010-060 GRANT ACCEPTANCE - $3,360 FROM CAPE COD COOPERATIVE EXTENSION Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby accepts a Cape Cod Cooperative Extension Wildfire Assessment and Preparedness Program Land Management and Wildfire grant in the amount of $3,360 for phase I of selective invasive plant management at the “Field of Dreams”, West Barnstable Conservation Area Manager Klimm gave the rationale.

• Councilor Munafo asked if work previously adopted is being done because of the grant. Consumer Affairs Director, Thomas Geiler said it builds on the county grant and maximizes the funds to do the regular maintenance and to bring the area back to a “field view.” The money is available and comes back twice.

• Councilor Crocker is confused about the matching requirement which doesn’t match. Geiler explained that the $1,260 is a requirement of participation from the town; match may not be the best word. The town will already be spending the $1,260; now we have more. The total spent will be $4,620.

A motion was duly made and seconded to move the question. VOTE: Unanimous On 2010-060: VOTE: Unanimous John Klimm recognized Tom Geiler who will be honored tomorrow for 35 years of service to the Town. Councilor Norman recused himself for the following item.

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2010-061 FY10 SNOW & ICE REMOVAL OVERDRAFT ORDER Upon a motion duly made and seconded it was ORDERED: That pursuant to Chapter 44, Section 31D MGL, which provides for the ability of the Town to incur liability and make expenditures for any fiscal year in excess of appropriation for snow and ice removal; the Town Council approves expenditures in excess of available appropriation for snow and ice removal for fiscal year 2010, subject to further approval action by the Town Manager. Manager Klimm gave the rationale. Councilor Farnham pointed out that it is a standard item and appreciated the amount being appropriated; A motion was duly made and seconded to move the question. VOTE: Unanimous On 2010-061: VOTE: Unanimous (Norman recused) Councilor Norman returned to the hall. 2010-062 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT Upon a motion duly made and seconded this item was referred to the Planning Board for a public hearing.

• Councilor Canedy asked about the process at this point. Buntich explained that the Planning Board hears this item and votes when they are done. It comes back to the council for its own public hearing. It is like a new DCPC but has to be done within the time frame of the Cape Cod Commission moratorium.

• Councilor Crocker asked about the Planning Board sub-committees and process. Buntich said it is basically the same item: dates have changed and some other citations have changed. The Planning Board is comfortable with the regulations and it will be an open process of public hearing at their regular meetings.

• Councilor Munafo asked about public workshops/meetings. Buntich explained that it is the same ordinance; the public process is now public hearings which will be done by the Planning Board; then the council will have its own public hearing process. Buntich assures the council that all the legal public procedures have been followed.

• Councilor Farnham asked if this is the final document that was submitted before. Buntich confirmed that it was the same. However, there is nothing preventing new amendments. Buntich explained that it is not a joint hearing process; the Planning Board will recommend; the council can still amend after that. The Planning Board does not have to check back in. Council has the final word.

On Item 2010-062 VOTE: Unanimous 2010-063 APPROVAL OF A CONSERVATION RESTRICTION IN BARNSTABLE VILLAGE (WELSH & MITCHELL, GRANTORS) 2010-064 APPROVAL OF A CONSERVATION RESTRICTION IN BARNSTABLE VILLAGE (KAESS GRANTORS) Jaci Barton from the Barnstable Land Trust made the presentation for both items via a PowerPoint presentation (See Exhibit C) There are many similarities, from the difficult curve on Route 6A, to abutting the Sandy Neck/Barnstable Harbor area. Families have owned the houses and they are historic; the property tax consequences are minimal to none. An access trail is proposed on the Mitchell parcel. Liability to the owners is huge. In this case the insurance will be paid by the Trust. The Kaess property can be used to store boats and park cars. Land is significant and needs to be preserved. The Cape is sunk if there is a loss of the

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environment. There is a history of voters raising their property taxes to preserve land. However, the match is in the 30% arena, no longer 100%. Donated conservation restrictions have no cash outlay to the town. The Federal government is offering tax incentives to encourage conservation restrictions by Dec 31st. (See Exhibit D for fiscal impacts.) On Item 2010-063 Upon a motion duly made and seconded this item was referred to a second reading on December 17, 2009. VOTE: Unanimous On Item 2010-064 Upon a motion duly made and seconded this item was referred to a second reading on December 17, 2009. . VOTE: Unanimous 2010-065 AMEND ADMINISTRATIVE CODE ADDING SECTION 241-54.2 ESTABLISHING A RENEWABLE ENERGY COMMMISSION Upon a motion duly made and seconded this item was referred to a public hearing on January 21, 2010. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS Town Manager Klimm reported on a visit to Nantucket, meeting with their Town Manager and department heads to open up lines of communication and opportunities for collaboration. He met with CFAC regarding revising the financial code now under review. He thanked Councilor Milne and all the Hyannis delegation for support of the staff. He said the decision to hire Police Chief McDonald and take the position out of civil service was a success; A person was selected with the best credentials not someone who has passed a test. He announced the Years of Service Awards Luncheon. He also announced the departure of Andy Gobeil who is the new news anchor for Channel 6 @ 5 am. Klimm replaced Andy with Nick Cortes from WQRC reporting for Barnstable Today and adding a new program, Barnstable This Morning. He thanked the council for their decision on the budget. There will be a review of fees – to make them comparable to the actual cost of service. He encouraged citizens to respond to the proposals. Growth Management managers and regulatory committees value the professional staff assistance. A realistic cost of service was done so fees match the service. Councilor Canedy asked if the council could be apprised of the meetings regarding fees. Was phasing in the fees over several years considered? Klimm said phasing-in was discussed; they weighed in the value of phasing, but if you can’t have the staff, what does the phasing do? Canady hopes a balance can be worked out. Councilor Farnham pointed out that the growth management efforts go to development of commercial space which brings in money and creates economic development. Klimm pointed out that Tom Geiler’s areas are self supporting – no sense to cut in these areas. Farnham would rather see wage freezes and cuts rather than increasing charges. Upon a motion duly made and seconded the meeting was adjourned at 10:30 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN COUNCIL MEETING December 17, 2009

quorum being duly present, Council President Frederick Chirigotis called the December 17, 2009 meeting to order at 5:00 p.m. in the Selectmen’s Conference Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA. A

PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan (5:20 p.m.), Henry Farnham, Janet Joakim (6:00 p.m.), J. Gregory Milne (after 8 p.m.), James Munafo, Jr., John Norman, Thomas Rugo, and James Tinsley. (9 present at 5:00 p.m.) President Chirigotis led the hall in the Pledge of Allegiance, followed by a Moment of Silence PUBLIC COMMENT

Louise DiCecca is part of the Stewart’s Creek area. She read two letters from neighbors who state that they will have hardships if they have to pay for the sewer. She said we are going to keep coming back to the council meetings until there is a decent solution to this.

Judy Barrett from Greenwood Ave., read a statement on sewerage, and stated that the families could not afford the financial impact of the sewer.

Meredith Farnworth of Dumont Dr., said that the CFAC sewer subcommittee has been meeting, and she would like to see all their minutes and agendas be posted on the web; and put project on hold until affordable financing can be brought forward.

ACT ON MINUTES

Upon motion duly made and seconded it was voted to approve the minutes of December 3, 2009 with the following corrections: Councilor Canedy asked to amend on page 2 top, 3rd bullet, last sentence – add “before this project.” VOTE: Unanimous as amended RESPONSE TO PUBLIC COMMENT Councilor Canedy stated that one of the speakers asked for meetings to be publicized. She then spoke to the press who were present and asked them to advise the public as much as possible.

COMMUNICATIONS Town Manager John Klimm handed out the Town Report. He also said there is a representative coming from UMASS Dartmouth who will speak on the town survey, and wanted to return to the issue when the gentleman arrives.

Councilor Canedy announced that she had gone to a Fire District meeting where they discussed a Wildlife Prevention Preparedness Plan regarding Old Jail Lane Conservation and

Hyannis Ponds Conservation areas. The plan will be coming before the council for approval. She had a draft of the plan and will share a PDF of it. The deadline for comments on the draft is January 6.

Councilor Barton said that Operation in From the Streets had received a check from the town. She thanked the town for its support. Manager Klimm said the funding is from a trust fund and he recognized Councilor Barton for her work for those less fortunate.

Councilor Munafo asked for an update on the bulkhead in Barnstable. Councilor Canedy said she wanted to defer to official notice from the governor, but she believes they have the funding. They will have a late file for additional funding. She thanked Manager Klimm for his advocacy, Mark Ells and his staff, and Friends of Barnstable Harbor, particularly Ted Theodore and Pete Jasin.

2010-57 ADOPT THE BUDGET POLICY FOR FY11 INTRO: 11/19/09, 12/03/09, 12/17/09 BUDGET POLICY WORKSHOP Manager Klimm gave the background on previous meetings and concerns. He announced that the finance staff and others were present in the building. Councilor Munafo asked to take each item one at a time. President Chirigotis stated we are moving in the right direction and are trying to get the budget done ahead of schedule. Manager Klimm suggested using “hold” as the option on each item to be discussed. Councilor Munafo had an issue with the Town Manager going over the policy since it is a council policy. The council went through each item of the following policy statement – if a councilor asked for an item to be held the word “hold” is next to the item. Amendments are noted either in italics or with strike-throughs.

FY 2011 TOWN COUNCIL BUDGET POLICY STATEMENT The Barnstable Town Council established the following policy guidelines for the Town of Barnstable’s operating budget: 1. REVENUE POLICY AND ORDER OF PRIORITY:

a. To maintain a comprehensive and sound financial plan for meeting the prioritized operating and capital needs of the town within the confines of available resources.

b. HOLD - To limit the increases on the property tax revenues to 2½ percent plus new growth. (no consensus to change)

c. To maintain adequate fund balances and reserves at 4 percent of the general fund

budget appropriation, net of transfers, to be set apart from certified free cash to protect against emergencies and unforeseen calamities.

d. To support a revenue sharing agreement between municipal and school operations

that includes the following:

i. Increases or decreases in General Fund revenue will be shared 60/40 between school and municipal operations net of the amount set aside to cover fixed costs increases.

ii. General Fund savings reserves in excess of the 4 percent reserve mentioned in item c. above will be made available for funding non-recurring municipal and non-recurring school operating expenses.

iii. HOLD - The municipal and school operations savings account will continue to be credited with their respective appropriation savings from FY 2011; and excess General Fund revenue over budget estimates for FY 2011 will be shared 60/40 between school and municipal operations.

(Discussion held on split and possible changes to percentage by: Councilor Rugo did not want the school’s share to be reduced, Councilor Barry addressed the issue similarly; Councilor Canedy wanted council/school committee budget workshop; Councilor Farnham noted changes in population and believes split should be addressed soon; Councilor Dagwan believes percentage should remain the same, Councilor Barton and Councilor Tinsley agreed; Councilor Crocker suggested keeping as is but follow through on suggestions this year; Councilor Munafo asked about split and effect. Finance Director Milne updated the council on the fact that there are no revenues to split. A motion was made by Councilor Munafo and seconded to change revenues in d.1 from 60/40 to 50/50. Question moved. VOTE: Majority 11 NO to 1 YES – Munafo – DID NOT PASS A motion was made and seconded to add the word “decreases” so it reads in d.i- Increases or decreases. VOTE: 10 yes 2 no Barton and Rugo - PASSED A motion was made and seconded to add in d.ii. “non-recurring” before the words “school operating expenses.” VOTE: 10 YES – 2 No – Dagwan and Barton Manager Klimm said on d. ii – non-recurring should be the same on municipal and school.

e. HOLD - To seek new sources of funding through grants, impact fees, and other innovative revenue raising practices. (Councilor Canedy said the Council needs to look at the proposed fees. Councilor Munafo asked for staff guidance. Manager Klimm said the grant position was a good idea – they are studying what services should be provided by taxes and what should be fee based. Councilor Barry noted that there is an option for a meals tax and felt we should consider adding .75% as a set-off for municipal sewers to relieve the burden.

f. HOLD - Explore and create new revenue sources (including grants) for the town and schools to alleviate strain on municipal and school budgets and perform operational audits and work toward greater energy efficiency. Councilor Munafo asked about operational audits. Klimm said we are continuously running operational audits, right now one is happening in finance.

g. To ensure that enterprise programs shall be self-supporting, except where the provision of basic public services require general fund support.

h. HOLD - To utilize revolving funds to fund senior service programs, recreational

programs, shellfish propagation, building inspections, GIS and consumer protection programs.

Councilor Canedy asked about historical funding mechanisms. Attorney Weil said they could explore additional sources. Councilor Barton suggested adding youth services programs – (it would need to be studied according to Klimm). Brief recess to 6:45 p.m.

TOWN SURVEY DISCUSSION: President Chirigotis introduced David Borges from UMASS Dartmouth, who explained the town survey. Manager Klimm explained that the survey had standard questions that were asked each year so that changes can be followed from year to year. We are a small city and this tool is invaluable. Mr. Borges presented the results. He applauded the town for performing this survey, which he considered to be a good tool. He gave a description of CFPA, the methodology and the results. It will be posted on the town website. The DFPA is the Center for Policy Analysis at UMASS Dartmouth – they handle various public policy research. They conducted about 435 random land line telephone surveys and interviews of residents. The same issues and most questions have been asked each year. Questions were asked about sewering. They asked how important sewering is – and 7 out of 10 feel it is an important issue. Over 55% of those asked feel that everyone should pay for sewering. More are willing to have a tax increase to support sewers. Renewable energy was a new question and the majority is in favor of renewable energy. They were looking at the transfer station, high school/middle school, and West Barnstable conservation lands were opportunities for wind turbines. He reviewed other issues such as public schools; and crime and safety. Councilor Canedy asked about analysis of results in relation to where the residents live. They did not work that into the results. There was discussion on incorporating that into some of the questions possibly in the future. Manager Klimm said that Mr. Borges could come back if needed. Councilor Crocker said we have turned the corner on Barnstable roads and traffic issues. Public Comment: some additional individuals were allowed to speak at this time. Alan Burt thanked the council and was troubled about the negative element who are coming to the council and throwing stones. He feels the recalls were shameful. He gave some updates on the activities coming up next week on the homeless. Robert Tucker addressed people who don’t pay their excise taxes and over-crowding in houses. __________ Budget Discussion continued....

i. HOLD - To maximize interest income through sound investment practices. Mark Milne said they are re-writing their investment policy. There are 6 individuals on CFAC.

j. This is now d. HOLD - To maintain a capital trust fund by dedicating a minimum of

$6,725,000 in general funds annually and to enhance the fund where possible with revenues or expenditure reductions not otherwise necessary to sustain operations, or through grants and gifts.

Councilor Farnham feels this should move up in priorities would like it to go up to d. President Chirigotis wanted the impact. Manager Klimm agrees. A motion was made by Councilor Crocker and seconded reduce the minimum to $6m. Councilor Joakim wanted it figured as a percentage – Finance Director Milne said it is about 5%. It will provide for roads and a limited capital program. Councilor Canedy wants it as is or raised. Councilor Norman feels a hard number is better and it sets a hard floor. Milne said rating agency will look at this figure if it is reduced. A motion was made by Councilor Farnham and seconded to move this item up to “d.” and renumber the others. VOTE: Passed Manager Klimm reminded the council that $7M as a minimum does in fact reduce operating expenses. He is in support of moving the priority. Councilor Milne stated that the council is encouraging the reduction of our liabilities and facilities. Vote on motion to reduce to $6M.: 6 Yes 7 No – did not pass. (Nos were: Munafo, Crocker, Chirigotis, Barry, Rugo and Joakim) k. To aggressively pursue tax title payments for prior tax commitments.

l. Increase the education efforts in disseminating to the general public the

municipal/school financial position including a detailed, clear. And easy to understand explanation of operational and capital budgets.

m. HOLD - Continue to support lobbying efforts to change the Chapter 70 funding formula

(changed in FY2006), Lottery aid and Municipal Aid.

Councilor Joakim stated she would like to pick up the lottery aid. A motion was made by Councilor Norman and seconded to add as “n” – “To preserve and promote the residential tax base.”” VOTE: Majority in favor (1 abstention – Munafo)

2. EXPENDITURE POLICY AND ORDER OF PRIORITY:

a. HOLD - To not increase the net size of the municipal workforce and to reduce the municipal workforce, where possible, to levels necessary to provide efficient and effective services, first through retirements, second by attrition, and lastly through force reductions; however, where a legitimate need can be demonstrated, any requests for

new or additional Town personnel can be brought forward for Town Council approval. In the event reductions to the labor force affect the ability to deliver a quality service, such service should be considered for its possible elimination.

Councilor Crocker asked to hear about the reason behind this item. Manager Klimm said it initially was put in a year that we definitely had to make cuts. If you wish to eliminate it you may do so. It was suggested to strike the whole item. Councilor Farnham talked about eliminating services with the Manager before; and suggested that a service analysis could be done. This language needs to be retained to continue that assessment. Manager Klimm said that is what we are doing now – we are looking at listing services and getting rid of those with the least priority. We are trying to develop a budget and look at services and what can be eliminated. A motion was made and seconded to strike all except for the last sentence. Councilor Canedy would like Administration to advise the Council of new hires. Klimm said new positions are through grants. Councilor Joakim feels we would be overstepping our bounds. Klimm is in agreement with Councilor Farnham. These are tough choices. Councilor Barton suggested that the last sentence be put into 1a (no vote was taken on this and therefore not moved). On the motion to strike 2a except for the last sentence. VOTE: 12 YES – passed 12 yes and 1 out of the room.

b. To maintain a consolidated administrative structure that will stabilize net operating costs, provide for cross training of employees, and improve service delivery by emphasizing:

i. Continued use of information systems technologies as a tool to increase

performance efficiencies. ii. Continued implementation of quality improvements in the operating departments

of the Town. iii. Continued implementation of a “user friendly” public service program for

permitting, licensing and payment of taxes and fees. iv. Continued implementation of innovative, cost-effective and meaningful programs

and services and improve efficiency in the use of equipment and personnel.

c. To ensure cost benefit analysis is performed on newly proposed programs to ensure cost efficiency and cost avoidance in implementation.

d. Evaluate and assess on an on-going basis alternative methods to decrease the cost of

services by exploring the financial benefits of regionalization, consolidation, privatization and collective bargaining.

3. GENERAL POLICY

a. Continued implementation of a municipal public relations program that encourages community understanding of and participation in local government and that responds to constituents’ requests and needs.

b. HOLD - Provide for adequate maintenance and repair of Town-owned property,

maintain or improve the current level of service to the public schools and other municipal facilities through more efficient use of equipment and personnel.

c. HOLD - Continue efforts to address infrastructure critical needs including but not

limited to roads and wastewater needs. Upon motion duly made and seconded it was RESOLVED, That the Town Council hereby adopts the following budget policy for the fiscal year 2011.

FY 2011 TOWN COUNCIL BUDGET POLICY STATEMENT The Barnstable Town Council established the following policy guidelines for the Town of Barnstable’s operating budget: 1. REVENUE POLICY AND ORDER OF PRIORITY:

a. To maintain a comprehensive and sound financial plan for meeting the prioritized operating and capital needs of the town within the confines of available resources.

b. To limit the increases on the property tax revenues to 2½ percent plus new growth.

c. To maintain adequate fund balances and reserves at 4 percent of the general fund budget appropriation, net of transfers, to be set apart from certified free cash to protect against emergencies and unforeseen calamities.

d. To maintain a capital trust fund by dedicating a minimum of $6,725,000 in general

funds annually and to enhance the fund where possible with revenues or expenditure reductions not otherwise necessary to sustain operations, or through grants and gifts.

e. To support a revenue sharing agreement between municipal and school operations

that includes the following:

i. Increases or decreases in General Fund revenue will be shared 60/40 between school and municipal operations net of the amount set aside to cover fixed costs increases.

ii. General Fund savings reserves in excess of the 4 percent reserve mentioned in item c. above will be made available for funding non-recurring municipal and non-recurring school operating expenses.

iii. The municipal and school operations savings account will continue to be credited with their respective appropriation savings from FY 2011; and excess General Fund revenue over budget estimates for FY 2011 will be shared 60/40 between school and municipal operations.

f. To seek new sources of funding through grants, impact fees, and other innovative revenue raising practices.

g. Explore and create new revenue sources (including grants) for the town and schools to alleviate strain on municipal and school budgets and perform operational audits and work toward greater energy efficiency.

h. To ensure that enterprise programs shall be self-supporting, except where the

provision of basic public services require general fund support.

i. To utilize revolving funds to fund senior service programs, recreational program, shellfish propagation, building inspections, GIS and consumer protection programs.

j. To maximize interest income through sound investment practices.

k. To aggressively pursue tax title payments for prior tax commitments.

l. Increase the education efforts in disseminating to the general public the

municipal/school financial position including a detailed, clear, and easy to understand explanation of operational and capital budgets.

m. Continue to support lobbying efforts to change the Chapter 70 funding formula

(changed in FY2006), Lottery aid and Municipal Aid.

n. To preserve and promote the residential tax base.

2. EXPENDITURE POLICY AND ORDER OF PRIORITY:

a. In the event reductions to the labor force affect the ability to deliver a quality service, such service should be considered for its possible elimination.

b. To maintain a consolidated administrative structure that will stabilize net operating

costs, provide for cross training of employees, and improve service delivery by emphasizing:

i. Continued use of information systems technologies as a tool to increase

performance efficiencies. ii. Continued implementation of quality improvements in the operating

departments of the Town. iii. Continued implementation of a “user friendly” public service program for

permitting, licensing and payment of taxes and fees. iv. Continued implementation of innovative, cost-effective and meaningful

programs and services and improve efficiency in the use of equipment and personnel.

c. To ensure cost benefit analysis is performed on newly proposed programs to ensure

cost efficiency and cost avoidance in implementation. d. Evaluate and assess on an on-going basis alternative methods to decrease the cost of

services by exploring the financial benefits of regionalization, consolidation, privatization and collective bargaining.

3. GENERAL POLICY

a. Continued implementation of a municipal public relations program that encourages community understanding of and participation in local government and that responds to constituents’ requests and needs.

b. Provide for adequate maintenance and repair of Town-owned property,

maintain or improve the current level of service to the public schools and other municipal facilities through more efficient use of equipment and personnel.

c. Continue efforts to address infrastructure critical needs including but not limited

to roads and wastewater needs. VOTE: Unanimous in favor (Councilor Milne out of the room.

8:02 p.m. The results of the recall election for J. Gregory Milne were announced by Town Clerk Linda Hutchenrider. 266 voters went to the polls – election did not count since 13% voted, and lacked the 20% necessary for the election to be valid.

157 YES votes – those who wanted Councilor Milne recalled 109 NO votes – those who did not want Councilor Milne recalled.

2010-63 APPROVAL OF A CONSERVATION RESTRICTION IN BARNSTABLE VILLAGE (WELSH & MITCHELL, GRANTORS AND BARNSTABLE LAND TRUST, GRANTEE) INTRO: 12/03/09, 12/17/09 Councilor Canedy gave the rationale and urged passage. Councilor Joakim was concerned that again another conservation restriction would limit more public access to the water. Jackie Barton from the Barnstable Land Trust, said that it is all salt marsh in that area. There is a provision in the works for access through the Audubon Society. According to Jeff Rudziak the reduction in total tax income would equate to approximately $1,265.18 the first year. Councilor Munafo said he will not vote for this to increase our taxes for the benefit of one person. Councilor Milne noted that the tax difference is marginal. Councilor Canedy said that unless $19 million in land value is removed or added to the town’s inventory, the tax levy will not change one penny. Upon motion duly made and seconded it was voted to move the question. VOTE: Majority in favor Upon motion duly made and seconded it was RESOLVED, that the Town Council approve the Conservation Restriction between Douglas S. Mitchell and Christine Welsh (grantors), and Barnstable Land Trust, Inc. (grantee), over approximately 12.77 acres of land on Main Street, Barnstable Village, Map 258 Parcel 002-001 and 258-002-002, for the purposes of preserving open space, water quality, and scenic views, and providing for the potential of limited public access to future walking trails. VOTE: 10 Yes 3 No – Roll Call (Chirigotis, Joakim, Munafo – no votes)

2010-064 - APPROVAL OF A CONSERVATION RESTRICTION IN BARNSTABLE VILLAGE (KAESS, GRANTORS AND BARNSTABLE LAND TRUST, GRANTEE) INTRO: 12/03/09, 12/17/09 Councilor Canedy gave the rationale on this item as well. Councilor Joakim asked about the access issue. Jackie Barton said that public access to the property is from the water only. Upon motion duly made and seconded RESOLVED, that the Town Council approve the Conservation Restriction between Judith Exman Kaess and H. Walter Kaess (grantors), and Barnstable Land Trust, Inc. (grantee), over approximately 7.72 acres of land on Main Street, Barnstable Village, Map 279 Parcel 015 & a portion of Map 279 Parcel 061-002, for the purposes of preserving open space, water quality, and scenic views, and providing limited public access from the waters of Barnstable Harbor. VOTE: 13 Yes Councilor Dagwan asked if the Land Trust would be willing to take the councilors to the properties such as these ahead of time. Ms. Barton said that the Land Acquisition Committee goes to the properties – she will ask them to invite the councilors as well.

LATE FILE: 2010-072 – APPROPRIATION & LOAN ORDER – MARINA ENTERPRISE FUND FOR $525,000 – INTRO.: 12/17/09

Upon motion duly made and seconded, it was voted to move this item to a public hearing to be held on January 7, 2010. VOTE: 12 Yes (Councilor Milne out of the room)

Election of officers

Clerk Hutchenrider opened the floor for the annual election of the officers for the Town Council. Nominations were made at a prior meeting and current President Frederick Chirigotis was nominated to serve a second term. The clerk opened the floor for nomination speeches either by or on behalf of the candidate. President Chirigotis thanked the council for their support. Speeches were closed and a roll call vote was taken. VOTE: 13 Yes in favor of Chirigotis The nominees for Vice President were: Janice Barton and James Crocker, Jr. The clerk opened the floor for nomination speeches either by or on behalf of the candidates. Councilor Janice Barton stated she feels she will do a good job and has earned the position, and feels it will be good for her village. She wants to continue the work and help President Chirigotis provide a more positive environment. She likes to help and make the world a better place. If she does not win, she will certainly support Councilor Crocker.

Councilor Crocker said he and Ms. Barton have similarities. We all have to be effective in our positions. He would like to work with President Chirigotis and gets his humor; and will come prepared. It is an honor to serve the board. Councilor Canedy is impressed with both candidates and both would make excellent vice presidents. Councilor Joakim said she is impressed as well. Councilor Dagwan was contacted by Mr. Crocker and asked for his support. She gave her word and will support him; she wished she had known that Ms. Barton was running she felt a woman would have made a nice balance. Councilor Milne thought the speeches were very well done. He appreciates both candidates. Thanked the council for their support of him recently. Speeches were closed and a roll call vote was taken. VOTE: Barton – 4 votes Crocker- 9 votes The Officers for 2010 are: President: Frederick Chirigotis Vice President: James Crocker, Jr. ADJOURNMENT Upon motion duly made and seconded it was voted to adjourn. ADJOURNED: at 8:38 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable Happy Holidays to All...

P.S. – This is an actual photo that was taken this month in Virginia at a parade...it is so beautiful I wanted to share it with you.


January 7, 2010 Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, January 7, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan (7:05), Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo (7:10). Absent: Richard Barry and James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. Town Manager John Klimm spoke about the recent passing of Brett Rylander Sundelin, a twenty-year employee of the town. Update on Snow Removal Mark Ells, Director of DPW, gave a brief update of the snow removal activities for the Dec. 19th snow storm. He reviewed the DPW Snow and Ice Control Operations Plan. (See Exhibit A.) The state appears to remove snow better in part because it uses chemicals on the roads that the town will not use due to their detrimental effects on the environment. Smaller plow trucks cannot keep up with the volume of snow in very heavy storms. Often the public expects immediate response when they call about a snow removal need. This may not occur because vehicles are assigned and deployed in sectors. If there is a plow near the caller’s home, the response would be faster.

• Councilor Canedy suggested that certain people at risk be identified in order to have their needs met quickly. Damage to property should be addressed aggressively. The town clerk or town attorney should explain how a constituent can address damages with the town. Based on who is plowing where in what sector, Ells said he will communicate better the time frame of when a plow could respond to a call. Maps of the sectors are available.

• Councilor Farnham felt that despite the challenges of number of roads, topography, etc., that plows should get out sooner after the pretreatment to avoid everything getting packed down. Also, the removal of snow on Main Street should be expedited. He suggested that the councilors receive regular information regarding the status of the storm clean up. Ells said the main roads and collector roads were pretreated and larger equipment was assigned to plow those roads. Farnham also suggested parking bans and a change in the clean-up strategy on Main Street. This is already under discussion. Town Manager John Klimm said they have already met regarding a separate Main St. strategy. Farnham gave some history. “Back in the day” pretreatment was different; the town had more trucks and equipment. The town used to hire 40 to 50 storm employees to shovel Main St. sidewalks into the road, for removal by the plow. In the 1990s the town opted to privatize much of the operation.

• Councilor Joakim said people were angry at the contractors who were not there “right away.” Ells explained that 160 vehicles were deployed on both primary and secondary roads once the storm subsided. During the storm, those efforts were focused on the main roads.

• Councilor Munafo asked about the clearing of West Main Street and the preliminary cost of the cleanup. Ells said they try to keep West Main clear. The preliminary cost of the cleanup for this one storm is $325,000; the storm dumped two feet of snow. All employees on call and contractors reported in. Email is a better way to reach Director Ells than a phone call. During the actual blizzard it is hard to respond unless it is an emergency. Holiday frustration also played a role.

• Councilor Dagwan said she had her secondary road plowed but it was later blocked at the end by the plows doing the main road. She also mentioned trucks on the road with their plows up. Ells said the staff was in 24/7 taking care of the issues. He assumed the plows with plow up were in route or not working for the town. He tries to stage plows near their assignments to save on fuel, time, etc.

• Councilor Milne felt it was appropriate to have this dialogue since it is the councilors who get the calls. He wondered if residents could see the routes through the resources of the web and TV in order to eliminate phone calling and email – an emergency response center with a video component. He was also concerned about Main Street and feels shoveling the sidewalk into the

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road on Main St so plows can remove all of it is good idea. Ells said that the town uses a biodegradable product but it is not as good a calcium chloride.

• Councilor Barton suggested publicizing a number to call and feels a “plowcam” sounds like a good idea. Ells said he brings in additional people for answering phones. Barton said the people who received a response were appreciative.

• Councilor Crocker said the town could have had a lot of bad strategies with the unknown, but this did not happen. A review of procedures and processes is good. The prioritization was there.

• Councilor Canedy pointed out that the expenditure of half the (snow) budget seemed disproportionate to expenses of other towns. Ells said it depends on the town’s response policy; some towns do not send out plows until there is a particular depth of snow, etc. She also suggested that any snow removal policy developed with the Hyannis BID could be used in other villages.

PUBLIC COMMENT Dick Andres spoke about Phinney’s Lane and the possible leakage of sewerage. Ells explained that an air released valve in a manhole broke and was replaced. He was not aware of any spillage – it backed up in the system but he believes there was no seepage. Robert Tucker was concerned about the ramifications if he were to be hit by someone with no license or car insurance. The police chief is getting after the people who are not paying excise taxes. Oliver Cipollini hopes people will start the New Year right and speak from the podium with civil tones. He asked whether the town’s cost analysis software has a snow and ice application and could it be used to assist in storm cleanup. He would like to see a measure of how successful the operation was, including some accountability of the contracted plowers’ performance. Al Baker said he got calls too – while he was in Atlanta – and when he was home. He plowed years ago and after 24 hours it is difficult, longer stretches are scary. Then, you have to drive home despite your condition, once the plow is parked. Mary Farnsworth spoke about the Stewarts Creek sewer issue. She urged residents to attend the upcoming sewer subcommittee meeting and bring ideas on funding methods as well as the fact finding process. It is a town-wide issue not just Stewarts Creek. She asked the council to consider a moratorium to stop the work until funding is available. Louise DiCecca also spoke on sewers and also urged attendance at meetings. She asked the council to insure that people don’t lose their homes because of un-affordability. Tina Carey was asked by SCRUBS to present the petition asking for a moratorium. The meeting was about sewering of the whole town since Stewarts Creek has already been swept under the bus. She suggested a Toilet Tax of $50 per toilet. People with new septic systems should have the choice of using them through their useful life. This would have been a non-issue if there had been a choice. People need to know how to pay for it. Kate Gulliver said she could not find any information on loans or grants awarded to the town for sewering and this could be put on hold until grants or loans are available. In a citizen’s survey it shows that 55% of the respondents said the whole town should pay. She cited several other things showing the people are not in favor of a 100% betterment. She suggested not going forward until you know how it will be funded. The voice of the people is “No, No, No.” Rick Mitchell said the timing is the problem; everyone is broke – the state, the town, and the employees. The council has to wait until the funds are available. Laurie Brown has never been asked about the sewer project; it does not affect most councilors. Councilors have been invited to the neighborhood, but she has never seen any of them. She suggested following Falmouth’s lead and get the people involved, instead of seeking “Obama Money.” She suggested putting a moratorium in place. It appears that anything in Hyannis can happen and it is OK. COUNCIL RESPONSE TO PUBLIC COMMENT

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Councilor Barton took exception to the statement that other councilors have no interest in Hyannis, especially the homeless situation. She has worked with some success to alleviate the issue; she has spent a lot of time on it. Councilor Canedy would like an update of the sewer funding. She is notifying her constituents about the public hearing on the 11th. She and other councilors have encouraged CFAC and the advisory committee to look at the options. The council is not throwing Stewarts Creek “under the bus.” Waivers are still on the table. This is a kind of moratorium since nothing can happen with billing for 18 months or more. She hopes all can be civil and have open minds. Discussion is still open. She likes the Toilet Tax. Councilor Dagwan would also like an update of the funding. The town survey was a random telephone survey of 435 homes, not a majority of the town. She likes the Toilet Tax too. Options and choices would also make her more comfortable. Councilor Milne asked when the question on sewers was decided. There is a level of distrust; but, if the town were looking to ramrod people, they would not be asking the question. They would not ask about what they were trying to hide. It’s just not true. The finance plan for Stewarts Creek is not a 100% betterment. President Chirigotis announced several meetings: Monday, January 11 at 5PM is the Citizens’ Advisory Committee meeting on water quality, and sewering; at 7PM, CFAC will meet to discuss and obtain public input. Manager Klimm said that on the survey when the question was asked, 80% of the people did say that sewering and environmental issues are important. If the council was not interested in what the residents feel, they would not have supported these questions. “This board wanted to know.” Director Ells said they have submitted all fifteen bids to DEP. Feb 17, 2010 is the drop dead date. He has not received any authorization from the DEP to date. Calendar of meetings for 2010 President Chirigotis reviewed the ordinance which states that the council shall meet in the 1st and 3rd Thursday of each month. A discussion followed at which several councilors suggested moving several dates to accommodate school vacations. Councilor Munafo felt the schedule could not be changed. A motion was duly made and seconded to amend the calendar to accommodate school vacation by moving the second meeting in February from the third Thursday to the fourth Thursday, February 25. VOTE: Majority in favor A motion was made and seconded to move the question. VOTE: 10 Yes, 1 No (Munafo) A motion was duly made and seconded to accept the Calendar as amended. VOTE: 10 Yes, 1 No (Munafo) ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of December 17, 2009 with the following corrections: under Budget Discussion continued, Councilor Norman, added “commercial and” to section “n” so it correctly reads as follow: “n. To preserve and promote the residential and commercial tax base.” In addition make the same correction to Section 1, n. in the final version of the 2011 Town Council Budget Policy Statement. VOTE: Unanimous

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o Councilor Barton announced an upcoming meeting of No Place For Hate and two Martin Luther King Day activities on the 18th.

o Councilor Canedy reported that she had no comments back from councilors on the Wildlife Prevention Preparedness Plan presented at the Dec 17th meeting.

o Councilor Milne announced that John Reed was chosen as a member of the Human Rights Commission. He also mentioned an upcoming Selectmen & Councilor meeting.

o Councilor Crocker asked Councilor Canedy to review the vetting. Canedy explained that it is a county grant; the county does the study and the report is vetted by the Con Com, the Town Manager, and Charlie Genatossio, the Tree Warden. There is one in place in West Barnstable now. Barnstable Fire Chief Crosby is supportive. Councilor Crocker will support it as well. Councilor Barton said she will review it over the weekend. Councilor Canedy said she will ask the county to wait until Monday.

o Councilor Dagwan corrected the date of the Martin Luther King activities to January 17th. She also reminded people to vote in the Special State Election on Jan 19th.

o President Chirigotis announced the Jan. 23 Massachusetts Municipal Association meeting. He is the chairman of the nominating committee and will have a slate on that day.

ORDERS OF THE DAY OLD BUSINESS 2010-053 ALLOCATION OF TAX LEVY FY10 – TAX FACTOR Upon a motion duly made and seconded the public hearing on this item was opened at 9:02 PM. VOTE: no objection Chris Kehoe is in favor of a Factor of 1. Bill Putnam is also in favor of a Factor of 1. It is unfortunate that this has to come up annually. Scott LaJoie, representing the Hyannis Business District, opposes the split tax and favors a Factor of 1. The business property owners are not big corporations but individuals that own 1 to 3 properties in the area. Skip Simpson, Hyannis business owner, spoke in favor of a Factor of 1. Splitting the tax rate is divisive. Deborah Converse, President and CEO of the Hyannis Chamber of Commerce is in favor of a Factor of 1. A split tax would cost a business $8 for every $1 a taxpayer saves. Tina Carey suggested that if a split tax is voted, the council should disregard the tax paid by BID members. They already pay an extra 3%. Dick Andres favors a Factor of 1. Robert Tucker felt a tax increase would affect business like McDonalds and Burger King who have lowered food prices. Joe Cotellessa favors the Factor of 1. Upon a motion duly made and seconded the public hearing was closed at 9:21 PM. VOTE: No objections Councilor Farnham favors a Factor of 1. He explained that this is an annual event mandated by the state. Commercial and Industrial properties are a very small percentage of the town. This year the C & I sector value has gone up, resulting in that segment paying more taxes. An increase in the business tax is a pass through that the consumer pays for in services.

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Councilor Canedy has voted for a split tax in the past. Voters supported a split tax in a non-binding referendum. This year she is supporting a Factor of 1. It is counterintuitive for her to do so this year. She feels the town may not have an accurate picture of the commercial base since bigger businesses may not report accurately and just pay the fine. Councilor Rugo agrees with Canedy. He pursued that fact that there may be businesses who take the penalty instead of paying taxes. The council needs to urge correction; maybe a list of those who opt out should be created. Councilor Munafo raised a point of order stating that Rugo’s point is not on target. Director of Assessing, Jeff Rudziak said his department has received only half of the returns back, many with blanks or errors. These cannot be published because the information is privileged. He suggested asking the state legislature to increase the fines. Councilor Farnham said it is a lightning rod - people who do what they are supposed to do vs. those who don’t. However, people who do not file the form are fined and also subject to a valuation by the assessors on which they are assessed. Councilor Rugo feels it is an insult to the residents and the businesses who are complying. Rudziak said that all who do not supply income information pay the fine or the town has a lien on the property. In addition, if properties who opt to pay the fine are assessed higher and they complain, the appellate tax board would throw it out. There is a tax assessed which may or may not be accurate. A motion was made and seconded to move the question. VOTE: 10 Yes, 1 No (Milne) 2010-053 ALLOCATION OF TAX LEVY FY10 – TAX FACTOR Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby votes to classify the Town of Barnstable under the Classification Act at a Factor of 1 (one) for the fiscal year 2010. VOTE: 11 yes (Roll Call) 2010-054 ALLOCATION OF TAX LEVY FY10 – RESIDENTIAL EXEMPTION Upon a motion duly made and seconded the public hearing on this item was opened at 9:20 PM. VOTE: No objections Tina Carey supports the residential exemption. Upon a motion duly made and seconded the public hearing was closed at 9:22 PM. VOTE: No objections Councilor Milne spoke about the non-binding vote regarding the three tax tools, each of which was endorsed by a majority of voters. He supports the residential exemption and is responsive to the wishes of voters. Councilor Munafo and Councilor Canedy are not in favor of the residential exemption. Councilor Farnham voted no in the past, but is learning that the tax rates in the non-residents’ home communities were higher giving those towns more state allocations. He has changed his mind to equalize taxes. A motion was made and seconded to move the question. VOTE: 10 Yes, 1 No (Munafo)

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2010-054 ALLOCATION OF TAX LEVY FY10 – RESIDENTIAL EXEMPTION Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby votes to adopt a Residential Exemption percentage of 20% for fiscal year 2010. VOTE: 8 Yes, 3 No (Canedy, Crocker, Munafo) (Roll Call) 2010-055 ALLOCATION OF TAX LEVY FY10 – SMALL COMMERCIAL EXEMPTION Upon a motion duly made and seconded the public hearing on this item was opened at 9:44 PM. VOTE: Upon a motion duly made and seconded the public hearing was closed at 9:44 PM. VOTE: A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-055 ALLOCATION OF TAX LEVY FY10 – SMALL COMMERCIAL EXEMPTION Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby votes not to adopt a Small Commercial Exemption for fiscal year 2010. VOTE: 9 Yes, 2 No (Dagwan, Milne) (Roll Call) 2010-072 APPROPRIATION & LOAN ORDER – MARINA ENTERPRISE FUND Upon a motion duly made and seconded the public hearing on this item was opened at 9:56 PM. VOTE: No objection Upon a motion duly made and seconded the public hearing was closed at 9:56 PM. VOTE: No objection Mark Ells gave the bid schedule. About 30 bids have already been taken out. Councilor Canedy asked that ‘the councilor’ be kept in the loop. John Klimm said he needs everyone’s assistance and patience. There will be a series of meetings with slip holders and stakeholders so the construction does not happen in a vacuum. The regular meetings are to begin in the next several weeks. It is an open process. People will be inconvenienced but in the long run it will help. Councilor Crocker asked how the $525,000 came to be. Finance Director Mark Milne explained how the local match requirement was determined. The bond will be able to be paid by the marina enterprise fund. Regarding the actual bonding, Crocker asked if several projects will be bundled. Milne said they would. Councilor Norman asked if this was a state grant and was it based on a percentage of the cost. Milne replied that if the total project is less, the loan will be less. Norman suggested amending the language to reflect that fact. He suggested inserting the words “up to” $525,000 in the item. Milne said he would have to run it by bond counsel. If the cost is lower and there are unexpended bond proceeds, the council is asked to re-appropriate the funds to a new project. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-072 APPROPRIATION & LOAN ORDER – MARINA ENTERPRISE FUND Upon a motion duly made and seconded it was ORDERED: That the sum of $525,000 be appropriated for the purpose of funding the reconstruction of the Barnstable Harbor Marina Bulkhead; and that to meet this appropriation, the Town Treasurer, with the

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approval of the Town Manager, is authorized to borrow $525,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto, subject to the approval of the Town Council. VOTE: 11 yes (Roll Call) (2/3) NEW BUSINESS LATE FILE: 2010-078: APPOINTMENT OF LIAISON TO STATE ETHICS COMMISSION Upon a motion duly made and seconded it was RESOLVED: That pursuant to Chapter 268A §29 of the general laws, the Town Council hereby appoints William Cole, Director of Human Resources, to serve as the Town of Barnstable’s liaison to the State Ethics Commission. Manager Klimm gave the rationale. A motion was made and seconded to move the question. VOTE: No objection VOTE: Unanimous 2010-075 CONFIRM APPOINTMENT OF DIRECTOR OF GROWTH MANAGEMENT Upon a motion duly made and seconded it was ORDERED, that the Town Council confirms the appointment by Town Manager John C. Klimm, of Jo Anne Miller Buntich as the Director of Growth Management. Manager Klimm gave the rationale. This is one of the most difficult positions in municipal government. The person regularly deals with issues about which people on all sides are passionate. Members of the ZBA and Planning Board were on the interview committee. In consultation with other senior managers, he has appointed her. Councilor Norman thought the director should possess a JD. At the onset of the Growth Management Department, the two previous managers have had law degrees. Klimm said that at the time that seemed to be an important aspect of the job. They were good and knew much about land use planning. At this point he feels that is not needed. Joanne has the expertise to be an excellent director. Norman asked if the people who pay the fees might feel better with a lawyer. Norman asked that given the current financial situation, is it wise to enter into a contract. Klimm explained that the position is not a contract and will be subject to appropriation. The workload has grown. Councilor Farnham said the council is very interested in economic development and reinforces those initiatives in the Growth Management department. He would like a report from Mr. O’Brien on what he is doing. He supports the Buntich appointment. Councilor Canedy feels fees are a separate issue. She supports Buntich, who knows the zoning ordinance and is near the legal office if she has questions. Councilor Crocker pointed out that this is brought to the council as a courtesy confirmation. He supports it. Councilor Barton supports the appointment. Buntich has been helpful in putting the Marstons Mills zoning plans together. The department has grown. Councilor Joakim supports the nomination. The department has been cut down and the position is not easy. She gives Buntich credit for her public dealings. A motion was made and seconded to move the question. VOTE: Unanimous

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On Item 2010-075 VOTE: 9 Yes, 2 No (Norman, Munafo) 2010-066 ACCEPTANCE OF A $17,000 TRAFFIC ENFORCEMENT GRANT Chief MacDonald gave the rationale. The grant has been cut to $15,000. Councilor Canedy made as motion which was seconded to amend the award amount stated in item 2010-066 to $15,000. VOTE: Unanimous A motion was made and seconded to move the question. VOTE: Unanimous 2010-066 ACCEPTANCE OF A $15,000 TRAFFIC ENFORCEMENT GRANT Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby accepts a Traffic Enforcement Grant award in the amount of $15,000 from the Governor’s Highway Safety Bureau. VOTE: Unanimous 2010-067 ACCEPTANCE OF A $1,250 CAPE COD CHAMBER MINI-TOURISM GRANT Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts the grant award in the amount of $1,250.00 from the Cape Cod Chamber-Mini Tourism Grant for marketing downtown Hyannis arts initiatives and programs. Manager Klimm gave the rationale. Councilor Canedy asked if this grant was applied for and received last year. Yes it has; this is the 3rd year. Melissa Hersh wrote the grant. Councilor Farnham asked about the source of the money. Klimm said the town funds both the Cape Cod Chamber and the Hyannis Chamber. This has been an ongoing grant and he does not know how the town found out. Farnham is feels all villages should be able to apply. Klimm said he will ask Wendy Northcross how they market the grant. Councilor Canedy added that maybe the town could apply for a grant for all the other villages. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-067 VOTE: Unanimous 2010-068 AMEND ZONING ORDINANCE, ART. III – BUSINESS DISTRICT REGULATIONS – BARNSTABLE VILLAGE Upon a motion duly made and seconded this item was referred to the Planning Board for a public hearing. VOTE: No objection 2010-069 AMEND ZONING ORDINANCE, ART. III – BUSINESS DISTRICT REGULATIONS – HYANNIS VILLAGE Upon a motion duly made and seconded this item was referred to the Planning Board for a public hearing. VOTE: Unanimous (Farnham out of room) 2010-070 AMEND ZONING MAP - CENTERVILLE Upon a motion duly made and seconded this item was referred to the Planning Board for a public hearing. VOTE: No objection

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2010-071 AMEND GENERAL CODE, CHAPTER 76 – SCHEDULE OF FEES President Chirigotis suggested deleting the section on Open Air Parking Lots, since CFAC is studying open air parking and will be making a recommendation. A motion was made and seconded to amend Section 76-4 Miscellaneous Licenses and Permits, by deleting MGL Cha 140 S 192 Open Air Parking Lot Licenses. VOTE: 9 Yes, 2 No (Canedy, Munafo) Upon a motion duly made and seconded this item was referred to a public hearing on January 21, 2010 as amended. VOTE: 10 Yes, 1 No (Canedy) Manager Klimm stated that there are budgetary consequences of not increasing fees. Right now people receiving the services are not paying – the taxpayer is. The town will need to eliminate the service or increase the fees. 2010-073 ACCEPT CHAPTER 183, ACTS OF 2009 – EXTENSION TO ISSUE TAX BILLS Upon a motion duly made and seconded it was ORDERED, that Chapter 183 of the Acts of 2009 to extend the time for mailing the actual tax bills for fiscal year 2010 until January 30, 2010 is hereby accepted. Councilor Farnham wished to be added as a sponsor. Director Rudziak gave the rational. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-073 VOTE: Unanimous 2010-074 ACCEPT ARRA GRANT TO SUPPORT POLICE STAFFING Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council does hereby accept the American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant: To Support Massachusetts Municipal Police Services Staffing, in the amount of $76,785.78. Chief MacDonald gave the rationale. Councilor Crocker asked who wrote the grant. Ann Spillane wrote it. In the second year it will be an infill from retirement. Councilor Munafo asked if it is a Federal grant. It is. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-074 VOTE: 10 Yes, 1 No (Munafo)

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LATE FILE 2010-076 AUTHORIZING STATEMENT OF INTEREST – HYANNIS WEST SCHOOL FACILITY Upon a motion duly made and seconded it was RESOLVED, that having convened in an open meeting on January 7, 2010 the Town Council of the Town of Barnstable, in accordance with its charter, by-laws, and ordinances authorizes the Superintendent of Schools to submit to the Massachusetts School Building Authority the Statement of Interest dated December 8, 2009 for the Hyannis West Elementary School, West Main Street, Hyannis, MA which describes and explains the following deficiencies and the priority category(s) for which the Town of Barnstable may be invited to apply to the Massachusetts School Building Authority in the future: Priority 5: Replacement, renovation or modernization of school facility systems, such as roofs,

windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility.

And hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town to filing an application for funding with the Massachusetts School Building Authority. Councilor Crocker gave the rationale. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-076 VOTE: Unanimous LATE FILE: 2010-077 APPROPRIATE & TRANSFER $80,000 FOR DESIGN SERVICES FOR REPLACEMENT OF HIGH SCHOOL TRACK & ATHLETIC FIELD Upon a motion duly made and seconded this item was referred to a public hearing on February 4, 2010. VOTE: Unanimous A motion was duly made and seconded to extend the hour to complete the meeting business. VOTE: Unanimous Upon a motion duly made and seconded at 11 PM it was voted to go into executive session to discuss the acquisition of land and litigation strategy and not return to public session VOTE: Unanimous (Roll Call) Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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January 21, 2010

quorum being duly present, Council President Frederick Chirigotis called the January 21, 2010 Town Council meeting to order at 7:00 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA. A

PRESENT: Richard Barry, Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo, and James Tinsley. President Chirigotis led the hall in the Pledge of Allegiance, followed by a Moment of Silence.

Guest: Thomas S. Cahir, Administrator of the Cape Cod Regional Transit Authority Town Manager John Klimm introduced the new chief officer of the CCRTA , Thomas Cahir. Cahir gave a history of his past positions including State Representative in the upper Cape area.

• Cahir said he had served with Manager Klimm in the legislature. His focus has been on transportation and the various transportation authorities. He hopes to make a positive difference here on the Cape. He said they have a good vision in place and they hope to bring in some new initiatives.

• They have recently added hourly service and have noticed a 20% increase in

ridership since that was initiated. They have new bus shelters they are placing across the Cape. Cahir said that they are looking at the Villager routes and hope to improve them and he is working with Mark Ells on services. Barnstable is the hub and we want to work with Barnstable to improve the movement of people across Cape Cod.

• We are working on various plans which may include getting a train route from

Sandwich to Lakeville and then on to Boston. We are investing in software to create greater notification and efficiencies. He will pay attention to the bottom line as far as assessments.

Councilor Canedy asked who is the new mobility manager. Cahir suggested that he be called if the councilors have any questions. Julie Q. Schultz is the new manager. Councilor Barton asked about young people and transportation. Is there anything in the works targeting that age group? Cahir said they are looking at all needs for all age groups.

Councilor Crocker asked about the history of ridership and how it pays. What is our assessment? Cahir said we will have public hearings on the B bus and how they assess the fares. Over 40% of the riders are not paying. It will be a straight $3.00 a ride or $1.50 for seniors. The local assessment falls under MGL Ch. 161B. He explained it briefly. You can opt in or out of the CCRTA. Crocker thanked him for his service. PUBLIC COMMENT

Al Baker would like the council to consider taking some of the simple charter changes and passing them through the legislature and change the charter. He sees vehicles of people working that have no markings on them. There are lots of plates that do not say Massachusetts. River Day will be held in May. They are looking for new items that may feed off the watershed theme. He stated that the new Zion Museum is very nice.

Robert Tucker addressed the plates on vehicles that are not from here. Go after the

registrations. You are losing excise taxes. There are still overcrowded houses.

Patricia Grenier, Supt. of Schools invited the councilors to the new Pro Shop at the HYCC that is organized and run by current and former students. Sunday is a Cape Cod Cubs game and part of the proceeds from the shop will go to the Carolyn Fries fund.

Meredith Farnsworth said it has been over 9 months since the sewer project passed

and they have heard nothing. It is hanging over our heads.

Kate Gulliver said we presented a petition for a moratorium on the sewer project. There are no non-compliant homes in the Stewarts Creek area. We have falling revenues, rising taxes and we need cutbacks. You will owe $8M – and have no way to pay it back. There is no reason for moving this forward except for the small savings. You have a committee looking at the whole town for sewering. Please do not go forward. You have never discussed this issue since it was passed. People’s lives are at stake.


Manager Klimm said we have a triple A bond rating; we have not lost it. The CFAC is to report shortly.

Councilor Milne asked for clarification on the costs for the sewer system as

well as Title 5 clarification. He also agreed that there are a few things that could be changed in the charter.

Councilor Canedy said she would recommend another dedicated meeting for

an open discussion on the sewer. It is important to these people and we should continue our discussion publicly.

Vice President Crocker noted that the council does hear about the hardship;

but there are some title 5 systems that are in failure. Hardships on septic systems are real. This is a real issue for all of us.

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Councilor Rugo asked for Mark Ells to respond. Mark Ells has to defer to the Board of Health. Health said there are systems in failure or in some need. There is an 8.8% subsidy. Ells does not have the information but will get it. As far as the Stewarts Creek project, the contracts are in place and DEP is reviewing the paperwork. We would need to get out of the contract for a legitimate reason if they were to stop it.

Councilor Dagwan met the new ladies at the Pro Shop – she found them

capable Barnstable High graduates who were excited for the opportunity. The issue on Stewarts Creek shows that residents want clarity – there is a lot of anxiety and that is not good. We need to give a ball park figure. There is information being circulated that she feels cannot be accurate.

Councilor Barry said everyone is up in arms and it is not an easy issue. You

are hooking up to an existing system. We need to wait for CFAC to do their job. We don’t know what they will propose. We need to relax, wait for them, and have an open discussion.

Councilor Barton said the CAC is going to look at the whole town. The CFAC

is going to be looking at the whole town and the Stewart’s Creek area for financing suggestions. President Chirigotis said CFAC is a standing committee and they have a subcommittee which is looking at Stewart’s Creek and other areas.

Councilor Canedy asked for CFAC timing. It will be soon (Pres. Chirigotis).

Councilor Milne said mid March or April at the latest was when he heard CFAC

would report back.

Councilor Milne asked process wise about the moratorium group petition and how this is handled. How do we respond on this? President Chirigotis said we will look at it and act appropriately.

ACT ON MINUTES Upon motion duly made and seconded it was voted to postpone action on the minutes of January 7, 2010 until the next scheduled meeting. VOTE: 10 Yes, 2 Abstain, and 1 no vote COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF Councilor Munafo brought up the Manager’s yearly review. He asked President Chirigotis what and when are we going to do this. President Chirigotis noted that what we did last year was in compliance with the latest Supreme Court order. It will be scheduled and then we will have a hearing. Chirigotis said he was out of order. Councilor Munafo said there were portions that met compliance. We did not get to ask questions of the Town Manager. President Chirigotis said the review was in compliance. Munafo said we should do it out in the open. He wants a public review. President Chirigotis said we will have a review committee and it will set up the format.

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Councilor Dagwan said there are a lot of organizations who are trying to help Haiti. The Barnstable Sunrise Rotary Club is proposing to send two shelter boxes that cost about $1600 a piece; Each box has a tent, stove, beds, water tablets, and it will be a home for a family of 10. If interested call 508-560-1189. Councilor Milne said there were a couple of incidents in Hyannis (on the 19th) that evolved around homeless individuals and a camp. He had concerns for the homeless and the students as well. There was a motion duly made and seconded to postpone 2010-071 to February 4, 2010 council meeting. VOTE: Unanimous in favor Atty. Ruth Weil said current fees remain in place until they are changed. There appeared to be a couple of different versions of 2010-071 and Councilor Farnham and others wanted all versions in the future to be the current version. It needs to be amended (open air parking lot needs to be stricken) (page 9 – above 140 -56 should be deleted). The council wants the comparison schedule as the rationale. ORDERS OF THE DAY OLD BUSINESS 2010-056 - APPROPRIATE & TRANSFER FROM SET ASIDE-$350,000 FOR AFFORDABLE HOUSING (11/19/09, 01/21/10) Sue Rohrbach spoke on behalf of the Community Preservation Committee that is supporting this appropriation – subject to financing. It will develop 12 affordable units. The units will remain affordable in perpetuity. Attorney Andrew Singer was present on behalf of the Barnstable Housing Authority to explain the Stage Coach Residences for the Barnstable Housing Authority at 70 Stage Coach Rd. and 151 Oak Street in Centerville. He gave information on the BHA and the process leading up to this time. There will be 6 two-bedroom and 6 one-bedroom apartments. It is a cluster development that will comply with all the local and state regulations. (He submitted letters of support in favor of this development – on file with the Town Clerk) Sandy Perry, Ex. Director of the Housing Authority, explained the needs for younger and older people for affordable rentals. There are many who are in need of apartments and this project will seek to help some of them. She explained many of the situations that individuals find themselves in where they need affordable housing. Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing item 2010-056. VOTE: Unanimous in favor

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Royden Richardson said this piece of property shows good planning. The town will be proud of it and it will help meet the needs. He asked for support of this project. Robert Tucker said this is a good idea. Rents are climbing and they are not going down. Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Unanimous in favor

Councilor Canedy said this is the type of housing she has wanted to support. Have the issues on access been ironed out? Atty. Singer said the access question came out of the original development, where the builder, Mr. Dacey created a trust. There is a fee in the trust and there is no trustee since Dacey’s death. All owners have easements in the road that were given when the builder put together the subdivision. The BHA has an attorney and will be completing and taking an easement by eminent domain and will have the rights as others in the area do.

Canedy asked if the council could vote after the BHA has the eminent domain

easement. Singer said the eminent domain will just be recording a document. There is not a public hearing process. Tomorrow is the application funding deadline and we are trying to get the application complete. The request is important. Canedy asked if our funding could be contingent on the issue of access being resolved.

Councilor Tinsley asked where the money is coming from since the $350,000 did not

match the $202,891 that the council set aside in 2009-129. Finance Director Mark Milne said the program had carried forward $458,000 from last year before – so there is about $650,000 in that account and enough to cover the appropriation.

Councilor Munafo asked for a clarification on the number of units. Ms. Perry said 7

units will have affordability built in the rents and 5 will have vouchers with them. She gave the proposed rental costs for one and two bedroom apartments. She also explained the amounts of other funding and sources for the project.

Councilor Norman asked who owns the land. It is the BHA.

Councilor Milne asked about abutter notification. Attorney Singer said that it was done.

Milne said he heard neighbors were not totally happy with this as far as the condition of the road etc. He will not support the project this evening.

Councilor Farnham is very familiar with the project. It is in his precinct. He had

discussions with some of the neighbors. It is an n.i.m.b.y. factor. We have some beautiful affordable units in West Barnstable in two locations. This is our BHA. They are putting 70% of the property into conversation. He is comfortable with this – it is a good project and it is meritorious. You need special financing to pull this off. Make it as good as you can and it is.

Councilor Rugo said there are no irate abutters here tonight. There are conditions built

in and he would urge support.

Councilor Crocker asked about the bedrooms. It is one bedroom per 10,000 square feet. We could have had 24 bedrooms at this location. Crocker asked about financing as well.

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Councilor Munafo said CPC approved this. He said the community outcry does not set

well. The project has been approved. I would be curious if the CPC could say how the deliberations went. The vote was unanimous according to Sue Rohrbach.

Upon motion duly made and seconded it was voted to move the question. VOTE: 12 yes 1 no – (Norman who didn’t think everyone’s questions were answered). 2010-056 - APPROPRIATE & TRANSFER FROM SET ASIDE-$350,000 FOR AFFORDABLE HOUSING (11/19/09, 01/21/10) Upon motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G.L. c. 44B, the sum of Three hundred and fifty thousand and NO/100 ($350,000) Dollars be appropriated and transferred from the amount set aside for Affordable Housing in the Community Preservation Fund on June 18, 2009 under agenda item number 2009-129; and that the Town of Barnstable, Growth Management Department is authorized to expend the amount of $350,000 with the prior approval of the Town Manager for the creation of community housing by development by the Barnstable Housing Authority in development of twelve (12) affordable housing rental units on the property located at 70 Stage Coach Road, Centerville located on map / parcel 173 / 026, contiguous to 151 Oak Street, Map and Parcel 173 / 014, to be bound by an affordable housing restriction, easements or other security on behalf of the Town. VOTE: Roll Call 12 Yes 1 No (Milne)

2010-065 AMEND THE ADMINISTRATIVE CODE BY ADDING SECTION 241-45.2 RENEWABLE ENERGY COMMISSION – (12/02/09, 01/21/10) Manager Klimm gave the rationale and history behind the proposed energy commission. He said he had received inquiries as to where to go for information on these types of matters. He also feels that it makes sense and he also has had individuals come forward who wish to serve on this commission. Richard Elrick was present to answer questions as well. Upon motion duly made and seconded it was voted to go in to a public hearing for the purpose of discussing item 2010-065. VOTE: Unanimous in favor No comments. Upon motion duly made and seconded it was voted to go out of the public hearing. VOTE: Unanimous in favor ♦ Councilor Canedy asked if they could get 9 members. President Chirigotis said there is

good interest and he does not see a problem. It will be a council committee. Manager Klimm said the green team in town works on town buildings. This would be a community committee to provide educational assistance to residents and businesses. Canedy asked what happens when the grant runs out. Klimm said he has no expectation for a new town position. Richard Elrick said there are other committees in other towns that have no town staff behind them.

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♦ Councilor Norman said we have about 30 committees and we have many vacancies. I don’t think we need another layer of a committee or another layer of bureaucracy. There is plenty of information out there. We lost Packaging Industries due to an issue that was later found to be incorrect.

♦ Councilor Milne said we need to reduce dependence upon foreign fuels. Hopes everyone

can support this. ♦ Councilor Munafo noted that it is an advisory board and is responsible to the council and

town manager. He does not feel it needs to be responsible back to the manager. He would like to see stricken “and the town manager” in section 2 – this was made a motion and seconded.

♦ Councilor Farnham said this is standard language in most of the code and he feels it

should stay. Klimm said to form a committee and strike their ability to be able to interact with the manager he does not feel is right. He would hope the amendment does not pass.

♦ Councilor Barton noted that there was a special interest for an Agriculture Committee and

the council added such a committee. These were people who wanted to have this, had great ideas and wanted to contribute.

♦ Councilor Norman asked if we are discussing the amendment. (Yes was the response). ♦ Councilor Milne said maybe you need to put the whole administrative code on the line. It

is boiler plate. A motion was made and seconded to move the amendment. VOTE: Unanimous in favor of moving the amendment. VOTE ON THE AMENDMENT to change C1 and 2. VOTE: 1 in favor (Munafo), 12 No. A motion was made and seconded to move the question. VOTE: Unanimous in favor of moving 2010-065 AMEND THE ADMINISTRATIVE CODE BY ADDING SECTION 241-45.2 RENEWABLE ENERGY COMMISSION – (12/02/09, 01/21/10) Upon motion duly made and seconded it was ORDERED: That Chapter 241 of the Town’s Code be amended by adding the following new section creating a standing Renewable Energy Commission. 241-45.2 Renewable Energy Commission Mission: The mission of the Barnstable Renewable Energy Commission is to promote energy conservation, energy efficiency, the development of renewable energy, and explore other ways to reduce carbon emissions among the town’s residents, businesses, and in municipal affairs. These goals will be accomplished through educational activities and programs

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designed to encourage stakeholders to evaluate to their energy use and to consider renewable energy alternatives. A. Establishment and term of office. There shall be a Barnstable Renewable Energy Commission consisting of nine members who shall be appointed by the Town Council. The Commission members may be selected from the following categories: local utility, state and federal officials, construction managers, architects and engineers, electricians and any other residents with an interest or background in renewable energy or energy conservation. Members of the Renewable Energy Commission shall serve for terms of three years, so arranged that an equal number as possible shall expire each year. All members are required to be registered to vote and reside in the town. (1) Officers: The Commission shall elect the following officers annually at the first meeting of the group after the scheduled appointments:

(a.) Chairperson shall preside at all meetings of the Commission and when he or she is present and shall direct the work of the committee. The chair may appoint annually chairs of any sub committees from the membership as approved by the Commission. The chair shall submit a brief annual report to the town council and the town manager for publication in the annual report of the town. The chair shall ensure continuing liaison between the Commission and the Town Council and all other appropriate town departments, committees and commissions. (b.) Vice chairperson shall assume all duties and powers in the absence of the chairperson. (c.) Clerk shall keep minutes of all meetings and proceedings of the Commission and record any action taken. Clerk shall post notices of Commission meetings and give notice to members when necessary.

(2) Meetings: The Commission’s meetings shall be open to the public, and be held at a regular time and place when possible. The time and place of each meeting shall be posted at Town Hall. All records and minutes of any Commission meeting or action shall be filed with the Town Clerk and be available to the public. Five members shall constitute a quorum. Members shall make every effort to attend all meetings and perform such duties as are assigned. Any member unable to attend a meeting shall notify an officer of the Commission. B. Authorities and responsibilities. The Renewable Energy Commission will be a standing committee serving as an advisory board to the Town Council and the Town Manager. The Commission’s charge is to: Study and recommend viable methods for achieving energy conservation and for utilizing renewable sources of energy within the town.

• Provide assistance/education and outreach to residents on how individuals, families and businesses can implement renewable energy and conservation efficiency measures in their homes, businesses and daily lives.

• Promote energy efficiency programs available through the Cape Light Compact in residential and commercial sectors.

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• Undertake, and update yearly, a town-wide Energy Audit and inventory of energy and Greenhouse Gas emissions for the town and the setting of goals for energy and emissions reductions.

• Review Town ordinances to promote energy conservation and renewable energy use. • Make recommendations to and cooperate and communicate with Town officials,

boards and commissions as well as public and private groups with similar concerns, and with the appropriate agencies of the state, regional, and federal governments.

• Draft an Energy and Climate Action Plan. • Facilitate the implementation of the goals of the Barnstable Energy and Climate Action

Plan to ensure that the savings potential possible through energy efficiency and renewable energy technologies are achieved.

C. Interrelationships. The Renewable Energy Commission will work in cooperation with other Town Boards and Committees, as well as with Town employees, in carrying out its mission and responsibilities. The Commission will also seek the cooperation and assistance of relevant governmental agencies, non-profit organizations, businesses and the general public.

(1) Town Council: The Commission shall meet at least annually with the Town Council to apprise the Town Council of issues pertaining to energy conservation and renewable energy. (2) Town Manager: The Commission meets as necessary with the Town Manager and all municipal departments and/or other administrative staff in order to effectuate accomplishment of its mission. (3) Other boards: The Commission meets as necessary with any multiple-member body of the Town to effectuate accomplishment of its mission.

D. All members shall serve without compensation. VOTE: Roll Call 10 Yes, 3 No (Farnham, Munafo, Norman) Councilor Farnham reminded everyone that the standard procedure for all new committees is that at their one year anniversary they are to report back to the council. Councilor Milne suggested that we openly advertise for members. B. NEW BUSINESS 2010-080 APPROPRIATE & TRANSFER $1,300,000 TO REPLACE HEATING SYSTEM AT BARNSTABLE COMMUNITY HORACE MANN CHARTER PUBLIC SCHOOL. (01/21/10) Upon motion duly made and seconded it was voted to refer this item to a public hearing to be held on Feb. 4, 2010. VOTE: Unanimous in favor

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TOWN MANAGER COMMUNICATIONS Manager Klimm announced that the Barnstable bulkhead bids came in and we will report back as soon as they have been reviewed and evaluated. We are also in the middle of an operational audit of the finance system. Tomorrow and Saturday he and others will be attending the annual MMA meeting. ADJOURNMENT Upon motion duly made and seconded, it was voted to adjourn. ADJOURNED: at 9:48 p.m. Respectfully submitted: Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

NEXT MEETING: February 4th

TOWN OF BARNSTABLE

TOWN COUNCIL MEETING February 4, 2010

Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, February 4, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, and Thomas Rugo. Absent: Henry Farnham, James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. President Chirigotis announced that the Barnstable Airport update, scheduled for this evening, would be continued to the March 4th meeting for public comment. PUBLIC COMMENT Louise DiCecca said when she speaks, as she did at the last meeting, she expects the same tolerance from the council as they would like. If there is no comment from the group, the (Stewart’s Creek) situation will be trivialized. Residents are facing financial burdens and no one in their position would sit back and relax. She appreciated the newly created subcommittee. Al Baker always learns something at meetings – whether he is for or against the issue. He pointed out that if the town is hoping to get funding from elsewhere, the projects have to be shovel-ready or another town will receive the money. John Alden said that the charter will be voted on again. The charter changes in the makeup of the government need to be made. They (charter commissioners) are working hard to get it on the ballot again. A lot is being done right, but other things can be tweaked. Robert Tucker said there was a rumor that a citizen taking a photo of a vehicle with the number plate (illegally) parking in a handicapped spot will get a $50 bonus from the fine. The town will get $50 and good citizen will get $50. It is a good deal. Also, too many people are still occupying houses and exceeding the occupancy limits. Dorothy Hughes does not think the government is of, for and by the people. She touched on various subjects including a moratorium on all spending; the financial burden on the residents at Stewart’s Creek; the residential exemption funds going back to taxpayers, not the general fund; and the inability to find town financial information. Tom Nelson spoke about his property and business taxes having gone up 40% to 60%, while town services have decreased. The town needs to welcome new residents and businesses. He mentioned the recent snow storm and the long time it takes to have a street patched as examples. “The town needs to get it under control.” Tina Carey spoke about overcharges on property taxes this year and about refunds. She would like to know how it happened. The town only collected (proof of residency) forms from about 10,000 of the estimated 15,000 residents causing overtaxing due to smaller exemptions. She suggested there were many suits against the town.

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Gene Hill has been here over 30 years. He has a beef with property values and his has gone up $400,000. Business taxes in Hyannis have doubled. Kate Gulliver spoke about taxes. Right now the payment is by 100% betterment. Contracts have not been awarded yet so there is time to stop the project. This will be a 50% increase in houses in very poor economic times. People don’t have the money. The town needs to have the money prior to other capital projects. COUNCILOR RESPONSE Councilor Munafo was sorry about the disagreement at the last meeting. Councilor Barry explained to DiCecca that he did not mean he was not interested in the subject. But, right now, the proposal is moving away from 100% betterment. As for the residential exemption, he voted on it to save Barnstable residents some money on their taxes. People need to get the paperwork in on the residential exemption and he urged the public to send in the tax form. People who feel they have been treated unfairly should file for an abatement. Councilor Milne said the turnout at the special election was nothing short of a miracle. If 65% came out in January, people should be able to see a comparable turnout for town elections. He is frustrated that there is so much inaccurate information still out there and suggested the finance director or director of assessing explain. The number of suits against the town should be clarified as well. The 100% betterment is not the policy. The rate went up slightly while the assessed value went down in areas. Councilor Crocker also suggested the Assessor speak on the tax issues brought up. He gave several examples of taxes having increased $1,000 and $5,500. The market is taking care of the lower end but no one is taking care of the upper end. Because of the formula, people who are residents, with high home assessments, are penalized. Jeff Rudziak, Director of Assessing, addressed property valuation. All higher valuations were based on a recent sale. 81.5% of all properties went down, at least $1. He had to use 24 months of sales due to the decrease of sold properties. He encouraged people to file for abatement if there seems to be an error. It will be looked over and the board will be apprised. On the 10,000 vs. 15,000 residences, the former assessor had to give the DOR a starting number and selected 15,000. His administration has tried to obtain a clean number and this correction has caused a bump in the values. Councilor Munafo asked about the relationship of the decrease in property value this year over last and the tax shift. Property values went down about $7,000 and about 51% of the taxpayers saw a tax increase. Councilor Dagwan had a question about assessed property in this market. In the current market some homes in the same neighborhood have had a wide range of sale prices which may have skewed the evaluation – some taking a loss and some getting market value. Rudziak said with enough sales of a foreclosure nature, that becomes the market. There have been areas that have had that happen. As the price goes up it becomes more difficult to determine what influenced the price. Councilor Crocker said the consensus of attendees at a recent Board of Realtors meeting, of which he is a member, is that the freefall in the market is over. Rudziak agrees with that observation. Crocker said there will be some unhappy taxpayers who will file abatements. This is unavoidable. Finance Director Mark Milne said 4,700 residential property owners had not sent in the paperwork in time. It was decided to put them back in the system giving them the benefit of the doubt. If the town

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had not done so, they would have given refunds to all the others and this would have put the town in a negative spending place. Councilor Crocker said the decision had to be made based on what was best for the town’s cash flow. He applauded the effort. Director Milne explained that the overall spending is controlled by Prop 2 1/2. If the 4,700 people, who failed to return the form, did not qualify as residents, the town would have to give refunds to those who did qualify. In addition he would have to boost funds in the account that would be used to pay abatements, since there might be more abatements filed by some of the 4,700. The levy would have been exceeded. Since that cannot happen, other areas of the budget would have to been cut by $3M to issue the refunds. Councilor Dagwan asked if the population of people who did not apply is identified. Milne does not have demographics. Milne said they will file the paperwork when they learn that they will be taxed another $700. Milne could set up a database to see if they came from specific areas. Councilor Munafo asked when the rebilling would occur. Subsequent bills for those who did not file will be sent 30 days before the tax bill is due. The paperwork must be in by May first or the person will lose out on the exemption. Councilor Canedy felt some people did not want to send in their tax form. They need to know that everything could be blocked out except the name and address.

• Guest: Senator Rob O’Leary Senator O’Leary thanked the councilors for their service to the town.

• The Governor intends to level fund Local Aid and Chapter 70. There is no appetite for the Governor’s tax increases by the legislature. The Legislature will make some deeper cuts, possibly in school and local aid.

• This year’s Education Reform Act is the biggest since 1993. It lifts the cap on charter schools in underperforming districts and makes them more accountable. Some issues have not been revisited since 1995. Barnstable has two of the seven Horace Mann schools in the state.

• Massachusetts has the best public schools in the country based on test scores and the state rates fourth or fifth worldwide. The bottom 20% of test scores, however, is at the bottom.

• The Commonwealth will be qualified for Race to the Top money from the Federal Government, in the amount of $288M, if the state qualifies.

• He also worked on Wind Energy Siting Reform bill. The public agenda needs to get ahead of the private agenda. This final version is streamlined, more objective, and preserves local control.

• He would like Barnstable to be a part of the Cape Cod Bike Path. There is money to extend the trail from Dennis to Willow St. in Yarmouth. It will be Barnstable’s turn to step up and be the next leg of this. He would like the Council to get about the business of figuring this out.

Councilor Canedy said she owes him a debt of gratitude regarding his support of the funding for repairs of Barnstable Harbor. Councilor Crocker spoke about the funding for the new airport terminal. Disbursements of airport funds may be spread over three fiscal years instead of 2, causing the town an interest expense. Sen. O’Leary had not heard about it and will be available. Town Manager John Klimm added that the entire Cape legislative delegation is in support of the town day and night. He is deeply appreciative.

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Councilor Barry asked him for his position on the Striped Bass bill. O’Leary is opposed to Rep. Matt Patrick’s bill and spoke on it. It is unclear that there is a problem. The bill removes commercial fisherman from catching the Striped Bass and reserves the fish as a purely a recreational fish. This is a 100% burden on the commercial fisherman. The legislature should not be involved. The regulatory agencies should deal with it. Councilor Munafo asked was there Federal and State money for the bike path. The Senator said there will be Federal money and also a State match. If the Cape does not access it, it will be spent elsewhere in the state. Yarmouth has been working at this for 5 to 6 years. Barnstable should begin the ground work. Councilor Milne thanked him for leadership at a meeting relative to mosquito control. Milne brought up the issue of wastewater and thanked him for his assistance. He asked if there was any further progress on wastewater and he asked if he could help change the $50 penalty levied on commercial landowners who do not file required personal property information to the assessors. With such a small penalty, there is no incentive to file and pay the tax. Milne favors the bike path. Sen. O’Leary has not heard of the $50 fine issue but will look into it. ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of January 7, 2010 as written. VOTE: Unanimous (Canedy abstained) Upon a motion duly made and seconded it was voted to accept the minutes of January 21, 2010 as written. VOTE: Unanimous (Canedy abstained)


• Councilor Munafo said the Council needs to review their administrator and also asked about the status of the Town Manager Review Committee. President Chirigotis said he, the Vice President and the past president comprise the Review Committee. It, as well as the Appointments Committee, will be meeting shortly.

• Councilor Dagwan announced Black History Month events at the Zion Union Heritage Museum. The Youth Center United Cultures Room is also sponsoring various activities involving people of all ages.

• Councilor Milne asked the Town Manager to clarify some items mentioned in public comment. Also he announced the upcoming Selectmen and Councilor meeting which will be reviewing the County Charter. Input from the council on restructuring and improving the charter is needed.

ORDERS OF THE DAY

OLD BUSINESS 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET ASIDE FOR OPEN SPACE President Chirigotis announced that this item will be continued to Feb. 25, 2010.

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Councilor Munafo suggested removing it in lieu of postponing it yet again. Town Attorney David Houghton said it was before the Housing Appeals Committee and partnering with Cotuit Fire. Councilor Canedy suggested taking it off the agenda and refiling it when the other groups are ready. President Chirigotis pointed out that it will require a first reading if it is taken off. Councilor Barry explained that the town did not want to go thru the DEP with a conservation restriction. The Cotuit Fire District voted for the conservation restriction. There may be a resolution later this month after a vote of the fire district.

2010-071 AMEND GENERAL CODE, CHAPTER 76 – SCHEDULE OF FEES Upon a motion duly made and seconded this time will be continued on March 4, 2010. VOTE: No objection 2010-077 APPROPRIATE & TRANSFER $80,000 FOR DESIGN SERVICES FOR REPLACEMENT OF HIGH SCHOOL TRACK & ATHLETIC FIELD Upon a motion duly made and seconded the public hearing was opened at 8:45 PM. VOTE: No objection Patrick Murphy, School Committee Member, introduced Superintendent Patricia Grenier who said she had a PowerPoint presentation which combined a discussion of both Item 2010-077 and Item 2010-078. David Lawler and Tom McDonald were also present. 2010-080 APPROPRIATE & TRANSFER $1,300,000 TO REPLACE HEATING SYSTEM AT BARNSTABLE COMMUNITY HORACE MANN CHARTER PUBLIC SCHOOL A motion was duly made and seconded to open a public hearing on Item 2010-080 at 8:47 PM. VOTE: No objection Superintendent Grenier made the presentation. (See Exhibit A) Councilor Crocker revisited the success of converting this to a Horace Mann Charter School and just heard Kindergarten registrations number over 90 enrollees across all villages. As for the track and field, he feels it is an accident waiting to happen. He applauds the effort. Councilor Munafo has no doubt that it is needed but does not like the source of the money for the Horace Mann repairs. Supt. Grenier said she could have made it a capital improvement project but it would have exceeded the range of funding available to them, thus endangering funding for window repairs, etc. The Grade 5 School sale proceeds was money for facilities and this appeared to be a perfect use. Grenier said this was an optimal time for going out for bids. If they are low, the projects will be completed with just the sale funds – no override. The council may receive up to $650,000 from the SAB. There is about $2.6M - $2.7M left in the sale fund. Councilor Canedy suggested many energy grants and opportunities and hopes the School Committee pursues some of these options. There is also money in the CPA for recreation funding. Grenier is looking to pursue other funding sources and hopes this is considered a shovel-ready project. Maybe the town can access some energy funds for this purpose. Manager Klimm will make the grants person aware. Melissa Connolly, whose son is in the first grade, supports the release of the funding to replace the heating system. The heating system has failed two times and is over 50 years old. The new greener system will provide a safer environment.

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Janelle D’Aprix also supports the appropriation for a heating system. Classrooms both overheat and are too cold. She pointed out that the school has a family from every precinct. Ken Keenan, Principal Barnstable Community Horace Mann Charter School, said Kindergarten enrollment has increased from 53 to 97. He urges support. Beth Ann Allan, a third grade teacher and member of the board of trustees, said her students have been keenly aware of the temperature, which was pegged at 100 degrees by some students. She turned this into a learning experience on daily temperature and its variability. This culminated in a class notebook (which she showed) entitled “What’s Up With The Temperature?” She encourages support. Steve Francis, BHS Athletic Director, wants to feel the same pride from the new turf field that he feels at the school. Doug Crook, football coach, wants the kids to use the field for all its uses and asks the council for support. Robert Tucker pointed out that if someone falls on the track, someone will be sued. He supports the item. Traci Wyse spoke in support. Her family is from the south and her first grade son calls his classroom “the Arkansas Room” because it gets so hot. Jen Sawyer has two at the charter school. The heating system is wasteful and not efficient. Cheryl Quast, a member of the PTO, asks for support. She has one child is in the “hot zone” and the other is in the “fluctuating zone.” Upon a motion duly made and seconded the public hearings on these items was closed at 9:24 PM. VOTE: No objection Councilor Norman said the funds support the upgrade of the heating system but feels the field repair will use resources that could be used to upgrade a facility at a later date. The athletic facility is under the purview and control of manager. He feels the funds must be used for the school facility and questions if they can be used on the athletic facility since it is also used by Recreation Department. Attorney David Houghton said the answer may depend on how the town acquired it – for school purposes. A discussion ensued regarding who oversees the field when the school is closed 25% of the time – the School Committee or the Recreation Department.

• Councilor Norman feels the oversight is addressed in the Charter while Councilor Milne suggested it might be in the Administrative Code. Norman is not in favor of the athletic field funding because he feels part of it is under the control of the Recreation Department.

• Supt. Grenier said the schools use it all but one month in the summer. The Rec. Dept. has done nothing to any fields; the high school field has no Rec. activities on it. The DOR has determined it is an appropriate use of the funds.

• Finance Director Milne said the funds are from the sale of schools and have been put in a special revolving account for any purpose that one would borrow to fund.

• David Lawler, former School Committee member, added that the sale of the fifth grade school included fields, supporting that this is a legal transfer of the funds within the letter and the spirit. An additional revenue source may be available down the road as other closed schools

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are sold. The town closed the four oldest schools with the most facility needs. Now there is money to repair the existing schools.

• Councilor Barton suggested moving on since this appears to be appropriate use of the money. • Councilor Barry asked Lawler what the estimated figure was for the track and field; it is about

$1.2 M. This fund and possible other sources will provide enough funding for the expenditure - $1.4 M based on the economy. Barry listed some school facility repairs at West Barnstable that were pinpointed in the 2006 SBA recommendations and have still not been done. He understands the need to repair the track, but feels the expenditure for the football field is unnecessary. You can still play football on grass.

• Mr. Murphy explained that the closure of schools has provided revenue for facilities repairs and the director of facilities has itemized facility issues. Sixty percent of the children are in one facility and 100% of children will be using this field. This facility will serve more children that the new youth center.

• Councilor Canedy pointed out that this money is for the design. A motion was duly made and seconded to close the public hearing on Item 2010-080 at 9:48 PM. VOTE: 11 YES A motion was duly made and seconded to close the public hearing on Item 2010-077 at 9:50 PM. VOTE: 9 YES, 2 NO (Norman, Barry) 2010-077 APPROPRIATE & TRANSFER $80,000 FOR DESIGN SERVICES FOR REPLACEMENT OF HIGH SCHOOL TRACK & ATHLETIC FIELD Upon a motion duly made and seconded it was ORDERED: That the Barnstable Town Council hereby appropriates $80,000 for the design of a replacement of the Barnstable High School track and athletic field and to meet the appropriation that the town transfers a sum of money from the proceeds of the sale of the Grade 5 School. VOTE: 9 Yes 2 No (Roll Call) (Barry, Norman) 2010-080 APPROPRIATE & TRANSFER $1,300,000 TO REPLACE HEATING SYSTEM AT BARNSTABLE COMMUNITY HORACE MANN CHARTER PUBLIC SCHOOL Upon a motion duly made and seconded it was ORDERED: That the sum of $1,300,000 be appropriated for the purpose of funding to replace the existing main heating system utilizing oil-fired steam boilers and the existing classroom unit ventilators at Barnstable Community Horace Mann Charter Public School with gas-fired hot-water-condensing boilers and energy recovery ventilators; and that to meet this appropriation, the sum of $1,300,000 be transferred from the sale of real estate account where the proceeds from the sale of the Grade 5 School building are held in accordance with state law. VOTE: 11 Yes (Roll Call) Recess 9:50 PM – 10 PM

NEW BUSINESS 2010-079 AMMEND CHAPTER 241 OF THE CODE, SECTION 241 ATTACHMENT 1 Upon a motion duly made and seconded this item was referred to a public hearing on February 25, 2010. VOTE: Unanimous

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2010-081 RESOLVE TO OPPOSED HOUSE BILL 796 RELATIVE TO THE TAKING OF STRIPED BASS Upon a motion duly made and seconded it was RESOLVED: that the Barnstable Town Council hereby states its opposition to House Bill #796 sponsored by Representative Matthew Patrick titled “An Act Relative To The Conservation of Atlantic Striped Bass”. Councilor Barry gave the rationale. This bill makes it illegal to catch the striped bass and sell them. The striped bass resource is very healthy. A minimum length of 28” for the striped bass allows them an opportunity to reproduce. They do not breed if they are smaller. President Chirigotis opened a public hearing for input. Dave Henderson has been following this for several years. He and his uncle are commercial fishermen. There are tons of bass offshore. He supports leaving any decision to the fishery management people. Peter Jasin, is also a commercial fisherman, although he does not striper fish. Stripers had a decline due to water quality and they have made a marvelous recovery. He appreciates Councilor Barry bringing this issue to the forefront. Seeing no one else who wished to comment, the public hearing was closed at 10:09 PM. Councilor Munafo encourages all to make sure this does not pass in the legislature. Councilor Barry said Rep. Demetrius Atsalis is on the same committee. Both he and Sen. O’Leary are opposed to the legislation. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-081 VOTE: Unanimous. 2010-082 GIFT ACCEPTANCE $1,000 FROM WEQUAQUET LAKE PROTECTIVE ASSOCIATION, INC. Upon a motion duly made and seconded it was RESOLVED, that the Town Council does hereby accepts a gift in the amount of $1,000.00 from the Wequaquet Lake Protective Association, Inc. to be used by the Marine and Environmental Affairs Division for the purchase, maintenance and placement of regulatory buoys and signs in Wequaquet Lake Manager Klimm gave the rationale. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-082 VOTE: Unanimous 2010-083 GIFT ACCEPTANCE $5,727.50 FROM THREE BAYS PRESERVATION, INC. Upon a motion duly made and seconded it was

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RESOLVED, that the Town Council does hereby accepts a gift in the amount of $5,727.50 from the Three Bays Preservation, Inc. to be used by the Marine and Environmental Affairs Division for the cooperative 2009-2010 Oyster Propagation Project. Manager Klimm gave the rationale. Lindsey Counsell said the gift will allow the purchase of last year’s oysters. This follows an effort in the Chesapeake to introduce locals stocks. Councilor Munafo asked if there were any results on whether oysters affect the nitrogen. Counsell said they do decrease the pollution as evidenced by a 1-3 % reduction in the nitrogen. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-082 VOTE: Unanimous TOWN MANAGER COMMUNICATIONS Manager Klimm reported that he had attended workshops at the recent MMA conference and would like an opportunity for an informal discussion to share information learned at the conference. Assistant Town Manager Tom Lynch, President Chirgiotis and the town manager attended the 15th session of the Citizen’s Leadership Academy. Initially there was skepticism of whether the citizens would be interested – to date 450 have graduated from the academy. It shows that people do love and care about the community. Numerous questions about stimulus money will be addressed shortly via a new section on the town’s website regarding Stewart’s Creek. Barnstable has been recognized by a national organization for the superior attempts at communication and outreach to the public for the past 10 years. Klimm said he has been criticized for bringing things to the council that some do not know about – late files, etc. He asked any councilor with a question about something on the agenda to call or send an email. He can be more responsive if the concerns are know beforehand. Upon a motion duly made and seconded the meeting was adjourned at 10:25 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN COUNCIL MEETING February 25, 2010

quorum being duly present, Council President Frederick Chirigotis called the February 25, 2010 Town Council meeting to order at 7:00 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA. A

PRESENT: Richard Barry, Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan (7:20 p.m.), Henry Farnham, Janet Joakim, J. Gregory Milne, John Norman, Thomas Rugo, and James Tinsley. ABSENT: James Munafo, Jr. President Chirigotis led the hall in the Pledge of Allegiance, followed by a Moment of Silence. State Representative Matthew Patrick - Striped Bass Legislation – House Bill #796 (Rep. Patrick cancelled earlier in the day.) Americorps Cape Cod Ashley McCord and 3 other members of Americorps were in attendance to tell the council what they do. They serve four focus areas on the Cape. Six are living in Hyannis and perform various services. They do group service such as a community garden at 725 Main Street. They will be serving the West Barnstable Fire Department on a project next week. They also work within the town departments on various projects. Each of the members described some of the jobs they perform. One member also works with HAC. There is a Barnstable Big Fix that will be held in May to help elderly with some small fixes that can mean a lot. [email protected] is the email address for more information on this event. (See Exhibit A attached for Americorps information). PUBLIC COMMENT: Judy Desrosiers read into the record a thank you letter to Americorps from Meetinghouse Farm. (See Exhibit B attached). She pointed out various site improvements they have completed. She felt the work was an example to others and she was most grateful. Patrick Paquette said thank you. He has worked with many fishing organizations such as the Cape Cod Salties and they have come out against H#796. He thanked the council for going against the issue. There are a lot of recreational fishermen who are against it. Al Baker wants individuals to receive requested information in a timely manner instead of the last minute. He announced various activities that will be held in Marstons Mills. Mr. Tucker said those in jail have TV, yet others on the outside can’t afford it. He is concerned about individuals having their cable shut off. Meredith Farnsworth thanked the council for the promptness of the CFAC report.

mailto:[email protected]

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President Chirigotis noted that there will be a workshop with CFAC on March 11 at 7 p.m. regarding this report. (See Exhibit C for a copy of the report). Brief recess from 7:25 p.m. – 7:28 p.m. Coastal Resources Plan Workshop

• Coastal Resources Committee chairman, Robert Jones, introduced the committee members who were charged with bringing forth a Coastal Resource Management plan. Present were: Dennis Houle, Chris Gargiulo, Andre Sampou, Stu Rapp and Carol Ridley from Ridley Associates. Mr. Jones also thanked many others who helped in this process.

• He identified the committee’s charge. They looked at the Camp Dresser McKee plan

done in the 1990’s. They took the plan, reviewed it and studied it. Much of it was out of date, and it appears as if it was not utilized. They do not recommend going ahead with a state harbor plan. The territory is huge in the three bays and Centerville area. They aimed for a balanced plan for all.

• They collected data and kept accepting it up until the end. (See Exhibit D). Water

quality was the number one concern.

• They do not recommend going with a state approved plan. That process is more useful in an industrial harbor. The performance standards by our boards are more than satisfactory. They found no problems with hydraulic harvesting and suggested that it could continue. Docks are not the problem but motorized vessels are the problem.

• Ms. Ridley reviewed a Powerpoint of the highlights of the report. She stated the

goals, objectives, and reviewed the planning process. The study area included three bays and Centerville River. They have 6 chapters in the report that deal with management issues. It covered marine services, facilities, shellfishing, natural resources, water quality, stormwater management and all manner of issues dealing with the area.

• Councilor Barry thanked the committee for their hard work. He addressed non-

motorized vessels in a relay area. The practicality of the situation and limited environment will not necessarily work and how do you keep motorized vessels off the docks. Mr. Jones explained the process and reasons behind coming to this decision.

• Councilor Farnham asked about the number of moorings and what they include. The

demand for moorings is huge, stated Jones. Farnham asked about outhauls. Houle defined an outhaul. There are about 9 outhauls in the Bay St. area of Osterville. They are recommending that the outhauls be regulated. Farnham also asked if the committee worked on or saw potential areas for additional public ways to the water. Jones said no. Farnham suggested maybe the committee could look at studying that further. Stu Rapp said this has been discussed for years and suggested that the council look to Growth Management to see what we have and what is owned by us. Pres. Chirigotis reiterated that this has been studied.

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• Councilor Joakim said we have tried to acquire properties and rights for the public but

it has been difficult, since neighbors do not necessarily want it next to their homes.

• Councilor Rugo said 20% of the moorings are not in the water or in the fields and how are we going to follow up on this. Twenty percent represents the possibility of more moorings for those waiting. Jones said they are looking at different mooring systems that will hold more boats. A recent change in the regulations seems to have made a reduction in this percent (requiring boats to be at the mooring for a particular period of time).

• Councilor Canedy would like to hear from Mr. Rapp or Sampou on their feelings on

the docks. Sampou said enforcement is a problem no matter what. They looked at ways to help enforcement – recommend color coatings for non-motorized vessel docks so they could be identified for all. Rapp said the shellfish committee is not interested in structures in these areas. He opposed the vote on the non-motorized vessels. You open the door with a dock – boats will come. Houle said there are a lot of competing interests and rights. They tried to balance these interests.

• Councilor Milne said we have a right to regulate this area. He asked about the

number of piers that are limited to non-motorized. No number was available. There are very few issues with non-motorized docks.

• Councilor Joakim agreed that there needs to be a way to identify the docks and

piers. She questioned outhauls and their lack of permitting.

• Vice President Crocker asked about replanting eel grass. Jones said you can plant but it does not survive. Unless the water quality improves it won’t take. Jones said we really need to do a lot to improve the water quality. That is the big thing. Crocker asked if the temporary piers and docks should be timed around certain peak shellfish birthing times.

• Councilor Tinsley said 6 pages of a large report deals with docks and piers. It is a

small but important piece.

• President Chirigotis acknowledged that the major problem is water quality. Jones said the Centerville River has a ½ day flush rate which is not bad.

ACT ON MINUTES Upon motion duly made and seconded it was voted to approve the minutes of Feb. 4, 2010 with the following corrections: page 4 – 3rd paragraph – 4 lines down – landowners who do not file “personal property” it should be income and expense and read legally required income and expense information. Page 5 second to last paragraph add to the end of Councilor Canedy’s statement “opportunities were available.” VOTE: Unanimous in favor as amended (2 abstain Farnham and Tinsley)

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COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Canedy wanted to update the council on the Bush-Brown property (vote 2009-103) where we partnered with the water district. The district has asked for a letter to clarify the vote. She explained the various issues that have come to pass regarding the cost, grant etc. She wanted the consent to the changes and to allow President Chirigotis to write such a letter. (See Exhibit D) Town Attorney T. David Houghton said the best method would be by vote. Vice President Crocker said this is a re-confirmation of a vote. President Chirigotis stated that he would sign the letter and the consensus of the council was in agreement. Some event announcements were made: Councilor Farnham made an announcement of the Farmers Market every other Saturday at Liberty Hall. Councilor Tinsley said that he and other councilors went to the high school to see how the cafeteria ran and they were very impressed. Councilor Barton announced a couple of items including chicken pot pie supper at Liberty Hall; and President Chirigotis mentioned a spaghetti dinner at Cotuit Federated. ORDERS OF THE DAY A. OLD BUSINESS 2010-016 APPROPRIATION & TRANSFER $137,500 FROM COMMUNITY PRESERVATION FUND SET ASIDE FOR OPEN SPACE INTRO: 08/06/09, 09/03/09, 09/17/09, 10/01/09, 10/15/09, 11/05/09, 11/19/09, 12/03/09, 02/04/10, 02/25/10 Upon motion duly made and seconded a public hearing was opened. VOTE: Unanimous Laura Shufelt, Vice Chair of the CPC recommended that the council support this request. Upon motion duly made and seconded it was moved to amend this motion by striking conservation restriction on the last full line on the left margin and inserting in place thereof perpetual easement. VOTE: Unanimous in favor Attorney Charles McLaughlin gave an overview and a Powerpoint presentation. He stated that they have an agreement with Cotuit Fire District to protect the wellhead. The concern was any pollution entering could flow to the wellhead and pollute it. The area in question will be subject to a perpetual easement that will be shared with the Fire District and town. This will allow testing at any time and will be set off from the rest of the parcel. They propose to build 8 units with 13 bedrooms and no lofts. He explained the various settlement elements. There will be a gain to the town as far as taxation. They are pleased to recommend this. Upon motion duly made and seconded it was voted to close the public hearing at: 10:02 p.m. VOTE: Unanimous in favor

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The developer is Bay Point, LLC. Councilor Milne asked about the septic system. Ms. Shufelt said it is a Bioclear and has nitrogen treatment. McLaughlin said Bioclear is a significant improvement over Title 5. Councilor Dagwan asked what is an age restricted unit. Shufelt said they will be restricted to 55 years and older. McLaughlin said the less intense use by not having children was agreed upon. Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G. L. c. 44B, the sum of One hundred thirty seven thousand five hundred dollars and no/100 ($137,500.00) be appropriated and transferred from the amount set aside for Open Space in the Community Preservation Fund on June 18, 2009 under agenda item 2009-129; and that the Growth Management Department is authorized to contract for and expend the amount appropriated with the prior approval of the Town Manager for the acquisition of a conservation restriction on 1.05 acres of land located at 671 Main Street, Cotuit, MA., Map / Parcel 036/015. VOTE: ROLL CALL 12 YES 2010-062 DCPC IMPLEMENTING REGULATIONS-CRAIGVILLE BEACH DISTRICT INTRO: 12/03/09, 02/25/10 Upon motion duly made and seconded it was voted to continue this item to March 4, 2010. VOTE: Unanimous in favor 2010-079 AMEND CHAPTER 241 OF THE CODE, SECTION 241 ATTACHMENT 1 INTRO: 02/04/10, 02/25/10 Town Manager Klimm gave the rationale. Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was ORDERED: that the Council hereby designates the Citizens Advisory Committee and the Renewable Energy Commission with Special Municipal Employee status for the purposes of the Conflict of Interest Law, Chapter 268A, and that the Code of the Town of Barnstable Chapter 241, Section 241 Attachment 1 is hereby amended by adding the Citizens Advisory Committee and Renewable Energy Commission to the list of multiple-member bodies, so designated. VOTE: Unanimous in favor B. NEW BUSINESS

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2010-084 ACCEPTANCE OF A $36,000 GRANT FROM MASS CULTURAL COUNCIL FOR

FY10 INTRO: 02-25,2010 Manager Klimm gave the rationale Joanne Miller Buntich said this was the 5th year we received funding. Melissa Hirsh and Marjorie Watson are responsible for getting this grant. Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was RESOLVED: That the Town Council does hereby accept the grant award in the amount of $36,000 from the Massachusetts Cultural Council’s John and Abigail Adams Arts Program VOTE: Unanimous in favor 2010-085 ACCEPTANCE OF A $83,674 GRANT FROM THE EXEC OFFICE OF ELDER AFFAIRS INTRO: 02-25-2010 Manager Klimm gave the rationale. Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Lynne Poyant said that Madeline Taylor was responsible for the formula grant; and they were thrilled that the State included a 50 cent per senior increase. Upon motion duly made and seconded it was RESOLVED: That the Town of Barnstable hereby accepts a grant of $83,674 from the Executive Office of Elder Affairs to support staff salaries and programs of the Barnstable Senior Center. VOTE: Unanimous in favor 2010-086 AUTHORIZE TOWN MANAGER TO ENTER INTO A LEASE AGREEMENT – CCRTA - INTRO: 02-25-2010 Manager Klimm gave the rationale. Vice President Crocker asked about where the vehicle will be stored. Ms. Poyant said it will be housed at the Senior Center and is handicap accessible. Councilor Canedy asked about it not being new. It was pointed out that it was a new 2009 vehicle. Poyant said they had not had any problems with prior vehicles. Upon motion duly made and seconded it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was

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RESOLVED: That the Barnstable Town Council hereby authorizes the Town Manager to enter into a five-year lease agreement with the Cape Cod Regional Transit Authority for a 2009 Ford Eldorado Bus to support the Silver Express transportation program. VOTE: Unanimous in favor Lynne Poyant announced that Siobhan Magnus was the first to move forward on American Idol this evening. TOWN MANAGER COMMUNICATIONS Town Manager Klimm received a letter from a person who observed a lady walking and picking up trash along the roadways in the Craigville area. The observer wanted to thank her for her work. Manager Klimm suggested that possibly we need a way to acknowledge individuals like this who do things for the community that make a difference. Klimm said he knows another man who has done this in Hyannis. Maybe we have to look at thanking them. He met with Andy Gottlieb to discuss sewering and wastewater issues, as to why we need to be talking about sewering so often and how we can pay for it. Klimm went to the Heart and Soul event at the Senior Center along with some other councilors and said it was terrific. On Monday he met with the District Conservationist. The Cape has been awarded a large amount of money to deal with things like herring runs and storm run-offs. He was looking for projects and our list was lengthy. He hoped some of our requests would be filled with those monies. The JFK Memorial donations fund the sailing program. He thanked the trust fund committee on this. ADJOURNMENT Upon motion duly made and seconded it was voted TO ADJOURN. ADJOURNED: at 10:25 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

NEXT MEETING: March 4th

TOWN OF BARNSTABLE

TOWN COUNCIL MEETING March 4, 2010

Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:04 PM, on Thursday, March 4, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo (7:15) and James M. Tinsley, Jr. Absent: James Crocker, Jr., Janet Joakim. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence.

Airport Terminal Workshop Present: Daniel W. Santos, Chairman Airport Commission and members, Michael Dunning, John Griffin, Timothy Luzietti and Ronald Persuitte; Bud Breault, Airport Manager; and Christopher Willenborg, Executive Director, Massachusetts Aeronautics Commission, Mass. Department of Transportation. Chairman Santos said the workshop would provide an update on the status of the airport improvement projects in order to obtain a positive vote of the council on the item supporting the airport’s capital improvement plan. He introduced Airport Manager Bud Breault who made the presentation. Manager Breault, via a PowerPoint presentation (Exhibit A), reviewed responses to the 19 Resolves, adopted by the council in 2007. Director Willenborg spoke about the process of creating the capital improvement plan for the four Mass. DOT divisions. They look to spread the costs over 3 years. Manager Breault described the impact of the proposed new road and environs. There will be only an entrance onto the rotary from the new airport road.

• Councilor Munafo asked about the zero town liability. For example, what happens if economic conditions change and the state backs out? Breault said the airport would sell land to meet such a contingency. They are looking at revised fee structures to be able to cover all expenses and anticipate increased parking revenues.

• Councilor Canedy had questions on funding additional construction and soft costs; the town’s responsibility for lack of reimbursement; having a hazardous waste plan; construction during a busy time of year; and involvement of the Yarmouth representative. Breault explained that a wide variety of costs are included in the $20M budget. Any lack of reimbursement would be covered by airport funds or rolled into the general obligation bond. There is a hazardous waste plan. Breault is hoping to have the construction fenced and there is a method to route traffic. The old terminal and facilities will not be demolished until the new are built, so there should be no public impact. The Yarmouth representative and a Yarmouth selectman have been supportive. Breault and the selectman have worked closely with Yarmouth on issues. Canedy asked Director Willenborg how confident he was of the current support, given that airport administrators have changed over the years. He said the bond issue (project began in 1999), has been included in this year’s budget as well as the DOT’s five-year capital projects program. This project is fully supported. However he does not anticipate stimulus money for the building; this has to be an FAA eligible project, and the FAA is doing the access road not the building.

• Councilor Milne asked if the town could possibly be responsible for the general obligation bonds. Breault said payment should come from fees; failing that, airport reserve funds can pay it back. There will be no obligation back to the town. What about Passenger Facility Charges?

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How comfortable is the commission on PFCs and how do the two tenants at the airport feel about these? Breault said these have not been implemented yet but were passed unanimously by the commission. There have been some concerns by the two airlines about losing traffic to the ferries, but a $2 charge per ticket would not be a deterrent. PFC change needs an application process and FAA approval. This one is small in comparison to the maximum allowed of $4.50. Barnstable is one of the few airports that have none. Milne is pleased that the commission is willing to put up some land as collateral if the worse happens. Why the change of heart on the sale of the property? Possible sale funds would revert to the airport and be useable for airport improvements and other related expenses. The commission would work with the Town Manager if a sale were to occur and would still have to get approvals on appropriations from the council.

• Attorney Bruce Gilmore explained that Kmart is subject to a $10M mortgage now; if a catastrophic event of failure of funding occurred, and properties had to be sold, the FAA would approve, so money could be used to pay down airport obligations.

• Councilor Dagwan asked about fees. Breault reviewed the fees: sale of fuel, landing fees, concession fees, parking fees, etc. As for job opportunities, a few more permanent jobs would be realized in the terminal, as well as the hope that more people and traffic will bring in more jobs.

• President Chirigotis pointed out all the other documents given to the councilors that should be reviewed.

• Councilor Norman asked Breault to comment on the exclusivity of fuel sales as well as other charges. The airport already has the exclusive right to sell fuel, has had CFC charges approved and is waiting for approval of the PFC charges, which are on the fast track. The court case on the right to sell fuel was won, then appealed and Breault is confident the appeal will not be successful. Norman also questioned the projected 8% increase in both revenue and operating expenses in the proforma. Breault felt 8% was a little high and thought they were looking at more like 3%. He will review the numbers. There have been cuts in the overall budget for next year; they are being very cautious.

• Councilor Tinsley asked if the average cost per passenger included the $2 PFC. It does not. The per-passenger cost was based on the operating cost of the facility.

• Councilor Rugo asked about the Sullivan light. Breault said the state does not recommend it; it was not a smart place for the light. It was too close to the rotary and also would impact Rte. 28. Costs are going up and to add it now would add $1.5M. The current plan is relatively inexpensive and meets the current concerns. It doesn’t solve long term issues but they will retain the space for the light in the future. They added the one-way out to address the Wendy’s concerns and are pledging use of other properties down the road. Councilor Rugo also asked that the K-Mart lease, ending in 2018, be remembered as a future revenue source.

Recess 8:14 – 8:20 PM 2010-062 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT Upon a motion duly made and seconded to continue the public hearing to April 1, 2010. VOTE: Unanimous 2010-068 AMEND ZONING ORDINANCES:-BUSINESS DISTRICT REGULATIONS IN BARNSTABLE VILLAGE Upon a motion duly made and seconded to continue the public hearing to March 18, 2010. VOTE: Unanimous 2010-069 AMEND ZONING ORDINANCE, ARTICLE III DISTRICT REGULATIONS §240-24.1.6, OM OFFICE/MULTIFAMILY RESIDENTIAL DISTRICT SECTION A Upon a motion duly made and seconded to continue the public hearing to March 18, 2010. VOTE: Unanimous PUBLIC COMMENT

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Milton Berglund spoke on the CFAC subcommittee workshop coming up next week. It is important for the town to have a financing plan in place. The problem of wastewater management is here to stay. The subcommittee report contains a recommendation to build a wastewater plant. He hopes the effort will continue. Eliza Cox, Attorney from Nutter, McClellen & Fish, is representing Botsini-Prime LLC, who owns the Wendy’s property on Iyannough Road. They support the terminal expansion but have concerns. They believe it is of critical importance for a serious traffic solution not a temporary rotary egress, given that the rotary has an unknown lifespan. They would prefer consideration of the Sullivan Lot light because, according to the Cape Cod Commission finding that the Sullivan light does not impact rotary. The access plan needs further work. COUNCILOR RESPONSE Councilor Canedy is not opposed to looking at Attorney Cox’s material. The Cape Cod Commission will have another opportunity to comment and the old plan will cost $1+ million more. Look at the long term solutions and have some different scenarios, including working on the access road and light. Councilor Farnham agreed that no one has intention to harm a local business such as the Wendy’s property. However, he feels there is no way the project can be delayed further to come up with another traffic study. It has been in the planning for ten years. The terminal and tower need to be completed. The traffic solution is temporary and a good fix which can’t be held up because of the concerns of one business, which it will not harm. President Chirigotis understands that there is concern regarding use of the traffic rotary. This was not to be a solution for the rotary, which is different from the airport project. Traffic will be discussed and continue to be addressed. Councilor Milne asked the manager to involve Growth Management staff to weigh in on some of what is in the letter (Exhibit B). ACT ON MINUTES Upon a motion duly made and seconded it was voted to postpone action on the minutes of February 25 to March 18, 2010. VOTE: No opposition. ORDERS OF THE DAY OLD BUSINESS 2010-070 AMEND ZONING ORDINANCE-CHAPTER 240, ARTICLE II, ZONING MAP OF THE TOWN OF BARNSTABLE Upon a motion duly made and seconded a public hearing was opened at 8:40 PM. VOTE: No objection Peter Freeman gave the rationale. This extends the zoning to include one parcel in the same corridor as adjacent parcels. (See Exhibit C) Manager John Klimm said the property owners were open to working through the planning board. There has been a high end development along Rte 132. This will add to it and the staff is supportive.

• Councilor Munafo wondered why the parcel was omitted from the zoning initially.

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• Both Councilors Rugo and Farnham agree that including this parcel makes sense. • Councilor Canedy said it was in the COMM Fire District. If it were in a GIZ, other

requirements could be added. She asked if the owner will do some cleanup of the property down towards the pond. Freeman said it would require a special permit which could add other requirements such as a cleanup.

• President Chirigotis pointed out that Rte.132 has become a gateway to Hyannis and this is the last property that is in need of work. The owners will address issues on the property they own.

• Councilor Rugo asked about the relocation of any current tenants. Rental is weekly and they would see that tenants are relocated.

• Councilor Milne asked if they were hooked up to a sewer or had intention to do so. They are not yet, but the impact of office use is lower, so a Title 5 could suffice. There is initiative to look at that with the pond and the land bank property.

Upon a motion duly made and seconded the public hearing was closed at 8:55 PM. VOTE: No objection 2010-070 AMEND ZONING ORDINANCE-CHAPTER 240, ARTICLE II, ZONING MAP OF THE TOWN OF BARNSTABLE Upon a motion duly made and seconded it was ORDERED: That Chapter 240, Article II of the Zoning Ordinance is hereby amended as follows: By amending the official zoning map of the Town of Barnstable titled “ZONING MAP OF THE TOWN OF BARNSTABLE, MA,” and “ZONING MAP OF THE TOWN OF BARNSTABLE, MA Sheet No 4 of 7, Centerville, adopted September 1, 1998 as amended to July 16, 2009, by expanding the HB, Highway Business Zoning District as it abuts Iyannough Road (Route 132) in Centerville, rezoning from Residence D-1 to Highway Business the first 300-feet of Assessor’s Map 253, Parcel 019 as it abuts Iyannough Road (Route 132). This proposed expansion of the Highway Business Zoning District is shown on a maps entitled “Proposed Amendment to the Town Zoning Map expanding the Highway Business District; Proposed Amendment to the Town Zoning Map expanding the Highway Business District - Barnstable – Sheet 1 of 7; Proposed Amendment to the Town Zoning Map expanding the Highway Business District - Hyannis Sheet 3 of 7; Proposed Amendment to the Town Zoning Map expanding the Highway Business District - Centerville Sheet 4 of 7 ” all dated December 17, 2009 as prepared by the Town of Barnstable GIS Unit. VOTE: 11 Yes (Roll Call) Unanimous 2010-071 AMEND GENERAL CODE, CHAPTER 76 – SCHEDULE OF FEES Consumer Affairs Director, Tom Geiler gave the rationale. The average fee change is 2.8%. Councilor Farnham wanted to see the current fees vs. the proposed fees. Director Geiler explained that the current fees were on the comparison sheets in the summary; however the current fees were not juxtaposed with the proposed fees and were not easily compared. Councilor Barry feels confident to vote tonight. A motion was made and seconded to Move the Question. VOTE: 7 Yes, 5 No On Item 2010-071 VOTE: 7 Yes, 4 No (Roll Call) (Canedy, Farnham, Milne, Munafo)

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During a recess that began at 9:15 PM, President Chirigotis noted to the board that the council had not held the public hearing on Item 2010-071 prior to voting on it earlier. He asked Town Attorney Ruth Weil if this would be a problem. She suggested a public hearing be opened at this time. Upon a motion duly made and seconded a public hearing was opened at 9:20 PM. VOTE: No objection Upon a motion duly made and seconded the public hearing was closed at 9:20 PM. VOTE: No objection Councilor Farnham said he still feels the proposed fee changes still do not reflect the differences from the prior fees. A motion was made and seconded to Move the Question VOTE: No objection 2010-071 AMEND GENERAL CODE, CHAPTER 76 – SCHEDULE OF FEES Upon a motion duly made and seconded it was ORDERED, that Chapter 76 of the General Code of the Town of Barnstable is hereby amended by deleting three Chapter 76 sections, and replacing them with the following amended sections.

Chapter 76 of the General Code: 76-3 Weights and Measures annual fees (MGL C.98§56) 76-4 Licensing 76-6 Building

§ 76-3. Weights and Measures annual fees (MGL C. 98, § 56). Description Fees Per Device

1 – 3 4 or more

Scale with capacity over 10,000 lbs. $250 $225 Scale with capacity 5,000-10,000 lbs. $135 $110 Scale with capacity 100-5,000 lbs. $ 80 $ 70 Scale with capacity less than 100 lbs. $ 50 $ 45 Weights (each) $ 8 $ 6 Liquid measures $ 30 $ 30 Liquid measure meters ----- ----- Lubricant meters $ 50 $ 45 Motor fuel meters $ 50 $ 45 Vehicle tank meters $110 $100 Vehicle tank meter gravity $175 $150 Bulk storage tank meter $175 $150 Mechanical pumps, each stop $ 10 $ 10 Taxi meters (semi-annually) $ 55 $ 50 Commercial odometer – hubodometer $ 55 $ 50 Leather measure $175 $150 Dry measure, one bushel or less $ 85 $ 85 Dry measure, more than one bushel $120 $120 All other measuring devices $125 $125 Rope, wire or chain measuring devices $ 25 $ 20 Reinspection fee (after official rejection) $ 95 $ 95

Reverse Vending Machines Bottle and Can redemption Inspection Disposable Test Material Supplied by Inspector $25.00 $20 Disposable Test Material supplied by Store $15.00 $10

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Automatic Electronic Check-Out Systems 3 or less cash registers (per inspection) $85.00 N/A 4-11 cash registers (per inspection) $170.00 N/A 12 or more cash registers (per inspection) $280.00 N/A

§ 76-4. Miscellaneous licenses and permits. [Amended 6-1-2006 by Order No. 2006-128] MGL C./Section Description Fees

101, § 33 Temporary license to sell for charitable purposes $ 10 138, § 30A License for pharmacist to sell alcoholic beverages $2,000 140, § 2 Licenses for inns and restaurants $ 100 140, § 21B License to serve nonalcoholic beverages $ 100 140, § 32B License for mobile home parks $ 50 140, § 32B License for motels $ 50 140, § 34 License for lodging house $ 50 140, § 49 License for vehicle for sale of food $ 250 140, § 56A License for shooting gallery $ 100 140, § 59 Auto dealer license $ 150 140, § 177A License for automatic amusement devices $ 100 140, § 183A Entertainment annual $ 250 140, § 183A Entertainment daily $ 25 140, § 1851 License for fortune tellers $ 250 140, § 192 License for rental boats (freshwater) $ 100 License to store hazardous materials $ 100 Septic system inspection filing $ 25 Board of Health request for variance $ 85 Application fee – licenses and permits $ 100

§ 76-6. Building, sign, wiring, plumbing and gas permit fees. Building Permits Description Fees

Residential (R03, R-4 Use Groups) New Buildings Application fee $100 Permit fee $5.10 per $1,000 of construction value Additions, alterations/renovations Application fee $50 Permit fee $5.10 per $1,000 of construction value $35 minimum Commercial and all other use groups New Buildings Application fee $150 Permit fee $9.10 per $1,000 of construction value Additions, alterations/renovations Application fee $100 Permit fee $9.10 per $1,000 of construction value; $60 mimimum Permit fee for all other structures (not specified) $9.10 per $1,000 based on actual value; $100

Plumbing Permits Description Fees

Residential, per unit $ 40/first fixture plus $12 each additional fixture

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Commercial, per unit $ 60/first fixture plus $15 each additional fixture

Gas Permits Description Fees


Electrical Permits Description Fees

Residential New construction per unit $150 Additions/renovations Less than 500 SF $ 30 Greater than 500 – 1,500 SF $ 50 Greater than 1,500 SF $100 Minor alterations/appliances $ 30 Change of service/meter $ 30 Accessory structures (garage,barn,etc, excluding separate meter) $ 30 Temporary service $ 30 Meters per unit $ 30 Smoke detectors/alarms $ 30 Commercial New construction per unit $200+$25 per 1,000 SF greater than 4,000 SF Additions/renovation Less than 1,000 SF $ 75 Greater than 1,000-2,500 SF $100 Greater than 2,500 SF $150 + $25 per 1,000 SF greater than 4,000 Minor alterations/appliances, etc. $ 30 Change of service/meter $ 40 Temporary service $ 30 Signs $ 30 Carnivals/fairs 1-10 concessions/rides $ 50 10 concessions/rides $ 100

Signs Description Fees

Under 25 SF $ 50 Over 25-50 SF $ 75 Over 50-75 SF $150 Over 75 SF $200

Miscellaneous Permits and Fees Description Fees

Accessory building: all use groups Greater than 120 SF – 500 SF $ 35 Greater than 500 SF – 750 SF $ 50 Greater than 750 SF – 1,000 SF $ 75 Greater than 1,000 SF – 1,500 SF $100 Greater than 1,500 SF Same as new building permit based on actual cost Change of permit holder $ 35 Pre-building code structure, certificate of occupancy $ 75 Change of use permit (no construction) $ 25 Foundation permit (separate from building permit for cause only) $ 35 Zoning compliance certificate (lots/existing uses/structures $ 50 minimum + research time Reinspections (for work not ready for inspection, incomplete work or failure of $100 Removal of stop-work order $ 50 Replacement of lost permit inspection cards $ 50

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Chimney/fireplace (new and reconstruction) $ 35 Certificates of inspection $10 increase CMR 780 Table 106 $ 50 minimum Permit renewals First renewal $ 50 Second renewal (for cause only) $ 75 Inground swimming pools $125 Aboveground swimming pools $ 75 Decks, open porch $ 60 Relocation/moving (includes new foundation) $250 Demolition Residential principal buildings ($4.10 per $1,000 of construction value) Minimum $125; ($5.10 per $1,000 of construction value) Accessory buildings $ 50 Commercial buildings ($8.10 per $1,000 of construction value) ($9.10 per $1,000 of construction value) Home occupation (no construction) $ 35 Pre-permit plan review (one and two family) $ 75 Temporary residential certificate of occupancy (for cause only) $ 75 Residential certificate of occupancy $ 25 Temporary commercial certificate of occupancy (for cause only) $ 75 Commercial certificate of occupancy $ 75 Pre-permit plan fees $100 Site plan (fees) Project construction cost under $5,000 $100 $5,000 - $14,999 $200 $15,000 - $49,999 $250 $50,000 - $249,999 $350 $250,000 or more $500 Permit related to work begun prior to time allowed for acquiring permits under Two times permit cost

[Added 10-19-2006 by Order No. 2007-033] Express Permits Description Fees

Minimum $ 35 Residing/reroofing (residential) $ 5.10 per $1,000 of construction value Wood/coal stoves $ 35 Replacement windows $ 35 Sheds under 120 SF $ 35 Others (as determined by inspector) $ 35



Description Fees

Pre-permit plan review (one and two family) $..75 Temporary residential certificate of occupancy (for cause only) $ 75 Residential certificate of occupancy $ 25 Temporary commercial certificate of occupancy (for cause only) $ 75 Commercial certificate of occupancy $ 75 Pre-permit plan fees $100 Site plan (fees) Project construction cost under $5,000 $100 $5,000 - $14,999 $200 $15,000 - $49,999 $250 $50,000 - $249,999 $350 $250,000 or more $500

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Permit related to work begun prior to time allowed for acquiring permits under Building, Electrical, Plumbing and Gas Code

Two times permit cost

[Added 10-19-2006 by Order No. 2007-033]

Express Permits Description Fees

Minimum $ 35 Residing/reroofing (residential) $5.10 per $1,000 of construction value Wood/coal stoves $ 35 Replacement windows $ 35 Sheds under 120 SF $ 35 Others (as determined by inspector) $ 35



VOTE: 7 Yes, 3 No, 1 Abstention (Roll Call) (Canedy, Milne, Munafo – No; Farnham – Abstain) NEW BUSINESS 2010-087 ESTABLISH DESIGNATED GIFT ACCOUNT HYANNIS YOUTH AND COMMUNITY CENTER Upon a motion duly made and seconded this item was continued to April 1, 2010. VOTE: No Objection 2010-088 GRANT ACCEPTANCE OF $1,647,786 FROM FAA Upon a motion duly made and seconded this item was continued to April 1, 2010. VOTE: No Objection Substitute Text: 2010-089 GRANT ACCEPTANCE OF $35,000 FROM MASS. SEAPORT COUNCIL Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council does hereby accept a Commonwealth of Massachusetts Seaport Advisory Council grant in the amount of $35,000 for 80% of the Bismore Park Marina Project Manager Klimm gave the rationale. Director of Community Services Lynne Poyant discussed the match of an additional $8,750 which is the 20% responsibility of the town and will come from the FY10 Marina Enterprise Budget. A motion was duly made and seconded to use the substitute text. VOTE: Unanimous Councilor Tinsley asked if the cost ran over the match amount would the money come from the same account. Poyant said the account has $20,000, so money would be available. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-089

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VOTE: Unanimous Recess 9:15 PM – (see revote of Item 2010-071 above) 2010-090 GRANT ACCEPTANCE UP TO $3,750,000 FROM MASS EXEC. OFFICE OF FINANCE Upon a motion duly made and seconded it was RESOLVED: That the Barnstable Town Council does hereby accept a Commonwealth of Massachusetts Executive Office of Administration and Finance grant in the amount of 75% of the project up to $3,750,000 for the replacement of the Barnstable Bulkhead Manager Klimm gave the rationale. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-090 VOTE: Unanimous 2010-091 AMEND GENERAL ORDINANCE: SEC. 177-1 SANDY NECK BEACH PARK Upon a motion duly made and seconded this item was referred to a public hearing on March 18, 2010. VOTE: Unanimous 2010-092 APPROPRIATION $5,000 FROM SANDY NECK SURPLUS FUNDS Upon a motion duly made and seconded this item was referred to a public hearing on March 18, 2010. VOTE: Unanimous Lynne Poyant explained that this is a one-time increase for active wear. LATE FILE Item 2010-093 John Klimm requested this item be placed on the agenda this evening. The airport issues and business plan needs to be read and understood, particularly in the area of risk. Concerns were alleviated once the new airport manager was selected and he and the commission have all dedicated themselves, with numerous meetings since Thanksgiving. He would like this item addressed on March 18th This is a reasonable request and the BMA has a significant time line. Not doing this postpones the process needlessly with possible loss of state funding if it goes into the next fiscal year. The request is reasonable. President Chirigotis suggested the public hearing be held on April 1. 2010-093 CAPITAL EXPENSE APPROPRIATION TRANSFER AND LOAN ORDER BARNSTABLE MUNICIPAL AIRPORT TERMINAL - $21,430,851 Upon a motion duly made and seconded this item was referred to a public hearing on April 1, 2010. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Norman was concerned and would like the staff to review the airport’s business plan. Klimm said they will do that and hopes all will review it as well. The huge issue is the business plan and risk. There is no idea what the state will do with the rotary. No one knows what the final plan for the rotary is five years down the road.

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Councilor Munafo objected to the increased flights as well as the need to pick a point where it is reasonable and anything else above will not work. He is concerned about the delay that will be an issue with the time frame and then the funding. Chirigotis said the town cannot tell the state what to do with the road. The state should care what the town’s issues are. Councilor Farnham suggested Finance Director Mark Milne review the airport materials and respond. Klimm asked if there was any interest in having a workshop to go over this. Councilor Farnham likes the idea and to have a month would be helpful. Klimm suggested the possibility of a workshop or one-on-one meetings. Farnham said a workshop would be a good idea. Mark Milne said the increase in revenue is in the 2% to 3% range and is consistent throughout the 20 years on revenue side. President Chirigotis said that the current method of appointing people to the Appointments Committee is not according to charter. He notified everyone regarding their committee preferences so he could select from a list of members who wanted to serve. Those who submitted names have been appointed as follows: Councilors Joakim, Farnham, Dagwan, Crocker, and himself. He asked the council to ratify the committee. Councilor Milne was not aware of the new process and has not seen anything like it in ten years. Also, appointments are addressed in the Administrative Code. He suggested starting the process from zero. Councilor Barton pointed out that six months have passed and the council should just appoint the group and revisit the issue in November. Milne also questioned the “all members shall serve for one year” clause. Chirigotis does not interpret that as term limits, but requiring an annual appointment. President Chirigotis asked that the council ratify the committee. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS None. Upon a motion duly made and seconded the meeting was adjourned at 9:45 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN COUNCIL MEETING March 18, 2010

quorum being duly present, Council President Frederick Chirigotis called the March 18, 2010 Town Council meeting to order at 7:00 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA. A

PRESENT: Richard Barry, Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr. John Norman, Thomas Rugo, and James Tinsley. President Chirigotis led the hall in the pledge of allegiance and a moment of silence. PUBLIC COMMENT

o Jon Julius read from a 2004 wastewater report that dealt with betterments. He was impressed with the CFAC work completed recently on funding sewers. He hoped that the voters would be able to make the final decision on the issue of paying for the sewer updates. Who authorized and is paying for the pump station on West Main Street? The folks at Stewarts Creek should not have to abandon their Title 5.

o Tina Carey said the CFAC did represent the people of the town. Put the funding question

on the ballot and let the people vote – spread the cost throughout the town. We all use the town and are the Town of Barnstable. The process right now is not pleasant and not civilized. Get the funding mechanism in place for Stewart’s Creek. She also wants to know who is going to pay for the pumping station.

o David Munsell thanked everyone who was involved with the creation of the HYCC. He is

so pleased with it and everyone involved should be congratulated.

o Robert Tucker says we think nothing of sending money overseas; but we have problem with sewerage, and overcrowding of houses here. We need help on that.

o Louise DiCecca thanked the council for holding the special meeting and the presentation

was phenomenal. She would like to have the website updated with more information. Put down some FAQ’s. Announce the meeting for the moratorium. Please allow the subcommittee to go around the town to educate everyone. She read one letter into the record from Yvette Maillenfant.

o Meredith Farnworth echoed the above on information and follow-up workshop. Please

consider Stewart’s Creek in the financing. Betterments even at 50% would be a problem to me. (See additional letters on file – Exhibit A)

o Laurie Brown said she was glad to see everyone at the hearing. She read a notice from

the Town Manager that said the public could testify. She pointed out that they thought they would be able to speak; but, after they got people to come, they were not allowed. When

can we speak? She read another letter from a gentleman from Studley Rd and said all neighbors except one were not in favor of it.

o Kate Gulliver also read some letters from individuals who were not at the hearing. One

from a Mr. Abodeely said he felt people should be able to decide whether or not to sign on to the sewer. Many other towns pay at least 50%. He would like non-resident taxpayers notified of the hearings. Another couple from Greenwood Ave noted that many residents in that area are elderly and on fixed incomes. Another letter questioned exactly what it will cost. (Exhibit B – more letters)

o Dorothy Hughes said we elect you and also deserve respect relative to all of these issues.

We don’t get the answers to our questions, and at times feel there is no hope. She feels that Stewarts Creek is not fair. A Dr.Howes said you would get more bang for your buck if you concerned yourself with the bay areas. The moratorium hearing will be the 15th of April. She feels it is shameful that it took so long – and why is Hyannis West being dug up. Please inform us.

o Al Baker gave a couple of announcements of activities in Marstons Mills. They don’t want

to lose the Main Street school and asked if it would be possible to also have their Farmers’ Market there.


• Councilor Barton said that she hopes to get an update on the Marstons Mills School and will see what they can do.

• Councilor Canedy feels that any sewage plan should include all of the town. She felt

it did not include the north side of Barnstable. On the bulkhead issue, Canedy sought townwide payment for those repairs, but it didn’t go forward. The Mercy Otis Warren awards are coming up.

• Councilor Munafo said possibly we need to apologize to those who were expecting to

be able to speak. Town Manager Klimm said originally the hearing was to take place at a regular meeting and public comment would have been allowed. Your leadership decided to make it a workshop instead.

• Councilor Milne said we need to get the questions that we get from public comment

and hearings and give the people back the answers on the website. Any questions from public hearings or public comment could be handled that way. Just tell staff to do it. He wants to know what is happening on the meetings since he has not received any notices. We need to answer the questions on the Hyannis West school project as well.

• President Chirigotis noted that the vote on the pump station was made in June of

2009; with the final vote being 9 yes to 4 no. That is why it is going forward. DPW Director Mark Ells said this was one of the 14 ARRA projects.

• President Chirigotis added that at the time of the vote Councilor Munafo made a

motion that the pump station be within Precinct 3 and that is why it is where it is. Councilor Canedy said this is not associated with Stewarts Creek.

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ACT ON MINUTES – Continued to next meeting. ORDERS OF THE DAY A. OLD BUSINESS 2008-163 ADOPTION OF THE TOWN OF BARNSTABLE COMPREHENSIVE PLAN 2008 INTRO: 06/19/08, 07/17/08, 08/21/08, 09/18/08, 03/18/10

Joanne Buntich, Director of Growth Management and Marlene Weir, from the Planning Board and LCP chair, gave a brief overview of the process. There is an outline of the action plan (see Exhibit C)

Councilor Crocker asked to review the Action Plan. Buntich said it is more like a wish

list. She reviewed each section: land use, natural resources, natural resource protection, economic development, facilities and infrastructure, community housing and heritage preservation.

Buntich and Weir concurred that they will put together a new action plan every year.

Councilor Crocker said this document is a living document by having the action plan.

Councilor Dagwan asked about the well at risk (in Hyannis). Buntich said we are engaged with many others and are looking at ways to possibly readjust the zoning to have more reasonable use of the land near the wells.

Councilor Farnham asked about the economic development and formulas. Farnham

said he believed the planning board did some work on it already. They are looking at impact fees. Farnham would like to see this get dusted off and looked at it again.

Councilor Rugo said impact fees are good. The CCC allows it and it can at times be

necessary.

Councilor Munafo with all the information that we have had to digest lately, he has not had enough time to review this and would like to postpone it to the next regularly scheduled meeting. This was made into a motion and seconded.

VOTE: 3 yes 9 no (defeated)

Upon motion duly made and seconded it was voted to move the question. VOTE: 12 yes 1 no

Councilor Norman said he had another question.

Councilor Norman offered his assistance to Ms. Buntich and Weir and said he would like to

have more information on yardage etc.

A motion was duly made and seconded to move the question. No vote taken.

Vice President Crocker asked how we can pass this without seeing the final version. Ms. Buntich suggested adding language “that prior to submission to the CCC the final document will be presented to the council.”

Councilor Milne corrected the date on the rationale in the first paragraph from 2007 to 1997.

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Councilor Farnham suggested that the council amend the vote to say “as amended.” Councilor Canedy made a motion which was seconded to move – “That the Town Council hereby adopts the Town of Barnstable Comprehensive Plan 2008 as amended on March 18, 2010”.

There was discussion on whether or not we should just vote it down and have it brought back at another meeting once it is complete.

Attorney Weil felt that the council was getting tangled and should not vote it down.

Motion to reconsider the vote was brought forward. VOTE: Unanimous

A motion was made and seconded to pass this item as amended. Another motion was made and seconded to amend it as of March 18, 2010. VOTE: consensus Charter Objection called by Councilor Munafo. Brief recess taken. After the recess, Atty. Weil said that the matter is continued to the next regular meeting. President Chirigotis concurred.

2010-68 AMEND ZONING ORDINANCES:-BUSINESS DISTRICT REGULATIONS IN BARNSTABLE VILLAGE INTRO: 01/07/10, 03/04/10, 03/18/10

Councilor Canedy gave the overview. Upon motion duly made and seconded it was agreed to open a public hearing on this issue. VOTE: Unanimous Bob Kelly representing Barnstable village businesses stated that this came about because an owner, in that area, was asked to open a franchise coffee shop; and folks felt that franchisees would infringe on them. We all felt the village needs to control the family-owned neighborhood. Upon motion duly made and seconded it was unanimously voted to close the public hearing at 8:35 p.m. Ms. Buntich gave a brief description of the location. It goes between Railroad Ave and almost Hyannis Road. Councilor Crocker asked if there were any other MB-B districts – no. Councilor Rugo recused himself from voting on this issue. Councilor Milne suggested supporting this for many reasons.

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Councilor Tinsley noted that there are empty storefronts. Is there an avenue to appeal on this? Buntich said yes, it probably would be by a use variance. Attorney Weil concurred and said it is difficult. Vice President Crocker was a little annoyed that there are vacancies and they are still asking for this. Councilor Canedy said we are concerned about vacancies as well. However, we need a little bit of room and time to encourage businesses in the village without the threat of large non-local chains. Councilor Farnham said the West Barnstable LCP committee worked on a similar proposed ordinance. Attorney Weil said there has not been a lot of litigation history on this type of ordinance. She is comfortable with the “8” number and we do have other areas in town where larger chain businesses are allowed. A motion was duly made and seconded to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was ORDERED, that: Section 1. The Zoning Ordinance, Article III District Regulations § 240-24 VB-A and VB-B Business District is hereby amended as follows: By deleting the words “Special permit uses (reserved for future use)” from Subsection E. And by adding the following to Subsection E: The following use limitations shall apply within the Barnstable Village VB-A only. Use Limitations: Permitted retail establishment, lodging establishment, restaurant, or take out food establishment shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (“Formula”) array of services and/or merchandise, trademark, logo, service mark, symbol, décor, architecture, layout, uniform, or similar standardized features and which causes is it to be substantially identical to more than eight (8) other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited. Corporate Branding Prohibition: Buildings, colors, signage, architectural features, text, symbols, graphics, other attention getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means. All structures and sites shall be designed to include architectural and design elements that are consistent with the Barnstable Village VB-B architectural composition, character, and historic context. Section 2 The Zoning Ordinance, Article III District Regulations § 240-23 MB-B Business District is hereby amended as follows:

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By Re-enumerating existing subsection E to subsection G And by adding the following to Subsection E: The following use limitations shall apply within the MB-B only. Use Limitations: Permitted retail establishment, lodging establishment, restaurant, or take out food establishment shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (“Formula”) array of services and/or merchandise, trademark, logo, service mark, symbol, décor, architecture, layout, uniform, or similar standardized features and which causes is it to be substantially identical to more than eight (8) other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited. Corporate Branding Prohibition: Buildings, colors, signage, architectural features, text, symbols, graphics, other attention getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means. All structures and sites shall be designed to include architectural and design elements that are consistent with the Barnstable Village VB-B architectural composition, character, and historic context. VOTE: Roll Call – 12 yes (Rugo recused himself)

2010-069 AMEND ZONING ORDINANCE, ARTICLE III DISTRICT REGULATIONS §240-24.1.6, OM OFFICE/MULTIFAMILY RESIDENTIAL DISTRICT SECTION A INTRO: 01/07/10, 03/04/10, 03/18/10 Councilor Dagwan gave the rationale and asked for the council to move forward on this. Upon motion duly made and seconded it was voted to go in to a public hearing. VOTE: Unanimous consent. Stuart Bornstein said we didn’t want medical clinics on the first floors but our buildings got spot zoned in the last zoning changes. There may be 4 – 6 offices altogether. We have buildings that have been built for medical uses but doctors do not want to go through the process of zoning and special permitting. Put it back the way it was before and let us go forward. Felicia Penn, chair of the Planning Board, asked that the council approve this item. The planning board voted in favor of this 5 to 1. There will not be any detrimental impact on the neighborhood. It will be business by appointment only. This is not for redevelopment or new development. It is to allow this area to be utilized in a manner that it was prior to recent zoning changes. The only dissenting vote had a couple of reasons and asked that we check with Cape Cod Medical. Penn said they did. CCM’s opinion was this location had better parking; and access to North Street was a lot easier than it is for locations around the hospital. The GIZ is a zoning change and was initiated for quick development in Hyannis. This does not create new zoning it just adds to the list of already allowed uses by right.

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David Munsell from the Planning Board said private enterprise can do very good work. He encouraged the council to vote for this and support your planning board because it is good and good for the town. This will eliminate having doctors go through the special permit process. Matthew Teague from the Planning Board stated that this is important and fits a need. Upon motion duly made and seconded it was voted to close the public hearing. Unanimous consent. Councilor Norman asked what is inpatient and why is it being excluded (overnight stays are considered to be inpatient and are therefore, excluded). Councilor Munafo was glad to see that we can make this type of correction and can make this right. He stands in favor. Vice President Crocker said we need to look at what is good for the neighborhood – and we need to think of the people who are housed above these businesses. The medical tenant use is a positive neighbor in mixed use. This is a good match for the neighborhood. Councilor Farnham said this type of business is important, the income levels are higher and it is a good community need. Councilor Canedy asked for an explanation of and if this is, in fact, a zoning change. Buntich showed the map and explained the situation. Canedy would have preferred that this come forward as a regulatory agreement instead of a zoning change. Vice President Crocker said this has been about a single use for a single purpose and he has an issue on this item but also just realized that he needed to recuse himself. Councilor Milne was torn by this. He feels that possibly this might need to be postponed because of the recusal issue. He feels the rationale is biased toward one owner. However, he will vote in favor. Councilor Barton asked about the map and it was explained that the whole of the map is the GIZ. We have one need and one growth right now and it is in the medical field. Councilor Tinsley stated that it is a great area for this use, we should do this. I don’t want it to be challenged. Town Attorney Ruth Weil said as far as this discussion goes, ethics is about openness in government. This discussion is open and should not affect this item. Disclosure is the whole purpose of this and it was accomplished. Councilor Dagwan said no one in the area has come forward against it. That in itself gives it merit. Support and move this forward. Councilor Canedy asked if the council should review the zoning in the east part of town. Will resources in the east move out? Can we give that to someone?

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Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in Favor. Upon motion duly made and seconded it was ORDERED, that: Section 1 That the Zoning Ordinance, Article III. District Regulations § 240-24.1.6. OM Office/Multifamily Residential District Section A. Permitted uses, is hereby amended as follows: By adding the following to § 240-24.1.6 OM Office/Multifamily Residential District. § A. Permitted Uses,(1) Permitted Principal Uses (j.) Office, dental or medical Section 2 That the Zoning Ordinance, Article III. Definitions Applicable to the Hyannis Village Zoning Districts, §240-24-1.12 is hereby amended as follows: By adding the following Definition

OFFICE, DENTAL OR MEDICAL — A building or portion of a building in which the primary use is the provision of health care services to patients or clients by an appointment only. Appointments limited to the hours between 7 AM to 7 PM Monday through Friday and Saturday from 7 AM to 1 PM. Such services may include the following: medical, dental, psychiatric, psychological, chiropractic, dialysis, acupuncture, reflexology, mental health professional, physical and/or occupational therapy, related medical services, or a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists. This definition excludes in-patient or overnight care, animal hospitals, veterinarians, or other similar services. The sale of merchandise is allowed only as an accessory use.

Section 3 That the Zoning Ordinance, Article III. Definitions, Definitions Applicable to the Hyannis Village Zoning Districts, §240-24-1.12, CLINIC, MEDICAL OR DENTAL is hereby amended as follows: Delete the sentence: “No fabricating is conducted on the premises, except the custom fabrication of dentures or similar dental appliances.” VOTE: Roll Call 12 yes 2010-091 AMEND GENERAL ORDINANCE: SECTION 177-1 SANDY NECK BEACH PARK

INTRO: 03/04/10, 03/18/10 President Chirigotis announced that this item is withdrawn to come back at a later date.

2010-092 APPROPRIATION FROM SANDY NECK ENTERPRISE SURPLUS FUNDS $5,000

INTRO: 03/04/10, 03/18/10

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Lynne Poyant, Director of Community Services, gave the overview and rationale. These monies will be used to expand the stock for merchandise sales, and encourage additional revenue. Nina Coleman from Sandy Neck said we now have t-shirts and hats. In the evening during the summer, we send staffers out to the beach and sell the items. We were able to purchase sweatshirts last spring and they were gone before July. Our surplus account has $280,000 and we made $16,000 in sales. Councilor Barry asked if you should ask for more money. Coleman said she wants to take it a little slowly and she doesn’t want to get in over her head. Then she would really have to peddle the stock. A public hearing was duly opened and closed by the council with no comments from the public. Councilor Munafo asked about revenues. She said the account is now enterprise and the money goes back into the park. Councilor Farnham said Nina has done a great job for thinking outside the box. Upon motion duly made and seconded, it was voted to move the question. VOTE: Unanimous in favor Upon motion duly made and seconded it was ORDERED: That the sum of five thousand dollars and no/100 ($5,000.00) be transferred from the Sandy Neck Enterprise Account Surplus funds to the Sandy Neck Enterprise Account Operating Budget for the purpose of funding additional purchases of merchandise for resale. VOTE: Roll Call - 13 yes B. NEW BUSINESS 2010-094 ACCEPT THE FISH WEIR APPLICATION-NANTUCKET SOUND FISH WEIRS, INC. INTRO: 03/18/10 Upon motion duly made and seconded it was voted to postpone this item to April 1, 2010. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS Town Manager John Klimm said that as far as some of the issues raised this evening. Mark Ells, Director of DPW spoke with Louise DiCecca, who will work with him to update the Stewart’s Creek website. They are working together on this collaboration. Klimm said that as far as a format for councilor response, that is a council issue (Milne’s suggestions to answer questions) – he stands ready to assist if need be. Manager Klimm also noted that Mark Ells is continually on the Barnstable TV working to get out the information on the sewers and they will take suggestions. Klimm puts out a weekly

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newsletter; Lynne Poyant puts out a monthly newsletter. We are doing more than most towns and are willing to do more. ADJOURNMENT Upon motion duly made and seconded it was moved to ADJOURN. ADJOURNED: AT 9:30 p.m. Respectfully submitted, Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

NEXT MEETING: April 1, 2010

TOWN OF BARNSTABLE

TOWN COUNCIL MEETING April 1, 2010

Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, April 1, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Janice Barton, Richard Barry (7:15), Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo and James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. President Chirigotis took Late File 2010-120 out of order. 2010-120 GRANT ACCEPTANCE OF $20,000 ELIZABETH B. MCGRAW FOUNDATION Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a gift to the Town of Barnstable Police Department in the amount of $20,000 from the Elizabeth B. McGraw Foundation. Police Chief Paul MacDonald gave the rationale. Mrs. Lee McGraw spoke about her two charitable foundations within the town. When she learned that funding source for two leased motorcycles was cut, she decided to step up to the plate and provide funding so the motorcycles could be purchased outright. She is a motorcycle rider and didn’t want the department to do without. VOTE: Unanimous Special guest Carey Murphy, Falmouth Selectman, brought the prize which the Council earned as a result of Barnstable Football Team’s 2009 Thanksgiving Day victory. He brought organic certified cranberries and a bag of fresh oysters from Peter Chase’s aquaculture farm. He congratulated the Red Raiders for their victory and said that “this is about sport, the kids and the communities that support them.” PUBLIC COMMENT Kevin Howard, Treasurer of the Cape Cod Chamber of Commerce read a letter from the Chamber endorsing the airport renovations. (See Exhibit A) Louise DeCecca was asked by Mark Ells to work on a FAQ sheet about sewer financing. She thanks him for his efforts. She is encouraged at the steps being taken in the right direction. Full disclosure makes for fewer enemies. Meri Farnsworth also thanked Director Ells and the Town Manager for their help with sewer financing. She suggested casting the widest net to finance the project. If the public knew the entire issue an override would pass. She would also like her private road taken by the town so it could be improved. Deborah Converse, President of the Hyannis Chamber of Commerce, thought the workshop was well presented and is looking forword to the workshop being viewed by other organizations. She also thanked the airport for their update on the renovation project. She feels it will provide much needed jobs.

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Brian Wasser spoke about other technologies for wastewater including composting toilets, which are Title 5 approved. They reduce the volume of waste by 95% and the resulting material makes ideal fertilizer. Laurie Brown also spoke on the sewering stating that the funding is still not determined. Also on the issue of private roads, she said they will become worse if not addressed. The Town should operate as a town not 13 precincts. Funding issues need to be solved in an equitable and fair manner.

Annual Update - Paul Niedzweicki, Cape Cod Commission Paul Niedzweicki, Executive Director of the Cape Cod Commission gave his annual update, mentioning some of the high points of 2009. The Cape is the only region receiving capital funds for a “technological bridge.” He listed other grants attracted to the Cape through the CEDS project. The Commission’s future goals involve addressing wind and wastewater issues. The wind project has been tortured and there is need for wind siting reform legislation. Wastewater is causing the degradation of embayments; nitrogen needs to be cleaned. A regional wastewater plan based on a cape-wide density map is needed. Two thirds of the Cape watersheds are shared among towns, which will require joint planning rather than a town-by-town approach.

• Councilor Barton asked if there were a link between the CAC and the Commission. It is Mark Ells.

• Councilor Barry said individual towns are attacking these issues. Chesapeake Bay is dead and Maryland has instituted a flush tax. The federal government has not been “in the game” for 30 years. Sen. O’Leary has been successful in getting 0% loans for addressing wastewater. Two acre zoning is more expensive for wastewater removal. He suggested the possibility that coordinated capital plans issuing a lot of debt might be able to negotiate lower interest rates.

• Councilor Milne asked how the Commission could take the lead role in organizing multi-town arrangements for such purposes. Niedzweicki said communities would have to consider shared watershed management plans along with shared financial responsibility; this has not happened and is not easy.

• Councilor Farnham asked about staffing and how it interacts with towns and other government entities; he was also interested in the budget. Niedzweicki explained that the Commission had its own staff and asked the County for fund assistance. Collaboration has allowed that assistance to end. There is a robust economic development department currently working in Yarmouth and Mashpee; Harwich will be next.

• Councilor Dagwan asked how the cluster system was working in Mashpee. It is working well for their density.

President Chirigotis suggested an additional workshop. Royden Richardson, Barnstable’s Commission member, thanked Paul for his commitment. Richardson was pleased with the questions and the answers which give a taste of what the CCC is capable of accomplishing. COUNCILOR RESPONSE Councilor Munafo said composting toilets do a great job but are a problem to implement. He suggests the council receive more information and consider it in the future. ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of February 25, 2010 as written. VOTE: Unanimous

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Upon a motion duly made and seconded it was voted to accept the minutes of March 4, 2010 as written. VOTE: Unanimous Upon a motion duly made and seconded it was voted to accept the minutes of March 18, 2010 with the following corrections: under Council Response, Councilor Canedy, delete “On the bulkhead issue, Canedy sought town-wide payment for those repairs, but it didn’t go forward.” and under Item 2010-069, Councilor Canedy’s statements, delete “Can we give that to someone?” and replace it with “Can we refer this to staff or an independent consultant for study?” VOTE: Unanimous as corrected. COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Munafo said the light should be changed at Pitcher’s Way so there can be a crosswalk symbol. On taxes he asked how is the town is doing fiscally, and suggested an update after three quarters. On the residential exemption, he would like an update before another tax bill is sent. Councilor Milne was pleased with the Cape Cod Mosquito Control project, which costs a total of $1.6M throughout the Cape, for a year’s worth of work to eliminate EEE or the West Nile virus. He had a few questions on the workshop of March 17th. Apparently a quorum and executive session were mentioned in the newspaper. It was not a supposed to be a convened meeting. He was assured it was a workshop. Councilor Tinsley thanked the BPD for finding his car. He has become involved with the Big Brothers/Big Sisters program. He met his “little brother” who had been on the waiting list for several years. He suggested people interested in participating contact him or contact the organization directly. Councilor Joakim spoke about other women who are in the spotlight but don’t sing. Ally Morgan from Marstons Mills is a great engineer who has been recognized designed a sensing device. President Chirigotis announced that Items 2010-087 and 2010-117 would be postponed to May 6, 2010. ORDERS OF THE DAY OLD BUSINESS 2008-163 ADOPTION OF THE TOWN OF BARNSTABLE COMPREHENSIVE PLAN 2008 Joanne Buntich, Growth Management Director, said copies have been filed with the Town Clerk. She mentioned that the title and text still referred to the date of 2008 and suggested it be changed to 2010. A motion was made and seconded to make a correction on the title and text changing the year from 2008 to 2010. VOTE: Unanimous 2008-163 ADOPTION OF THE TOWN OF BARNSTABLE COMPREHENSIVE PLAN 2010 Upon motion duly made and seconded it was RESOLVED AND ORDERED: That the Town Council hereby adopts the Town of Barnstable Comprehensive Plan 2010 and instructs the Town Clerk to submit the plan to the Clerk of the Cape Cod Commission for certification that it is consistent with the Regional Policy Plan. VOTE: Unanimous

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Pres Chirigotis recused himself at 8:10 PM from participation on the next article and left the chamber. Vice President James Crocker chaired the meeting. 2010-062 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT Town Attorney Ruth Weil addressed the voting process. It is addressed in the Cape Cod Commission Act and could be a simple majority vote. However, she needed time to research in order to advise what the quantum vote would be, suggesting the item be postponed. Councilor Joakim made a motion which included authorizing The Cape Cod Commission to give an opinion on the quantum vote. The issue arose of whether to let the Conservation Commission and the Board of Health vote on the DCPC first, and then have the council accept it prior to sending it to the CCC, or the have the council accept it tonight letting the other two boards consider it afterwards and then send it to the CCC. Vice President Crocker announced a recess until this matter resulted in a motion whose language was satisfactory. Recess at 8:15 – 8:59 PM Councilor Joakim made the following motion which was seconded: I move to amend 2010-062 by adding the following text before the preamble: “The Town council votes to authorize the council administrator to forward to the Cape Cod Commission the proposed text contained in 2010-062, after consideration by the Barnstable Conservation and the Barnstable Board of Health. And, after review and approval by the Cape Cod Commission, to be returned to the Town Council for its approval. The Town Council requests that the Cape Cod Commission provide guidance as to the quantum vote necessary for the Town Council to pass a zoning DCPC implementing regulation.” Vice President Crocker explained that this will be a recommendation from the Commission on the quantum vote and it will come back to council to pass it. Usually the council has the last vote after the boards have acted. Councilor Tinsley asked if this was just an approval to send forward, not a final vote. Yes. Councilor Munafo asked if this is usually how it works – the town gives final approval after the Commission gives approval. Niedzweicki said adopting this tonight would not be deemed final action. If there is no vote, the CCC will get it eventually. Giving the Commission the ability to ask their questions first is preferable to giving them the final document. Councilor Farnham had some amendments to the current document and wanted to know the proper time to make them. Attorney Weil said it could be amended after the public hearing, or any other time prior to the final vote. On Joakim’s amendment VOTE: 9 Yes, 3 No (Crocker, Munafo, Norman) Councilor Farnham made the following two amendments: #1 Amend Section 240-131.4(F)(1)(e) by adding the following sentence at the end of subsection (e): “If the structure is in the floodplain, any design or architectural changes associated solely with flood-proofing the reconstructed structure shall not require compliance with the design guidelines.” This section will state in its entirety:

“e. Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building

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Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction the design guidelines in this chapter do not apply. If the structure is in the floodplain, any design or architectural changes associated solely with flood-proofing the reconstructed structure shall not require compliance with the design guidelines.”

#2 Amend Section 240-131.8.A. by deleting “240-53.B through E” and substituting in place thereof “Section 240-53.B through .F”. Attorney Eliza Cox gave the rationale for the amendments. She is representing the Beach Club. The older buildings do not comply with FEMA regulations and if one of them had to be reconstructed, the first amendment insures it would still not have to apply to keep the existing structure. The second amendment deals with parking lots that now exist but do not conform to the newly proposed landscape requirements. Councilor Joakim asked the town staff to respond to the amendments. Growth Management Director Joanne Buntich said they are comfortable with the first amendment. The second amendment would apply to all parking lots allowing everything that is there to continue. Joakim added that the reason “F” was left out is exactly because it would apply to all parking lots in the district. Maybe it could apply to the area just where the beach clubs are. Councilor Crocker asked if this were added today would the town be able to make changes after the Commission has voted. Joakim said the Commission has public hearings, and the amendment could be made there. Att’y. Weil will study the CCC act. Councilor Farnham feels grandfathering the parking is important. He does not want to decrease the parking and if not protected it will be lost. Councilor Rugo suggested a friendly amendment to limit the amendment to the Craigville Beach area. Councilor Farnham worked on a revised amendment. He suggested adding “which section F as delimited only in the Craigville Beach neighborhood.” Councilor Milne stated that town lots are exempt but those leased by the town are not. He supports a DCPC over a Chapter 40A. It is more flexible. Councilor Farnham proposed adding the following to amendment #2: …. “which section F as delimited only in the Craigville Beach neighborhood.” On amendment 1: Upon a motion duly made and seconded it was voted to Amend Section 240-131.4(F)(1)(e) by adding the following sentence at the end of subsection (e): “If the structure is in the floodplain, any design or architectural changes associated solely with flood-proofing the reconstructed structure shall not require compliance with the design guidelines.” This section will state in its entirety:

“e. Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction the design guidelines in this chapter do not apply. If the structure is in the floodplain, any design or architectural changes associated solely with flood-proofing the reconstructed structure shall not require compliance with the design guidelines.”

VOTE: 11 Yes, 1 No (Canedy) On amendment 2:

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Upon a motion duly made and seconded it was voted to Amend Section 240-131.8.A. by deleting “240-53.B through E” and substituting in place thereof “Section 240-53.B through .F which section F as delimited only in the Craigville Beach neighborhood. VOTE: Unanimous Upon a motion duly made and seconded the continued public hearing was resumed at 9:45 PM VOTE: Unanimous Meg Loughran said controlling development will mean less stress in this area. She reviewed the history of the DCPC process. The Town and the Growth Management Department created this with specialists and the desire of Centerville residents who care about the area. If councilors do not support it, she would like to know why. Jack Driscoll felt it should be a zoning ordinance. As property owners they do not want to give up their rights and prefer that to a DCPC - 65 families live there in summer. He has 30 letters from people in the area who agree. (see Exhibit B) Jim Lang owns only one home of the 94 homes affected. There have been houses and hotels built out of scale. He agrees the DCPC should be supported. Felicia Penn, member of the Planning Board, supports the document. The implementing regulations are what is on the table, she explained; the DCPC has already been accepted. This is the guts. Dom Gautreau said people agreed to the individual pieces of the document. He would prefer a zoning ordinance and keep the control of the document, now that the pieces are defined. Zoning could do this with tougher restrictions. Christina Welton supports the implementation of the guts of the DCPC by local zoning regulations. Why put the control outside the town? She strongly opposes passing the control to the Cape Cod Commission. Mark Goldberg has been a resident since 1964. The interaction at this meeting is why local zoning makes sense. The DCPC has brought people together and the dialogue should continue as a local government. Shirley Fisher supports the DCPC. It boils down to whether each counselor believes that the local resource, which is more than a group of homes, can be preserved via a DCPC. It is about all summer people and residents who enjoy the beach. Present zoning has not worked. Limiting overdevelopment will improve water quality. Would someone go to the Commission to question a zoning decision, she asked. Niedzweicki said zoning decisions will remain under local control. Fisher urges support. William Rickman, is counsel to the Crane family and also a professor of Land Use Law at BU, who drafted Chapter 40A. The end product is a good zoning amendment – not substantive but procedurally. If adopted as a DCPC, who will call the shots in the future? As a zoning amendment, the town will be in control. This says that the Commission is better at dealing with this zoning than the town. He finds it unacceptable. The paperwork to make that change is not complicated. Barry Weinert also represents the Crane family. Crane’s objection is not substantive but that it is not a zoning amendment. The content of zoning, health and conservation regulations are under the control of the CCC. This is ceding the local authority on zoning so the local boards are not the final word. There is strong objection even from those who have worked hard on it. Vote it down and put this on a fast-track to be passed as a zoning matter, retaining control for the people who elect you. David Munsell pointed out that this is a DCPC now and there is a need to discuss the nuts and bolts of it. It does not remove local total control; issues will be handled locally by the same boards. It is too late to talk about zoning now. The Planning Board would never yield control to the Cape Cod Commission.

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Sue Rohrbach stated that the issue is that it’s time to vote on this. The DCPC exists by substantial vote twice. Grandfathering and zoning need a 2/3 vote but this does not. If this does not pass the Commission will do it. The Town will be giving up control because not voting to pass the regulations gives control to CCC. “Vote yes now and yes later, or control goes to the Cape Cod Commission.” Sarah Alger also represents the Crane family. She had several procedural questions, such as a question of the vote – majority or 2/3s. She pointed out that changes to the regulations must have the approval of the CCC. The DCPC designation does terminate if no action is taken. She suggests the council consider zoning regulations. In addition, the council should wait to vote until the quantum of the vote is known. John Pendergast Jr. said it is time to move forward with the DCPC. Pete Fisher said the regulations are a result of much input. It is a highly sensitive area – barrier beach and river area – and it must be protected. Respect the hard work of volunteers by adopting the regulations tonight. Arnold Mason, a resident over 40 years, pointed out some of the improvements such as the beach having been re-nourished. The people have been good stewards of the area. He suggests not putting in a layer of bureaucracy where zoning will work. Matthew Clark is in favor of the regulations for the DCPC. Tom Kirk supports the DCPC. Hazel Ward asked that the beach be preserved. Upon a motion duly made and seconded the public hearing was closed at 10:40 PM. VOTE: Unanimous 2010-062 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT Upon a motion duly made and seconded it was ORDERED: The Town council votes to authorize the council administrator to forward to the Cape Cod Commission the proposed text contained in 2010-062, after consideration by the Barnstable Conservation and the Barnstable Board of Health. And, after review and approval by the Cape Cod Commission, to be returned to the Town Council for its approval. The Town Council requests that the Cape Cod Commission provide guidance as to the quantum vote necessary for the Town Council to pass a zoning DCPC implementing regulation Preamble: This section is adopted as a zoning implementing regulation of the Craigville Beach portion of the Craigville Beach District of Critical Planning Concern (DCPC). Included in this order: Section 1 amends the Zoning Map to create the Craigville Beach District; Section 2 adopts the Craigville Beach District Implementing Regulations. Section 3 incorporates the DCPC implementing regulations into the Town of Barnstable Zoning Ordinances upon approval by the Cape Cod Commission and Section 4 adds the Centerville Beach District to the Town of Barnstable Ordinance Article II, § 240-5 Establishment of Districts, Residential Districts. Section 1 Craigville Beach District Map That the Zoning Map of the Town of Barnstable is hereby amended by rezoning portions of the RB, RC, RD and RD-1 zoning districts in Centerville and a small portion of western Hyannis to the Craigville Beach District as shown on a map on file with the Town Clerk entitled "Proposed Amendment to the Town Zoning Map Creating the Craigville Beach District" dated July 16, 2009 Index Sheets Hyannis Sheet 3 of 7 and Centerville Map 4 of 7 creating the Craigville Beach District”.

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Section 2 Craigville Beach District Implementing Regulations That Chapter 240, The Zoning Ordinance is hereby amended by adding to Article XIV District of Critical Planning Concern Implementing Regulations a new § 240-131 adding Craigville Beach District Implementing Regulations as follows: §240- 131 Authority This section is adopted under the authority of the Home Rule Amendment, Article 89 of the Constitution of the Commonwealth, and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989.

§240-131.1 Purposes and Intent

A. The purpose and intent of this section is to guide development in the Craigville Beach District pursuant to the Guidelines of Barnstable County Ordinance 08-06 to ensure that development and redevelopment:

(1.) Contributes to and respects the character and historic development patterns of the area; lessens inconsistent development and redevelopment impacts to the historic and community character resources in this area;

(2.) Protects and preserves scenic views and vistas and ways to the water; (3.) Protects and improves natural resources including but not limited to the barrier beach

and groundwater and coastal water quality; lessen development and redevelopment impacts to the natural resources and ecosystems in this district;

(4.) Protects human life and property from the hazards of periodic flooding, (5.) Preserves the natural flood control characteristics and the flood control function of the

flood plain, (6.) Preserves and maintains the ground water table and water recharge areas within the

floodplain. As the entire complex of coastal wetland resources moves landward due to relative sea level rise, the Craigville Beach area’s coastal floodplains immediately landward of salt marshes, coastal beaches, barrier beaches, coastal dunes, and coastal banks require special protection.

240-131.2 District Boundaries

A. The provisions of this ordinance shall apply within the Craigville Beach District (CBD), as shown on the Zoning Map of the Town of Barnstable as amended. B. Neighborhood Overlays. For the purpose of this section the Craigville Beach District is divided into the following Neighborhood Overlay areas, as shown on the Zoning Map and identified as: . LBSB: Long Beach/Short Beach CB: Craigville Beach

CRNB: Centerville River North Bank CV: Craigville Village

§ 240-131.3 Definitions Accessory Use or Building-- A use or structure which is customarily incidental to and subordinate in area, extent, and purpose to that of the principal use or structure. Base Flood Elevation (BFE) – The elevation shown on the Flood Insurance Rate Map (FIRM) that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Beach Club -- A membership establishment legally in existence at the time of the adoption of this ordinance, not open to the general public, located in close proximity to a beach and providing recreational and social activities, including food service, to members. Building Coverage - The percentage of a lot covered by principal and accessory buildings or structures. For the purposes of this section, this definition does not include uncovered swimming pools and tennis courts, and decks not exceeding 100 square feet or 10 feet in length.

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Building Height – The vertical distance from the grade plane to the highest point of a gable, hip or gambrel roof and the highest point of the coping of a flat roof. These height limitations shall not apply to chimneys, flagpoles or other similar appurtenances as approved by the Building Commissioner. Common Driveway – A form of access which is not a street but extends from a street and provides common vehicular access to more than one (1) lot. For the purposes of calculating Lot Coverage, the common driveway’s Impervious Surfaces shall be equally allocated among the lots served and/or benefited by the common driveway in proportion to the sizes of the lots. Conference Center – A non-profit religious and educational use legally in existence at the time of the adoption of this section comprised of guest houses and cottages, single family residences, recreational areas, lodging for guests, meeting spaces, and summer recreational opportunities. Cottage Colony – A group of three or more detached dwellings, under one ownership, legally in existence at the time of the adoption of this section located on a single lot, which are customarily rented out to the transient public by day, week, month, or season and occupied on a seasonal basis only. Cottage colonies shall not be used year round. Cottage colony structures shall not exceed one and one-half stories and 800 s.f. GFA. Elevated Structure - A structure elevated for the purpose of Barnstable Code, Section 240-34, Flood Area provisions whose lowest structural member is 1’ above BFE in A zones and 2’ above BFE in V zones. FEMA – Federal Emergency Management Agency. FEMA Flood Zones - Geographic areas susceptible to inundation by water that FEMA has mapped according to varying levels of flood risk, as defined and delineated on a community’s Flood Insurance Rate Map as may be amended from time to time. FIRM – Flood Insurance Rate Map. Grade – The referenced plane of the average of all finished ground levels adjoining the building or structure for a distance of 6 feet from all exterior walls. Retaining walls for mounded septic systems mandated by the Board of Health are not included in the calculation of grade. Gross Floor Area – The sum of all floor areas within a building or structure, measured from the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. It shall include all areas capable of being used for human occupancy, including all basement floor areas, mezzanine and attic space and enclosed porches. Half Story – That space above the plate line but below the ridgeline in an area commonly called the “attic space”, provided that the gross floor area of the half story shall not exceed 66% of the gross floor area immediately below the half story. Impervious Surface A surface which prevents the penetration of precipitation or other liquids into the ground, including roofs, concrete, asphalt, sidewalks, etc. Any area designed for vehicle use or vehicle parking covered with porous pavers, which may become impervious over time may, at the discretion of the Building Commissioner be considered impervious surface. Lot Area – For the purpose of determining Maximum Building Coverage and Maximum Lot Coverage Allowances the lot area for legally created lots that are vacant or developed and/or improved as of November 6, 2009 shall be the horizontal area of the lot defined by metes and bounds. All of the lot area used for zoning compliance shall be land other than that under water nine (9) months or more in a normal year. Lot Coverage - The percentage of a lot covered by Impervious Surfaces. For the purposes of this section, paved driveways and parking areas, principal and accessory structures, and other on-site amenities that render any portion of a lot impervious shall be included in the definition of lot coverage. Non-Profit Educational Use – An educational use conducted by a not for profit corporation whose articles of incorporation permit it to engage educational activities and “educational purposes” as its principal permitted use within the meaning of Massachusetts General Laws, Chapter 40A, sec. 3, including but not limited to libraries and museums. Open Foundation: A pile or column foundation designed for structures in flood zones that minimizes the foundation area subject to lateral flood loads. Open foundations are intended to prevent flotation, collapse, and lateral movement of a building during a flood-event. Religious Institution – An institution engaged in “religious purposes” within the meaning of Massachusetts General Laws, Chapter 40A, Section 3. Seasonal Use – A use carried on for only a part of the year. Typical seasonal uses are outdoor recreational activities such as swimming and boating both motorized and non-motorized; impermanent use of cottages, motels, hotels, letting of rooms in a residential structure and letting an entire residential structure. Seasonal Use Structure – Any structure designed or used as temporary seasonal living quarters that is not used as a primary, permanent residence. Seasonal use structures may have heat and other amenities but do not deposit

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wastewater into wastewater treatment systems on a regular year round basis and do not withdraw water for consumption or other activities on a regular year round basis. Single Family Residence - A detached residential building designed for and occupied by a single family. Small-Scale Food Service – An establishment legally in existence at the time of the adoption of this section where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to formula business limitations as described herein. These uses are intended to increase pedestrian activity. Special Permit Granting Authority (SPGA) - The Zoning Board of Appeals shall be the special permit granting authority within the Craigville Beach District. Story - The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Structure- Anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, sheds, swimming pools and towers, but shall exclude fences of 6 feet or less in height and flag poles. Upland – All lands not defined herein as wetlands. V (Velocity) Zone—The area extending from mean low water to the inland limit 100 year floodplain supporting waves greater than three (3) feet in height. V-zones are mapped on the FEMA FIRM. Wetland – The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune, or other shifting sand formation.

Section 240-131.4 Craigville Beach District Use Regulations Municipal uses are exempt from these regulations. Principal Permitted Uses. See 240-131.7 (Neighborhood Overlay Regulations) herein.

A. Use Limitations (1.) Any use not expressly allowed herein is prohibited. (2.) The conversion of any building or structure from seasonal use to year round use is prohibited,

except that Single Family Residences are not subject to this use limitation. The conversion of a building, or buildings, constituting a cottage colony, hotel, inn or rooming house, or of a facility required to be licensed as a recreational camp, overnight camp or cabin, or motel under S. 32A to I of Chapter 140 of the General Laws, to condominium-type ownership, shall be deemed to be a change in use from seasonal to year-round use, and is prohibited.

(3.) Permitted business and retail uses shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (“Formula”) array of services and/or merchandise, trademark, logo, service mark, symbol, décor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than fourteen (14) other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

B. Exempt Uses (1.) Religious institutions, accessory day care centers, and Non-Profit Educational uses are permitted

as exempt uses within the Craigville Beach District. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the Craigville Beach District as set forth in Sections 240-131.1 Purposes and Intent, § 240-131.5 Dimensional, Bulk and Other Regulations, § 240-131.7 Neighborhood Overlay Regulations including General Performance Standards and applicable Neighborhood Performance Standards

(2.) Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use, provided however that the relief granted will not create a public safety hazard along adjacent roadways and will not adversely impact natural resources or create a nuisance or adverse impacts to other surrounding properties. A modification permit shall be subject to the same procedural requirements as a

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special permit except that approval of a modification permit shall require a simple majority of the members of the Board.

C. Continuation. Any lawfully established lot, structure or use existing at the time of the adoption of this section that does not conform to the provisions of the CBD shall be allowed to continue.

D. Change, Expansion or Alteration of Uses and Structures Existing conforming or non-conforming uses and structures lawfully existing at the time of the adoption of this ordinance may continue subject to the following:

(1) As of right a) The normal and customary repair and maintenance of a building or structure and the

conversion of existing floor area to habitable space is permitted as of right. b) The alteration and expansion of a building or structure is permitted as of right provided that

the alteration or expansion shall conform to following criteria: 1. Conforms to applicable height requirements of § 240-131.5. 2. Does not exceed the Coverage Limitations set forth in § 240-131.6 3. Complies with applicable General and Neighborhood Performance Standards.

(2) By Special Permit (a) The alteration or expansion of an existing conforming or non-conforming lawfully established building or structure that does not qualify under the “as of right” provisions above shall be permitted only by a special permit from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations and/or expansions:


[2.] Comply with Section 240-131.1 Purposes and Intent and with the Performance Standards for the Neighborhood Overlay area in which the development is located, in accordance with Section 240-131.7 Neighborhood District Overlay Regulations with the exception of the dimensional requirements of Section 240-131.7 D (1);

[3.] Do not exceed 25% of the Gross Floor Area of structures in existence as of July 1, 1989 or 10% of the Gross Floor Area of structures in existence as of November 6, 2009.

[4.] Do not increase Lot Coverage over what is allowed under § 240-131.6 Coverage Limitations or by more than 10% over what was existing on November 6, 2009, whichever is greater.

[5.] Do not increase flood hazards in the neighborhood. [6.] Maintain or enhance views to Nantucket Sound and/or the Centerville River where

applicable in accordance with Section 240-131.5, note 4; [7.] In V-zones does not increase south facing building surfaces so as to limit the adverse

effect of increasing elevation or velocity of flood waters due to a change in flowage characteristics on the subject site, adjacent properties, or any public or private way.

E. Special Permit for Dimensional Relief


(1) Is consistent with § 240-131.I Purposes and Intent; (2) Is consistent with the Performance Standards for the neighborhood district where

the development is located in accordance with Section 240-131.7 Neighborhood Overlay Regulations; and

(3) The applicant demonstrates undue hardship without desired relief.

F. Re-establishment of damaged or destroyed use, building or structure. (1.) The re-establishment of a lawfully established conforming or non-conforming use and/or

building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met: a. The reconstruction or repair will not materially increase the gross floor area or height of

the building or structure beyond that which previously existed, nor materially increase the footprint of the structure; or materially change the grade other than grades required for installation or upgrade of onsite septic systems; except that buildings in the flood

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plain that existed prior to November 6, 2009 may be elevated 2 feet above BFE or as required by the applicable law regardless of the resulting building height provided the building complied with building height regulations at the time of its construction.

b. If the building’s location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations and with performance standards regarding building orientation.

c. The reconstruction or repair will not constitute an expansion or intensification of any use.

d. In the case of any use in which it would otherwise be required, the site plan review process has been followed.

e. Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction the design guidelines in this chapter do not apply. If the structure is in the floodplain, any design or architectural changes associated solely with flood-proofing the reconstructed structure shall not require compliance with the design guidelines.

(2.) Any previously established use or structure which no longer complies with the provisions of

the CBD shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.

Voluntary Demolition and Reconstruction of Single Family Residences: Lawfully established Single Family Residences may be demolished and reconstructed in accordance with §240-131.4 G. This provision shall not be construed to supersede local, state or federal regulations pertaining to the demolition of historic structures. 240-131.5 Dimensional, Bulk, and Other Requirements: The following requirements apply to all development and redevelopment in the Craigville Beach Zoning District.

Neighborhood Overlays

Craigville Village

Craigville Beach Long Beach/Short Beach

Centerville River North Bank

Requirements For all legally created vacant lots the frontage and area in existence as of November 6, 2009 and/or legally developed lots that were in existence as of November 6, 2009 and conformed to the existing zoning when legally created, the existing lot area, lot frontage, front, side and rear setbacks and building height dimensions may be used in lieu of the following dimensional requirements.


87, 120

87, 120

87,120

87,120


75 100 125 125


15 20 20 20

Min. Side Yard Setback (feet)4

10 15 154

15


10 15 15 15

Maximum Building Height1,2,3

30 26 30 30

Maximum number of stories3

2 2 2 2

Maximum Building


12

Neighborhood Overlays

Craigville Village

Craigville Beach Long Beach/Short Beach


Coverage



Dimensional table notes:

(1.) Maximum Building Height allowances vary depending upon the roof pitch of the structure, with gable roofs having a slope of 7/12 or greater allowed the maximum building height, hip and other sloped roofs with a slope of 4/12 or greater are allowed 5 feet less than the maximum building height, and flat roofs prohibited except on one-story additions totaling less than 300 square feet per parcel.

(2.) Buildings in the flood plain that existed prior to November 6, 2009 may be elevated 2 feet above BFE or as required by the applicable law provided the building complied with building height regulations at the time of its construction.

(3.) The second story must be set back at least 2 feet from the façade line of the floor below on two of the building’s facades and the second story floor area shall not exceed 80% area of floor area immediately below it.

(4.) In the Long Beach/Short Beach Neighborhood, to preserve and enhance views of Craigville Beach and the Centerville River, a view corridor shall be preserved using 20 feet of either side setback or, where side yard setbacks are less than 20 feet, the greater of either side yard setback existing on November 6, 2009. The view corridor shall remain free of view obstructing buildings, structures, site improvements or landscaping other than low growing plant material or existing natural vegetation for the entire depth of the property from the street to the river or beach.


Lot Size Maximum Building Coverage (footprint)

Allowance Maximum Lot

Coverage Allowance

1,300-4,999 s.f. 1,100 s.f. plus 10.8% of lot area over 1,300 s.f. 50% 5,000-7,499 1,500 s.f. plus 6% of lot area over 5,000 50%, but no more

than 3,200 s.f. 7,500-9,999 1,650 s.f. plus 6% of lot area over 7,500 3,200 s.f. 10,000-14,999 1,800 s.f. plus 4% of lot area over 10,000 3,300 s.f. 15,000-19,999 2,000 s.f. plus 6% of lot area over 15,000 3,400 s.f. 20,000-34,999 2,300 s.f. plus 4% of lot area over 20,000 3,600 s.f. 35,000-44,999 2,900 s.f. plus 4% of lot area over 35,000 3,600 s.f. or 10%,


45,000 and above 3,300 s.f. plus 3% of lot area over 45,000 10% Section 240-131.7 Neighborhood Overlay Regulations A. Purpose: The Neighborhood Overlay regulations establish uses, dimensional requirements and design guidelines to preserve the distinctive character; allow continued use and enjoyment of properties and structures; make provisions for changes, expansions; protect and preserve scenic views and vistas; protect and improve natural resources; and to limit damage from periodic flood events for each neighborhood within the Craigville Beach District. B. Historic and Community Character. These regulations will ensure that development and redevelopment in the CBD contributes to and does not detract from the historic character of the Craigville Beach area; that any proposed additions to historic structures shall be consistent with the historic structure and shall be consistent with the character of the surrounding neighborhood, including elements such as building height, mass and orientation; and preserves views and ways to the water from public spaces, streets and ways.

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C. Applicability: Development and redevelopment shall be subject to the following additional requirements and regulations based upon the applicable Neighborhood Overlay. D. General Performance Standards


2) The development complies with the height limitations set forth herein. 3) Exposed foundation walls for raised septic systems and/or elevated structures are prohibited;

foundation walls shall be screened through the use of foundation plantings and/or the use of other natural materials.



E. Long Beach/Short Beach Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the performance standards listed below. (a.) Single Family Residence (2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131-7 C. (3) Neighborhood Performance Standards All development and redevelopment shall meet the following standards:

(a.) No land area shown as V-zone shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zones which might increase the potential for flood damage shall be prohibited. This provision shall not be construed to include duly permitted docks and piers.

(b.) Any activity or development in a V-zone that creates an adverse effect by increasing elevation or velocity of flood waters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. Any proposed activity shall not result in flood damage due to filling which causes lateral displacement of flood waters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rest with the applicant and shall require certification by a professional engineer.


(d.) Transitional Provision Any development that has obtained a hardship approval from the Cape Cod Commission for a building permit prior to the effective date of this section shall not be subject to these regulations for the development authorized by said hardship exemption.

F. Craigville Beach Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Craigville Beach Neighborhood Overlay area subject to the performance standards listed below.

(a.) Single Family Residence (b.) Small-scale food service (c.) Beach club (d.) Cottage colony

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(e.) Hotel or motel in existence as of July 16, 2008 that is lawfully established (2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Craigville Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131-7 C. (3) Neighborhood Performance Standards: All development and redevelopment shall meet the following standards:

(a.) No land area shown as V-zone shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zones which might increase the potential for flood damage shall be prohibited.

(b.) Any activity or development in a V-zone that creates an adverse effect by increasing elevation or velocity of flood waters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. A proposed activity shall not result in flood damage due to filling which causes lateral displacement of flood waters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rest with the applicant and shall require certification by a professional engineer.


(4) Beach Club Design Guidelines Purpose: To maintain public views to the water and to maintain the neighborhood’s existing character with small scale building masses and natural or traditional building materials. (a.) Building Height and Massing: New construction on Beach Club properties shall have modest

massings to relate to the small scale of most structures in the beachfront neighborhood. Any structure with a footprint of 3000 square feet or more shall incorporate significant changes in massing to break up the facade, and should integrate one-story massings into the design to relate the building to the surrounding smaller structures.

(b.) Building Orientation: Buildings shall be oriented with the narrow end facing the street and the water to maximize public views of the water across the site. New buildings or complexes should not extend over more than 150 feet of the lot frontage, and efforts should be made to limit the expansion of existing buildings.

(c.) Maintaining Views to Water: Multiple buildings on one lot should be clustered close together to limit obstructed views of the water, or shall be separated from each other by 100 feet or more of road frontage to allow broad unobstructed views across the lot to the water.

(d.) Fences: Fences shall be of open construction and low profile (such as split rail and low picket fencing) to maintain public views to the water. Fences over 3 feet in height should be limited to screening loading and delivery areas adjacent to buildings, or modest trash collection areas. Screening fences should not extend farther than necessary beyond the building footprint to maintain public views.

(e.) Building Materials: Exterior building materials shall be those traditionally used in the region or other naturally weathering materials, such as wood shingle, wood clapboard, or board and batten siding.

G. Centerville River North Bank Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Centerville River North Bank Neighborhood Overlay area subject to the performance standards listed below.

(a.) Single Family Residence (2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Centerville River North Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131.7 C.

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(3) Neighborhood Performance Standards: All development and redevelopment shall meet the following standards: (a.) Tree removal or vista pruning shall not interrupt the treeline as viewed from the south looking

northward to the treeline. (b.) No land area designated as V-zone of the FIRM maps shall be developed unless such

development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zone which might increase the potential for flood damage shall be prohibited. This provision shall not be construed to include duly permitted docks and piers.


(d.) Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member 2’ above the BFE in V zones and 1 foot above BFE in A zones. For all new construction and substantial improvements within the V zones, the space below the lowest floor must either be free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.

H. Craigville Village Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Craigville Village

Neighborhood Overlay area subject to the performance standards listed below. (a) Single Family Residence (b) Conference Center

(2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Craigville Village Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131.7 C. (3) Neighborhood Performance Standards: All development and redevelopment shall meet the following Design Guidelines: Purpose: Most buildings in the Craigville Village Neighborhood date from the late 1800s and early 1900s when the neighborhood developed as a Christian Camp Meeting Association. The neighborhood is still defined by its historic structures and their configuration around a central green, small street grid, and communal paths.

(a.) Objectives: (1.) To preserve the character-defining features of the original camp meeting neighborhood

including its small lots, modest scale structures, and orientation of buildings to public areas. (2.) To ensure that additions and alterations to structures are compatible with the existing scale

and character of the building and preserve the original massing and unique architectural features of its historic buildings.

(b.) Application: The design guidelines set forth herein do not apply to structures in existence as of the date of the adoption of this section, but shall apply to all new development, to any additions to existing structures, and to all reconstruction projects except as provided for in Section 240-131 (G)(1)(e).

(c.) Building Design. The guidelines shall apply to construction of new structures and expansions and alterations of existing structures.

(1.) Preserve the original massing of historic structures (pre-1945): (2.) Additions should be attached to secondary or less prominent facades of the building (the side

or rear facades), and should be stepped back from the front and rear corners of the building so as to preserve the original massing of the structure, including its roof form.

(3.) Work with modest massings: Additions should be scaled to be consistent with or smaller than the size of the original historic structure, following the neighborhood tradition of

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expanding small cottages incrementally with modest additions. Additions should generally have a lower roofline than the original structure to maintain the prominence of the original building, though some additions may be slightly taller than the original structure if attached to the original structure with a smaller connecting mass.

(4.) Roof forms: The roof pitch on new construction and additions should complement the roof pitch of the original historic structure and should maintain a pitch of at least 6 over 12.

(5.) Retain Original Architectural Details and Unique Forms: Additions should be placed so as to limit the removal of distinctive architectural trim and features that are unique to the building. Additions and alterations should not interfere with character-defining features such as open porches, steeply pitched roof forms, unique windows, and carpenter gothic trim along eaves and entries. Siding materials used on the original structure should be retained, though other regional siding materials may be appropriate on additions.

Section 240-131.8 Additional Provisions A. Other regulations The following provisions of the Barnstable Code are hereby incorporated into this regulation: § 240-7 Application of District Regulations; § 240-9.C & D; § 240-10 Prohibited Uses; § 240-34 Flood Area Provisions; § 240-43 Accessory Uses; § 240-46.A & B Home Occupations; Article VI Off Street Parking Sections 240-52, 240-53.B through .F, which section F as delimited only in the Craigville Beach neighborhood; and Sign Regulations § 240-59 through 63; Article XI Growth Management Sections 240-110 through 122; Article IX Site Plan Review; Article XII Administration and Enforcement § 240-123 – 240-124; and § 240-125 C Special Permit Provisions as these provisions of the Barnstable Code cited in this section may be amended from time to time

B. Conflicts Unless otherwise stated, the requirements of the Craigville Beach District shall apply to uses and structures within the Craigville Beach District. In the event of a conflict, these regulations shall apply. C. Severability The provisions of this chapter are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this chapter. If any court of competent jurisdiction shall invalidate the application of any provision of this chapter to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town. Section 3 For the purposes of the Cape Cod Commission Act, the implementing regulations shall be deemed incorporated into the Zoning Ordinances of the Town of Barnstable upon the approval by the Cape Cod Commission. Section 4 Amend the Town of Barnstable Zoning Ordinance § 240-5 Establishment of Districts by adding the CBD - Centerville Beach District to the list of Residential Districts VOTE: 8 Yes, 4 No (Roll Call) (Crocker, Farnham, Munafo, Norman) (Chrigotis recused) President Chirigotis returned to the hall. 2010-094 ACCEPTANCE OF THE FISH WEIR APPLICATION FOR NANTUCKET SOUND FISH WEIRS, INC. Upon motion duly made and seconded it was RESOLVED: The Barnstable Town Council does hereby approve the Application of Nantucket Sound Fish Weirs, Inc. to renew permits for two (2) fish weir sites in the coastal waters of the Town of Barnstable in Nantucket Sound. The permit renewal request is for a period of five (5) years. (Full application on file in Council office) Manager Klimm gave the rationale.

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Lynn Poyant, Director of Community Services Department, Dan Horn, Director of Marine and Environmental Affairs Division and Kurt Martin, President of Nantucket Fish Weirs, Inc., the applicant, were present. The Waterways Committee has discussed this and has no objection. It is subject to same lighting conditions of 3 lights per weir. A motion was duly made and seconded to amend the item by adding “subject to the same terms and conditions.” VOTE: Unanimous On Item 2010-094 as amended RESOLVED: The Barnstable Town Council does hereby approve the Application of Nantucket Sound Fish Weirs, Inc. to renew permits for two (2) fish weir sites in the coastal waters of the Town of Barnstable in Nantucket Sound. The permit renewal request is for a period of five (5) years and subject to the same terms and conditions. VOTE: Unanimous. A motion duly made and seconded to extend the meeting beyond 11 PM. VOTE: 12 Yes, 1 No (Tinsley) 2010-088 ACCEPTANCE OF SUPPLEMENTAL GRANT OF $1,647,786 FROM FAA Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby accept a supplemental grant award in the amount of $1,647,786 from the Federal Aviation Administration and that the Barnstable Municipal Airport Commission is authorized to enter into contracts and to expend the grant monies for the purposes specified therein. Airport Manager Bud Breault said there has been years of effort on this project. He believes they have satisfied the 19 points. This will improve safety, security, and the environment. There will be numerous jobs created both during the construction and after completion. This is a regionally important airport and the third busiest in the state. Place trust in the work done by numerous talented individuals. He would like to break ground in July. Councilor Canedy complemented the Airport Commission, Asst. Airport Manager Frank Sanchez and Manager Breault for their work to bring the project under budget. Although she was unsure whether she could support this project at first, she is now satisfied. VOTE: 11 Yes, 2 No (Roll Call) (Milne, Tinsley) 2010-093 CAPITAL EXPENSE APPROPRIATION TRANSFER & LOAN FOR BARNSTABLE MUNICPAL AIRPORT TERMINAL OF $21,430,851 Upon a motion duly made and seconded a public hearing was opened at 10:55 PM. VOTE: no objection Bob Doane, CFO of Cape Air - Nantucket Airlines read a letter from Daniel Wolf, President. (See Exhibit C) Upon a motion duly made and seconded the public hearing was closed at 10:56 PM. VOTE: No objection Councilor Tinsley asked why not pay up front from the surplus. Breault said they could afford to take the $1.7M out of reserve but there would be a very minimum of funds left as a rainy day fund. Counselor Munafo confirmed that the airport was not looking to expand operations to fund this. Breault stated he was correct.

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Councilor Milne asked about the green quality of the building. Breault said the architect reviewed what was done, given the funds available. Milne feels there is a risk factor with Retrix on the fuel charge, and asked about the availability of income from properties that are owned. Breault said there are 120 acres that could be approved by the FAA as surplus and sold. A motion was made and seconded to move the question. VOTE: One opposed. (Milne) 2010-093 CAPITAL EXPENSE APPROPRIATION TRANSFER & LOAN FOR BARNSTABLE MUNICPAL AIRPORT TERMINAL OF $21,430,851 ORDERED: That the sum of $21,430,851 be appropriated for the Barnstable Municipal Airport’s capital expense budgets and be added to Appropriation Order #0586A for the purposes of funding additional contracted architectural and engineering design costs, and costs associated with the construction and outfitting of the new Airport Passenger Terminal and the new Airport Access Road; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $18,213,851; and to further meet this appropriation that $3,217,000 be transferred from the Airport’s Reserve Fund; and furthermore that the Barnstable Municipal Airport Commission is authorized to contract for and expend the appropriation made available for these purposes, and be authorized to accept any grants or gifts in relation thereto. VOTE: 12 Yes, 1 No (Roll Call 2/3 vote) (Milne) NEW BUSINESS Upon motion duly made and seconded it was voted to refer the following Capital items to public hearings to be held on April 15, 2010: 2010-095 APPROPRIATE $75,000 AIRPORT ENTERPRISE FUND CIP-CLEARING THE VISUAL ZONE OF THE AIRPORT’S RUNWAY 15 2010-096 APPROPRIATION & LOAN - $1,365,000 SANDY NECK ENTERPRISE FUND CIP-SANDY NECK BEACH HOUSE RENOVATIONS & ADDITIONS 2010-097 APPROPRIATE & LOAN - $1,050,000 WATER SUPPLY ENTERPRISE FUND CIP-PIPE REPLACEMENT & UPGRADE PROGRAM FOR HYANNIS WATER SYSTEM 2010-098 APPROPRIATE $32,000 WATER SUPPLY ENTERPRISE FUND CIP-REPAIRS TO MARY DUNN 1 WATER STORAGE TANK 2010-099 APPROPRIATE $110,000 WATER SUPPLY ENTERPRISE FUND CIP-DESIGN FOR UPGRADING & LENGTHENING WATER MAIN 2010-100 APPROPRIATION & LOAN - $4,082,000 WATER SUPPLY ENTERPRISE FUND CIP-NEW WATER STORAGE TANK FOR HYANNIS WATER SYSTEM 2010-101 APPROPRIATE $185,000 SEWER ENTERPRISE FUND CIP-REPLACE CHLORINE TANK AT HYANNIS SEWER TREATMENT PLANT 2010-102 APPROPRIATE $150,000 SEWER ENTERPRISE FUND CIP-SEWER PUMP STATION ALARMS 2010-104 APPROPRIATE $3,250,000 CAPITAL TRUST FUND CIP-REPAIR PUBLIC ROADS & DRAINAGE SYSTEMS

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2010-105 APPROPRIATE $67,500 CAPITAL TRUST FUND CIP-DESIGNING & RECONSTRUCTION OF HERRING RUNS 2010-106 APPROPRIATE $30,000 CAPITAL TRUST FUND CIP-COASTAL DISCHARGE MITIGATION 2010-107 APPROPRIATE $65,000 CAPITAL TRUST FUND CIP-TO TREAT HYDRILLA & FANWORT 2010-108 APPROPRIATION & LOAN - $250,000 CAPITAL TRUST FUND CIP-REPAIRS TO BARNSTABLE WEST BARNSTABLE & CENTERVILLE ELEMENTARY SCHOOL PARKING LOTS 2010-109 APPROPRIATION & LOAN - $680,000 CAPITAL TRUST FUND CIP-SCHOOL BUILDING IMPROVEMENTS & EQUIPMENT UPGRADES 2010-110 APPROPRIATION & LOAN - $300,000 CAPITAL TRUST FUND CIP-MUNICIPAL FACILITY IMPROVEMENTS 2010-111 APPROPRIATION & LOAN - $650,000 CAPITAL TRUST FUND CIP-WEST BAY BRIDGE REPAIRS 2010-112 APPROPRIATION & LOAN - $250,000 CAPITAL TRUST FUND CIP-BOAT RAMP RENOVATION PROGRAM 2010-113 APPROPRIATION & LOAN - $600,000 CAPITAL TRUST FUND CIP-COMPREHENSIVE WASTEWATER PLAN 2010-114 TRANSFER ORDER - $473,000 CAPITAL TRUST FUND CIP-FUNDING THE SIDEWALK IMPROVEMENT PROGRAM One the motion stated above, VOTE: Unanimous 2010-115 TO VOTE ON THE MERITS OF THE FREE PETITION SUBMITTED IN ACCORDANCE WITH THE TOWN CHARTER, SECTION 8-7, FREE PETITION (b) Upon a motion duly made and seconded this item was referred to a public hearing on April 15, 2010. VOTE: Unanimous Upon a motion duly made and seconded it was voted to waive the rules for Items 2010-116 and 2010-119 APPOINTMENTS in order to vote on these appointments this evening. VOTE: Unanimous 2010-116 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: BARNSTABLE YOUTH COMMISSION Elizabeth Ells, 744 West Main Street, Hyannis, to a term expiring 06/30/2011 HUMAN SERVICES COMMITTEE Reverend John E. Holt, 334 Old Oyster Road, Cotuit to a term expiring 06/30/12 VOTE: Unanimous

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2010-119 APPOINTMENTS Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: RENEWABLE ENERGY COMMISSION Douglas Hempel, 170 Cape’s Trail, West Barnstable, to a term expiring 06/30/2011 Wallace Johnson, 26 Jilliann’s Way, Marstons Mills, to a term expiring 06/30/2011 Jan Rapp, 64 Old Shore Road, Cotuit, to a term expiring 06/30/2011 Robert Franey, Jr., 100 Alderbrook Lane, West Barnstable, to a term expiring 06/30/2012 Vanessa Lavoie, 244 Megan Road, Hyannis, to a term expiring 06/30/2012 Jeffrey Pimental, 20 Bell Road, Hyannis, to a term expiring 06/30/2012 Alison Alessi, 120 Chase Street, Hyannis, to a term expiring 06/30/2013 Amanda Converse, 558 Lumbert Mill Road, Centerville, to a term expiring 06/30/2013 James Ruberti, 30 Wedgewood Drive, Centerville, to a term expiring 06/30/2013 VOTE: Unanimous 2010-118 EXTEND THE TEMPORARY REXCREATIONAL SHELLFISH AREA & SHELLFISH RELAY OVERLAY DISTRICT TO REMAIN IN EFFECT UNTIL JUNE 30, 2010 Upon motion duly made and seconded, it was voted to refer this item to a joint hearing with the Planning Board to be held on April 15, 2010. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS In response to question of residential exemptions, Manager Klimm said Finance Director Mark Milne will report at the next meeting. The engineering staff is evaluating the cross-walk and a light is needed. The State Of The Town is next Thursday. Upon a motion duly made and seconded the meeting was adjourned at 11:22 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN OF BARNSTABLE

TOWN COUNCIL MEETING April 15, 2010

Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, April 15, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Janice Barton, Richard Barry, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, and James M. Tinsley, Jr. Absent: Thomas Rugo President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT John Julius commented on the sewer issue. Sewer financing should be on an override ballot. The Council should have come first to the voters instead of spending millions over the last 10 years. He suggested the Council put this question on the ballot or he will. Barnstable has a tremendous number of people who are hurting. He feels there is no scientific proof that the pollution is from private septic systems. It’s coming from the town’s facility. Al Baker spoke about mosquito control. The draining ditches are not in good shape. They are plugged and need to be cleaned up – stagnant water is attractive to mosquitoes. He also mentioned River Day and said the Council and CFAC workshops were good. He feels the need to step into the present and not worry about what was not done. Also, he suggests that Item 2010-115 be moved up in the agenda since others would like to comment and the agenda is lengthy. COUNCILOR RESPONSE Councilor Milne would also prefer to move up Item 2010-115. Bernice Latham, who worked in the Planning Board office, has an issue with some drainage ditches. There is a spirit of cooperation to attend to the draining ditches by both Mosquito Control and the town. On the sewer facility being a cause on the nitrogen issue, Milne asked that staff comment. Mark Ells, Director of Public Works, said there was no ground water pollution on Bearses Way from the treatment plant. The treatment plant removes the nitrogen and has been doing so from its existence. There are years of supporting data from some down gradient monitoring wells whose results are shared with water departments, etc. ACT ON MINUTES Councilor Canedy asked if her amendments which were emailed, had been made. They had. Upon a motion duly made and seconded it was voted to accept the minutes of April 1, 2010. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Munafo asked for the updates on taxes and residential exemptions as he requested at the last meeting.

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Jeff Rudziak, Director of Assessing said almost half of the qualified people have applied for the abatement program. Taxpayers still have several weeks to apply. Councilor Canedy asked him to send out the most current list so councilors could reach out again. He replied that there were 76 new applicants who did not know about the program. Any information, including who may be deceased, helps. Councilor Joakim thanked the Senior Center employees who have been calling people on the list to encourage them to apply. Councilor Tinsley mentioned that the town survey to update the open space program is due on April 30. Councilor Barry asked about any action on the Coastal Resource Management Plan. President Chirigotis said there is a plan and there will be another presentation. Mark Milne, Finance Director, reported that in the first 9 months, the town has collected 74.3% of the levy and this is comparable to last year and on track. Areas of concern are motor vehicle excise taxes, the reduction will be a $400,000 shortfall; hotel-motel taxes, with a projected shortfall of $150,000; and permit revenue down $100,000. There are almost $2M of unexpended appropriations that will offset the shortfall. Town Manager John Klimm said he and Director Milne review revenue projections every Monday morning. Empty employee positions, etc. will not be filled. There will be no shortfall. ORDERS OF THE DAY 2010-115 TO VOTE ON THE MERITS OF THE FREE PETITION SUBMITTED IN ACCORDANCE WITH THE TOWN CHARTER, SECTION 8-7, FREE PETITION (b) Upon a motion duly made and seconded it was voted to open a public hearing at 7:25 PM. VOTE: No objection Meredith Farnsworth supports this item and wished that it had been taken up in January. She appreciates the Council taking it up now. Upon a motion duly made and seconded it was voted to close the public hearing at 7:27 PM. VOTE: No Objection Councilor Munafo asked if it would be appropriate to discuss the financial impact even though this item is to vote on the merits. He knocked on about 200 doors in the Stewarts Creek area and the response was the fear of the cost. The people don’t want it to cost any more money and he would not be in favor of voting for this. Councilor Crocker asked for a clarification of the dates of petition vs. the dates of signed contracts. Town Attorney Ruth Weil said the signatures were certified on January 23, 2010 and the contracts were signed before that date, on January 15, 2010. The signers of the petition were notified. Funding was approved by DEP and the contract is binding. Crocker said this is the litmus test for determining the merits of petition. Councilor Milne said that if a moratorium took place and contracts were broken, the cost associated with a moratorium and delay would escalate the costs to the ratepayers. An earlier petition was voted in favor on the merits, but the petition could not be put forward. Councilors could vote favorably but still believe the project should stay intact. Councilor Tinsley asked what a yes vote would mean and what the next step would be – a moratorium on the project. Chirigotis said it would take a further action and have an impact on current contracts. Councilor Norman cannot support this petition on the merits.

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Councilor Farnham asked if funding from the stimulus money would be at risk. Director Ells said he can’t answer because he has no official capacity regarding the funds. If there were a deviation of the process, DEP would be notified and they would explain what it would mean to the town. Councilor Milne suggested that if he votes in favor of the merits, it does not obligate him to do anything else. Attorney Weil likened this to a past vote on the CCC Act. A subsequent vote would then need to be taken. Weil does not know if the DEP would react negatively if the merits were voted positively. Councilor Barton was concerned that sending a message of merit could jeopardize funding for people who can’t afford it. Councilor Joakim explained what the petition was about. The town already signed contracts and the plans have begun prior to the certification of the petition. A positive vote on the merits is not realistic. Councilor Barry said the people of Stewarts Creek don’t know how much this will cost. “Don’t put the shovel in the ground until you know how it will be paid.” In his opinion this part of town is not on the A track and it is incumbent to have a cost answer for the people: 100% betterment, 50% betterment, will the town kick in, or not. He will support it. The vote is a simple majority. A motion was duly made and seconded to have a roll call vote. VOTE: No Objection A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-115 TO VOTE ON THE MERITS OF THE FREE PETITION SUBMITTED IN ACCORDANCE WITH THE TOWN CHARTER, SECTION 8-7, FREE PETITION (b) Upon a motion duly made and seconded it was “We, the undersigned residents of the Town of Barnstable, do hereby petition the Barnstable Town Council to place a Moratorium on any and all plans to begin the excavation and sewering installation of the area of Hyannis known as Stewart’s Creek, until such time as sufficient financial support can be issued to homeowners of the affected area outlined in both Phase I and Phase II of the project voted upon on April 16, and August 6, 2009, respectively. The purpose of this Moratorium is to give the newly formed Citizens Advisory Committee the estimated eighteen month this Ad Hoc Committee will need to research and develop different treatment options and/or financing options available to address wastewater management in the Town of Barnstable, beginning with the project in Stewart’s Creek.” VOTE: 4 Yes, 8 No (roll call) (Yes votes: Barry, Dagwan, Milne, Norman) President Chirigotis took 2010-118 out of order. There were no objections. 2010-118 EXTEND THE TEMPORARY REXCREATIONAL SHELLFISH AREA & SHELLFISH RELAY OVERLAY DISTRICT TO REMAIN IN EFFECT UNTIL JUNE 30, 2010 Upon a motion duly made and seconded it was voted to open a joint hearing with the Planning Board at 7:55 PM. VOTE: Unanimous Planning Board members present: Patrick Princi, Chairman, Paul Curley, Marlene Weir and David Munsell.

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Chairman Princi made a motion which was seconded to open a public hearing. VOTE: Unanimous. Councilor Barry gave the rationale. Councilor Crocker made a motion to amend this item by extending the date to Aug 31, 2010 from June 30, 2010. The motion was seconded. VOTE: Unanimous The Planning Board made the same motion, which was seconded, to extend the effective date to August 31, 2010. VOTE: Unanimous Upon a motion duly made and seconded it was voted to close the hearing at 8 PM. VOTE: Unanimous The Planning Board made and seconded a similar motion. VOTE: Unanimous On item as amended 2010-118 EXTEND THE TEMPORARY RECREATIONAL SHELLFISH AREA & SHELLFISH RELAY OVERLAY DISTRICT TO REMAIN IN EFFECT UNTIL AUGUST 31, 2010 Upon a motion duly made and seconded it was ORDERED that: The period of time that the Temporary Recreational Shellfish Area and Shellfish Relay Area established under Section 240-37.1 of the Code of the Town of Barnstable shall remain in effect is hereby extended until August 31, 2010. VOTE: Unanimous (Roll Call) The Planning Board made a motion which was seconded to adopt Item 2010-118 as amended. VOTE: Unanimous (Roll Call) OLD BUSINESS NOTE: Pages 2 – 3 and pages 25 - 36 of the FY 2010 Capital Budget and FY 2010 – FY 2015 Capital Improvements Plan have been attached to these minutes as Exhibit A. 2010-095 APPROPRIATE $75,000 AIRPORT ENTERPRISE FUND CIP-CLEARING THE VISUAL ZONE OF THE AIRPORT’S RUNWAY 15 Upon a motion duly made and seconded it was voted to open a public hearing at 8:05 PM. VOTE: No Objection Manager Klimm recognized Finance Director Mark Milne, Budget Analyst Robert O’Brien, CFAC Chairman William Brower, and the members of CFAC. Klimm reviewed the highlights of the entire capital program. He explained how the projects were scored and the selected appropriations total $14,307,000. Director Milne gave a brief financial overview of the capital program. It is a $50M, ten year capital program that can be financed by monies put into the Capital Improvement Fund annually. Chairman Bill Brower said the CFAC reviewed all 81 projects and scored them according to criteria, including prioritizing from the point of view of residents rather than staff. Prioritizing was also based on the level of funding available and a need for the project subjectively. Agreement by a majority of

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the sub-committee was required to put the project on the short list. The CFAC scoring and the town task force scoring were similar. Klimm gave the rationale for Item 2010-095 (Exhibit A – pg 33). It is 95% FAA reimbursable, 2.5% state reimbursable and the remainder comes from town funds. Airport Manager Bud Breault explained a runway visibility zone: it is a clear area so two planes can see each other so to avoid collision. This will cover the design. The area will need to be cleared and lowered in height. (Exhibit B) Upon a motion duly made and seconded it was voted to close the public hearing at 8:20 PM. VOTE: No Objection

• Councilor Canedy asked about the environmental permitting. Joe Longo from Horsley Whitten said he will be going through the permitting process with various agencies to clear a number of environmental issues.

• Councilor Milne asked about vegetation. Mr. Longo explained they would clear cut to a level that is acceptable for visibility; a complete take down or height reduction will be determined. The visibility issue was not addressed as an environmental impact, because this is a clearing vs. creating an impervious area.

• Councilor Barry is supportive except for wiping out trees. He suggested in lieu of chipping the wood, cutting the trees and allowing people who use wood have a free for all.

• Councilor Farnham offered an amendment adding “for the purpose of permitting and designing a clearing for the runway.”

• Councilor Crocker suggested acquiring maintenance permits for the cleared area along the way. A motion was made and seconded to move the question. VOTE: Unanimous 2010-095 APPROPRIATE $75,000 AIRPORT ENTERPRISE FUND CIP-CLEARING THE VISUAL ZONE OF THE AIRPORT’S RUNWAY 15 Upon a motion duly made and seconded it was ORDERED: That the sum of $75,000 be appropriated for the purpose of clearing the Runway Visual Zone of the Airport’s Runway 15 to enhance aviation safety as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $75,000 be transferred from surplus funds within the Airport Enterprise Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-096 APPROPRIATION & LOAN - $1,365,000 SANDY NECK ENTERPRISE FUND CIP-SANDY NECK BEACH HOUSE RENOVATIONS & ADDITIONS Upon a motion duly made and seconded it was voted to open a public hearing at 8:28 PM. VOTE: No Objection Klimm gave the rationale (Exhibit A page 36). Nina Coleman, Sandy Neck Park Manager, gave a PowerPoint presentation (See Exhibit C). Director Milne reviewed the financing. Upon a motion duly made and seconded it was voted to close the public hearing at 8:40 PM. VOTE: No Objection

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• Councilor Barry asked if the purchase of off-road permits comprised the bulk of the enterprise account funds. Other revenue comes from parking fees, cottage rentals, merchandise sales, etc. He also asked why a sidewalk was to be constructed; there is not sidewalk to Rte, 6A. Coleman said it was a safety issue; Sandwich has been lobbying for a sidewalk.

• Councilor Crocker made the following amendment to be added at end of the order: “Should changes in the building design or building location be required, an additional approval by the Town Council will be required before the project can begin.”

• Councilor Milne supports the amendment as a good way to handle the situation. • Rick French, Chairman of the Sandy Neck Board of Directors said the bathhouse and garage are

approved. He does not see other issues except for the Department of Environmental Protection and National Heritage providing funding for the sidewalk. The plan changed from a complete rebuild to a new building.

• Councilor Farnham thanked Mr. French. Should there be any significant change, the council should know about it, hence the amendment. This is not to slight or second guess.

• Councilor Barton asked about bifurcating. • John Juros, DPW Owners Project Manager, said they are so close. The town is waiting for a

decision from National Heritage on a meandering pathway to the beach. If the sidewalk could not be done, it would not affect the building.

• Councilor Barton asked if the sidewalk were eliminated would they have to come back to the council. Crocker said it could be passed comfortably the same night.

• Councilor Dagwan asked if the parking would be continuous with the path. Parking and the path will be left separate.

• Councilor Munafo feel the amendment is just looking for safeguards. • Councilor Canedy noted that, as a result of the Old Kings Highway hearing, the color of the

roof was changed from red to gray and that the siding material was changed to natural wood. Juros responded that the decision would not be appealed.

A motion was made and seconded to amend Item 2010-096 by adding the following: “Should changes in the building design or building location be required, an additional approval by the Town Council will be required before the project can begin.” VOTE: Unanimous On Item as amended: 2010-096 APPROPRIATION & LOAN - $1,365,000 SANDY NECK ENTERPRISE FUND CIP-SANDY NECK BEACH HOUSE RENOVATIONS & ADDITIONS Upon a motion duly made and seconded it was ORDERED: That the sum of $1,365,000 be appropriated for the purpose of funding renovations and additions to the existing Beach House and site improvements at Sandy Neck as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $100,000 be transferred from surplus funds within the Sandy Neck Enterprise Fund, and that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $1,265,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. Should changes in the building design or building location be required, an additional approval by the Town Council will be required before the project can begin. VOTE: 10 Yes, 2 No (Roll Call) (Barry, Norman) 2010-097 APPROPRIATE & LOAN - $1,050,000 WATER SUPPLY ENTERPRISE FUND CIP-PIPE REPLACEMENT & UPGRADE PROGRAM FOR HYANNIS WATER SYSTEM Bill Brower said it will take 71 to 82 years to replace all the pipes. This is what we can afford and we will not replace all the pipes within their useful lives.

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Upon a motion duly made and seconded it was voted to open a public hearing at 9:10 PM. VOTE: No Objection Upon a motion duly made and seconded it was voted to close the public hearing at 9:10 PM. VOTE: No Objection Chairman Brower gave the rationale. (Exhibit A page 34).

• Councilor Norman asked if we will expend right up to the dollar amount. Yes. • Councilor Munafo asked about the impact on the rate structure. It is approximately 7% a year

and has been included in the plan. It will take 20 years for everything to be upgraded. • Councilor Milne asked if even the current contracted company will be required to bid. The

current company has not done so. • Councilor Crocker asked about the 20 year bond. The program fee model covers five years and

water income has been as projected. 2010-097 APPROPRIATE & LOAN - $1,050,000 WATER SUPPLY ENTERPRISE FUND CIP-PIPE REPLACEMENT & UPGRADE PROGRAM FOR HYANNIS WATER SYSTEM Upon a motion duly made and seconded it was ORDERED: That the sum of $1,050,000 be appropriated for the purpose of funding the pipe replacement and upgrade program for the Hyannis Water System as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $1,050,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-098 APPROPRIATE $32,000 WATER SUPPLY ENTERPRISE FUND CIP-REPAIRS TO MARY DUNN 1 WATER STORAGE TANK Upon a motion duly made and seconded it was voted to open a public hearing at 9:12 PM. VOTE: Deborah Krau gave the rationale. (Exhibit A Page 34). Upon a motion duly made and seconded it was voted to close the public hearing at 9:13 PM. VOTE: Councilor Munafo asked if the 7% increase would be an annual increase for the five year period. It would. A motion was made and seconded to move the question. VOTE: Unanimous 2010-098 APPROPRIATE $32,000 WATER SUPPLY ENTERPRISE FUND CIP-REPAIRS TO MARY DUNN 1 WATER STORAGE TANK Upon a motion duly made and seconded it was ORDERED: That the sum of $32,000 be appropriated for the purpose of funding repairs to the Mary Dunn 1 water storage tank as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $32,000 be transferred from surplus funds within the Water Supply Enterprise Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto.

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VOTE: Unanimous (Roll Call) 2010-099 APPROPRIATE $110,000 WATER SUPPLY ENTERPRISE FUND CIP-DESIGN FOR UPGRADING & LENGTHENING WATER MAIN Upon a motion duly made and seconded it was voted to open a public hearing at 9:16 PM. VOTE: Deborah Krau gave the rationale. (Exhibit A page 34) It makes sense for water quality to add the additional pipe despite the $1M cost and the design is needed. Upon a motion duly made and seconded it was voted to close the public hearing at 9:18 PM. VOTE:

• Councilor Munafo asked whether it would be a traditional elevated tank or some that are more ground level, disbursed throughout the area, through which water can be run. Hans Keiser DPW Water Department said this provides an opportunity to deal with water storage and compliance to the ground water rule by installing a couple of tanks through which the water can flow instead of one big one. Munafo asked if the people will not be tasting the chlorine. The result will be better water quality.

• Councilor Canedy inquired about a $700 discrepancy in the earlier amount. Krau said $110,000 is sufficient. Canedy also asked about any possibility for grants since this work is an unfunded mandate. Krau replied that grant possibilities will be explored. There is no more stimulus money and grants come and go.

• Councilor Barry asked about the possibility of a waiver from the DEP so the town would not be spending $110,000 for the design and $1M to install zigzag pipes. Keiser said it is a federal law and the town can’t take risks with public safety and health. There is no option.

• Councilor Norman asked if, in design mode will alternate ways to run the pipe be examined, such as a straight pipe that could later be tapped off for services. Yes.

A motion was made and seconded to move the question. VOTE: Unanimous 2010-099 APPROPRIATE $110,000 WATER SUPPLY ENTERPRISE FUND CIP-DESIGN FOR UPGRADING & LENGTHENING WATER MAIN Upon a motion duly made and seconded it was ORDERED: That the sum of $110,000 be appropriated for the purpose of funding the design for upgrading and lengthening the water main leaving the Hyannis Water System’s two water treatment plants as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $110,000 be transferred from surplus funds within the Water Supply Enterprise Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto VOTE: 11 yes 1 No (Roll Call) (Barry) 2010-100 APPROPRIATION & LOAN - $4,082,000 WATER SUPPLY ENTERPRISE FUND CIP-NEW WATER STORAGE TANK FOR HYANNIS WATER SYSTEM Deborah Krau gave the rationale. (Exhibit A page 33) MTBE money is sitting in coffers waiting for transfer. It is money provided by oil companies for damage they have done to wells. An additional $500,000 is a gift from the Larusso Foundation. This leaves a balance of $621,000 to be borrowed. Upon a motion duly made and seconded it was voted to open a public hearing at 9:28 PM.

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VOTE: Unanimous Upon a motion duly made and seconded it was voted to close the public hearing at 9:28 PM. VOTE: Unanimous

• Councilor Munafo asked about any other available funding. Director Ells said on all construction aspects dealing with water supply and wastewater; he always pursues all funding sources for construction and sometimes planning efforts. A master plan is done and has been submitted.

• Councilor Crocker applauded the fact that the additional storage capacity of the tank allows for multiple pumps to be set for water distribution based on need. This will save “a ton of dough.”

• Councilor Farnham asked if the amount appropriated should be less, given the two gifts. The entire amount must be appropriated regardless of where the funding comes or it cannot be spent.

A motion was made and seconded to move the question. VOTE: Unanimous 2010-100 APPROPRIATION & LOAN - $4,082,000 WATER SUPPLY ENTERPRISE FUND CIP-NEW WATER STORAGE TANK FOR HYANNIS WATER SYSTEM Upon a motion duly made and seconded it was ORDERED: That the sum of $4,082,000 be appropriated for the purpose of funding the construction of a new water storage tank for the Hyannis Water System as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $2,695,000 be transferred from available funds within the Capital Trust Fund, $266,000 be transferred from MTBE mitigation funds, $500,000 be transferred from the Lyndon P. Larusso gift account restricted for this purpose; and that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $621,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) President Chirigotis took Item 2010-107 out of order. 2010-107 APPROPRIATE $65,000 CAPITAL TRUST FUND CIP-TO TREAT HYDRILLA & FANWORT Upon a motion duly made and seconded it was voted to open a public hearing at 9:34 PM. VOTE: Manager Klimm gave the rationale. (Exhibit A page 25) Ron Sirch is Chairman of the Association for the Preservation of Long Pond. He thanked the council for working to control the hydrilla and fanwort. “Please don’t let up.” Pam Maguire, President of the Wequaquet Lake Association, said the fanwort is just in certain hotspots where it is easier to treat. She urges support on this item. Upon a motion duly made and seconded it was voted to close the public hearing at 9:39 PM. VOTE:

• Councilor Canedy asked if this treatment has a life span or do the lakes have to be treated ad infinitum. The funding breakdown is $45,000 for the fanwort in Lake Wequaquet and $20,000 for the hydrilla in Long Pond.

• Director of Regulatory Services, Tom Geiler explained that this was not just a Long Pond problem. They have been able to keep the hydrilla from spreading to other ponds – the cost could have been tremendous. Treatment has made this a manageable enemy. Not treating

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would eventually result in a mud hole. Both associations have provided tremendous in-kind support by monitoring, hand pulling and sampling the water. The town has received over $50,000 in grant funding. His department is always seeking grants.

• President Chirigotis said the town’s work on hydrilla containment is a nationally recognized effort. This is an invasive species and if the town stops treatment, all is lost. It is cheaper to maintain the program than let them grow back, fill the pond, and have to mow them down.

• Councilor Canedy agreed that the goal is to contain and reduce what is there. • Councilor Joakim pointed out that it comes off of boats. Boats are not allowed in Long Pond

but the town can’t exclude boats on Lake Wequaquet. • Councilor Milne asked if there were examples where the use of these products has eradicated it.

Centers for these studies are in Florida and the town’s success in Long Pond is the closest they can get as an example.

• Councilor Munafo asked about the use of alum. Geiler said alum deals with nitrogen problems; and is one of the better treatments and the safest.

A motion was made and seconded to move the question. VOTE: Unanimous 2010-107 APPROPRIATE $65,000 CAPITAL TRUST FUND CIP-TO TREAT HYDRILLA & FANWORT Upon a motion duly made and seconded it was ORDERED: That the sum of $65,000 be appropriated for the purpose of treating Hydrilla in Long Pond and Fanwort in Lake Wequaquet as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $65,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-101 APPROPRIATE $185,000 SEWER ENTERPRISE FUND CIP-REPLACE CHLORINE TANK AT HYANNIS SEWER TREATMENT PLANT Upon a motion duly made and seconded it was voted to open a public hearing at 9:51PM. VOTE: Klimm gave the rationale. (Exhibit A page 35) It is mandated by the Board of Health that the tank be replaced after 30 years. It is 30 years old. Upon a motion duly made and seconded it was voted to close the public hearing at 9:53 PM. VOTE: A motion was made and seconded to move the question. VOTE: Unanimous 2010-101 APPROPRIATE $185,000 SEWER ENTERPRISE FUND CIP-REPLACE CHLORINE TANK AT HYANNIS SEWER TREATMENT PLANT Upon a motion duly made and seconded it was ORDERED: That the sum of $185,000 be appropriated for the purpose of funding the replacement of a chlorine storage tank at the Sewer Treatment Plant in Hyannis as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $185,000 be transferred from surplus funds within the Sewer Enterprise Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto.

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VOTE: Unanimous (Roll Call) 2010-102 APPROPRIATE $150,000 SEWER ENTERPRISE FUND CIP-SEWER PUMP STATION ALARMS Vice President Crocker amended the appropriation amount of Item 2010-102 from $150,000 to $84,000. Mark Ells gave the rationale. (Exhibit A page 35) Upon a motion duly made and seconded it was voted to open a public hearing at 9:55 PM. VOTE: Upon a motion duly made and seconded it was voted to close the public hearing at 9:55 PM. VOTE: Councilor Tinsley congratulated and thanked the staff for finding a better plan for less money on behalf of the council and the constituents. 2010-102 APPROPRIATE $84,000 SEWER ENTERPRISE FUND CIP-SEWER PUMP STATION ALARMS Upon a motion duly made and seconded it was ORDERED: That the sum of $84,000 be appropriated for the purpose of funding new cellular type alarms at the Sewer Pump Stations as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $84,000 be transferred from surplus funds within the Sewer Enterprise Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) President Chirigotis made a motion which was seconded to postpone the public hearings on Item 2010-108 and Item 2010-109 to the meeting of May 6, 2010. The staff is not available this evening. VOTE: Unanimous 2010-104 APPROPRIATE $3,250,000 CAPITAL TRUST FUND CIP-REPAIR PUBLIC ROADS & DRAINAGE SYSTEMS Upon a motion duly made and seconded it was voted to open a public hearing at 10 PM. VOTE: Unanimous Town Manager Klimm gave the rationale. (Exhibit A page 25) Upon a motion duly made and seconded it was voted to close the public hearing at 10:04 PM. VOTE: Councilor Munafo made a motion to amendment the item by reducing the amount from $3,250,000 to $2,250,000. There was no second. A motion was made and seconded to move the question without amendment, VOTE: 11 Yes, 1 No (Milne) 2010-104 APPROPRIATE $3,250,000 CAPITAL TRUST FUND CIP-REPAIR PUBLIC ROADS & DRAINAGE SYSTEMS

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Upon a motion duly made and seconded it was ORDERED: That the sum of $3,250,000 be appropriated for the purpose of funding the repair of the Town’s public roads and drainage systems as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $3,250,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-105 APPROPRIATE $67,500 CAPITAL TRUST FUND CIP-DESIGNING & RECONSTRUCTION OF HERRING RUNS Upon a motion duly made and seconded it was voted to open a public hearing at 10:06 PM. VOTE: Manager Klimm gave the rationale. (Exhibit A page 31) This project has needed work for years and has been deferred. The opportunity for grant funding makes this doable. Upon a motion duly made and seconded it was voted to close the public hearing at 10:09 PM. VOTE: Unanimous Councilor Tinsley asked what would happen if the funds were not received. The project would not go forward. A motion was made and seconded to move the question. VOTE: Unanimous 2010-105 APPROPRIATE $67,500 CAPITAL TRUST FUND CIP-DESIGNING & RECONSTRUCTION OF HERRING RUNS Upon a motion duly made and seconded it was ORDERED: That the sum of $67,500 be appropriated as local matching funds for a Federal grant program for the purpose of Designing and Reconstructing Herring Runs as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $67,500 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-106 APPROPRIATE $30,000 CAPITAL TRUST FUND CIP-COASTAL DISCHARGE MITIGATION Upon a motion duly made and seconded it was voted to open a public hearing at 10:10 PM. VOTE: Unanimous John Klimm gave the rationale. Upon a motion duly made and seconded it was voted to close the public hearing at 10:12 PM. VOTE: A motion was made and seconded to move the question. VOTE: Unanimous

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2010-106 APPROPRIATE $30,000 CAPITAL TRUST FUND CIP-COASTAL DISCHARGE MITIGATION Upon a motion duly made and seconded it was ORDERED: That the sum of $30,000 be appropriated as local matching funds for a Federal grant program for the purpose of Coastal Discharge Mitigation as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that $30,000 be transferred from available funds within the Town’s Capital Trust Fund, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-110 APPROPRIATION & LOAN - $300,000 CAPITAL TRUST FUND CIP-MUNICIPAL FACILITY IMPROVEMENTS Upon a motion duly made and seconded it was voted to open a public hearing at 10:13 PM. VOTE: Unanimous Manager Klimm gave the rationale. (Exhibit A page 27) Upon a motion duly made and seconded it was voted to close the public hearing at 10:14 PM. VOTE: Unanimous 2010-110 APPROPRIATION & LOAN - $300,000 CAPITAL TRUST FUND CIP-MUNICIPAL FACILITY IMPROVEMENTS Upon a motion duly made and seconded it was ORDERED: That the sum of $300,000 be appropriated for the purpose of funding municipal facility improvements as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $300,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-111 APPROPRIATION & LOAN - $650,000 CAPITAL TRUST FUND CIP-WEST BAY BRIDGE REPAIRS Upon a motion duly made and seconded it was voted to open a public hearing at 10:15 PM. VOTE: John Klimm gave the rationale. (Exhibit A page 32) Upon a motion duly made and seconded it was voted to close the public hearing at 10:16 PM. VOTE:

• Councilor Munafo asked how old were the $400,000 that were left over from dredging. Finance Director Milne said the funds are 8 years old. They are borrowed funds which have not been used. The town has been paying interest on these funds.

• Councilor Canedy asked Councilor Crocker how long the project had been a CIP candidate. Crocker explained that it has been an effort to keep the bridge open even part time during the season. He complimented DPW for their efforts.

A motion was made and seconded to move the question.

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VOTE: Unanimous 2010-111 APPROPRIATION & LOAN - $650,000 CAPITAL TRUST FUND CIP-WEST BAY BRIDGE REPAIRS Upon a motion duly made and seconded it was ORDERED: That the sum of $650,000 be appropriated for the purpose of funding the West Bay Bridge repairs as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation that $400,000 be transferred from available funds under council order 2001-087 and that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $250,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-112 APPROPRIATION & LOAN - $250,000 CAPITAL TRUST FUND CIP-BOAT RAMP RENOVATION PROGRAM Upon a motion duly made and seconded it was voted to open a public hearing at 10:20 PM. VOTE: Unanimous The Town Manager gave rationale. (Exhibit A page 32) Upon a motion duly made and seconded it was voted to close the public hearing at 10:21 PM. VOTE: Unanimous

• Councilor Crocker pointed out that extra fees for parking were collected to defray repairs to the boat ramp and should be applied to this. Director Milne said the town can’t directly spend the fees on a project, but it does make it an annual contribution to the Capital Trust Fund. Crocker explained that the amount for this parking is more than what everyone else pays and the understanding was that the parking money went into a specific reserve. Milne explained that the funds cannot be put into a specific reserve either. Crocker feels a need to be clearer to those paying the extra fees that the monies do fund ramp repairs but not directly.

• Councilor Milne asked if the town was applying some of the Duck Boat revenue to the Brown Boat Ramp. Director Milne said it was the same process of contributions to the trust fund to make the payments. Councilor Milne applauds the efforts for this kind of mitigation.

• Councilor Canedy pointed out that this appropriation was for $250,000 not $212,000. The $212,000 is the estimate for the construction; the rest is for design and permitting. If the project comes in less that will be what is borrowed. She also suggested that when projects came in under budget, the council be advised as a matter of course, as to the discrepancy in funding and actual cost and status of unexpended funds. Town Manager Klimm agreed to advise the Council regularly and in writing regarding such projects.

A motion was made and seconded to move the question. VOTE: Unanimous 2010-112 APPROPRIATION & LOAN - $250,000 CAPITAL TRUST FUND CIP-BOAT RAMP RENOVATION PROGRAM Upon a motion duly made and seconded it was ORDERED: That the sum of $250,000 be appropriated for the purpose of funding the Boat Ramp Renovation Program as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $250,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto.

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VOTE: Unanimous (Roll Call) 2010-113 APPROPRIATION & LOAN - $600,000 CAPITAL TRUST FUND CIP-COMPREHENSIVE WASTEWATER PLAN Upon a motion duly made and seconded it was voted to open a public hearing at 10:31 PM. VOTE: Mark Ells gave the rationale. (Exhibit A page 26) The town has 2/3rds of the funding; this piece is the final third. Upon a motion duly made and seconded it was voted to close the public hearing at 10:35 PM. VOTE: Unanimous

• Councilor Munafo asked the purpose of phase 3; Ells explained. The third phase is to do site specific evaluations to determine which scenario will address the specific problems. Funding comes from a Capital Trust Fund appropriation so the whole town is paying.

• Councilor Milne asked about this planning money including the Three Bays. Ells said this study will lay out the map of what will be done. This precedes the specific “nuts and bolts” stage. This portion needs to be completed for the project to be eligible for funding by MEPA or the DRI process. Klimm added that this was one of the options considered.

• Councilor Farnham asked why spend $600,000 for this phase at this time. He favors putting this on hold until there is more scientific evidence and asks why the urgency for Phase 3. Ells explained that the UMass study which, set standards for wastewater issues, has been criticized and is under a third party review. The results of that study will be available.

• Councilor Munafo asked what if this was delayed for another year. Ells said a draft plan is scheduled to be presented to the CAC in early summer. In addition, the town could not complete the 3 phases and this would stop the study. The funding source SRF is looking for completion. There is a 2-year rolling window and the town may have to reapply.

• Councilor Crocker feels that there is spending of a lot of money without a clear vision of where it is going, what will be done on the West Side, unknown what new technologies may offer, etc. Ells explained that the expectation is to bring forward a plan to tell how the town will address the thresholds of wastewater. TMDLs have been set except for Lewis Bay and Barnstable Harbor. The focus is on how to get the embayments to or below the nutrient level. Milne said this step is critical to get to the solution. The final amount will only be known once the town goes through this phase.

• Councilor Milne heard Andy Gottlieb, one of the experts in this field, speak at a recent meeting. Gottlieb stated that the UMass study should not be ignored since there is some good research in it.

A motion was duly made and seconded to extend the meeting beyond 11 PM. VOTE: Unanimous Councilor Munafo made a motion to postpone this item to May 6. Councilor Canedy seconded.

• Councilor Canedy would like to have a short workshop with the various experts regarding the latest status.

• Councilor Barton thinks there are smart people here and can’t see postponing. • Councilor Barry feels there has been much money spent for water in Hyannis and the need is in

the western part of the town. The money is needed for planning how to improve the water quality.

• Councilor Tinsley feels this is quibbling over the amount; lets attack before there is a problem. • Councilor Canedy asked for a two week postponement to have an opportunity to seek out the

information.

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• Councilor Milne added that Mr. Gottlieb said “It is absolutely a mistake to kick this can down the road.”

On the motion to postpone: VOTE: 4 Yes (Norman, Munafo, Crocker, Canedy), 7 No, 1 Abstention (Farnham) A motion was made and seconded to move the question. VOTE: Unanimous 2010-113 APPROPRIATION & LOAN - $600,000 CAPITAL TRUST FUND CIP-COMPREHENSIVE WASTEWATER PLAN Upon a motion duly made and seconded it was ORDERED: That the sum of $600,000 be appropriated for the purpose of funding Phase III of the Comprehensive Wastewater Management Plan as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $600,000, and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: 9 Yes, 3 No (Roll Call) (Canedy, Farnham, Munafo) 2010-114 TRANSFER ORDER - $473,000 CAPITAL TRUST FUND CIP-FUNDING THE SIDEWALK IMPROVEMENT PROGRAM Upon a motion duly made and seconded it was voted to open a public hearing at 11:05 PM. VOTE: Klimm gave the rationale. (Exhibit A page 32). Upon a motion duly made and seconded it was voted to close the public hearing at 11:06 PM. VOTE:

• Councilor Munafo asked about the source of the $140,000 being transferred. Finance Director Milne explained that when the funds were first borrowed in 2007, it was for the entire cost of the project because the borrowing market was attractive, and interest rates were low. When project was done, $140,000 was left. Low interest rates will be around for some time so the town can do a short term borrowing for the new money, then the long term note for the actual amount.

• Councilor Crocker thanked Bob Lovell and his crew for their fine work. A motion was made and seconded to move the question. VOTE: Unanimous 2010-114 TRANSFER ORDER - $473,000 CAPITAL TRUST FUND CIP-FUNDING THE SIDEWALK IMPROVEMENT PROGRAM Upon a motion duly made and seconded it was ORDERED: That the sum of $140,000 be transferred from the remaining sidewalk appropriation balance in Council Order 2003-085, that the sum of $308,000 be transferred from the remaining sidewalk appropriation balance in Council Order 2005-085, and that $25,000 be transferred from the remaining sidewalk appropriation balance in Council Order 2007-094, all for the purpose of funding the Sidewalk Improvement Program as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto.

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VOTE: Unanimous (Roll Call) NEW BUSINESS 2010-121 APPROPRIATION COMMUNITY PRESERVATION FUNDS - $10,000 OPEN SPACE AND RECREATION Upon a motion duly made and seconded it was voted to refer this item to a public hearing on May 6, 2010. VOTE: Unanimous TOWN MANAGER COMMUNICATIONS None. Upon a motion duly made and seconded the meeting was adjourned at 11:12 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN OF BARNSTABLE


Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:00 PM, on Thursday, May 6, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo and James M. Tinsley, Jr. Absent: Richard Barry. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence given by Councilor Joakim on the unexpected passing of Jim Moore, a member of the Survey Section of the DPW.

Martin J. Flynn Scholarship Awards Len Gobeil, member of the Martin J. Flynn Scholarship Committee introduced the other members: Nancy Vecchione, Deborah Hill, Jan Cligott, John Marsden, and Town Manager, John Klimm. The following students were awarded scholarships: Daniel Anthony, Stephanie Beels, Ericka Drucker, Emilie Friary, Katrina Malakhoff, Mackenzie Milne, Shannon Pacella, Taylor Perkins, Samantha Santos, Benjamin Cohen, Elizabeth Kearney and Caitlin Mooney. (See Exhibit A) Several parents accepted on behalf of their children, who were at college or involved in a school activity at the high school. PUBLIC COMMENT Milton Berglund spoke about options for a fair financing plan for wastewater management He would like to avoid sectional divisions in the management of wastewater. He feels a true plan is still under development. Use of a trust fund not restricted to 20 year life could include benefits for all residents after the five critical areas are addressed. Alan Burt thanked Councilor Barton for her help with the overnight program. This helps place about 50 homeless people into permanent housing every year. It is more than a shelter program – it gets people into housing throughout the Cape. Al Baker mentioned a successful and sunny River Day and a sign-up at Burgess Park. He also announced the upcoming dates of the COMM Fire District’s information night, election and annual meeting. Homeless programs should not be stopped due to politics and bureaucracy. Ed Merigan is the new Veterans Services Director. He said he was filling “big shoes” and will try to keep up with Sid Chase’s traditions. COUNCILOR RESPONSE Councilor Milne thanked Mr. Merigan for organizing a fine farewell retirement party for outgoing Sid Chase. Councilor Dagwan said it is always nice to see students from the school system receiving scholarships. ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of April 15, 2010. VOTE: Unanimous

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COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Canedy offered condolences to the family of Candy Jenkins, who passed away in an untimely fashion. Her expertise and vibrant personality will be missed. Councilor Barton said River Day was wonderful. Alan Burt personifies a Gandhi phrase: “the change you want to see in the world”. Jennifer L. Cullum, owner of the Sea St. Market, was awarded the Unsung Heroine Award. Barton thanked the Chief of Police for running the recent unwanted prescription pill drop-off event. Chief Paul MacDonald reported that almost 170 people stopped in with prescriptions to discard. It was a huge success. MacDonald is trying to coordinate among the Cape towns to have one event quarterly. Unwanted drugs can be brought in anytime. Councilor Canedy pointed out that pills can be crushed in a plastic bag and brought to the dump for incineration. Councilor Joakim spoke about the Council on Aging Volunteer Tea and thanked all the volunteers. Councilor Milne said that the Commonwealth of Mass., the DEP and the Cape Cod Water Collaborative were holding a forum on implementing wastewater solutions. He also addressed a safety problem at High School Road and South Street suggesting possibly installing a stop sign in lieu of a traffic light. Councilor Munafo said the noise at the West Main St. pump station was a disruption and he thanked all the residents for putting up with it. DPW Director Mark Ells explained that the work began the last day of school prior to the vacation to obtain feedback on the noise level so it could be addressed before school was back in session. The vibration sheet has been completed. Councilor Canedy gave an update on the bulkhead at Barnstable Harbor. Construction will begin after May 17th and continue through Thanksgiving. This too will be noisy. Councilor Barton spoke of the community pride in Siobhan Magnus as well as the recognition of the McKenzie Brothers Construction Company, Builder of the Green Home of the Year. ORDERS OF THE DAY OLD BUSINESS 2010-087 ESTABLISH A DESIGNATED GIFE ACCOUNT FOR HYCC Manager Klimm gave the rationale. Councilor Milne supports this effort. He asked how the entire building naming rights would work given that the building already has a name and sign. Manager Klimm said for a significant contribution the donor’s name would go before the HYCC. Director of Community Services, Lynne Poyant, said the name element (HYCC) would not be lost. A corporate or personal name would go before HYCC. As for the term of the naming right, Poyant added that a marketing expert researched to see what were appropriate terms. There are many examples of corporate names on venues. Naming rights are no longer in perpetuity. Councilor Crocker asked how many times the fund could be revisited; it could be more than once a year. Councilor Farnham suggested that the website would be a nice way to recognize those who are due credit. Director Poyant said it would be difficult to give credit for federal and state funding to other sources. Many people were active in getting the funding, A motion was duly made and seconded to move the question. VOTE: Unanimous

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2010-087 ESTABLISH A DESIGNATED GIFE ACCOUNT FOR HYCC Upon a motion duly made and seconded it was RESOLVED that, the Town Council, pursuant to the provisions of G.L. c. 44 §53A, hereby authorizes the establishment of a gift account to segregate from other operating revenue of the Hyannis Youth & Community Center; all contributions and other gifts received for the benefit of the Hyannis Youth & Community Center, including those associated with naming rights, for future capital and operating needs subject to the Town Manager’s recommendation and Town Council appropriation. VOTE: Unanimous 2010-108 APPROPRIATION & LOAN - $250,000 CAPITAL TRUST FUND CIP-REPAIRS TO BARNSTABLE WEST BARNSTABLE & CENTERVILLE ELEMENTARY SCHOOL PARKING LOTS Upon a motion duly made and seconded a public hearing was opened at 7:58 PM. VOTE: No objection John Klimm gave the rationale. Also present were: Thomas Macdonald, School Committee; Tony Lacina, School Facilities Manager; Bill Butler, School Attorney; Ann Marie Ellis, Assistant Finance Director; and Marie McKay, Assistant Superintendent. Upon a motion duly made and seconded the public hearing was closed at 7:50 PM. VOTE: No objections A motion was duly made and seconded to move the question. VOTE: 11 Yes, 1 No (Milne) 2010-108 APPROPRIATION & LOAN - $250,000 CAPITAL TRUST FUND CIP-REPAIRS TO BARNSTABLE WEST BARNSTABLE & CENTERVILLE ELEMENTARY SCHOOL PARKING LOTS Upon a motion duly made and seconded it was ORDERED: That the sum of $250,000 be appropriated for the purpose of funding repairs to the Barnstable West Barnstable and Centerville Elementary schools parking lots as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $250,000, and that the School Committee is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-109 APPROPRIATION & LOAN - $680,000 CAPITAL TRUST FUND CIP-SCHOOL BUILDING IMPROVEMENTS & EQUIPMENT UPGRADES Manager Klimm gave the rationale. Upon a motion duly made and seconded a public hearing was opened at 8:00PM. VOTE: no objections Upon a motion duly made and seconded the public hearing was closed at 8:00 PM. VOTE: no objections

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Assistant Superintendent McKay spoke in support of the requested improvements. Tony Lacina Facilities Director said he formulated a true long-term facilities plan – outlining both current and future needs with a time-line. Capital needs will now be predictable. Councilor Munafo questioned the bonding. Finance Director Milne said the terms will depend on the project and will average about 10 years. Councilor Canedy requested a copy of the facilities plan. Councilor Crocker asked about the long term borrowing. Director Milne said he tries to capture long term interest rates when they are low. The market is predicting a rise in interest rates in next 12 months. Crocker likes the strategy. Councilor Milne asked if there were estimates on how using energy efficient windows will reduce the energy costs. Lacina said that currently the windows are not energy efficient; there will be significant savings and added security. Councilor Norman asked if the town receives any energy rebates from upgrading. There may be a rebate from Cape Cod Compact. Councilor Barton said the time and energy spent is appreciated. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-109 APPROPRIATION & LOAN - $680,000 CAPITAL TRUST FUND CIP-SCHOOL BUILDING IMPROVEMENTS & EQUIPMENT UPGRADES Upon a motion duly made and seconded it was ORDERED: That the sum of $680,000 be appropriated for the purpose of funding school building improvements and equipment upgrades as outlined in the FY 2011 - FY 2015 Capital Improvement Plan as recommended by the Town Manager; and that to meet this appropriation, the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $680,000, and that the School Committee is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto. VOTE: Unanimous (Roll Call) 2010-117 GIFT ACCEPTANCE Of $1,670 FROM DAVID C. PINA & ROBERT MAFFEI TO PURCHASE A WISHING WELL FOR HYCC Manager Klimm gave the rationale. He thanked Mr. Pina and Mr. Maffei. Councilor Crocker said it was a great legacy from two who have been committed to their neighborhoods. Councilor Dagwan thought this particular contribution was a wonderful idea. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-117 GIFT ACCEPTANCE Of $1,670 FROM DAVID C. PINA & ROBERT MAFFEI TO PURCHASE A WISHING WELL FOR HYCC Upon a motion duly made and seconded it was RESOLVED, That the Town Council does hereby accept a gift in the amount of $1,670.00 from David C. Pina II and Robert Maffei to be used by the Barnstable Recreation Division for the purchase of a spiral wishing well to be located within the Hyannis Youth and Community Center. VOTE: Unanimous 2010-121 APPROPRIATION OF $10,000 COMMUNITY PRESERVATION FUNDS Upon a motion duly made and seconded a public hearing was opened at 8:14 PM. VOTE: no objections

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Manager Klimm gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 8:15 PM. VOTE: Councilor Canedy has supported this and asked for a history as well as a breakdown of the funding sources. Lindsay Counsel gave the history and said the committee determined what it could allocate for this –landscaping and fencing. This will complete the physical aspects of the park. Susanne Powers became involved in this project when a grandmother said her grandchild who was disabled had no playground to use. She researched boundless playgrounds and began an awareness campaign to let people know the need. She is grateful that the CPC could come up with funding for the landscaping/fencing. Councilor Canedy asked about the projected completion. The parking areas are not ready but they have received interest from construction companies to complete that aspect. Councilor Crocker had questions on the real estate – in return for the funding. President Chirigotis said the town already voted to allow the use of the land. Crocker questioned the use of CPA funds for capital improvements of the town. Attorney David Houghton said the land is a long-term leased municipal property, so the town can actually spend on improvements. Councilor Norman asked for a description of the fence. He has a child with autism. Powers explained that the playground has specific areas for autistic children where they can be quiet. The fencing will be safe and prevent bolting. Councilor Barton said all children will be welcomed. The area can also be used by parents or grandparents with physical limitations. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-121 APPROPRIATION OF $10,000 COMMUNITY PRESERVATION FUNDS OPEN SPACE & RECREATION Upon a motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G. L. c. 44B, the sum of up to Ten thousand dollars and no/100 ($10,000.00) be appropriated and transferred from the amount set aside for Open Space / Recreation in the Community Preservation Fund on June 18, 2009 under agenda item 2009-129; and that the Community Preservation staff in the Growth Management Department are authorized to contract for and expend the amount appropriated with the prior approval of the Town Manager for the creation of a recreational facility known as Luke’s Love – A Boundless Playground located at 2377 Meetinghouse Way, West Barnstable as shown on Map / Parcel 155 / 002 and 155 / 040. The project consists of landscaping and site work. VOTE: Unanimous (roll call) Alicia Parker Stanley, Property Management Coordinator, said that in celebration of AmeriCorps Week in the Town of Barnstable, AmeriCorps Cape Cod and the Town will be creating a Coastal Mitigation Nursery to raise beach-grass on a town-owned vacant parking lot on Craigville Beach Road, the former Suni Sands Motel lot. This will save money in the long run and Ms. Stanley is looking for volunteers. Councilor Canady asked if the replanting of the beach-grass could be coordinated with phagmites removal. That is part of the plan. Manager Klimm added that it is a big deal to be named an AmeriCorps project. Another AmeriCorps project for seniors took place this week in conjunction with HAC where 22 citizens participated. He thanked AmeriCorps. NEW BUSINESS

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2010-122 AMENDMENT TO CHAPTER 240 ARTICLE III OF THE ZONING ORDINANCE ADDING MARSTONS MILLS VILLAGE DISTRICT Upon a motion duly made and seconded this item was referred to the Planning Board for a public hearing. VOTE: Unanimous 2010-123 AMENDMENT TO CHAPTER 240 OF THE ZONING ORDINANCE – SIGN REGULATIONS Upon a motion duly made and seconded this item was referred to the Planning Board for a public hearing. VOTE: Unanimous 2010-124 REAPPOINTMENTS TO THE AFFORDABLE HOUSING/GROWTH & DEVELOPMENT TRUST FUND BOARD Klimm gave the rationale. There is currently a balance of $900,000 in the fund. Councilor Farnham thought it might be nice to know what kind of projects will be considered. Councilor Canedy asked if the Town Council approves the use of the funds. Klimm explained that the Board has the authority to appropriate these; it is a trust fund. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-124 REAPPOINTMENTS TO THE AFFORDABLE HOUSING/GROWTH & DEVELOPMENT TRUST FUND BOARD Upon a motion duly made and seconded it was ORDERED: That the Town Manager hereby reappoints the following individuals to serve as Trustees of the Affordable Housing/Growth and Development Trust Fund Board, pursuant to the provisions of M.G.L. c. 44 §55C and subject to confirmation by the Town Council: Thomas Lynch, 95 Phinney’s Lane, Centerville, MA, to a term expiring 06/30/2011 Mark Milne, 606 River Road, Marstons Mills, MA, to a term expiring 06/30/2011 Laura Shufelt, 1696 Osterville-West Barnstable Road, W. Barnstable, MA, to a term expiring 03/31/2012 Wendy Northcross, 1684 Main Street, West Barnstable, MA, to a term expiring 03/31/2012 VOTE: 11 Yes, 1 No (Canedy) 2010-125 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION A motion was duly made and seconded to amend the Council On Aging appointee, Susan Brodrick, by changing her position from associate member to member. VOTE: Unanimous A motion was duly made and seconded to suspend the rules and vote on this item this evening. VOTE: Unanimous A motion was duly made and seconded to move the question on this item as amended. VOTE: Unanimous 2010-125 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION

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Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: CULTURAL COUNCIL Lucy Loomis, 645 Skunknet Road, Centerville, as member to a term expiring 6/30/13 Rebecca Lawrence, 157 Pond View Drive, Centerville, as a member to a term expiring 6/30/13 COUNCIL ON AGING Suzanne Broderick, 170 Gleneagle Drive, Centerville, as a member to a term expiring 6/30/13 VOTE: Unanimous 2010-145 GRANT ACCEPTANCE- $42,000 FROM EXEC. OFFICE OF PUBLIC SAFETY Upon a motion duly made and seconded it was RESOLVED, that the Town Council hereby accepts a grant to the Town of Barnstable Police Department in the amount of $42,000 from the Commonwealth of Massachusetts, Executive Office of Public Safety and Security. Chief Macdonald gave the rationale. Councilor Farnham asked about the grant covering a 20 hr./wk. position. Macdonald explained that the position was already half-time and the grant will make it full-time. VOTE: Unanimous LATE FILE 2010-146 AUTHORIZING THE TOWN MANAGER TO ACQUIRE EASEMENTS Upon a motion duly made and seconded this item was moved to a second reading on May 20, 2010. VOTE: Unanimous Councilor Crocker suggested sending a notice to all the condo members. The easement is already agreed upon. It was suggested that their attorney be contacted and the notice go through the trustees. Upon a motion duly made and seconded it was voted to enter into executive session at 8:50 PM for the purpose of discussing litigation strategy and not return to open session. VOTE: 11 Yes, 1 No (Roll Call: Janice Barton Y, Ann Canedy Y, Frederick Chirigotis Y, James Crocker, Jr. Y, Debra Dagwan Y, Henry Farnham Y, Janet Joakim Y, J. Gregory Milne Y, James Munafo, Jr. Y, John Norman Y, Thomas Rugo Y, James M. Tinsley, Jr. N) Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN OF BARNSTABLE


Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:21 PM, on Thursday, May 20, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. (7:50), Debra Dagwan, Henry Farnham, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo (7:25). Absent: Janet Joakim, James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence.

• Residential Exemption Update Director of Assessing, Jeff Rudziak and Finance Director, Mark Milne gave an update on the status of the residential exemption. Well over half of the 4,700 plus property owners, who had not yet proved their residency in the town, and were receiving a residential exemption along with those who did qualify, have filed the required tax information by the May 3, 2010 deadline. About 1,800 property owners remain undocumented. They will be removed from the residential list for the FY2011 tax bill. There is an option to send these 1,800 home owners a supplementary bill for the taxes they owe for FY10. This will be discussed by the Board of Assessors, who makes the final decision. It was decided not to disallow the residential exemption to owners who did not file paperwork this year because those non-filers who were actually residents could have filed for abatements. There were insufficient funds in the overlay account to cover that possibility and potentially, the overlay account could have shown a deficit of over $2M. Those who have not provided info will not receive the exemption in 2011. Director Milne is increasing the set aside money to over $1.7 M in the FY11 overlay account. The tax levy will be up 2.5% next year. From now going forward, people who have not filed will be removed for FY2011. Councilor Rugo suggested sending one more postcard, closer to the bill time. Several other councilors requested a list of the questionable residents from their precincts for a personal follow-up. Councilor Milne pointed out that going forward there will be more in the overlay account for abatements to be funded. Director Milne pointed out that the overlay account is a buffer for other exemptions besides abatements, such as veterans, etc. PUBLIC COMMENT John Julius spoke about the taxpayers being over assessed and overcharged because they missed the deadlines. He also spoke about Patrick Paige and Jane Saunders judged not guilty. Mr. Paige deserves a no trespass order against him at town hall lifted. Sara Cody read a statement on behalf of Barbara Hill, Executive Director of Clean Power Now, asking the Council to reconsider their vote in opposition to the Cape Wind project. Tina Carey spoke about the overpayment of taxes, feeling that the deadline should have been firm and those who missed it kept off. Carl Freeman spoke in favor of Cape Wind. None of the technical information has changed in 7 years. The wind farm will become a symbol of energy independence. Ruth Bechtel, Secretary of Clean Power Now, asked the council to refrain from spending taxpayer money to overturn Cape Wind. The bay is not more special than other lovely places in the world. She suggested the councilors have open minds and become leaders for the community.

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Richard Bartlett also commented on tax dollars having been spent in unsuccessful legal attempts to stop Cape Wind. He has heard that even more tax dollars will be spent fighting the federal government. He says that 75% of voters want to see it built. Economic prosperity has happened everywhere that wind power is harnessed. George Gingold supports Cape Wind. He suggested job creation in a new industry as a common ground interest that is not tilting at windmills. Construction and maintenance are wonderful employment opportunities and should be aggressively explored. Don Bernard pointed out that the councilors were not elected to follow the will of the people but to do the right thing for the town. The majority of people support Cape Wind and the project has the blessing of Salazar and the FAA. He mentioned the death of coal miners and of 5 oil rig workers. He urges doing the right thing and ending the fiasco of a futile law suit. Nan Ingram of West Barnstable expressed her positive thoughts about Cape Wind. The council is going against the tide of popular belief that the wind farm will be environmentally sound, clean and safe. Cliff Carroll spoke in opposition to the Cape Wind project. Nantucket Sound is the life of the Cape and the heritage of the Cape and Islands. He described the monumental building that will be involved including the use of dielectric oil. An oil breach will hit the shorelines within hours. The same group that approved the oil rig has approved this project. Such a project is too important to leave it in the hands of a private person. The FAA conclusions do not support the study. Keep doing the right thing on behalf of the majority. Diana Duffley spoke in favor of the wind project. The design is a triple containment system to hold the oil. There has been eight years of debate. This will be the first off-shore wind farm in all of America. The town’s focus should be on music, athletics and schools, not costly litigation. Dorothy Hughes asked a question on the residential tax exemption regarding the number of people yet to respond. Meredith Farnsworth spoke on the wastewater project. Despite no consensus on Stewarts Creek she is hopeful that a solution will be found. She also agrees with Mr. Julius on the status of Pat Paige. Charles McLaughlin, town attorney, addressed the concern regarding litigation expenditures. The Cape Wind Project poses significant risk for the town. Over 1 M gallons of fuel are shipped to Nantucket that will pass very close to the towers – 2 minutes away from a disaster. He cited the Bouchard spill, which is comparable in volume of oil transported, whose cleanup cost was $50M. Should a spill happen here, the oil would be on the beaches within 5 hours. The MMS did not answer questions regarding the Town being first responder – which would be the case as listed in the Cape Wind plan. The Town would have to spend millions of dollars to purchase equipment to deal with any emergency – boat crashes, plane crashes, injuries, oil spills, etc. In addition, the FAA determination that the wind project will interfere with radar has not been addressed. There are 120,000 flights out of Barnstable and over 400,000 overall. The suggestion of banning all air traffic without a transponder, eliminating the use of many smaller aircraft, was never debated or disclosed. The Town proposed, in good faith, moving the project to another location. Cape Wind needs to come to the table and negotiate. The Town’s public safety is at risk and the response to potential emergencies will cost twenty-fold more than the cost of litigation. COUNCILOR RESPONSE Councilor Munafo pointed out that people have said they don’t want the wind turbines built if the cost will be more than the current cost of electricity. He also questioned the tax rates set over 2½%. Director Milne said the residential exemption shifts the revenue from one class of taxpayers to another, which does not affect the total tax increase which meets the requirements of Proposition 2.5.

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Councilor Milne pointed out that he and Councilors Barry & Joakim were the only three current councilors to view the original presentation by Mr. Gordon on Cape Wind. The three left the meeting to eliminate the quorum. He has been to many hearings on the subject and concluded that he was not in support of the project. He suggested the Cape Wind people use the charter and request a ballot question at the town election, which is the only way to settle what the public thinks. Councilor Barry said no one is against clean power. The town has passed ordinances allowing windmills on private property. However, the issue is the place not the power. This will be an industrial power plant at Horseshoe shoal which is pristine. He suggested putting the towers along the power lines. Anything done to a pristine place will change it forever. Barnstable will get nothing but higher electric bills. Councilor Canedy said the people in her precinct are mixed on the Cape Wind Project. She is not an enemy of wind energy; however, the town should be a major stakeholder and has never been. First responders, bear cost of clean up, etc. The current oil spill has safeguards in place; it was regulated and the accident occurred. The Cape Wind Project is an unfunded mandate of the Federal Government on the town which accrues to a private developer. She would like all at the table to discuss issues that have not been brought up. Councilor Barton supports green initiatives and noted the recently formed Renewable Energy Commission. The council needs to look at the safety issues for the Town. Councilor Dagwan commented on the tax exemption deadlines and the fact that they were extended was appreciated by many seniors. Clean energy has been an issue for some time. The trade-off should be more jobs and lower energy bills. ACT ON MINUTES Upon a motion duly made and seconded it was voted to accept the minutes of May 6, 2010. VOTE: Unanimous COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS Councilor Barry asked the public to contact him on the parking issue; one faction wants to reduce parking others don’t. Councilor Barton will share that the Council on Substance Abuse is looking for a grant. ORDERS OF THE DAY OLD BUSINESS 2010-146 AUTHORIZING THE TOWN MANAGER TO ACQUIRE EASEMENTS Upon a motion duly made and seconded it was ORDERED: That the Town Manager be authorized to acquire by purchase, within the amount appropriated under Town Council Order 2010-017 for the sewer collection expansion at Stewart’s Creek—West Side (Phase II), three easements for the purpose of constructing a sewer pump station and related equipment, and an easement access on land located on Marston Avenue in the Town of Barnstable, Barnstable County, Massachusetts, Assessors Parcel 288180, as follows: (1) A permanent easement containing 4,195 square feet of land, more or less, for a wastewater pump station building and related equipment; (2) a permanent easement containing 2,916 square feet of land, more or less, for the purpose of access to the pump station; and (3) a temporary construction easement containing 1,473 square feet of land, more or less, all as shown on a plan of land entitled “Plan of Sewer Pump Sta. Easement in

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Barnstable (Hyannis) MA For the Town of Barnstable as made by the D.P.W. - Survey Section . . . Dated Dec. 2, 2009,” a copy of which plan is on file in the Town Clerk’s Office. DPW Director Mark Ells gave the rationale. The cost has come in under budget. Councilor Milne said his favorite pump station is on Estey Avenue; it is well landscaped and screened. He asked how this one will be screened. Ells said a cedar roof and shingles as well as vegetative cover. A motion was made and seconded to move the question. VOTE: Unanimous On 2010-146 VOTE: 9 Yes 1 No (Munafo) Recess from 8:50 – 9 PM NEW BUSINESS

• FY 2011 BUDGET Town Manager John Klimm reviewed the budget preparation process. Finance Director Milne gave an overview. (See Exhibit A) The budget reflects no more than a 4% cut in state aid, as well as no funding for COLA in the budget for any employee. The budget hearings on June 3 will be interactive with the public who can call in with questions. 2010-128 FY11 APPROPRIATION-$57,530,731 LOCAL SCHOOL SYSTEM BUDGET Patrick Murphy, School Committee Chairman, introduced Superintendent Patricia Grenier. Superintendent Grenier made a PowerPoint presentation (See Exhibit B) Grenier said she did not ask each of her departments for what they needed, but for what they could do without. Councilor Munafo heard the average teacher’s salary was about $66,000 and would like to know if it is accurate. He thought that was steep. Grenier explained that the lower paid staff with less seniority were let go which may have inflated the average salaries. Eighty percent are at the top step and did not receive any step increase. Councilor Canedy was concerned about the inclusion of the $700,000 stimulus funding and the possible reliance on it. Grenier explained that funding comes from a Special Education Grant and Title 1. This year they funded salaries of people who would be retiring or whose position were to end this year and were not going to be replaced, with ARRA funds. The impact of using the funds next year would have meant layoffs, loss of programs, etc. In conjunction with consolidated finance department personnel, a two year budget was developed based on assumptions and scenarios. For example, the circuit breaker never hit 100%; it was more like 76% and is now down to 40%. Next year it may be less. However, basing next year on 40%, if assumptions are correct and there are no catastrophes, a level serviced budget for FY2012 is without the $700,000. Superintendent Grenier said they will begin the new budget once this one is in place. She has $12 M in the school savings account but if the $700,000 is not used it will go back to the government. Expenses are down in the SPED area due to several of the high cost, out-of-area placements who are ageing out and leaving the program. The department can use 50% of ARRA for maintenance of effort, such as professional development, instead of taking the funds from the budget. Of course, SPED claims to the state will go down with less expensive billing and the circuit breaker will decrease too. Councilor Milne asked about whether busing was contracted or in-house. The current contract has two more years ending in 2013 before the town can reconsider busing in house. Grenier added that they are looking at doing an analysis of the costs one way or the other now, in anticipation. The town will need

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a service department to service the buses, but there will be revenue from leases which can be put aside for the maintenance. If a bad repair occurred it would be a problem. Councilor Dagwan asked about state transportation funding. Grenier said the state was not giving us any. Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous Councilor Barry left the meeting. 2010-126 FY11 APPROPRIATION-$11,404,968 POLICE DEPARTMENT BUDGET Police Chief Paul MacDonald gave the rationale via a PowerPoint presentation (See Exhibit C) Councilor Canedy spoke about the growing use of ATVs and other vehicles on conservation lands. The department has dealt with it before. There is no legal space for ATVs unless they are used on a person’s own land or private property. Councilor Munafo asked about the alarm registrations, which are due every two years. The decrease in the Quinn Bill is due to state cutbacks. Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-127 FY11 APPROPRIATION-$6,017,576 BARNSTABLE MUNICIPAL AIRPORT ENTERPRISE FUND BUDGET Airport Manager Bud Breault gave the rationale. He referred to the 2011 Budget Book for his presentation. Projected revenues are down 20%; expenses down 18%. He is projecting a small surplus for this fiscal year. He has reduced the budget by 17%. Enplanements, fuel sales, etc. are down. He is projecting a flat year in 2011. He is not anticipating any COLAs or filling two positions. The resolution of the contract with the Teamsters is not known at this time. Breault said he may be back for a supplemental appropriation next year if the economy turns downward. Projects are on track; he is going out to bid on the fully funded tower. He hopes to have the tower up by July. Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous (Councilors Canedy & Rugo were not present for this vote.) Note: Items 2010-129 through 2010-132 were placed on the floor together. DPW Director Mark Ells gave the rationale and made a PowerPoint presentation. (See Exhibit D) 2010-129 FY11 APPROPRIATION-$8,324,722 DEPT. OF PUBLIC WORKS GENERAL FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-130 FY11 APPROPRIATION-$2,583,674 DEPT. OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-131 FY11 APPROPRIATION-$4,789,070 DEPT. OF PUBLIC WORKS WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous

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2010-132 FY11 APPROPRIATION-$2,763,500 DEPT. OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous Councilor Rugo left the meeting. 2010-133 FY11 APPROPRIATION-$2,285,769 REGULATORY SERVICES DEPT. BUDGET Director of Regulatory Services Tom Geiler gave the rationale with a PowerPoint presentation (See Exhibit E) Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous Upon a motion duly made and seconded it was voted to suspend the rules in order to continue the meeting past 11 PM. VOTE: 6 Yes, 3 No 2010-134 FY11 APPROPRIATION-$2,601,880 COMMUNITY SERVICES DEPT. BUDGET Director of Community Services, Lynne Poyant introduced the staff and began a PowerPoint presentation (See Exhibit F). At 11 PM Councilor Munafo left the meeting room causing the quorum to be lost. He consented to return, reconstituting the quorum, in order to allow the remaining items to be moved to public hearings. 2010-134 FY11 APPROPRIATION-$2,601,880 COMMUNITY SERVICES DEPT. BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-135 FY11 APPROPRIATION-$$3,042,415 GOLF COURSE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-136 FY11 APPROPRIATION-$3,028,705 HYANNIS YOUTH & COMMUNITY CENTER ENTERPRISE FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-137 FY11 APPROPRIATION-$592,162 MARINA ENTERPRISE FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-138 FY11 APPROPRIATION-$555,325 SANDY NECK PARK ENTERPRISE FUND BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-139 FY11 APPROPRIATION-$973,274 GROWTH MANAGEMENT DEPT. BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010.

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VOTE: Unanimous 2010-140 FY11 APPROPRIATION-$343,010 TOWN COUNCIL BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-141 FY11 APPROPRIATION-$573,820 TOWN MANAGER BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-142 FY11 APPROPRIATION-$5,274,724 ADMINISTRATIVE SERVICES DEPT. BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-143 FY11 APPROPRIATION-$27,072,099 OTHER REQUIREMENTS BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous 2010-144 FY11 APPROPRIATION-$1,295,000 REVOLVING FUNDS BUDGET Upon a motion duly made and seconded this item was referred to a public hearing on June 3, 2010. VOTE: Unanimous LATE FILE 2010-147 ACCEPTANCE OF GIFTS FOR SPECIAL COUNSEL SERVICES AND RELATED LEGAL COSTS Upon a motion duly made and seconded this item was postponed to June 3, 2010, VOTE: Unanimous Upon a motion duly made and seconded it was voted to adjourn the meeting at 11:10 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN OF BARNSTABLE

TOWN COUNCIL MEETING June 3, 2010

Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:02 PM, on Thursday, June 3, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr. (8:00), Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne (7:15), James Munafo, Jr., John Norman, Thomas Rugo (7:10), and James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. PUBLIC COMMENT John Julius was appalled by a town official who was “on a rampage” inside a local real estate office and wondered what message was being sent. He asked the council to establish a sign policy so any business owner can have a sign within those constraints. Tina Carey spoke of the high cost of sewering and hopes the council will come up with a plan soon. She suggested better planning in installing pipes so that it is done before a new road is put in and paid for by residents instead of afterwards. She also spoke of all the expenditures which she feels are superfluous under the current financial situation and which the people cannot afford. Brittany Coy spoke on behalf of Maryann Barboza who was suspended from the Culture Room at the Youth Center for something she said not in front of the children. A number of students who are active participant in the Culture Room activities spoke. Attached is a copy of a letter read into the record on Barboza’s behalf. (See Exhibit A) Many of the students signing the letter commented at the meeting. President Chirigotis explained that the council does not have oversight and suggested other forums that could be used. Robert Tucker spoke on various subjects including thinking hard and strong about the windmills. Liza Cox, an attorney with Nutter, McLelland & Fish, serving on the Board of Directors of the Hyannis Chamber of Commerce, read a letter in favor of the town hiring an economic development specialist in the Growth Management Department. (See Exhibit B). A letter from Amanda Converse, Chairman of the BEDC is also attached as Exhibit C. Al Baker announced several events. He suggested the council establish a group to keep track of roads – when they were done, how long it took, etc. A similar project had been implemented through the Highway Department some time ago. Dan Normand, a member of the BHSCMPS – a chapter of a national group of Community Problem Solvers spoke. Other members present were Katrina Malakoff and Luke Starr. They entered the national competition and selected educating the public on how to dispose of pharmaceuticals and prescription drugs as their problem to solve. The six member team has been invited to present their project at an international competition. They need to raise $1,000 per entrant for the 6 members. Requested any funding the town could provide. COUNCILOR RESPONSE Councilor Canedy explained that with respect to “Open House” signs, people have worked on it, but, to date, there has been no order that was acceptable. She suggested that if it is still an issue, the business community should draft a solution which she will submit to the council.

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Councilor Barry was pleased to see young people getting out and involved. With regard to spending money, he pointed out that the difference between last year’s and this year’s budget is an increase of about $41,000. Councilor Tinsley pointed out that Item 2010-154 amends sign regulations and he invited the business community to attend the hearing. Councilor Milne, noting the active political season, would like to address political signs at a council meeting before mid-August. He pointed out that the Council does not run the town or act as overseers. The day-to-day operation is staff function. Councilor Canedy pointed out that the upcoming agenda item has nothing to do with real estate signs. Councilor Dagwan pointed out that there is no issue with the Youth Center; the issue involves only the United Cultural Resource Room. She suggested the student attend the Board of Directors’ meeting to air their concerns. President Chirigotis reiterated that this did not involve the council. Town Manager John Klimm added that if it were not for the council there would not be a youth center. Recreation Director David Curley and Community Services Director, Lynne Poyant have strict rules; certain activities are not allowed and will not be. ACT ON MINUTES Upon a motion duly made and seconded it was voted to postpone action on the minutes of May 20 to the next meeting, June 10. VOTE: 11 Yes, 2 No (Farnham, Rugo) Recess 7:45 ORDERS OF THE DAY OLD BUSINESS

• FY 2011 BUDGET WORKSHOPS COMMUNITY SERVICES DEPARTMENT: 2010-134 FY11 APPROPRIATION-$2,601,880 COMMUNITY SERVICES DEPT. BUDGET 2010-135 FY11 APPROPRIATION-$$3,042,415 GOLF COURSE ENTERPRISE FUND BUDGET 2010-136 FY11 APPROPRIATION-$3,028,705 HYANNIS YOUTH & COMMUNITY CENTER ENTERPRISE FUND BUDGET 2010-137 FY11 APPROPRIATION-$592,162 MARINA ENTERPRISE FUND BUDGET 2010-138 FY11 APPROPRIATION-$555,325 SANDY NECK PARK ENTERPRISE FUND BUDGET Lynne Poyant Director of Community Services; Dan Horn, Harbormaster; Eric Shufelt, Harbormaster; Nina Coleman, Sandy Neck Park Manager; Doug Kalweit, Division Supervisor, Natural Resources; Dave Curley, Director Recreation & Human Services; and Madeline Taylor, Director Senior Services were present. (See exhibit D) Councilor Munafo asked about the capital account funding by fees. Finance Director Mark Milne explained the need, per the business plan, for using fees to fund future similar expenditures. The town is cognizant of the fact that it cannot totally count on the taxpayers to cover all expenses. Enterprise accounts are established with that in mind.

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2010-139 FY11 APPROPRIATION-$973,274 GROWTH MANAGEMENT DEPT. BUDGET Joanne Buntich gave the rationale. (See Exhibit E) Councilor Munafo felt the new economic development position description was not complete. It needed a definition of professional requirements to befit the grade. Buntich said the plan is not to ask for funding next year unless they can quantify the benefits as an investment. The results of the work plan will be presented next year. Councilor Norman was concerned about the confusion caused by staff members who advocate conflicting actions. Buntich assured that all will operate with a comprehensive view. They will be able to avoid potential conflicts between village needs, etc. Councilor Crocker was concerned about fee increases which seem over 3 times the revenue. Manager Klimm said these were proposed at budget proposal time but none have been realized. Any fee decision will come before the council. Fee increases result in the use of less tax dollars. Councilor Farnham felt the Growth Management fee increase had been remarkably high. Businesses will be willing to pay more fees if there is a value in the permitting process. If the process is streamlined the fee can increase. In addition the Council should provide input on what the job description of the ombudsman should be to help the permitting mission be accomplished. Better results for those who pay the higher fees is ok. Crocker said fees will further support the dept while other money can be used for another department. 2010-140 FY11 APPROPRIATION-$343,010 TOWN COUNCIL BUDGET Manager Klimm said this budget is the same as last year. A change in health insurance caused the increase. (See FY2010 Operating Budget book) 2010-141 FY11 APPROPRIATION-$573,820 TOWN MANAGER BUDGET Manager Klimm gave the rationale. The staff has not received a COLA for several years. The 3% adjustment is for step increases for employees who have not reached the maximum step. 2010-142 FY11 APPROPRIATION-$5,274,724 ADMINISTRATIVE SERVICES DEPT. BUDGET FINANCE DIVISION Finance Director Milne gave the rationale. (See Exhibit F) Councilor Crocker asked about the sources of funds. They are mostly from sale of items such as dog licenses, etc. and are conservative estimates. Councilor Munafo asked for an explanation of the tax title process. It is a foreclosure process used when taxes are not paid resulting in town ownership of the property as tax possession property. Properties are vetted thru conservation, affordable housing and recreation for use by the town. Treasurer Debra Blanchette said there is a current inventory identified of about 20 properties. LEGAL DIVISION Town Attorney Ruth Weil gave the rationale. (See Exhibit G) Manager Klimm clarified misinformation regarding law suits against him or the town. Councilor Crocker asked about the payments for out-services. The department has used little outside council which is paid by insurance policies thus decreasing expenses. Councilor Milne would like a 10 year history of outside council usage, taxpayer overhead, etc. Weil added that CFAC found that privatization of the legal services makes no sense, however, the town should investigate making the department the regional legal center. HUMAN RESOURCES DIVISION Director William Cole gave the rationale. (See Exhibit H) Councilor Munafo asked if the town was obliged to continue to pay police under the Quinn Bill now that the state is no longer funding it. Cole said contractual language relating to the Quinn Bill is

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stronger than other communities and favors the municipality. Manager Klimm added that if the funding ended the town would not be responsible. Councilor Farnham wanted to know what latitude the councilor would have in discussion of contracts, salaries, etc. INFORMATION TECHNOLOGY Director Dan Wood gave the rationale. Councilor Farnham asked about Channel 18. Comcast is funding it. Councilor Milne asked about I-Net. It cannot be used for commercial purposes. It is an enhancement that connects, at high speed, all buildings, unified phone systems and live broadcasting from all the locations. Councilor Crocker asked how long the town has gone without upgrades. It has been several years. Expenses are software related; an upgrade to Office 10 would cost $135,000. Maintenance costs applying to servers, PCs, etc. are under 3-year contracts. Phones are under Structures and Grounds. 2010-143 FY11 APPROPRIATION-$27,072,099 OTHER REQUIREMENTS BUDGET Director Milne gave the rationale. The FY11 budget is up about $175,000. Councilor Milne asked if insurance overhead would go down with fewer buildings. Could the Freedom Hall model be duplicated? Director Milne explained that divesting assets would affect costs. The 10-year window reflects that insurance costs were hit hard resulting in an increase of fees. It was difficult to find insurance companies that would cover the town. 2010-144 FY11 APPROPRIATION-$1,295,000 REVOLVING FUNDS BUDGET Director Milne gave the rationale. There is only one change in the dollar amount for Regulatory Services – Weights and Measures. This is due to a shift of staff into this area, increasing the amount. 2010-147 GIFT ACCEPTANCE - SPECIAL COUNSEL SERVICES AND RELATED LEGAL COSTS Attorney McLaughlin gave the rationale. Councilor Canedy pointed out that this was allowing acceptance of gifts, not the expending of funds. Councilor Munafo wanted to know how the money will be expended and the authorization process. He would like some additional controls as to how it is used. Councilor Norman made a motion, which was seconded, to amended the item by inserting after purpose: ”with the approval of a simple majority of the Town Council.” Attorney Weil said logistically it will be difficult to come back to the council. Councilor Barton suggested making the amendment tighter or restricting the options. Gifts may or may not be restricted. Atty. McLaughlin said it was time consuming and cumbersome to bring it back to the council; the decision may have to move quickly; and it is established procedure. Norman felt if it came before council there would be an open meeting and public knowledge. On the amendment: VOTE: 6 Yes, 7 No fails. Councilor Farnham made a motion to amend the item by deleting the word “thereto” and substituting “to Cape Wind litigation.” Discussion involved the possibility of the account existing indefinitely, whether the amendment allowed extra funds to be returned to the donors and what might be the result if the project changed hands. Atty. McLaughlin said if the company changes hands it could be a problem to dispose of the funds afterwards. Councilor Farnham made another motion, which was seconded, to amend the item by deleting the word “thereto” and substituting “involving litigation of Cape Wind and its successors or assigns.” On the amendment

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VOTE: 9 Yes, 4 No Passes A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-147 GIFT ACCEPTANCE - SPECIAL COUNSEL SERVICES AND RELATED LEGAL COSTS Upon a motion duly made and seconded it was RESOLVED, that the Town Council, pursuant to the provisions of G.L. c. 44, §53A, hereby establishes an account for the purpose of receiving gifts to help defray the cost of the employment of special outside counsel and other costs related involving litigation of Cape Wind and its successors or assigns and hereby authorizes the Town Manager to approve the expenditure of monies from said gift account for that purpose. VOTE: 12 Yes, 1 No (Tinsley) CFAC Chair Bill Brower gave their report reviewing the proposed budget for FY 11 (See exhibit I) Councilor Farnham suggested a joint workshop between the council and CFAC. Chairman Brower thought it was an excellent idea. PUBLIC HEARINGS ON BUDGET 2010-126 FY11 APPROPRIATION-$11,404,968 POLICE DEPARTMENT BUDGET Upon a motion duly made and seconded a public hearing was opened at 10:31 PM. VOTE: No objections Chief McDonald, in answer to a call-in question said he will have foot patrol on a limited basis. Upon a motion duly made and seconded the public hearing was closed at 10:35 PM. VOTE: No Objection Councilor Norman questioned the redundancy of both police officers and officers from the Mass Environmental Police patrolling same areas, suggesting calling the PD when needed. Chief McDonald explained that a rowdy group will need the PD and it makes a significant difference. The harbormaster does not make arrests, the rangers can’t, and the Coast Guard won’t. Councilor Barry would rather see police officers present. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-126 FY11 APPROPRIATION-$11,404,968 POLICE DEPARTMENT BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $11,404,968 be raised and appropriated for the purpose of funding the Town's FY 2011 Police Department budget as presented to the Town Council by the Town Manager. VOTE: Unanimous (Roll Call) 2010-127 FY11 APPROPRIATION-$6,017,576 BARNSTABLE MUNICIPAL AIRPORT ENTERPRISE FUND BUDGET Upon a motion duly made and seconded a public hearing was opened at 10:40 PM. VOTE: No objection Airport Manager Bud Breault answered a call-in question regarding ground breaking for the new facility. It will begin in July.

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Upon a motion duly made and seconded the public hearing was closed at10:41 PM. VOTE: A motion was duly made and seconded to move the question. VOTE: Majority in favor 2010-127 FY11 APPROPRIATION-$6,017,576 BARNSTABLE MUNICIPAL AIRPORT ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $6,017,576 is appropriated for the purpose of funding the Town's FY 2011 Airport Enterprise Fund budget, and to meet such appropriation that $6,017,576 be raised from current year revenues by the airport as presented to the Town Council by the Town Manager VOTE: 12 Yes, 1 No (Roll Call) (Munafo) 2010-128 FY11 APPROPRIATION-$57,530,731 LOCAL SCHOOL SYSTEM BUDGET Upon a motion duly made and seconded a public hearing was opened at 10:44 PM. VOTE: No objection Superintendent Patricia Grenier answered several call-in questions. She is anxious about using onetime money such as ARRA funding, which, if not used, is returned to government. She has a healthy reserve fund for 2012 and monies in several other accounts. There are no planned school closures next year and the drop out rates continues to decline. Upon a motion duly made and seconded the public hearing was closed at 10:45 PM. VOTE: No objection Supt. Grenier explained that the average teachers’ salaries compared to the statewide averages was 16% below in 2004 and 25% below in 2005. since so many of the bottom level salaried teachers have been laid off, the remaining faculty are the higher paid individuals. (See Exhibit J) Barnstable has the worst benefits package in the state. The Circuit Breaker funding from the state has not been near the 100% promised but more like 40%. The Foundation Formula is different every year; students with special needs are ageing out, decreasing the amount of money spent and received. Councilors Farnham and Munafo said the staff was very qualified and school programs were outstanding. There will always be students who need out of area placements. A motion was duly made and seconded to extend the meeting past 11PM. VOTE: 11 Yes, 2 No (Rugo, Tinsley) Supt. Grenier explained that the child’s home community reimburses the town for students under the School Choice program. If they are from Barnstable, the town pays. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-128 FY11 APPROPRIATION-$57,530,731 LOCAL SCHOOL SYSTEM BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $57,530,731 be raised and appropriated for the purpose of funding the Town's FY 2011 Local School System budget as presented to the Town Council by the Town Manager. VOTE: 11 Yes, 2 No (Roll Call) (Canedy, Munafo) 2010-129 FY11 APPROPRIATION-$8,324,722 DEPT. OF PUBLIC WORKS GENERAL FUND BUDGET

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Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-130 FY11 APPROPRIATION-$2,583,674 DEPT. OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-131 FY11 APPROPRIATION-$4,789,070 DEPT. OF PUBLIC WORKS WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-132 FY11 APPROPRIATION-$2,763,500 DEPT. OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-133 FY11 APPROPRIATION-$2,285,769 REGULATORY SERVICES DEPT. BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-134 FY11 APPROPRIATION-$2,601,880 COMMUNITY SERVICES DEPT. BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-135 FY11 APPROPRIATION-$$3,042,415 GOLF COURSE ENTERPRISE FUND BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-136 FY11 APPROPRIATION-$3,028,705 HYANNIS YOUTH & COMMUNITY CENTER ENTERPRISE FUND BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-137 FY11 APPROPRIATION-$592,162 MARINA ENTERPRISE FUND BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-138 FY11 APPROPRIATION-$555,325 SANDY NECK PARK ENTERPRISE FUND BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous

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2010-139 FY11 APPROPRIATION-$973,274 GROWTH MANAGEMENT DEPT. BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-140 FY11 APPROPRIATION-$343,010 TOWN COUNCIL BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-141 FY11 APPROPRIATION $573,820 TOWN MANAGER DEPARTMENT Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-142 FY11 APPROPRIATION-$5,274,724 ADMINISTRATIVE SERVICES DEPT. BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-143 FY11 APPROPRIATION-$27,072,099 OTHER REQUIREMENTS BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous 2010-144 FY11 APPROPRIATION-$1,295,000 REVOLVING FUNDS BUDGET Upon a motion was duly made and seconded a public hearing on this item was opened and continued to June 10, 2010. VOTE: Unanimous NEW BUSINESS 2010-148 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded this item was referred to a second reading on June 17, 2010. VOTE: No objection 2010-149 APPROPRIATION-$639,831 OF COMMUNITY PRESERVATION FUND RESERVE SET-ASIDES FOR CPC ADMINISTRATIVE EXPENSES Upon a motion duly made and seconded this item was referred to a public hearing on June 17, 2010. VOTE: No objection 2010-150 APPROPRIATION $2,947,748 FY11 COMMUNITY PRESERVATION FUND DEBT SERVICE Upon a motion duly made and seconded this item was referred to a public hearing on June 17, 2010. VOTE: No objection 2010-151 APPROPRIATION & TRANSFER - $1,024,146 FOR THE REPLACEMENT OF BARNSTABLE HIGH SCHOOL TRACK AND ATHLETIC FIELD Upon a motion duly made and seconded this item was referred to a public hearing on June 17, 2010. VOTE: No objection

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2010-152 ACCEPTANCE OF A $3,000 CC COOP. EXT. WILDFIRE ASSESSMENT & PREPAREDNESS PROGRAM LAND MGMENT & WILDFIRE GRANT Upon a motion duly made and seconded it was RESOLVED, That the Town Council hereby accepts a Cape Cod Cooperative Extension Wildfire Assessment and Preparedness Program Land Management and Wildfire grant in the amount of $3,000 to purchase 3 maintenance-free recycled plastic message centers (kiosks) for the trail heads at West Barnstable Conservation Area, located in Marstons Mills and West Barnstable. Councilor Munafo asked if this was a federal grant. It is not. A motion was duly made and seconded to move the question. VOTE: Unanimous On Item 2010-152 VOTE: Unanimous 2010-153 ACCEPTANCE OF A $12,000 CC COOP. EXT. WILDFIRE ASSESSMENT & PREPAREDNESS PROGRAM LAND MGMENT & WILDFIRE GRANT Upon a motion duly made and seconded it was RESOLVED, That the Town Council hereby accepts a Cape Cod Cooperative Extension Wildfire Assessment and Preparedness Program Land Management and Wildfire grant in the amount of $12,000, for mechanical clearing of two fire fighter safety zones, clearing 10’ buffers along connecting trails between the safety zones and proper signage to mark areas. A motion was duly made and seconded to move the question. VOTE: Unanimous On Item 2010-153 VOTE: Unanimous 2010-154 AMEND C. 240 OF THE ZONING ORDINANCE – SIGN REGULATIONS Upon a motion duly made and seconded this item was referred to a public hearing on June 17, 2010. VOTE: Unanimous 2010-155 AMEND ZONING ORDINANCE CHAPTER 240, ARTICLE III - ADDING MARSTONS MILLS VILLAGE DISTRICT (MMVD) Upon a motion duly made and seconded this item was referred to a public hearing on June 17, 2010. VOTE: Unanimous Upon a motion duly made and seconded it was voted to adjourn the meeting at 11:15 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN OF BARNSTABLE


Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:03 PM, on Thursday, June 10, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo, and James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence. ACT ON MINUTES Upon a motion duly made and seconded action on the minutes of May 20, 2010 were postponed to June 17, 2010 VOTE: Unanimous OLD BUSINESS

• FY 2011 BUDGET Town Manager John Klimm reported some good news from Finance Director Mark Milne, who said the recent General Obligation Bond sale attracted 4 bidders and the low bid was 3% for 20 years. This is the lowest rate the town has ever had. Standard & Poors reaffirmed the towns AAA bond rating. In addition, a $1.2 M Bond Anticipation Note sold for a 12 month period at 0.6% interest. CONTINUED PUBLIC HEARINGS ON BUDGET: 2010-129 FY11 APPROPRIATION $8,324,722 DEPT OF PUBLIC WORKS GENERAL FUND DPW Director Mark Ells answered several call-in questions. On improvements to the recreation center, painting will occur on the front of the center and be completed as funds allow. On the roadway construction, work will stop when school is out. Councilor Crocker said the Osterville Village Assn. supports finishing all the projects. Councilor Munafo asked if Barnstable maintains, has a contract on, or has taken over the RTA property. The town is maintaining the landscaping, but does not own it. As to other RTA parks and grounds, within the layout of the roads, the town will do the best it can. There has been no funding. Councilor Milne asked about the cost of the repainting. The remaining budget is $12,000 and Ells is looking for quotes. He also inquired about some of the older community buildings, suggesting the town divest and they be taken over by private organizations. Manager Klimm said it was costly to keep the buildings open, that are important to the community members, yet it is difficult to find non-profits or other groups to maintain some of these town own buildings. Freedom Hall and the Men’s Club in Marstons Mills are success stories. Councilor Farnham asked if Mark Ells received an inquiry from the West Barnstable Civic Association about interior painting and new flooring at the West Barnstable community building. Ells said he would consult with the project architect and provide costs. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections A motion was duly made and seconded to move the question. VOTE: Unanimous

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2010-129 FY11 APPROPRIATION-$8,324,722 DEPT. OF PUBLIC WORKS GENERAL FUND BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $8,324,722 be appropriated for the purpose of funding the Town's FY 2011 Department of Public Works General Fund budget, and to meet such appropriation, that $8,239,590 be raised from current year revenue, $36,695 be transferred from the Embarkation Fee Special Revenue Fund and $48,437 be transferred from the Bismore Park Special Revenue Fund, as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-130 FY11 APPROPRIATION-$2,583,674 DEPT. OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET Director Ells gave the rationale. Councilor Munafo asked about current balances on various accounts, income from investments and plans relative to fee increases. Director Milne suggested an increase in ticket sales and fee adjustments. If the investment market turns, that could eliminate a fee increase at landfill. The landfill sticker is one alternative. Manager Klimm added increase fees, reduce service or reduce the cost of items such as solar initiatives reducing utility costs. Opening all week has increased service; curbside pickup with recycling, although an unpopular option, could be accomplished for the same cost as individual stickers and the town could save money. Councilor Farnham asked about the finances related to the redesign of the DPW building; it shows a small surplus. Councilor Milne asked about the SEMASS fee – about $38/ton. He would like to see a negative impact on the budget as the contract ends and the town goes forward to renegotiate or find a less expensive option. The contract expires in 2015 and, Ells explained, they are speaking with all options within and outside the area: rail transport, roadway transport, etc. In addition he is looking at short, medium and long term options to provide service to customers. Councilor Rugo feels now would be a good time to review curbside trash pickup as it would improve the town’s recycling program which is the worst. Ells said only 1/3 of the residents come to the landfill, the remainder have private haulers. Councilor Munafo asked about possible grants for solar panels at the Solid Waste Division. Manager Klimm said they were looking for grants for a much more significant array of solar panels and would come to the council prior to acting. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-130 FY11 APPROPRIATION-$2,583,674 DEPT. OF PUBLIC WORKS SOLID WASTE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $2,583,674 be appropriated for the purpose of funding the Town's FY 2011 Department of Public Works Solid Waste Enterprise Fund budget as presented to the Town Council by the Town Manager, and to meet such appropriation that $2,000,000 be raised from current year revenues by the solid waste facility and that $583,674 be transferred from the solid waste enterprise fund surplus. VOTE: 13 Yes (Roll Call) 2010-131 FY11 APPROPRIATION-$4,789,070 DEPT. OF PUBLIC WORKS WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET Manager Klimm gave the rationale.

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In answer to a call-in question on regionalization initiatives, Klimm said there was no specific appropriation, but he is exploring the possibility of working with neighboring towns to provide assessing and legal services. A second question involved revenue from property taxes increasing but not funding new services. Director Milne reviewed the reductions in various income items. The reductions versus the increase in property tax revenue resulted in no new revenue growth. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-131 FY11 APPROPRIATION-$4,789,070 DEPT. OF PUBLIC WORKS WATER POLLUTION CONTROL ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $4,789,070 be appropriated for the purpose of funding the Town's FY 2011 Department of Public Works Water Pollution Control Enterprise Fund budget as presented to the Town Council by the Town Manager, and to meet such appropriation that $4,156,000 be raised from current year revenues by the water pollution control facility and that $633,070 be transferred from the water pollution control enterprise fund surplus. VOTE: 13 Yes (Roll Call) 2010-132 FY11 APPROPRIATION-$2,763,500 DEPT. OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET Manager Klimm gave the particulars. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Munafo asked about the surplus - $684,000. Manager Klimm received a call-in question asking how the water pipe construction in Hyannis was being funded. Director Ells said it was part of a pipe replacement program. A second call-in question asked about a timeline for the wind turbines and solar panels. Ells said bases for the turbines are currently being installed and the solar panels are in the design stage – funded by ARRA funds. The projects will be completed in about 18 months. Councilor Canedy asked about the manufacturer. Ells said it is required that it be an American company. Councilor Crocker asked about the age and diameter of the pipes being changes. There is a mix of diameters and types of pipe. They will be replaced by larger diameter pipes. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-132 FY11 APPROPRIATION-$2,763,500 DEPT. OF PUBLIC WORKS WATER SUPPLY ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $2,763,500 be appropriated for the purpose of funding the Town's FY 2011 Department of Public Works Water Supply Enterprise Fund budget as presented to the Town Council by the Town Manager, and to meet such appropriation that $2,763,500 be raised from current year revenues by the water supply operations. VOTE: 13 Yes (Roll Call)

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2010-133 FY11 APPROPRIATION-$2,285,769 REGULATORY SERVICES DEPT. BUDGET Manager Klimm gave the rationale and in response to a call-in question said the signage proposals are on the agenda for June 17th. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Munafo asked about the parking revenue at Bismore Park. Director of Regulatory Services, Tom Geiler said it was currently at about $215,000 as opposed to approximately $30,000 last year. Councilor Norman had a call complaining about a town car parked for an extended time at an out-of-town store. Director Geiler commented on the weights and measures program. Weighs and Measures also provide services to ten other towns, hence cars at out-of-town locations. The other towns benefit from lower costs. Inspectors check accurate pricing which the consumer cannot verify, including petroleum products – gas and heating oil. Retailers get a level playing field. Klimm pointed out that this was one more shining example of regionalism. The consumer has saved millions. Service and making money are Tom Geiler’s legacy. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-133 FY11 APPROPRIATION-$2,285,769 REGULATORY SERVICES DEPT. BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $2,285,769 be appropriated for the purpose of funding the Town's FY 2011 Regulatory Services Department budget, and to meet such appropriation, that $2,182,963 be raised from current year revenue, $40,000 be transferred from the Wetlands Protection Special Revenue Fund and $62,806 be transferred from the Bismore Park Special Revenue Fund, as presented to the Town Council by the Town Manager VOTE: 13 Yes (Roll Call) 2010-134 FY11 APPROPRIATION-$2,601,880 COMMUNITY SERVICES DEPT. BUDGET Manager Klimm had no call-in questions. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Crocker asked for an explanation of the grant writing efforts. Director Lynne Poyant summarized the various grants received and gave credit to Joe Gibbs, Marine Environmental Affairs; Director Madeline Taylor and Rose Digregorio, Senior Services. The Barnstable Youth and Community Center has received several grants. The CCRTA donated a vehicle. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-134 FY11 APPROPRIATION - $2,601,880 COMMUNITY SERVICES DEPT. BUDGET Upon a motion duly made and seconded it was ORDERED, that the sum of $2,601,880 is appropriated for the purpose of funding the Town's FY 2011 Community Services Department budget, and to meet such appropriation, that $2,403,742 be raised from current year revenue, and that $198,138 be transferred from the Mooring Fee Special Revenue Fund as presented to the Town Council by the Town Manager.

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VOTE: 13 Yes (Roll Call) 2010-135 FY11 APPROPRIATION - $3,042,415 GOLF COURSE ENTERPRISE FUND BUDGET Manager Klimm gave the rationale. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Munafo asked about the surplus balance; it is $4,800. Councilor Barry asked when the note on the Olde Barnstable Fairgrounds would be retired; this year. There will not be a 2011 payment due. The annual debt service was a little over $200,000. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-135 FY11 APPROPRIATION-$3,042,415 GOLF COURSE ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, that the sum of $3,042,415 is appropriated for the purpose of funding the Town's FY 2011 Golf Course Enterprise Fund budget; and to meet such appropriation that $3,042,415 be raised from current year revenues by the golf course facilities as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-136 FY11 APPROPRIATION-$3,028,705 HYANNIS YOUTH & COMMUNITY CENTER ENTERPRISE FUND BUDGET Manager Klimm gave the rationale. This budget includes a full year of operation rather than the 10 months for this year. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Crocker asked how the actual performance compares to the pre-opening estimates. Poyant said many areas were up to par with the projections. Public skate was $95,000 above expectations; $58,000 was anticipated from membership; it has brought in almost $84,000 from 38,000 memberships. An unanticipated 18,000 people joined specifically to use the walking track. Mostly all budgeted expenses are below or close to the projections. She reviewed the numerous summer activities, trainings, and events that have booked the building. Expenses are on track with projections. The facility will be busy all summer. Crocker also asked about staffing. David Curley, Director of Recreation, said they are exceeding the budget for 2010 and meeting the business plan for 2011 – over $200,000 from budget projections. The activities have been positive as well as the cash flow. They can always use more personnel but the staff is stepping up. It is all anticipated and more. Councilor Joakim said all the tourneys are bringing in people from out-of-town. The rink is also benefiting local kids who may not have gotten involved. Councilor Dagwan asked about parking. Most of it happens when school is out so they can use that rear lot. There is also parking within walking distance. Councilor Canedy asked if a memorial bench was ever installed. Poyant said a donation for it was never received. She will look at space availability for benches. A motion was duly made and seconded to move the question. VOTE: Unanimous

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2010-136 FY11 APPROPRIATION-$3,028,705 HYANNIS YOUTH & COMMUNITY CENTER ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $3,028,705 be appropriated for the purpose of funding the Town's FY 2011 Hyannis Youth and Community Center Enterprise Fund budget; and to meet such appropriation that $1,787,435 be raised from current year revenues by the Hyannis Youth and Community Center operations, and that $1,241,270 be transferred from the Capital Trust Fund as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-137 FY11 APPROPRIATION-$592,162 MARINA ENTERPRISE FUND BUDGET Manager Klimm gave the rationale. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Norman asked about plans to clean up and widen Prince Cove Marina as well as expand the parking. Poyant said the lack of parking is felt all over town. Eric Shufelt, Marina Manager, also commented on the clean up. The land side is kept rural, 10 tons of junk has been cleaned out. There are annual, seasonal and daily passes for parking inside the marina. On the water side, the septic system would need expanding to add slips. The enterprise fund is still in its infancy. Norman also inquired about Blish Point. It is state owned but the town runs it. On the drainage issue, Councilor Canedy added the DPW has come before the Con Com to develop ways to protect the drainage with spaces in-between to maneuver the parking. The town has maximized the parking from 34 to over 50 spaces most days. Councilor Crocker asked for an explanation of the use of the reserve fund. Director Milne pointed out that the marina is responsible for some of the activity around Bismore Park and he is comfortable that the funds are properly spent. Councilor Milne asked if the department was covering its expenses at Prince Cove. The business plan has worked. Manager Klimm received a call-in question about continuing the ways to water. Poyant said this year it is for the East Bay Boat ramp, other ways are in line to be designated. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-137 FY11 APPROPRIATION-$592,162 MARINA ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $592,162 is appropriated for the purpose of funding the Town's FY 2011 Marina Enterprise Fund budget; and to meet such appropriation that $568,162 is raised from current year revenues by the marina facilities and that $24,000 be transferred from the Bismore Park Special Revenue Fund as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-138 FY11 APPROPRIATION-$555,325 SANDY NECK PARK ENTERPRISE FUND BUDGET Manager Klimm gave the rationale. The town anticipated borrowing for a new bath house. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections A motion was duly made and seconded to move the question.

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VOTE: Unanimous 2010-138 FY11 APPROPRIATION-$555,325 SANDY NECK PARK ENTERPRISE FUND BUDGET Upon a motion duly made and seconded it was ORDERED, that the sum of $555,325 is appropriated for the purpose of funding the Town's FY 2011 Sandy Neck Park Enterprise Fund budget; and to meet such appropriation that $555,325 be raised from current year revenues by the Sandy Neck Park operations as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-139 FY11 APPROPRIATION-$973,274 GROWTH MANAGEMENT DEPT. BUDGET Manager Klimm gave the rationale. The fee schedule was behind what other communities were charging. He has tried to be sensitive to the Council’s desire to charge the user, rather than the taxpayers and has begun shifting the cost to those who are benefiting from the service. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Canedy asked for more detail of the compromise. Klimm said, while the fees are not the purview of the council, he has proposed graduated increases that are only half as much as what was originally proposed. Town services which were not the Council’s highest priorities, either needed to be cut way back or eliminated. Department heads said such a scenario would be devastating. It was decided to look for more revenue by increasing fees which alleviates the costs to taxpayers, reallocates it to those who benefit from the services and adds revenue to be used for the budget. Regulatory fees require Council action while dump fees, growth management fees, etc do not. Some is statutory and some is historical. Klimm also explained that the department is planning to make the contracted economic development specialist position a permanent part-time job. The Council can suggest from where a budget cut should come. Councilor Farnham said the council is voting for the aggregate amount. Klimm added that parts of the budget from one place or another are estimates. If one item is under budget, another item items will have to be more. Councilor Crocker feels this process is transparent despite the difficulty in understanding a budget. It is one of the reasons why the town received an AAA. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-139 FY11 APPROPRIATION-$973,274 GROWTH MANAGEMENT DEPT. BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $973,274 be raised and appropriated for the purpose of funding the Town's FY 2011 Growth Management Department budget as presented to the Town Council by the Town Manager. VOTE: 11 Yes, 1 No (Munafo), 1 Abstention (Canedy) (Roll Call) 2010-140 FY11 APPROPRIATION-$343,010 TOWN COUNCIL BUDGET Manager Klimm said it was a modest budget and the only change is in the benefits. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections A motion was duly made and seconded to move the question. VOTE: Unanimous

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2010-140 FY11 APPROPRIATION-$343,010 TOWN COUNCIL BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $343,010 be raised and appropriated for the purpose of funding the Town's FY 2011 Town Council budget as presented to the Town Council by the Town Manager. VOTE: 12 Yes, 1 No (Milne) (Roll Call) 2010-141 FY11 APPROPRIATION $573,820 TOWN MANAGER DEPARTMENT Manager Klimm said the budget was level funded. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-141 FY11 APPROPRIATION-$573,820 TOWN MANAGER BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $573,820 be raised and appropriated for the purpose of funding the Town's FY 2011 Town Manager budget as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-142 FY11 APPROPRIATION-$5,274,724 ADMINISTRATIVE SERVICES DEPT. BUDGET Manager Klimm said there were no significant changes and this budget has decreased by 2.6%. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Farnham asked about the enterprise fund reimbursements to the town of $140,000. Director Milne said they have developed a model to calculate reimbursements from enterprise funds for town services. Independent auditors have looked at it and the enterprise managers also see it. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-142 FY11 APPROPRIATION-$5,274,724 ADMINISTRATIVE SERVICES DEPT. BUDGET Upon a motion duly made and seconded it was ORDERED, That the sum of $5,274,724 be raised and appropriated for the purpose of funding the Town's FY 2011 Administrative Services Department budget as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-143 FY11 APPROPRIATION-$27,072,099 OTHER REQUIREMENTS BUDGET Director Milne gave the rationale. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections

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Director Milne provided a correction of several items in the budget book, which is attached to the budget book. These items do not require council appropriation, they are items that must be paid – cherry sheet assessments, etc. - the Department of Revenue requires they be included under this category, A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-143 FY11 APPROPRIATION-$27,072,099 OTHER REQUIREMENTS BUDGET Upon a motion duly made and seconded it was ORDERED: 1) That the sum of $27,072,099 be raised and appropriated for the purpose of funding the Town's FY 2011 Other Requirements Budget as presented to the Town Council by the Town Manager; 2) And that the following sums be transferred from the Town’s enterprise accounts for the purpose of reimbursing administrative, employee benefit and insurance costs budgeted within the General Fund: Water Pollution: $493,800 Solid Waste: $345,199 Water: $129,399 Airport: $468,424 Golf Course: $225,000 Marinas: $47,413 Sandy Neck: $57,052 HYCC: $60,000 3) And further, that the sum of $350,000 be transferred and appropriated from the Pension Reserve Account for the purpose of funding the Town's annual pension appropriation obligation under the provisions of Chapter 32, Section 22D; 4) And further, that the sum of $61,757 be transferred from the Bismore Park Account, $71,492 be transferred from the Embarkation Fee Special Revenue Account; and, $954,758 is transferred from the General Fund Savings Account all for the purpose of funding the Town’s FY 2011 General Fund budget as presented to the Town Council by the Town Manager. VOTE: 13 Yes (Roll Call) 2010-144 FY11 APPROPRIATION-$1,295,000 REVOLVING FUNDS BUDGET Director Milne gave the rationale. The only change is the amount for the consumer protection fund. President Chirigotis ascertained whether there was anyone from the public wishing to speak. Seeing no one, he suggested closing the public hearing. VOTE: No objections Councilor Munafo asked for an explanation. Director Milne said that this authorizes the use of these funds, without further appropriation. Revolving funds can only spend what they generate. A motion was duly made and seconded to move the question. VOTE: Unanimous 2010-144 FY11 APPROPRIATION-$1,295,000 REVOLVING FUNDS BUDGET Upon a motion duly made and seconded it was ORDERED, That Pursuant to Chapter II, Article XVIII-A, Section 3 of the General Ordinances, the Town Council hereby authorizes the following revolving funds for FY 2011:

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Fund Revenue Source Dept Officer

Auth. To Expend Funds

Use of Fund Total

Expenditure Limit FY11

Classroom Education Fund


Senior Services Director

Salaries, benefits, expenses, contract services to operate program $35,000

Adult Social Day Fund


Senior Services Director


Recreation Program Fund


Recreation Director


Shellfish Propagation Fund

Fees from permits

Natural Resources Director

Salaries, benefits, expenses, contract services, shellfish equipment to operate program

$115,000

Building Inspections Fund

Fees from permits for municipal & private projects

Building Commissioner


Consumer Protection Fund

Fees from weights & measures services,

Director Regulatory Services Dept.


Geographic Information Systems Fund

Fees for GIS maps & reports

Information Systems Director


Total $1,295,000 VOTE: 13 Yes (Roll Call) TOWN MANAGER COMMUNICATIONS Manager Klimm thanked the entire staff working since Labor Day on the budget. Upon a motion duly made and seconded it was voted to adjourn the meeting at 9:10 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN OF BARNSTABLE

TOWN COUNCIL MEETING July 15, 2010

Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:04 PM, on Thursday, July 15, 2010, at the Barnstable High School Knight Auditorium, 744 West Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo, and James M. Tinsley, Jr. Absent: Debra Dagwan President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence.

• Recognition of Eagle Scout Candidate Spencer McKeown Lynne Poyant introduced Spencer McKeown and spoke about his beautification of memorial sites project and the fundraising he did to accomplish the task. His efforts have been successful and he is donating his surplus funds of $775.78 for the ongoing maintenance of the JFK/Korean War Memorial sites. Scout McKeown thanked all who supported and assisted him to make this project possible. Councilor Crocker spoke briefly about the recent water quality issue at the COMM district and thanked all who were involved, as well as the public, for their consideration. PUBLIC COMMENT John Julius spoke about town officials taking away Open House signs belonging to real estate agents and strongly suggested that it cease. Unidentified Speaker A, a home owner and real estate agent, said it feels like agents are being targeted. The off-premise signs are for people who will be looking to find the open house. She asked about the effect on church fairs, etc. Wayne Hall agrees the sign regulation is hurting home owners and it is a bad time to enforce this regulation. In addition, money that would come into the town from the sales is being lost. Patrick Page spoke about being unable to legally build on his lot on Buttonwood Lane. He tried to “do it by the book” and is in litigation with the town. Jane Saunders also spoke of the Buttonwood Lane lot. She feels there was something illegal about the denial they received from the Town and still wants an investigation. She suggested the Council do something about the appointment of a biased member of the Conservation Commission. COUNCILOR RESPONSE Councilor Canedy said she would like the issue dealing with real estate signs to be referred to the Planning Board for review. Councilor Milne said that something is wrong if the legislative body cannot be critical of town government. Certain comments about the staff are censored. Councilor Munafo feels sign enforcement issues are more prevalent now than in the past. Town Manager John Klimm said he receives a weekly report on enforcement. He does not make the rules just enforces them. Fair enforcement is different from whether the law has to be changed. The manager is

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responsible to see that the laws the council makes are enforced fairly. He cannot change the law. The only recent change in enforcement has been on Main Street in Hyannis. Councilor Canedy asked if her earlier suggestion would be forwarded to the Planning Board. President Chirigotis said it will. ACT ON MINUTES Upon a motion duly made and seconded it was voted to adopt the minutes of June 10, 2010 as submitted. VOTE: Unanimous Upon a motion duly made and seconded it was voted to adopt the minutes of June 17, 2010 as submitted. VOTE: Unanimous Councilor Munafo thanked the Agricultural Commission on their dealing with people who raise roosters. They acted as intermediaries and spoke to people with success. Councilor Barton also thanked the commission for recognizing there is a noise issue. She is assembling information on the homeless and will report at the next meeting or in September. ORDERS OF THE DAY OLD BUSINESS 2010-157 REAPPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town Council reappoint the following individuals to a multiple-member board/committee/commission: AGRICULTURAL COMMISSION Max Kumin, 3826 Main Street, Cummaquid, as a member, to a term expiring 6/30/2013 Leslie Spencer, 151 Main Street, Cotuit, as a member, to a term expiring 6/30/2013 AIRPORT COMMISSION Michael Dunning, 399 Old Jail Lane, Barnstable, as a member, to a term expiring 6/30/2013 Ronald Persuitte, 59 Colonial Way, West Barnstable, as a member, to a term expiring 6/30/2013 BARNSTABLE ECONOMIC DEVELOPMENT COMMISSION Amanda Converse, 558 Lumbert Mill Rd, Centerville, as a member, to a term expiring 6/30/2013 BARNSTABLE HISTORICAL COMMISSION George Jessop, 863 Bumps River Road, Centerville, as a member (architect representative), to a term expiring 6/30/2013 BARNSTABLE YOUTH COMMISSION Reid Hall, BHS 744 W. Main Street, Hyannis, as an advisor member, to a term expiring 6/30/2013 Christine Farber, BHS 744 W. Main St., Hyannis, as an advisor member, to a term expiring 6/30/2013 Grace Crowell, BHS 744 W. Main Street, Hyannis, as a member, to a term expiring 6/30/2013 Lauren Logan, BHS 744 W. Main Street, Hyannis, as a member, to a term expiring 6/30/2013 BOARD OF HEALTH Wayne Miller, 2231 Meetinghouse Way, West Barnstable, as a member, to a term expiring 6/30/2013 COMMUNITY PRESERVATION COMMITTEE

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Marilyn Fifield, 49 Colonial Way, Barnstable, a member (Barnstable Historical Commission representative), to a term expiring 6/30/2013 Laura Shufelt, 1696 Osterville-West Barnstable Road, West Barnstable, as a member, to a term expiring 6/30/2013 COMPREHENSIVE FINANCIAL ADVISORY COMMITTEE Thomas Michael, 170 Buckskin Path, Centerville, as a member, to a term expiring 6/30/2013 William Brower, 890 Santuit-Newtown Road, Marstons Mills, as a member, to a term expiring 6/30/2013

CONSERVATION COMMISSION F.P. Lee, 1081 Old Putnam Avenue, Osterville, as a member, to a term expiring 6/30/2013 Peter Sampou, 111 Cedar St., West Barnstable, as a member, to a term expiring 6/30/2013 Louise Foster, 204 Clamshell Cove Road, Cotuit, as a member, to a term expiring 6/30/2013 CULTURAL COUNCIL Sandra Greene, 35 Walnut Street, Hyannis, as a member, to a term expiring 6/30/2013 DISABILITY COMMISSION Jean Boyle, 24 West Hyannisport Circle, W. Hyannisport, as a member, to a term expiring 6/30/2013 Raffaele Kaddy, 25 Craigville Road, Hyannisport, as a member, to a term expiring 6/30/2013 ELDERLY & DISABLED TAXATION AID COMMITTEE William Murdoch, Jr., 760 South Main Street, Centerville, as a member, to a term expiring 6/30/2013 HOUSING COMMITTEE Merrill Blum, 94 Water View Circle, Centerville, as a member, to a term expiring 6/30/2013 Hillary V. Greene, 18 Valley Brook Road, Centerville, as a member, to a term expiring 06/30/2012 Ralph M. Krau, 10 Pram Road, Hyannis, as a member, to a term expiring 06/30/2012 HYANNIS MAIN ST. WATERFRONT HISTORIC DISTRICT COMMISSION George Jessop, 863 Bumps River Road, Centerville, as an architect representative member, to a term expiring 6/30/2013 William Cronin, 402 South Street, Hyannis, as an alternate member, to a term expiring 6/30/2013 Marina Atsalis, 242 Ocean Street, Hyannis, as a member, to a term expiring 6/30/2013 JANE ESHBAUGH COMMUNITY SERVICE AWARD COMMITTEE Jaci Barton, 87 School St., Cotuit, as a member, to a term expiring 6/30/2013 JFK MEMORIAL TRUST FUND COMMITTEE Henry Murphy, Jr., 243 South Streeet, Hyannis, as a member, to a term expiring 6/30/2013 Hugh Findlay, 500 Ocean Street #153, Hyannis, as a member, to a term expiring 6/30/2013 LAND ACQUISITION AND PRESERVATION COMMITTEE Stephen Farrar, 860 River Rd., Marstons Mills, as a member, to a term expiring 6/30/2013 Laura Cronin, 402 South St., Hyannis, as a member, to a term expiring 6/30/2013 LICENSING AUTHORITY Paul Sullivan, 209 Longview Drive, Centerville, as a member, to a term expiring 6/30/2013 OLD KING'S HIGHWAY HISTORIC DISTRICT COMMITTEE

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George Jessop, 863 Bumps River Road, Centerville, as an architect representaive member, to a term expiring 6/30/2013 PERSONNEL ADVISORY BOARD Stephen Whitmore, 1391 Hyannis Road, Barnstable, as a member, to a term expiring 6/30/2013 Paul Sullivan, 209 Longview Drive, Centerville, as a member, to a term expiring 6/30/2013 PUBLIC WORKS COMMISSION Allen Morrisey, 69 Country Club Drive, Cummaquid, as a member, to a term expiring 6/30/2013 Albert Baker, 30 Wakeby Road, Marstons Mills, as a member, to a term expiring 6/30/2013 RECREATION COMMISSION Katherine Pina, 49 Windmill Lane, Cotuit, as a member, to a term expiring 6/30/2013 Joseph O'Brien, 65 Trinity Place, Centerville, as a member, to a term expiring 6/30/2013 Andrew Gauthier, 48 Eastwood Lane, Cotuit, as a member, to a term expiring 6/30/2013 SANDY NECK BOARD Lynn Heslinga, 1649 Hyannis Rd, Barnstable, as a member, to a term expiring 6/30/2013 William Carey, 171 Harbor Point Road, Cummaquid, as a member, to a term expiring 6/30/2013 SCHOLARSHIP COMMITTEE Deborah Hill, 70 Fernbrook Lane, Centerville, as a member, to a term expiring 6/30/2013 TRUST FUND ADVISORY COMMITTEE Linda Gadkowski, 131 Pond View Drive, Centerville, as a member, to a term expiring 6/30/2013 William Murdoch, Jr., 760 South Main Street, Centerville, as a member, to a term expiring 6/30/2013 WATERWAYS COMMITTEE Frederick Komenda, 65 Elliot Road, Centerville, as a member, to a term expiring 6/30/2013 A motion was made and seconded to set aside the reappointment of Peter Sampou to the Conservation Commission. Councilor Milne suggested setting aside the entire slate for a later meeting. VOTE: 3 Yes, 9 No (Crocker, Norman, Munafo) On Item 2010-157 VOTE: Unanimous 2010-158 RESOLUTIONS & ORDERS FOR INFRASTRUCTURE EXPANSION PROGRAM The Council formed a Committee Of The Whole. Councilor Rugo opened the discussion of how to move foreword on this issue. Proposals from the Town Manager’s staff are two-pronged: an increase in some taxes and an override and/or an increase in motel and meals taxes as the second prong. On the issue of private road takings and betterments, there may be no equitable or fair solution. The debate needs to continue in order for the voters to assess a November ballot question. Upon a motion duly made and seconded a public hearing was opened at 7:39 PM. VOTE: No Objections Esther Kattef said the Wequaquet and Stewarts Creek sewer projects were initially combined. The homeowners of Stewarts Creek are fewer and less well heeled; the area is the least polluted. Other worse areas don’t have sewers yet. Many Stewart’s Creek residents are on fixed incomes and have invested in new septic systems. The community voted on a ballot question against the project but not enough voters

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participated to validate the decision. Costs need to be shared and specified; all areas that need sewers need to be identified. Patrick Page said he got more than half of the signatures to put the (Stewart’s Creek) issue before the voters. Too bad not enough came to vote. Roberta Mock wanted to support this effort but feels it has been done unprofessionally. Clean water in Cape Cod is a national issue and the burden should be shared by every one who enjoys this beautiful place. She has no deep pockets and her cost for the sewer continues to escalate. The Council’s decisions are very important for her house. John Julius said it was not about TDMLs since Stewart’s Creek is under the threshold. He feels it is about money: $1.5B stripped from the pockets of businesses and homeowners. Taxpayers are not going to take this. He suggested letting the CLF sue the town, making the issue an unfunded mandate, which will be paid by the federal government. Trisha Gisleson works several jobs to support herself and pay taxes. It is pathetic that town employees come to harass them. She suggested making the Cape use organic products instead of pollutants. People are tired, fed up and worn out. Chris Kehoe pointed out that businesses don’t pay taxes, the citizens do. An increase in the meal’s tax, etc. goes to the consumer. He also suggested consolidation of the fire departments, government’s third rail, to save money which could be coupled with funding sewers. The rooms’ occupancy tax should include summer rental homes, B & Bs, etc. Frank Corselito said he had never seen this sort of back-room maneuvering; weird elections targeting a small low income community. Taxpayers don’t need sewers and don’t want to pay for the sewers. It is impossible to sell any properties now. Helen Gallagher has five neighbors in their eighties. One third of the area are second home owners, but not wealthy. In the end, people will be paying six times the amount expected. Jean Crocker read from a prepared statement. (See Exhibit A.) Louise Di Cecca reminded all that the 300 households forced to shoulder the project are people. She had hoped the betterment was going to be less that 50%. This is not well thought out and there needs to be better deliberation. She supports sharing costs town-wide. Charlie Edsel said the bulldozers have arrived and the jackhammers are hammering. The unexpected charges are not insignificant but the financial pain can be spread over time. A brochure with information on funding sources would be helpful. He thanked those who have been supportive and found alternate solutions. Steve Brown read from a prepared statement and submitted a petition encouraging the Council to support a comprehensive plan for sewers to protect the water. (See Exhibit B) Cate Gulliver said this needs to be a town-wide expense. She did not ask for it and did not need it. But, for the good of the town, it should be paid by the taxpayers of town. Meredith Farnsworth feels it is ill advised to go forward under the circumstances. There is still a chance to make it right. She explained that those who paid 100% betterments did so when there were large subsidies. Zero percent betterment was suggested by CFAC but not discussed. She can see the advantage to an override. Judy Barrett asked the Council to keep in mind those who have updated their septic systems over the last several years and who were told there would be no sewers for many years. Now, they have to crush their new septic systems which were very expensive. Al Morrow said the town should not be putting such a price on the public in this economy.

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Skip Simpson cannot imagine considering a vote tonight. More discussion is needed and a regional Cape Cod approach should be considered since the entire Cape is behind on wastewater treatment. He also suggested that if fire districts were combined, the saved taxes could go towards sewers. Laurie Brown would like a resolution so the town can move forward. She has met many wonderful neighbors; however, few on the council have earned her respect. Milton Berglund said avid financing strategies have not been coupled with a comprehensive plan for the entire town. He supports acting now to establish a financing policy while the attack plan is worked out. Julie Sexton bought her home for its state of the art septic system which costs over $30,000. She needs to know the cost in order to plan ahead and save the money. She asked for help with some of the answers. Ms. Mackenzie said the workers are creating a public safety hazard for people on the street. She talked about the dangers caused by the workmen and equipment, including two pieces of equipment that blocked her driveway. She is concerned about the safety of Hyannis residents. Jane Pew has no voice since she votes in Arlington, MA. There was no information from the town on the project; she came down to see the street turned up. It is taxation without representation. The town should fund such a huge project. Lindsay Counsel said it was time the issue was brought clearly to the voters. This would give input to the Citizens Advisory Committee. The agenda needs to be better spelled out and the planning process will occur one it is determined. Unidentified Speaker B, said her cost should be renting a backhoe and running pipe. The grinder pump is not needed and she has issues with the list of preferred plumbers. Jean Walsh’s septic is three years old. She asked about sewers before installing the septic and was told the town would be installing sewers at Lake Wequaquet first. She left a list of questions with the Board of Health which have not been answered. She predicts the town will see foreclosures. Judy Barrett was told there would be no sewer in her lifetime when she asked whether to buy a new septic. It’s not fair. Neil Tanger is hoping for a fair and equitable resolution. He also installed a Title 5 septic when he was told there was not going to be a sewer system in his lifetime. He feels this is a problem for the entire Cape region and the rest of the Cape is watching. He would like to see this resolved in a good way and not make a fool of the Town. No one wants this not to come out right. Janet Puelet is a real estate agent and glad she has not sold anything in the area in the last years. If she had given a client some of the information that was out there, she would have been sued. Eduardo Encarnacao spoke about the financial pressure and that people are unhappy with the Council. They are waiting for the Council to do its job. “You work for us.” Jean Crocker suggested offering the option not to tie in, depending upon what the people already have to address waste. Peter Martino of Heritage House said increasing the occupancy tax is not the answer. Paying for private sewers on business taxes is not reasonable. Unidentified Speaker C, suggested looking into the alternatives suggested by Mrs. Crocker. She asked why there were still cesspools in town, on the ocean, putting laundry detergent into the ocean.

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Unidentified Speaker D, invited all to her house at 7 AM to see her 12 year-old’s bed shaking. She feels the people hired are reckless, dangerous and incompetent. They have ruined everything in her front yard. The crew is chain-smoking while she has a gas leak. John Julius said the Clean Water Act exempts Title V septic systems. He suggests letting the CLF sue and, if successful, the federal government will pay. Upon a motion duly made and seconded the public hearing was closed at 9:01 PM. VOTE: no objections

• Councilor Milne said the subcommittee was close to unanimous on the 50% betterment and embraced a successful override; failing that, go forward with the expansion of the new local option taxes to raise the revenue. He questioned why it is a 50% betterment for water while the roads are 0% betterments.

• Councilor Canedy said roads and water should not be married on a single ballot question. She suggested separate resolves. She feels strongly against a lot of it, but wants voters to have the opportunity to decide. She also expressed concern that the effective date for sewer tax (July 1 2010) made the tax retroactive, that the Resolution gave authorization to the Town Manager to create the Stabilization Fund before hearing from the voters, that the voters do not have input on the hotel/motel and meal taxes and that the amount represented in Section 2 for the sewer appropriation does not equal the amount asked from voters on the ballot question.

• Town Manager Klimm said that 190 miles of private roads have been an issue for a decade and the issue requires closure. The town does not work on private roads but he wants to recognize it as a community issue and ask the citizens what they want to do about it via a ballot question. There are concerns that fire vehicles and other rescue/school buses cannot use some streets.

• DPW Director Mark Ells said there was no preferred list of contractors but a list of licensed and properly insured contractors. The work should be completed by mid next year.

• Councilor Farnham suggested a schematic of the whole picture: when things will be accomplished and how much each will cost to educate the voters. Some areas not excited about a 50% subsidy in their parts of the town. People on the north side have different issues and they will be at the end of the line. In addition, the Board of Health is holding back on notifying non- compliant systems until the funding of the sewers is done.

• Councilor Munafo can’t vote for any of this other than placing the questions on the ballot. He feels if the town is sued for not taking action, the government will reimburse the cost. The town has to keep its promises to Stewarts Creek. None of the methods proposed will do it. A new tack is needed and time to look at all methods.

• Councilor Tinsley said that unfunded mandates are paid by the people. The federal government does not pay for them. This is an attempt is to combine the roads with sewers so many residents will get benefit from one or the other.

• Councilor Barton thanked Louise Di Cecca, who has been polite and persistent, for volunteering and working hard to find a solution. Many councilors were not on board 10 years ago and can’t be blamed today for past decisions. She sees this as an opportunity for the town to be a leader in wastewater and take care of some road needs at a cost to be shared by all, without cutting an already burdened budget. The meals tax will be 75 cents on a $100 dinner bill. She supports putting the questions before voters so it can be decided by as many people as possible.

• Councilor Barry is also in favor of a ballot question. Plan for wastewater for the entire town so the voters know what the total bill will be. It should be done once and done right.

• Councilor Joakim pointed out that the main arteries and many roads are private. She is a proponent of putting both issues on the ballot so her precinct can take advantage regarding the roads. The town needs to be cognizant of the increased cost of sewering western parts of town too.

• Councilor Crocker is uncomfortable that the order has so many pieces to it. He will support a bifurcation of this for the ballot questions.

• President Chirigotis feels both issues will spread the costs town wide and there will be something in it for most. Right now betterments, hotel motel tax, meals tax, etc. can be addressed. In order to guarantee that most will benefit is to consider the two issues. He is in favor.

A motion was duly made and seconded to bifurcate SECTION 8, relating to ballot questions from the remainder of the item. VOTE: 10 Yes 2 No (Roll Call) (Norman, Tinsley)

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Councilor Canedy suggested that SECTION 8 be amended to read as follows: ORDERED: that the following questions be placed on the ballot for the state election to be held on November 2nd, 2010. BALLOT QUESTION 1:

“Shall the Town of Barnstable be allowed to assess an additional $750,000 in real estate and personal property taxes for the purposes of funding the sewer system stabilization fund for the fiscal year beginning July 1, 2011?”

BALLOT QUESTION 2:

“Shall the Town of Barnstable be allowed to assess an additional $3,000,000 in real estate and personal property taxes for the purposes of creating a stabilization fund for funding taking, layout and improvement of certain private ways as town ways for the fiscal year beginning July 1, 2011?”

VOTE: 10 Yes 2 No (Roll Call) (Munafo, Norman) A motion was duly made and seconded at 10:49 PM to extend the meeting beyond 11 PM. VOTE: 10 Yes, 2 No Councilor Milne amended SECTION 1 under “AN ACT ESTABLISHING A SEWER CONSTRUCTION FUND FOR THE TOWN OF BARNSTABLE” by changing “manner set forth in section two” to “manner set forth in section three” and made a motion which was seconded to adopt SECTION 3 through SECTION 7, including the text of the petition to the General Court – Sections 1 through 5 as amended. 2010-158 RESOLUTIONS & ORDERS FOR INFRASTRUCTURE EXPANSION PROGRAM Upon a motion duly made and seconded it was ORDERED: SECTION 3: that Chapter 184, Sewers and Water, of the General Ordinances of the Code of the Town of Barnstable be amended by adding the following § 184-12 to Article II Collection of Sewer Use Charges. “§ 184-12. Proportionate share of sewer betterment costs assessment charges. Fifty percent (50%) of the costs or charges for sewer construction shall be assessed to parcels or owners of land in the manner provided in chapters 80 or 83 of the General Laws as applicable. This section shall not apply to costs or charges for sewer connection or use.” SECTION 4. that Chapter 184, Sewers and Water, of the General Ordinances of the Code of the Town of Barnstable be further amended by re-numbering §§ 184-12 and 184-13 of Article III Collection of Water Use Charges as §§ 184-13 and 184-14, respectively. SECTION 5. that the Town’s local occupancy excise tax under M.G.L. c. 64G, §3A on the rental of rooms in hotels, motels, lodging houses and bed and breakfast establishments within the town be amended by increasing the rate from 4% to the rate of 6%. SECTION 6. that the Town accepts the provisions of M.G.L. c. 64L, § 2(a) to impose a local sales tax on the sale of restaurant meals originating within the town of Barnstable by a vendor at the rate of .75 percent of the gross receipts of the vendor from the sale of restaurant meals. SECTION 7. that the Town Manager submit a petition to the General Court of the Commonwealth for a Special Act to establish a sewer construction fund in the Town of Barnstable and authorizing the allocation to the sewer fund of receipts from the meals tax under M.G.L. c. 64L, § 2(a) and hotel/motel tax rates in excess of 4% under M.G.L. c. 64G, §3A. “AN ACT ESTABLISHING A SEWER CONSTRUCTION FUND FOR THE TOWN OF BARNSTABLE Be it enacted by the Senate and House of Representatives in General Court assembled, and by authority of the same, as follows.

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SECTION 1. Notwithstanding the provisions of section fifty-three of chapter forty-four of the General Laws or any other general or special law to the contrary, the town of Barnstable is hereby authorized to establish a Sewer Construction Fund to receive revenue under section three A of chapter sixty-four G of the General Laws, in the manner set forth in section three, and may appropriate monies in said fund for sewer construction. SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, the amount of the excise collected under section two A of chapter sixty-four L of the General Laws by the town of Barnstable beginning with fiscal year two thousand and eleven shall be credited to the Sewer Construction Fund without further appropriation. SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, the amount of the excise based on rates in excess of 4% collected under section three A of chapter sixty-four G of the General Laws by the town of Barnstable beginning with fiscal year two thousand and eleven shall be credited to the Sewer Construction Fund without further appropriation. SECTION 4. Notwithstanding the provisions of any general or special law to the contrary, any interest shall be added to and become part of the Sewer Construction Fund. The treasurer shall be the custodian of all such funds and may deposit the proceeds in national banks or invest the proceeds by deposit in savings banks, co-operative banks or trust companies organized under the laws of the commonwealth, or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the commonwealth or in federal savings and loans associations situated in the commonwealth. SECTION 5. This act shall take effect upon its passage.” VOTE: Yes 8, No 4 (Roll Call)(Canedy, Crocker, Munafo, Norman) Finance Director Mark Milne explained that the quarterly deadline of July 1 had just passed so next opportunity for creating a trust fund is October 1. A motion was made and seconded to suspend the rules allowing action on several pending articles. VOTE: 10 Yes, 2 No 2010-159 AMEND CH.240, ART.II OF THE ZONING ORDINANCE & MAP Upon a motion duly made and seconded a public hearing was opened at 11:10 PM. VOTE: Unanimous Planning Board present: Ray Lang, Matthew Teague, David Munsell, Patrick Princi and Paul Curley. Upon a motion duly made and seconded a public hearing of the Planning Board was opened at 11:10 PM. VOTE: Unanimous Upon a motion duly made and seconded it was voted to amend Item 2010-159 by adding

“Section 3: Period of time shall remain in effect and extend to October 30, 2010.” VOTE: 11 Yes, 1 No The Planning Board voted to recommend adoption of this item as amended. VOTE: Unanimous Upon a motion duly made and seconded it was voted to adopt the item as amended. VOTE: 11 Yes, 1 No Upon a motion of the Council duly made and seconded the public hearing was continued to September 16, 2010. VOTE: 11 Yes, 1 Abstention

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Upon a motion of the Planning Board duly made and seconded the public hearing was continued to September 16, 2010. VOTE: Unanimous 2010-160 AMEND CH.240, ART.II OF THE ZONING ORDINANCE & MAP Upon a motion duly made and seconded a public hearing was opened at 11:20 PM. VOTE: Unanimous Upon a motion duly made and seconded a public hearing of the Planning Board was opened at 11:20 PM. VOTE: Unanimous Upon a motion duly made and seconded it was voted to amend Item 2010-160 by adding

“Section 3: Period of time shall remain in effect and extend to October 30, 2010.” VOTE: 11 Yes, 1 No The Planning Board voted to recommend adoption of this item as amended. VOTE: Unanimous Upon a motion duly made and seconded it was voted to adopt the item as amended. VOTE: 11 Yes, 1 No Upon a motion of the Council duly made and seconded the public hearing was continued to September 16, 2010. VOTE: 11 Yes, 1 Abstention Upon a motion of the Planning Board duly made and seconded the public hearing was continued to September 16, 2010. VOTE: Unanimous NEW BUSINESS Upon a motion duly made and seconded it was voted to reschedule the following NEW BUSINESS items to the meeting of August 5, 2010. 2011-001 GRANT ACCEPTANCE $400 FOR HYCC; 2011-002 GIFT ACCEPTANCE -2 LIFEGUARD TOWER CANOPIES, SUNSCREEN & DISPENSERS; 2011-003 AMEND GENERAL ORDINANCES, CHAPTER 177 SANDY NECK BEACH; 2011-004 AMEND GENERAL ORDINANCE. C. 228, VEHICLE STORAGE VOTE: Unanimous Upon a motion duly made and seconded it was voted to adjourn the meeting at 11:27 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

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TOWN OF BARNSTABLE


Council President Frederick Chirigotis called the meeting of the Barnstable Town Council to order at 7:05 PM, on Thursday, June 17, 2010, at the Barnstable Town Hall, 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601. PRESENT: Richard Barry, Janice Barton, Ann Canedy, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne, James Munafo, Jr., John Norman, Thomas Rugo, and James M. Tinsley, Jr. President Chirigotis led the Council in the Pledge of Allegiance and a moment of silence.

Community Preservation Committee Update Laura Shufelt, Vice Chairman of the Community Preservation Committee, apprised the council of her committee’s dwindling funding. She reviewed the uses of the funds and the requests in progress on other buildings in the community. She estimates $3M in funding and the committee has to decide, based on the council’s priorities, what to put forward first. They are also receiving requests from private historical buildings on town sponsored lands and “in-between” buildings such as libraries. President Chirigotis asked that requests be forwarded to the council in printed form so they can be discussed. Alicia Stanley, Project Manager, updated the council on the progress of the town hall exterior renovation. Site assessments are being completed on other town structures. The final reports should be ready by the end of July along with the dollar figures. She also reported on some other non-municipal projects that have been funded by money from the CPA and the status of that work. Funding of drainage work with CPA money is valid because it is necessary to prevent deterioration of the structure. President Chirigotis suggested working on revisions of the sign ordinance for all villages – village by village. PUBLIC COMMENT Alan Burt, a homeless outreach worker, said there has been a reduction of homeless to about 800 people. He explained that the Noah Shelter is a safety net and the number of beds should not be reduced - the beds are still needed. He suggested a meeting with all Cape town managers to discuss joint efforts and stated that neither HAC nor Rick Presbrey should be under fire. The following individuals with first-hand experience as residents of the Noah Shelter spoke: Pamela Dee, Jennifer King, Darrell Gray, Luis Smith, Amy Eldridge, Ken Cutty, Ron Schyler, Caroline Marshall, Sharon Toby Kennedy, Peter Jepson/Jefferson?, Billy Bishop, and Miriam Catalano. They shared the circumstances of their homelessness that caused each of them to seek assistance at the Noah Shelter. They described how each of them were able to thrive, find employment and, finally, live independently again. Several speakers obtained educational certifications or began degree programs while living at the shelter. In addition, several speakers pointed out that at the Noah Shelter, people have to be in by 4:30 PM and may not leave until 8:00 AM. People who are causing problems on the streets of Hyannis during the night are not Noah Shelter people, but individuals staying at cheap motels. President Chirigotis, in answer to a question, said that the council has no authority or say in the matter of number of beds at the shelter. Maryann Barboza announced that she will be submitting a petition for a recall of Councilor Dagwan because she can’t believe that anyone would consider closing the shelter.

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Deborah Converse, Hyannis Area Chamber of Commerce spoke about the Main Street Initiative to provide housing using a ‘housing first’ model, not a shelter. No one representing HAC attended any Initiative meetings. A written contract by the Commonwealth states that the Noah Shelter would decrease beds; the shelter is a failed model. She asked all parties to get together to find a solution. Mark Stanley said having open house signs picked up by the town hurts the sales effort in what is the worst real estate market in decades. The temporary signs are the best advertising especially for location and need to be allowed. Rick Brigham agreed that the Main Street issues are not directly related to the Noah Shelter. A small percentage of Noah clients are problematic. Al Baker made some announcements of Marstons Mills’s activities. He would like to put a group together to pick up litter and gave his phone number. Jacques Morin also spoke on the sign code with respect to real estate. While the sign code changes for Main St. is wonderful, each village has similar activities and is pleased that there are plans for other villages to be included. Real estate signs have not presented a problem and will go away once the property sells. Removal of Open House signs presents a problem when the road is not listed in Mapquest, etc. Rick Presbrey feels the Noah Shelter and the Main Street problem need to be discussed and he suggests a solution driven dialogue. He has tried his best to make the world a better place. He is willing and anxious for the kind of dialog with the council that could spawn a reasonable solution. COUNCILOR RESPONSE Councilor Barton, liaison to the Human Service Committee, asked the council to refrain from responding to the comments this evening. She would support a workshop. There are good people on every side of the question and good people in the middle who do not have a place to sleep. Councilor Canedy spent some overnights at the shelter and has seen many successes. She would like to see a continuation of dialogue and compromise for a solution. Councilor Dagwan supports the idea of a workshop for solutions to the homeless issue and suggested that someone from the funding arm of the state discuss how shelters are assessed. Councilor Joakim understands the frustration of the businesses regarding signs. The regulations have to be addressed village-by-village. Councilor Milne stated that open house signs are by definition temporary. Councilor Canedy suggested the use of temporary signs should be discussed and be clear. President Chirigotis requested the Planning Board discuss how the sign regulations can be applied in all the villages. Councilor Farnham thanked Chris Kehoe for the tee shirts and also pointed out that the Father’s Day Car Show in Hyannis is free. Councilor Dagwan supports a workshop to solicit solutions for the shelter and feels someone from the state knowledgeable in this area should be invited. Councilor Munafo suggested having Communications from staff, etc. at this time. President Chirigotis obliged. Councilor Munafo wanted to clarify that the council had never indicated what sign laws would or would not be enforced. He also asked about some important late files which he did not want to see come up during the summer schedule. Councilor Tinsley spoke about the Big Brothers/Big Sisters Program. Scott Gaffe, Captain of the Prime Rate along with his first mate Caleb and Dan Hannon, Captain of the Salt Shaker, along with his first mate Ed, took out a bunch of children for a wonderful fishing experience. Councilor Canedy announced that former councilor Gloria Rudman was named The Mercy Otis Woman of the Year.

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ACT ON MINUTES Upon a motion duly made and seconded it was voted to adopt the minutes of May 20, 2010 with the following correction made by Councilor Milne: on page 3, replace “The three” with “At that time Councilors Milne, Elrick and Clark” to the second sentence under COUNCILOR RESPONSE, Councilor Milne. VOTE: 11 yes 2 abstentions Upon a motion duly made and seconded it was voted to adopt the minutes of June 3, 2010 as presented. VOTE: Unanimous ORDERS OF THE DAY OLD BUSINESS 2010-151 APPROPRIATION & TRANSFER - $1,024,146 FOR THE REPLACEMENT OF BARNSTABLE HIGH SCHOOL TRACK AND ATHLETIC FIELD Asst Manager Lynch gave the rationale. Patrick Murphy, School Committee Chairman, said the department has gone through a very large reorganization and this project would be the capstone. Patricia Grenier, Superintendent, said the need was established when the first $80,000 was approved. There is still $790,000 in the school sale account and she is expecting a $500,000 reimbursement on the heating system. A favorable bid from the engineering firm is saving over $200,000 on each project and the possible sale of another school would be additional revenue. David Lawlor said this was not a fly-by-night expenditure. Proposals have been offered for several million more, however, there are no bells and whistles - just the track and the field. Upon a motion duly made and seconded the public hearing was opened at 8:28 PM. VOTE: Patrick Clark, the newly hired high school principal, said the monies speak to a wellness commitment from the community. The track and the field are used by all ages at all times. Joel O’Brien read a letter from Clyde Takala, Chairman, Barnstable Recreation Commission. (Exhibit A) Artificial turf is safer than natural grass. He urges support because the time is right for this project. Doug Crook, football coach, said it is an all-purpose field for all sports. Steve Francis, BHS Athletic Director, also addressed the advantages of the turf rather than grass; there will be less wear on the artificial fields. Fran McDonald, Vice Chairman of the School Committee urges support. As a parent, there have been a variety of activities on the field – music, graduations, etc. that people attend. Mass Maritime Academy has used the same company to construct their fields. Dan Hensen, a parent of two who play football and run track, said his children have never run at a home meet. He encouraged a Yes vote. Chis Joyce, President of the Barnstable Youth Football Program and a graduate of BHS recalls when grass was OK because of the limited use. Grass cannot withstand the magnitude of the use. He would support this item.

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Upon a motion duly made and seconded the public hearing was closed at 8:42 PM. VOTE: No objection A motion was made and seconded to move the question. VOTE: 8 Yes, 5 No 2010-151 APPROPRIATION & TRANSFER - $1,024,146 FOR THE REPLACEMENT OF BARNSTABLE HIGH SCHOOL TRACK AND ATHLETIC FIELD Upon a motion duly made and seconded it was ORDERED: That the sum of $1,024,146 be appropriated for replacement of the Barnstable High School track and athletic field; and that to meet this appropriation, the sum of $1,024,146 be transferred from the sale of real estate account where the proceeds from the sale of the Grade 5 School building are held in accordance with state law. VOTE: 10 Yes, 3 No (Roll Call) (Barry, Farnham, Norman) Recess 8:45 – 8:50 PM 2010-148 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded it was RESOLVED, that the Town appoint the following individuals to a multiple-member board/committee/commission: HOUSING COMMITTEE Janet M. Daly, 68 Center Street, Unit 12, Hyannis, as member to a term expiring 6/30/13 COUNCIL ON AGING Nancy Wilder Boudreau, 29 Curry Lane, Osterville, as an associate member to a term expiring 6/30/11 A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-148 VOTE: Unanimous 2010-149 APPROPRIATION-$639,831 OF COMMUNITY PRESERVATION FUND RESERVE SET-ASIDES FOR CPC ADMINISTRATIVE EXPENSES Upon a motion duly made and seconded the public hearing was opened at 8:52 PM. VOTE: No objection Assistant Town Manager, Thomas Lynch gave the rationale. Upon a motion duly made and seconded the public hearing was closed at 8:54 PM. VOTE: 2010-149 APPROPRIATION-$639,381 OF COMMUNITY PRESERVATION FUND RESERVE SET-ASIDES FOR CPC ADMINISTRATIVE EXPENSES Upon a motion duly made and seconded it was ORDERED: That, pursuant to the provisions of G. L. c. 44B § 6, for the fiscal year ending June 30, 2011, the following sums of the annual revenues of the Community Preservation Fund be set aside for further appropriation and expenditure for the following purposes: Two Hundred Thirteen Thousand One Hundred and Twenty Seven and No/100 ($213,127.00) Dollars for open space; Two Hundred Thirteen Thousand One Hundred and Twenty Seven and No/100 ($213,127.00) Dollars for historic resources; Two Hundred Thirteen Thousand One Hundred and Twenty Seven and No/100 ($213,127.00) Dollars for community housing; and that the sum of One Hundred Thousand and No/100 ($100,000.00) Dollars be appropriated from the annual revenues of the Community Preservation Fund

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to be expended under the direction of the Town Manager, or the Community Preservation Committee with the prior approval of the Town Manager, for appraisal, title search, hazardous materials assessment, consulting services, and pre-development costs, and administrative expenses, and to assist in the development and performance of contracts for community preservation. VOTE: 13 Yes (Roll Call) 2010-150 APPROPRIATION $2,947,748 FY11 COMMUNITY PRESERVATION FUND DEBT SERVICE Assistant Manager Lynch gave the rationale. Upon a motion duly made and seconded the public hearing was opened at 8:55 PM. VOTE: No objection Upon a motion duly made and seconded the public hearing was closed at 8:55 PM. VOTE: No objection 2010-150 APPROPRIATION $2,947,748 FY11 COMMUNITY PRESERVATION FUND DEBT SERVICE Upon a motion duly made and seconded it was ORDERED, That the Town Council hereby appropriate $2,947,748 for the purpose of paying the FY11 Community Preservation Fund debt service requirements, and to meet such appropriation, that $2,886,401 be provided from current year revenues of the Community Preservation Fund and that $61,347 be provided from surplus funds reserved for the open space program within the Community Preservation Fund. VOTE: 13 Yes (Roll Call) 2010-123 AMEND C. 240 OF THE ZONING ORDINANCE – SIGN REGULATIONS Assistant Manager Lynch gave the rationale. Joanne Buntich discussed the substitute motion revised by the planning board. She reviewed some of the changes in the ordinance. Upon a motion duly made and seconded the public hearing was opened at 9:05 PM. VOTE: Debroah Converse from the Hyannis Area Chamber of Commerce said the directors suggested passing the ordinance. It brings clarity and a good example. They also urge revision of other village sign regulations. Ann Mariscotti, an Osterville business owner, explained that, if the regulation applied to Osterville, she would qualify for a hardship location since her business is at the end of a long hallway. President Chirigotis has asked the planning board to consider the other village centers and they will take it up. Elizabeth Wurfbain, Hyannis BID Director, is pleased that the planning board has listened to the thoughts of business people. She would like other Main Streets in other villages to have a similar process. Stanley Homey, Centerville, said more signage is needed and appreciates a vote in favor. Upon a motion duly made and seconded the public hearing was closed at 9:10 PM. VOTE: No objections

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Councilor Canedy points out that allowing banners that say “Open” was omitted and feels that businesses in other villages have as much a need to get the word out. Director Buntich said there was no prohibition of “Open” on banners. They do not want to dictate the words that the business chooses. Councilor Farnham asked about the additional burden on staff and the ramifications on the budget. Thomas Geiler, Consumer Affairs Director, said significant costs come with any change in the sign code. He suggested some changes to several of the onerous requirements that are time-consuming and will cost “a fortune.” He suggested a simple change to allow not-for-profits to put out flags with a change in the need for a permit to avoid having to “chase them down.” In addition he suggested changing some of the requirements for special permits. Councilor Barry suggested the planning board confer with Director Geiler on improvements and streamlining. Asst. Manager Lynch said the town manager met with the planning board and growth management regarding compromise measures. As the planning board revisits this issue town-wide perhaps the process could be simplified. Director Buntich said she is preparing already for handling this. She elaborated on several options and alternatives. Councilor Joakim said the Main Street businesses really want this and urges passage. Councilor Milne would rather vote to freeze and revoke any sign ordinances for the whole town while something of quality is created that allow all businesses to breathe for this summer season. Milne made such a motion which was seconded. Town Attorney Ruth Weil said it could be done but the motion does not fit within the four corners of the amendment. Such a change would have to follow the process of a hearing, etc. There was not interest in directing the town manager to initiate a 90 day freeze. Councilor Norman said Cape Cod does not look like Coney Island and a suspension would allow all variety of signs and make them preexisting conditions. Councilor Tinsley said there are only 32 businesses on Main Street – they have their A-frames ready. This is needed now. The economy has been bad and he doesn’t want to put a road block in the way. Councilor Rugo will support the item. Past practice has been non-enforcement. A motion was made and seconded to move the question. VOTE: Unanimous 2010-123 AMEND C. 240 OF THE ZONING ORDINANCE – SIGN REGULATIONS Upon a motion duly made and seconded it was ORDERED, that Chapter 240, The Zoning Ordinance of the Town of Barnstable, Article VII, Sign Regulations be amended by adding the following: Section 1 § 240-60 Definitions is hereby amended by adding the following definitions and inserting them where they appear alphabetically within the existing definitions: Location Hardship Sign: A temporary portable sign allowed in the HVB for a business demonstrating a location hardship, as further defined herein, to identify and/or direct patrons to their business. Such locations are ones where:

(1.) A permitted sign is not visible due to substantial obstruction(s) outside the control or ownership of the business owner including but not limited to other signs, awnings, trees in leaf, outdoor dining or other business appurtenances or where building facades are excessively setback or

(2.) Due to the location on an upper floor the business is unable to display a trade figure or symbol or a trade flag or

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(3.) Where, due to the upper floor location, the visibility of other permitted signage is substantially reduced.

Hardship location signs are not counted toward the amount of signage allowed. Trade Figure or Symbol: A three dimensional representation of a business that is used to indicate the type of merchandise or services offered by the business. Trade Figures or Symbols shall be still and silent. Business trade figures are not counted towards the amount of signage allowed.

Trade Figure or Symbol Example -Butcher Shop

Open/Closed Sign: A business in the HVB may display a sign, which may include a neon sign, as defined herein, indicating whether it is open or closed. Open/Closed signs are not counted towards the amount of signage allowed. A neon sign is made of glass tubes filled with an inert gas such as neon or argon electrified to produce illumination. This provision is an exception to Section 240-24.1.10 A(6). Trade Flag: Any sign consisting of lightweight fabric that is affixed to a pole displaying letters, designs or icons exemplary of the business displaying the flag. Such images shall be consistent with the historical heritage and character of Hyannis. Trade flags are not counted towards the amount of signage allowed. Section 2 § 240-61. A. Prohibited Signs is hereby amended by adding the following language shown in bold face type: A. Any sign, all or any portion of which is set in motion by movement, including pennants, banner or flags, with the exception of Trade Flags in the HVB and except official flags of nations or administrative or political subdivisions thereof. B. Any sign which incorporates any flashing, moving or intermittent lighting. Such signs include LED (Light Emitting Diode) signs; LED Border Tube signs including any sign that incorporates or consists solely of a LED border tube lighting system; and simulated neon signs which are extremely bright backlit signs using fluorescent lamps and neon colored inks or translucent vinyl for lettering and display. H. Any portable sign, with the exception of a Location Hardship Sign in the HVB, including any sign displayed on a stored vehicle, except for temporary political signs. Section 3 § 240-71 Signs HVB District is hereby amended by inserting the following: E. Open/Closed Sign, Business Trade Figure or Symbol, Trade Flag or Location Hardship Sign: Subject to § 240-85 Permit required; identification stickers.

1. Trade Flag: A business may display a trade flag to identify and/or direct patrons to their business provided that the following standards are met:

a. The Trade Flag is attached, at a public entrance, to the building façade in which the business is located.

b. Only one (1) Trade Flag per business establishment is permitted per building façade as may abut any street.

c. A Trade Flag may not be used in conjunction with an Open/Closed sign or Business Trade Figure.

d. The dimensions of any Trade Flag shall not exceed three (3) feet x five (5) feet.

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2. Open/Closed Sign. A business may display a sign to identify and/or direct patrons to their

business provided that the following standards are met: a. The Open/Closed Sign is attached, at the public entrance, in a display window or door of

the building in which the business is located. b. Only one (1) Open/Closed Sign per business establishment is permitted per frontage. c. An Open/Closed Sign may not be used in conjunction with a Trade Flag or Business

Trade Figure or Symbol. d. The dimensions of any Open/Closed Sign shall not exceed 22” by 14”.

3. Trade Figure or Symbol: A business may use a three dimensional representation of their

business providing the following criteria are met: a. The Business Trade Figure or Symbol is placed at the public entrance immediately

abutting the building front or is affixed to the front façade of the building in which the business is located. Such figures or symbols shall not be located on Town property.

b. The Business Trade Figure or Symbol represents the business and or its services and is based on historic trade representations.

c. Only one (1) Business Trade Figure or Symbol per business establishment is permitted. d. Business Trade Figure or Symbol may not be used in conjunction with an Open/Closed

sign or a Trade Flag. e. The dimensions of any Business Trade Figure or Symbol shall not exceed two (2) feet x

three (3) feet x (4) four feet. f. Business Trade Figure or Symbol shall be secured as necessary so that it does not create

nuisance or hazard under any conditions to pedestrians, motorists or business patrons. g. Business Trade Figure or Symbol shall not obstruct safe passage or impeded

accessibility on the sidewalk and shall not obstruct views to another business or business sign.

h. Proof shall be submitted demonstrating to the satisfaction of the Building Commissioner that explicit written permission has been given by the owner of the property proposed for locating the Trade Figure or Symbol.

4. Location Hardship Sign: These signs are allowed in the HVB District, provided that a special

permit is obtained from the Planning Board subject to the provisions of § 240-125C herein and subject to the following criteria and performance standards. a. Criteria

1. Applications for Location Hardship signs shall demonstrate through visual evidence substantial obstruction or other substantial location hardship as defined herein.

2. One (1) Location Hardship Sign is permitted per each business frontage. 3. Evidence demonstrating to the satisfaction of the Planning Board and the Building

Commissioner that explicit written permission has been given by the owner(s) of the property proposed for placing the sign that is the subject of the special permit application.

4. Where the Location Hardship sign is within the Hyannis Main Street and Waterfront Historic District a certificate of appropriateness shall be obtained prior to and submitted with the application for special permit

5. Where the Location Hardship Sign is proposed on town property, the following additional criteria shall be met: 1. Proof of receipt of a license from the Town Manager or designee for the sign at

the proposed location; 2. Proof of insurance consistent with this license from the Town Manager or

designee shall be provided to the Planning Board and the Building Commissioner prior to placing any approved sign.

b. Performance standards: Location Hardship signs:

1. Shall not exceed two (2) feet by four (4) feet. 2. Shall be secured as necessary so as not to create nuisance or hazard to pedestrians,

motorists or business patrons under any conditions. 3. Shall not obstruct safe passage or impede accessibility on the sidewalk.

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4. Shall not obstruct views to another business or business sign. 5. Shall be professionally made, professionally painted and well- maintained. Hand

lettered signs shall not incorporate informal, irregular hand lettering. 6. Shall not be illuminated. 7. Shall not have lights, banners, flags or similar objects placed on or adjacent to the

sign. 8. Shall be placed on the sidewalk leading to the public business entrance. 9. Shall be removed at the close of business each day. 10. Shall not be displayed outside of business hours.

VOTE: 13 Yes (Roll Call) 2010-122 AMEND ZONING ORDINANCE CHAPTER 240, ARTICLE III - ADDING MARSTONS MILLS VILLAGE DISTRICT (MMVD) Upon a motion duly made and seconded the public hearing was opened at 9:37 PM. VOTE: Director Buntich gave the rationale. Craig Larsen, President of the Marstons Mills Village Association, said they are in favor. Upon a motion duly made and seconded the public hearing was closed at 9:42 PM. VOTE: No objection A motion was made and seconded to move the question. VOTE: Unanimous 2010-122 AMEND ZONING ORDINANCE CHAPTER 240, ARTICLE III - ADDING MARSTONS MILLS VILLAGE DISTRICT (MMVD) Upon a motion duly made and seconded it was ORDERED That Chapter 240, Article III of the Zoning Ordinance is hereby amended as follows: Section 1: Adopts a new Section 240-24.2 titled Marstons Mills Village District (MMVD) Section 2: Amends the Zoning Map to rezone the VB-A Zoning District located near the intersection of Route 149, River Road and Main Street in the Village of Marstons Mills to MMVD and RF as shown on the map (to be entered once official map is created) Section 3: Amends Section 240-5, Establishment of Districts by adding “MMVD – Marstons Mills Village District” to the listing of Commercial Districts. Section 4: Amends Section 240-67 that now reads “Signs in the CVD, OM, HG, TD, VB-A, and VB-B District” to read “§ 240-67 Signs in the CVD, OM, HG, TD, VB-A, VB-B, and MMV Districts” Section 5: Amends Section 240-125.B (1) (e) Use Variances, to read:

“Use Variances: To authorize variances for uses in accordance with the provisions of this ordinance provided, however, that no such variances shall be granted within; three hundred (300) feet of the major arteries known as Route 28, Route 132, Route 149 and West Main Street, within the Marstons Mills Village District (MMVD) and within 300’ of the MMVD boundary.

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Section 1: To amend the Zoning Ordinance of the Town of Barnstable, Chapter 240 of the General Ordinances of the Code of the Town of Barnstable, Article III, District Regulations by adding a new Section 240-24.2, Marstons Mills Village Zoning District, to read as follows: § 240-24.2. Marstons Mills Village Zoning District A. Principal Permitted Uses. The following uses are permitted in the Marstons Mills Village Zoning District

(MMVD). Uses not expressly allowed are prohibited. 1. Professional or business office 2. Medical or dental office 3. Branch office of a bank or credit union, excluding drive through banking 4. Small scale retail 5. Small scale food service 6. Mixed use development where the building footprint does not exceed 5,000 SF and total gross floor

area does not exceed 10,000 SF with retail or office use on the first floor, residential apartment units above not to exceed 4 apartment units.

7. Bed and breakfast within an owner-occupied single-family residential structure subject to the provisions of § 240-11C (6) except Subsections (b) [1] and [2]. No more than six (6) total rooms shall be rented to not more than 12 total guests at any one time. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests.

8. Single family residential dwelling (detached) B. Accessory Uses. In addition to Article V Accessory Uses herein, the following uses are also permitted as

accessory uses in the MMV District. 1. Apartment incidental to a non-residential use. 2. Automated banking facilities (ATM) within a principal building or a walk up ATM facility located in

a side or rear yard. C. Conditional Uses. The following uses are permitted as conditional uses in the MMV District, provided that

a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and the specific standards for such conditional uses as required in this section:

1. Mixed use development in excess of that permitted as of right above provided; a. The building footprint does not exceed 5,000 SF and total gross floor area of the

building does not exceed 13,300 SF, b. Retail or office use on the first floor with residential apartment units above, c. The number of residential apartment units does not exceed 7, d. Effluent from the on-site septic system for the mixed use development complies fully

with all Board of Health regulations without relief or variances from the Board of Health nitrogen standard for this area, and

e. The location of the mixed use development is appropriate and compatible with abutting uses and supports abutting uses.

2. Health clubs. 3. Artist's lofts. 4. Art galleries. 5. Museums. 6. Performing arts facilities. 7. Educational institutions. 8. Bed-and-breakfast inns within an owner occupied structure that exceed the provisions of Accessory

Uses permitting provided the on-site septic system complies fully with all current Board of Health regulations.

9. Not for profit fraternal or social organizations. D. Special Permit Standards. In addition to the standards for the grant of a special permit set forth in § 240-

125C, the grant of any special permit within the MMVD requires findings to support that the development meets one or more of the following criteria:

(a) The development maintains or improves pedestrian access and outdoor public spaces; (b) The development contributes to the historic character of the Marstons Mills Village area;

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(c) The development eliminates or minimizes curb cuts and driveways on Route 149 and River Road;

E. Bulk Regulations Minimum Yard Setbacks

Minimum Lot

Frontage (feet)

Maximum Building Height (feet)

Maximum Coverage by

Structures as a % of Lot Area

Minimum Lot Area

(square feet) 4Front Side

(feet)Rear

(feet)

(feet) 1 1 3

10,000 20 10 0 0 302 20% Notes:

1. A minimum 30 feet side or rear yard setback is required where lot boundaries abut a residential district.

2. Or two and one half stories, whichever is less, and except that; • The Maximum Building Height may be increased to 36 feet when the roof pitch is at

least 6 in 12. • Accessory rooftop equipment may extend to 36 feet provided that it is set back from all

exterior wall(s) by at least 10 feet, and is enclosed or screened with materials compatible with the building, and the equipment and screening are not visible from the ground. Accessory equipment shall not exceed 20% of the roof area.

3. 30% of the total upland area of the lot shall remain pervious and may contain landscaping, tree plantings, mulch or natural vegetation including the requirements of 240-53.

4. Front yard Landscape Setback from the road lot line shall be 10 feet. Existing trees and shrubs shall be retained within the road right of way and within the required Front Yard Landscaped Setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the Front Yard Landscaped Setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three (3.0) inches, shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives, and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any Site Plan approved pursuant to Article IX herein.

F. Special Permit for Dimensional Relief. The SPGA may provide relief from minimum yard

setbacks where the boundary does not abut a residential district, facade length requirements or ground floor window requirements when such relief is consistent with this section and § 240-125C.

G. Non-Conforming Use limitations. Within the MMVD the change of a non-conforming use to another

non-conforming use is prohibited notwithstanding the provisions of Section 240-94.A. A nonconforming use shall only be permitted to change to a Principal Permitted Use as of right or to a Conditional Use as provided for by the grant of a special permit pursuant to Section 240-24.2.C and D herein.

H. Corporate Branding - Buildings, colors, signage, architectural features, text, symbols, graphics, other

attention getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation is prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the MMVD architectural composition, character, and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site, adjacent development or Marstons Mills community character.

I. Design Guidelines. Within the MMVD the following design guidelines shall apply to all new buildings

and structures and/or expansions and alteration to existing buildings and structures as follows: 1. Façade and Roof Standards

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(a) Facade length. Buildings or portions of a building with a mass over 50 feet wide must divide their elevations into smaller parts. A pronounced change in massing, pronounced changes in wall planes and introducing significant variations in the cornice/roofline are all possible methods to accomplish the desired divisions of elevations into smaller parts.

(b) Roof pitch. Roof pitch for new structures and additions to existing structures shall be within the range of roof pitches found on the main roofs of existing structures within the MMVD. Flat roofs may extend up to 20 linear feet only in combination with other pitched roof elements by right or, if greater than 20 feet with other pitched roof elements, through a special permit.

(c) Roofline variation. Roofline variation is achieved by visually and physically changing roof direction or off-setting roof peaks and ridgelines, both horizontally and vertically. The roofline shall be varied on all elevations visible from a street, parking area, or public space. Individual segments of the roofline shall not extend more than 30’ in width measured horizontally.

2. Ground floor windows. Religious institutions are exempt from ground floor window requirements.

(a) All new nonresidential development or redevelopment shall provide ground floor windows for facades facing the street, including windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. The glazing pattern shall be aligned in regular and traditional patterns found within the MMVD.

(b) In new and redeveloped non-residential structures windows that block two-way visibility, such as darkly tinted and mirrored windows, are prohibited as ground floor windows along street facades.

(c) In new and redeveloped non-residential structures, any wall that is within 30 feet of the street shall contain at least 20% of the ground floor wall area facing the street in display areas, windows, or doorways. Blank walls, including walls that do not include display areas, windows, architectural features, and/or doorways, are prohibited.

3. All structures within the MMVD shall utilize at least four (4) of the following design features: Gables Offsets on the building face or roof of at least two inches Gable dormers Cupolas or other appropriate roof elements Covered porch or recessed entry area Window shutters Horizontal lap siding Wood Shingles

4. Divided light windows Metal-sided buildings are prohibited within the Marstons Mills Village District. 5. Drive-through and drive-up windows are prohibited within the Marstons Mills Village District. 6. The design of all structures, and materials selected for their exterior surfaces, will utilize scale, color and

materials that enhance and promulgate the traditional small-scale village character currently found in the MMVD.

7. Signs: In addition to compliance with Article VII, Sign Regulations, the following restrictions shall also apply to all signs in the MMVD.

(a) Internally illuminated signs, halo and backlit signs are prohibited in the MMVD. (b) Business identity, either by awnings, accent bands, paint or other applied color schemes,

signage, decorative roof details or materials should not be the dominant architectural feature. H. Site Development Standards. In addition to Article IX, Site Plan Review and Article VI, Off-Street

Parking the following additional requirements shall apply within the MMVD. 1. Loading docks. Loading docks shall be screened from Route 149, River Road and Main Street with

landscaping or fencing materials of an appropriate scale. 2. To the greatest extent feasible, all new parking areas shall be located to the side and rear of the building.

Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner.

3. Curb cuts and driveways. (a) Shared driveways and parking area interconnections are strongly encouraged. No more than one

curb cut on Route 149, River Road and Main Street shall be allowed for any lot. For traffic

12

safety and to maintain traffic flow, no new driveways shall be permitted on Route 149, River Road and Main Street within 200 feet of any intersection.

(b) Driveways shall not exceed the width required by Site Plan Review 4. Lighting.

(a) All developments shall use full cutoff light fixtures for exterior lighting in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.

(b) Flood, area and up lighting is prohibited.

J. Definitions. The following terms are defined for the purpose of the MMVD and shall not be construed to apply to other regulations

Apartment - One or more rooms with private bath and kitchen facilities comprising an independent self-contained rental dwelling unit (a unit not owned in fee simple) located in a building where the principal use is nonresidential. Mixed Use Development - Development including at least one residential unit and at least one non-residential use on a single lot or several non-residential uses on a single lot. In the MMVD district for every four (4) apartment units permitted one (1) of those units shall be dedicated as affordable in addition to the provisions of Chapter 9 Inclusionary Affordable Housing Requirements. Small-Scale Food Service – An establishment where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to corporate branding limitations as described herein. These uses are intended to increase pedestrian traffic. Small-Scale Retail - Small stores and businesses, including but not limited to, corner groceries, artist space, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive or machine repair. Small scale retail is subject to corporate branding limitations as described herein. These uses are intended to increase pedestrian activity. VOTE: 13 Yes (Roll Call) NEW BUSINESS 2010-156 ACCEPTANCE OF A PRICING/PRICE VERIFICATION GRANT Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby accepts an Item Pricing/Price Verification Grant in the amount of $25,000 from the Massachusetts Office of Consumer Affairs, Division of Standards, to be expended by the Regulatory Services Department, Consumer Affairs Division, to conduct Item Pricing/Price Verification Inspections throughout Barnstable County utilizing Division of Standards certified staff of the town. Thomas Lynch gave the rationale. A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-156 VOTE: Unanimous 2010-157 REAPPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION Upon a motion duly made and seconded this item was referred to a second reading on July 15, 2010. VOTE: Unanimous

13

LATE FILES 2010-158 RESOLUTIONS & ORDERS FOR INFRASTRUCTURE EXPANSION PROGRAM Upon a motion duly made and seconded this item was referred to a public hearing on July 15, 2010. VOTE: 11 Yes, 2 No (Canedy, Munafo) 2010-159 AMEND CH.240, ART.II OF THE ZONING ORDINANCE & MAP Upon a motion duly made and seconded this item was referred to a joint public hearing with the Planning Board on July 15, 2010. VOTE: 12 Yes, 1 No (Munafo) 2010-160 AMEND CH.240, ART.II OF THE ZONING ORDINANCE & MAP Upon a motion duly made and seconded this item was referred to a joint public hearing with the Planning Board on July 15, 2010. VOTE: 12 Yes, 1 No (Munafo 2010-161 ACCEPTANCE A $1,990,000 GRANT FROM THE FEDERAL AVIATION ADMIN. Upon a motion duly made and seconded it was RESOLVED: That the Town Council does hereby accept a supplemental grant award in the amount of $1,990,000 from the Federal Aviation Administration and that the Barnstable Municipal Airport Commission is authorized to enter into contracts and to expend the grant monies for the purposes specified therein. Airport Manager Bud Breault gave the rationale. This is an increase in ARRA funding. The total project cost is paid with no cost to the town. A motion was duly made and seconded to amend Item 2010-161 to reflect the correct grant total of $1,990,000 in both the title and the text. VOTE: Unanimous A motion was made and seconded to move the question. VOTE: Unanimous On Item 2010-161 VOTE: Unanimous TOWN MANAGER COMMUNICATIONS - None Upon a motion duly made and seconded it was voted to adjourn the meeting at 9:53 PM. VOTE: Unanimous Respectfully submitted, Lucia Fulco, Assistant Town Clerk

14

Town of Barnstable Town Council Meeting

August 5, 2010

quorum being duly present, Council President Frederick Chirigotis called the August 5, 2010, Town Council meeting to order at 7:00 p.m. in the 2nd Floor Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA. A

PRESENT: Richard Barry, Ann Canedy, Janice Barton, Frederick Chirigotis, James Crocker, Jr., Debra Dagwan, Henry Farnham, Janet Joakim, J. Gregory Milne (7:15 p.m.), James Munafo, Jr., John Norman, Thomas Rugo, and James Tinsley.

President Chirigotis led the hall in the Pledge of Allegiance, followed by a Moment of Silence. PUBLIC COMMENT (limited to 2 minutes)

• Jon Julius addressed the temporary sign issue. Change the policy to allow people to have signs. The policy is unconstitutional. I have a right to put a sign out to sell a house. He has no problem in other towns, just this one. Please sponsor a new piece…he stated he had a copy of a suggested version.

• Brian Cobb from Century 21 Real Estate stated that he has had open houses for 30

years and has had had no problems until recently. For the last 6 months we have been harassed on weekends and our signs have been removed. For open houses the signs are only up briefly. This sign ordinance is anti-business.

• Niles Morin, who is also a realtor, said he is just trying to make a living. He put signs

up and because of the signs he is able to pick up buyers, without them it is lost business.

• Mark Goldberg addressed the DCPC regulations and has distributed a letter (marked

Exhibit A). At its heart it is a zoning document. Once it passes, all will be in the hands of the Cape Cod Commission. We need to maintain local control. There have been some homes built that are irritating. This is your chance to bring people together – implement regulations as zoning.

• Steve Brown from Craigville gave comments (see Exhibit B) also on the DCPC. Many

of us have documented the need for the DCPC. Zoning does not apply to non-conforming uses that are pre-existing. All the best intentions of zoning will not protect the water and beach like planning, which is pro-active.

• (President Chirigotis excused himself from the dias at 7:18 p.m. and Vice President

James Crocker took the gavel.)

• Meg Loughran hopes that this will be the last time she will speak to the DCPC. The difference is grandfathering is exempt. Why are we afraid of it – redevelopment without a DCPC is scary. It is frightening to think what could be added.

• Mary Ann Barboza started to ask Councilor Dagwan and David Curley a question

about a young man who had a complaint at the HYCC...Vice President Crocker informed Ms. Barboza that she can not use specific names or ask questions. He suggested that she might want to write to these people about the issue. Ms. Barboza asked what are we supposed to do when an issue happens? She felt the issue was overlooked. She wanted to know how and why people of authority can pick and choose what children get protected.

• Shirley Fisher has spoken before on the DCPC. She has no fear of local control. The

real issue is what you want this area to look like way down the road in the future. She supported statements made by Steve Brown and Meg Loughran.

• Sarah Cote from Sandwich read a piece on behalf of Richard Bartlett from Cotuit.

Nantucket Sound is not pristine. Please make an effort to listen to your constituents.

• Roy Richardson from Centerville spoke on the DCPC. There are serious questions. What is the nature of the council’s role. The role is to listen. Take it to heart and act appropriately. Support the DCPC.

• Patrick Page from West Barnstable vented his frustrations. He said 3 of the

councilors were reasonable. He and his wife came in 4 years ago and he asked the council to help him save a house on Buttonwood Lane. I have threatened no one. You have all used my name. I did the process with Conservation. They told me to take it to the state – I did. I have asked you to investigate. My boxes are full of evidence. I am aggrieved. You keep ignoring me and slandering and lying about me – watch out – I might put that shoe on. I have asked you to look into this. Who do I go through when it is a tie vote. I have not threatened anyone. How come the minutes are not written up properly.

• Jane Saunders (with Mr. Page) asked what are you going to do about this. You are

going to have to listen until there is some resolution. We want an independent group to go over this. Who is watching the boards, the committees and commissions. Once again we beg you and plead with you to look at this in a new way. Who has the gumption and can overcome their complacency and have some compassion. You can’t even solve a sign problem. It ought to be simple.

• Stephen Peckham noted that in an article published it said a gift fund was created to

help support the fight against Cape Wind. He addressed being a first responder to emergencies and it was told that we will have to buy millions of dollars of equipment. He said it is false and the Coast Guard is the first responder and will reimburse the town for any expenses.

• Esther Kateff talked about the sewer issue in Stewarts Creek. They are in the midst

of this and we don’t have high powered attorneys. What is the cost going to be to us for this phase and phase 2? What is the betterment cost going to be and the

personal cost for the hookup – is it mandatory and what about those who have new and working septic systems. How will an override vote help us. We have heard of $20,000 and $30,000. I am on a fixed income. We are asking you to be transparent on the costs.

• Barbara Hill from Centerville said Clean Power asked to stop funding legal costs to

fight Cape Wind. We know that over $15,000 has been spent and that does not include other costs. What if someone wants to support Cape Wind? (see Exhibit C for full talk)

• Meredith Farnsworth thanked the council for the 50% betterment; it is better than

100%. Many of us will need grinder pumps, this is an additional burden. We don’t know the cost or why we need them. Some may need electrical upgrades. We were told that we could fill the septic systems – however, now we hear that might not be the case. She wants to remind folks that there are predatory contractors out there as well.

• Al Baker from Marstons Mills thanked the council for his reappointment to the DPW

and Waste Water Treatment Commission. He announced upcoming Village Day and BBQ on September 12.

• Conrad Geiser from Cotuit said It seems we could do better by constructive

engagement with the wind farm proponents. We should work with them and not against them.

• Sharon Monahan represented her parents Ann and Jack O’Malley of Long Beach

Road. We have unanimous support for local zoning. We have common ground and can move forward in an amicable manner.

• Jon Julius said the sign regulation is in violation under the 1st and 14th amendments to

the Constitution. I am here for every person in the town. People are watching you. COUNCIL RESPONSE TO PUBLIC COMMENT

o Councilor Norman said a majority of those elected to this board were obvious in their vote against Cape Wind. I am against it – this will be a monstrosity in a beautiful piece of property. I feel that I would be remiss if I supported the wind farm. We as a town will be negatively affected by the loss in tax revenue and lowering of the assessed value if it is built . Regarding the sewer situation – there seems to be unknown costs. There is a number that has been approved – there are change orders in contracts. Those could escalate the cost of the job. The funding from the Feds is not sure yet either. You can fill the existing septic. You can get bids for hookup. Grinder pumps are used for those who might have to have the sewage go up hill – you need the pump to grind and pump it uphill. He has listened to the people who live on the streets in the area of the DCPC.

o Councilor Milne asked about what we could do to help with predatory

contractors. Milne said he has talked to many sides relative to the aggrieved

person – it would not be that difficult to grab a third party to look at this and be reasonable.

o Councilor Canedy said that the Council President has referred the review of

the sign ordinance as to how it relates to real estate “Open House” signs to the Planning Board for consideration at her request.

o Councilor Farnham addressed Cape Wind. This has been a long standing

effort. Most of the councilors are also aware of the open house and open flags issue – and many of us feel we can mitigate this while we are trying to modify the sign code for better codes for the people of the town. We are going to look at each village. If we can see a way to ameliorate the current code we will do it. We have a short window of the business season.

o Councilor Dagwan said it is nice to have signs on the main roads to properties

that are off the road. Councilor Canedy has taken the lead on it. She said regarding the incident at the Youth Center, it was back in February, and the young man had an issue and it should have been taken to the parents. It was brought to the proper authority. It was handled properly.

o Councilor Tinsley has not agreed to or signed anything against Cape Wind. He

is in favor. Fossil fuels are limited and that is the base fact. It won’t affect us. He wants his daughters to have clean energy.

o Councilor Barton clarified a statement made at a previous meeting. She did

not say she was threatened, she said she felt threatened. If you have that feeling it is a valid feeling and needs to be spoken. I think people’s feelings should be validated. We have the law to back us up on it.

o Councilor Joakim worries that the council does not have the decorum and the

respect that should be allotted this group. I don’t want it to get to the point of shoes being thrown. She has felt threatened and it is not appropriate to yell and scream. Cape Wind came in 2001 and we tried to talk about our role, and the costs, there was an attitude from the beginning that they (Cape Wind) did not need to talk to us. There will be a helipad and ferries going back and forth to the construction area – we want to be part of the emergency plan. The Town of Mashpee and Barnstable will be responsible. It will take 4 hours to get any fuel spill to our shores. There are many questions and concerns that need to be answered. We have to file a suit because no one is giving us the answers.

o Vice President Crocker welcomed back the Town Clerk. He also addressed

the writing of legislation and he gave some data on fossil fuels.

o Councilor Tinsley said he does know what has been happening on Cape Wind. ACT ON MINUTES

Upon motion duly made and seconded it was voted to approve the minutes of: July 15, 2010. VOTE: 13 YES COMMUNICATIONS FROM ELECTED OFFICIALS, BOARDS, COMMISSIONS, STAFF, CORRESPONDENCE, ANNOUNCEMENTS AND COMMITTEE REPORTS

Councilor Tinsley said there have been some issues on illegal activity in Precinct 9 and thanked the police department who has been a comfort to the community. Thank you.

Councilor Barton attended an event at the Zion Museum and it is an awesome

building and facility. She announced some upcoming meetings such as one at CCCC on Sept. 19. She thanked everyone who attended the anti bullying workshop. She announced a new Peace Builders award (see Exhibit D). These are for acts of kindness. We are trying to support positive things. She announced a number of other happenings with the No Place for Hate group.

Councilor Munafo thanked the Town Manager for his attention to having machinery

moved from construction sites on weekends. We need to make sure neighbors in areas of construction have their rights protected.

Councilor Joakim announced Centerville Old Home Week.

Councilor Farnham said the world renowned West Barnstable Festival with its eclectic

mix of people is Sat. August 21.

Councilor Milne attended the opening of the Ruth Rusher Youth Hostel. He also stated he had met our Barnstaple, England friends including the Mayor and Clerk who recently visited.

Councilor Canedy announced the Barnstable Village Ice Cream Social that will be

held on August 14. The Millway Munch ice cream will be introduced.

Councilor Dagwan announced the Farmers’ Market. She also stated that the Governor is visiting the Zion Museum this evening.

(Councilor Rugo left the room briefly and returned about 8:50 pm)

The Asst. Town Manager recused himself from the dias.

ORDERS OF THE DAY A. OLD BUSINESS 2010-062 DCPC IMPLEMENTING REGULATIONS – CRAIGVILLE BEACH DISTRICT INTRO: 12/03/09, 02/25/10, 03/04/10, 04/01/10, 08/05/10 Paul Niedzwiecki from the Cape Cod Commission referred the council to two handouts (see Exhibit E). One was a legal statement and the other a staff report. The staff found that the language was indeed in line with the DCPC. He said most of the council seems to be ok with the language. You need a 2/3’s vote to adopt this. Should you not vote it affirmatively –

a no vote limits your local control in many ways. Can you do it on the local level? The answer is no it is not the same thing. This language becomes certain. He referenced a Bournedale DCPC – they are now looking to change it and the CCC is in negotiations. That is different from a residential DCPC. Vice President Crocker said there is no unanimous love of the language…it was a negotiation choice. Councilor Rugo said there are 12 members present and if 8 vote in favor that is 2/3’s. There is 2/3’s if you count just the membership present Councilor Tinsley asked about #24 recommendations for strengthening. He was told by Niedzweicki that if it does not pass by November the CCC could take action.. Councilor Munafo asked about the super majority, which would be 2/3’s of the whole body. A simple majority is needed for an opinion from Cape Cod Commission. Councilor Joakim said the CCC was voted in by the people of the town. This is what our voters want. Grandfathering is a big issue. If we do not do this we would be subject to litigation regarding grandfathering. Councilor Munafo said that whether or not you are for or against something, you don’t want to be a rubber stamp either. A motion was made, seconded and voted to move the question. VOTE: 11 yes and 1 no Upon motion duly made and seconded it was ORDERED: Preamble: This section is adopted as a zoning implementing regulation of the Craigville Beach portion of the Craigville Beach District of Critical Planning Concern (DCPC). Included in this order: Section 1 amends the Zoning Map to create the Craigville Beach District; Section 2 adopts the Craigville Beach District Implementing Regulations. Section 3 incorporates the DCPC implementing regulations into the Town of Barnstable Zoning Ordinances upon approval by the Cape Cod Commission and Section 4 adds the Centerville Beach District to the Town of Barnstable Ordinance Article II, § 240-5 Establishment of Districts, Residential Districts. Section 1 Craigville Beach District Map That the Zoning Map of the Town of Barnstable is hereby amended by rezoning portions of the RB, RC, RD and RD-1 zoning districts in Centerville and a small portion of western Hyannis to the Craigville Beach District as shown on a map on file with the Town Clerk entitled "Proposed Amendment to the Town Zoning Map Creating the Craigville Beach District" dated July 16, 2009 Index Sheets Hyannis Sheet 3 of 7 and Centerville Map 4 of 7 creating the Craigville Beach District”. Section 2 Craigville Beach District Implementing Regulations

That Chapter 240, The Zoning Ordinance is hereby amended by adding to Article XIV District of Critical Planning Concern Implementing Regulations a new § 240-131 adding Craigville Beach District Implementing Regulations as follows: §240- 131 Authority This section is adopted under the authority of the Home Rule Amendment, Article 89 of the Constitution of the Commonwealth, and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989. §240-131.1 Purposes and Intent

A. The purpose and intent of this section is to guide development in the Craigville Beach District pursuant to the Guidelines of Barnstable County Ordinance 08-06 to ensure that development and redevelopment:

(1.)Contributes to and respects the character and historic development patterns of the area; lessens inconsistent development and redevelopment impacts to the historic and community character resources in this area;

(2.)Protects and preserves scenic views and vistas and ways to the water; (3.)Protects and improves natural resources including but not limited to the

barrier beach and groundwater and coastal water quality; lessen development and redevelopment impacts to the natural resources and ecosystems in this district;

(4.)Protects human life and property from the hazards of periodic flooding, (5.)Preserves the natural flood control characteristics and the flood control

function of the flood plain, (6.)Preserves and maintains the ground water table and water recharge

areas within the floodplain. As the entire complex of coastal wetland resources moves landward due to relative sea level rise, the Craigville Beach area’s coastal floodplains immediately landward of salt marshes, coastal beaches, barrier beaches, coastal dunes, and coastal banks require special protection.

240-131.2 District Boundaries

A. The provisions of this ordinance shall apply within the Craigville Beach District (CBD), as shown on the Zoning Map of the Town of Barnstable as amended. B. Neighborhood Overlays. For the purpose of this section the Craigville Beach District is divided into the following Neighborhood Overlay areas, as shown on the Zoning Map and identified as: . LBSB: Long Beach/Short Beach CB: Craigville Beach

CRNB: Centerville River North Bank CV: Craigville Village

§ 240-131.3 Definitions Accessory Use or Building-- A use or structure which is customarily incidental to and subordinate in area, extent, and purpose to that of the principal use or structure.

Base Flood Elevation (BFE) – The elevation shown on the Flood Insurance Rate Map (FIRM) that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Beach Club -- A membership establishment legally in existence at the time of the adoption of this ordinance, not open to the general public, located in close proximity to a beach and providing recreational and social activities, including food service, to members. Building Coverage - The percentage of a lot covered by principal and accessory buildings or structures. For the purposes of this section, this definition does not include uncovered swimming pools and tennis courts, and decks not exceeding 100 square feet or 10 feet in length. Building Height – The vertical distance from the grade plane to the highest point of a gable, hip or gambrel roof and the highest point of the coping of a flat roof. These height limitations shall not apply to chimneys, flagpoles or other similar appurtenances as approved by the Building Commissioner. Common Driveway – A form of access which is not a street but extends from a street and provides common vehicular access to more than one (1) lot. For the purposes of calculating Lot Coverage, the common driveway’s Impervious Surfaces shall be equally allocated among the lots served and/or benefited by the common driveway in proportion to the sizes of the lots. Conference Center – A non-profit religious and educational use legally in existence at the time of the adoption of this section comprised of guest houses and cottages, single family residences, recreational areas, lodging for guests, meeting spaces, and summer recreational opportunities. Cottage Colony – A group of three or more detached dwellings, under one ownership, legally in existence at the time of the adoption of this section located on a single lot, which are customarily rented out to the transient public by day, week, month, or season and occupied on a seasonal basis only. Cottage colonies shall not be used year round. Cottage colony structures shall not exceed one and one-half stories and 800 s.f. GFA. Elevated Structure - A structure elevated for the purpose of Barnstable Code, Section 240-34, Flood Area provisions whose lowest structural member is 1’ above BFE in A zones and 2’ above BFE in V zones. FEMA – Federal Emergency Management Agency. FEMA Flood Zones - Geographic areas susceptible to inundation by water that FEMA has mapped according to varying levels of flood risk, as defined and delineated on a community’s Flood Insurance Rate Map as may be amended from time to time. FIRM – Flood Insurance Rate Map. Grade – The referenced plane of the average of all finished ground levels adjoining the building or structure for a distance of 6 feet from all exterior walls. Retaining walls for mounded septic systems mandated by the Board of Health are not included in the calculation of grade. Gross Floor Area – The sum of all floor areas within a building or structure, measured from the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. It shall include all areas capable of being used for human occupancy, including all basement floor areas, mezzanine and attic space and enclosed porches. Half Story – That space above the plate line but below the ridgeline in an area commonly called the “attic space”, provided that the gross floor area of the half story shall not exceed 66% of the gross floor area immediately below the half story. Impervious Surface A surface which prevents the penetration of precipitation or other liquids into the ground, including roofs, concrete, asphalt, sidewalks, etc. Any area designed

for vehicle use or vehicle parking covered with porous pavers, which may become impervious over time may, at the discretion of the Building Commissioner be considered impervious surface. Lot Area – For the purpose of determining Maximum Building Coverage and Maximum Lot Coverage Allowances the lot area for legally created lots that are vacant or developed and/or improved as of November 6, 2009 shall be the horizontal area of the lot defined by metes and bounds. All of the lot area used for zoning compliance shall be land other than that under water nine (9) months or more in a normal year. Lot Coverage - The percentage of a lot covered by Impervious Surfaces. For the purposes of this section, paved driveways and parking areas, principal and accessory structures, and other on-site amenities that render any portion of a lot impervious shall be included in the definition of lot coverage. Non-Profit Educational Use – An educational use conducted by a not for profit corporation whose articles of incorporation permit it to engage educational activities and “educational purposes” as its principal permitted use within the meaning of Massachusetts General Laws, Chapter 40A, sec. 3, including but not limited to libraries and museums. Open Foundation: A pile or column foundation designed for structures in flood zones that minimizes the foundation area subject to lateral flood loads. Open foundations are intended to prevent flotation, collapse, and lateral movement of a building during a flood-event. Religious Institution – An institution engaged in “religious purposes” within the meaning of Massachusetts General Laws, Chapter 40A, Section 3. Seasonal Use – A use carried on for only a part of the year. Typical seasonal uses are outdoor recreational activities such as swimming and boating both motorized and non-motorized; impermanent use of cottages, motels, hotels, letting of rooms in a residential structure and letting an entire residential structure. Seasonal Use Structure – Any structure designed or used as temporary seasonal living quarters that is not used as a primary, permanent residence. Seasonal use structures may have heat and other amenities but do not deposit wastewater into wastewater treatment systems on a regular year round basis and do not withdraw water for consumption or other activities on a regular year round basis. Single Family Residence - A detached residential building designed for and occupied by a single family. Small-Scale Food Service – An establishment legally in existence at the time of the adoption of this section where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to formula business limitations as described herein. These uses are intended to increase pedestrian activity. Special Permit Granting Authority (SPGA) - The Zoning Board of Appeals shall be the special permit granting authority within the Craigville Beach District. Story - The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Structure- Anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, sheds, swimming pools and towers, but shall exclude fences of 6 feet or less in height and flag poles. Upland – All lands not defined herein as wetlands. V (Velocity) Zone—The area extending from mean low water to the inland limit 100 year floodplain supporting waves greater than three (3) feet in height. V-zones are mapped on the FEMA FIRM.

Wetland – The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune, or other shifting sand formation.

Section 240-131.4 Craigville Beach District Use Regulations Municipal uses are exempt from these regulations. Principal Permitted Uses. See 240-131.7 (Neighborhood Overlay Regulations) herein.

A. Use Limitations (1.)Any use not expressly allowed herein is prohibited. (2.)The conversion of any building or structure from seasonal use to year round

use is prohibited, except that Single Family Residences are not subject to this use limitation. The conversion of a building, or buildings, constituting a cottage colony, hotel, inn or rooming house, or of a facility required to be licensed as a recreational camp, overnight camp or cabin, or motel under S. 32A to I of Chapter 140 of the General Laws, to condominium-type ownership, shall be deemed to be a change in use from seasonal to year-round use, and is prohibited.

(3.)Permitted business and retail uses shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (“Formula”) array of services and/or merchandise, trademark, logo, service mark, symbol, décor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than fourteen (14) other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

B. Exempt Uses (1.) Religious institutions, accessory day care centers, and Non-Profit Educational

uses are permitted as exempt uses within the Craigville Beach District. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the Craigville Beach District as set forth in Sections 240-131.1 Purposes and Intent, § 240-131.5 Dimensional, Bulk and Other Regulations, § 240-131.7 Neighborhood Overlay Regulations including General Performance Standards and applicable Neighborhood Performance Standards

(2.) Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use, provided however that the relief granted will not create a public safety hazard along adjacent roadways and will not adversely impact natural resources or create a nuisance or adverse impacts to other surrounding properties. A modification permit shall be subject to the same procedural requirements as a special permit except that approval of a modification permit shall require a simple majority of the members of the Board.

C. Continuation. Any lawfully established lot, structure or use existing at the time of the adoption of this section that does not conform to the provisions of the CBD shall be allowed to continue.

D. Change, Expansion or Alteration of Uses and Structures Existing conforming or non-conforming uses and structures lawfully existing at the time of the adoption of this ordinance may continue subject to the following:

(1) As of right a) The normal and customary repair and maintenance of a building or

structure and the conversion of existing floor area to habitable space is permitted as of right.

b) The alteration and expansion of a building or structure is permitted as of right provided that the alteration or expansion shall conform to following criteria:

1. Conforms to applicable height requirements of § 240-131.5. 2. Does not exceed the Coverage Limitations set forth in § 240-131.6 3. Complies with applicable General and Neighborhood Performance

Standards. (2) By Special Permit

(a) The alteration or expansion of an existing conforming or non-conforming lawfully established building or structure that does not qualify under the “as of right” provisions above shall be permitted only by a special permit from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations and/or expansions:


[2.] Comply with Section 240-131.1 Purposes and Intent and with the Performance Standards for the Neighborhood Overlay area in which the development is located, in accordance with Section 240-131.7 Neighborhood District Overlay Regulations with the exception of the dimensional requirements of Section 240-131.7 D (1);

[3.] Do not exceed 25% of the Gross Floor Area of structures in existence as of July 1, 1989 or 10% of the Gross Floor Area of structures in existence as of November 6, 2009.

[4.] Do not increase Lot Coverage over what is allowed under § 240-131.6 Coverage Limitations or by more than 10% over what was existing on November 6, 2009, whichever is greater.

[5.] Do not increase flood hazards in the neighborhood. [6.] Maintain or enhance views to Nantucket Sound and/or the Centerville

River where applicable in accordance with Section 240-131.5, note 4; [7.] In V-zones does not increase south facing building surfaces so as to

limit the adverse effect of increasing elevation or velocity of flood waters due to a change in flowage characteristics on the subject site, adjacent properties, or any public or private way.

E. Special Permit for Dimensional Relief


(1) Is consistent with § 240-131.I Purposes and Intent;

(2) Is consistent with the Performance Standards for the neighborhood district where the development is located in accordance with Section 240-131.7 Neighborhood Overlay Regulations; and

(3) The applicant demonstrates undue hardship without desired relief.

F. Re-establishment of damaged or destroyed use, building or structure. (1.)The re-establishment of a lawfully established conforming or non-

conforming use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met: a. The reconstruction or repair will not materially increase the gross floor

area or height of the building or structure beyond that which previously existed, nor materially increase the footprint of the structure; or materially change the grade other than grades required for installation or upgrade of onsite septic systems; except that buildings in the flood plain that existed prior to November 6, 2009 may be elevated 2 feet above BFE or as required by the applicable law regardless of the resulting building height provided the building complied with building height regulations at the time of its construction.

b. If the building’s location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations and with performance standards regarding building orientation.

c. The reconstruction or repair will not constitute an expansion or intensification of any use.

d. In the case of any use in which it would otherwise be required, the site plan review process has been followed.

e. Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction the design guidelines in this chapter do not apply. If the structure is in the floodplain, any design or architectural changes associated solely with flood-proofing the reconstructed structure shall not require compliance with the design guidelines.

(2.)Any previously established use or structure which no longer complies with the provisions of the CBD shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.

G. Voluntary Demolition and Reconstruction of Single Family Residences: Lawfully established Single Family Residences may be demolished and reconstructed in accordance with §240-131.4 G. This provision shall not be construed to supersede local, state or federal regulations pertaining to the demolition of historic structures. 240-131.5 Dimensional, Bulk, and Other Requirements: The following requirements apply to all development and redevelopment in the Craigville Beach Zoning District. Neighborhood Overlays

Craigville Village

Craigville Beach

Long Beach/Short Beach


Requirements For all legally created vacant lots the frontage and area in existence as of November 6, 2009 and/or legally developed lots that were in existence as of November 6, 2009 and conformed to the existing zoning when legally created, the existing lot area, lot frontage, front, side and rear setbacks and building height dimensions may be used in lieu of the following dimensional requirements.


87, 120

87, 120

87,120

87,120


75 100 125 125


15 20 20 20

Min. Side Yard Setback (feet)4

10 15 154

15


10 15 15 15

Maximum Building Height1,2,3

30 26 30 30

Maximum number of stories3

2 2 2 2

Maximum Building Coverage




Dimensional table notes:

(1.)Maximum Building Height allowances vary depending upon the roof pitch of the structure, with gable roofs having a slope of 7/12 or greater allowed the maximum building height, hip and other sloped roofs with a slope of 4/12 or greater are allowed 5 feet less than the maximum building height, and flat roofs prohibited except on one-story additions totaling less than 300 square feet per parcel.

(2.)Buildings in the flood plain that existed prior to November 6, 2009 may be elevated 2 feet above BFE or as required by the applicable law provided the building complied with building height regulations at the time of its construction.

(3.)The second story must be set back at least 2 feet from the façade line of the floor below on two of the building’s facades and the second story floor area shall not exceed 80% area of floor area immediately below it.

(4.)In the Long Beach/Short Beach Neighborhood, to preserve and enhance views of Craigville Beach and the Centerville River, a view corridor shall be preserved using 20 feet of either side setback or, where side yard setbacks are less than 20 feet, the greater of either side yard setback existing on November 6, 2009. The view corridor shall remain free of view obstructing buildings, structures, site improvements or landscaping other than low growing plant material or existing natural vegetation for the entire depth of the property from the street to the river or beach.


Lot Size Maximum Building Coverage (footprint) Allowance

Maximum Lot Coverage Allowance

1,300-4,999 s.f. 1,100 s.f. plus 10.8% of lot area over 1,300 s.f.

50%

5,000-7,499 1,500 s.f. plus 6% of lot area over 5,000 50%, but no more than 3,200 s.f.

7,500-9,999 1,650 s.f. plus 6% of lot area over 7,500 3,200 s.f. 10,000-14,999 1,800 s.f. plus 4% of lot area over 10,000 3,300 s.f. 15,000-19,999 2,000 s.f. plus 6% of lot area over 15,000 3,400 s.f. 20,000-34,999 2,300 s.f. plus 4% of lot area over 20,000 3,600 s.f. 35,000-44,999 2,900 s.f. plus 4% of lot area over 35,000 3,600 s.f. or 10%,


45,000 and above 3,300 s.f. plus 3% of lot area over 45,000 10% Section 240-131.7 Neighborhood Overlay Regulations A. Purpose: The Neighborhood Overlay regulations establish uses, dimensional requirements and design guidelines to preserve the distinctive character; allow continued use and enjoyment of properties and structures; make provisions for changes, expansions; protect and preserve scenic views and vistas; protect and improve natural resources; and to limit damage from periodic flood events for each neighborhood within the Craigville Beach District. B. Historic and Community Character. These regulations will ensure that development and redevelopment in the CBD contributes to and does not detract from the historic character of the Craigville Beach area; that any proposed additions to historic structures shall be consistent with the historic structure and shall be consistent with the character of the surrounding neighborhood, including elements such as building height, mass and orientation; and preserves views and ways to the water from public spaces, streets and ways.C. Applicability: Development and redevelopment shall be subject to the following additional requirements and regulations based upon the applicable Neighborhood Overlay. D. General Performance Standards


2) The development complies with the height limitations set forth herein. 3) Exposed foundation walls for raised septic systems and/or elevated structures

are prohibited; foundation walls shall be screened through the use of foundation plantings and/or the use of other natural materials.



E. Long Beach/Short Beach Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the performance standards listed below. (a.) Single Family Residence (2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131-7 C. (3) Neighborhood Performance Standards All development and redevelopment shall meet the following standards:

(a.)No land area shown as V-zone shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zones which might increase the potential for flood damage shall be prohibited. This provision shall not be construed to include duly permitted docks and piers.

(b.)Any activity or development in a V-zone that creates an adverse effect by increasing elevation or velocity of flood waters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. Any proposed activity shall not result in flood damage due to filling which causes lateral displacement of flood waters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rest with the applicant and shall require certification by a professional engineer.


(d.)Transitional Provision Any development that has obtained a hardship approval from the Cape Cod Commission for a building permit prior to the effective date of this section shall not be subject to these regulations for the development authorized by said hardship exemption.

F. Craigville Beach Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Craigville Beach Neighborhood Overlay area subject to the performance standards listed below.

(a.)Single Family Residence (b.)Small-scale food service (c.) Beach club (d.)Cottage colony (e.)Hotel or motel in existence as of July 16, 2008 that is lawfully established

(2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Craigville Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131-7 C.

(3) Neighborhood Performance Standards: All development and redevelopment shall meet the following standards:

(a.)No land area shown as V-zone shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zones which might increase the potential for flood damage shall be prohibited.

(b.)Any activity or development in a V-zone that creates an adverse effect by increasing elevation or velocity of flood waters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. A proposed activity shall not result in flood damage due to filling which causes lateral displacement of flood waters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rest with the applicant and shall require certification by a professional engineer.


(4) Beach Club Design Guidelines Purpose: To maintain public views to the water and to maintain the neighborhood’s existing character with small scale building masses and natural or traditional building materials. (a.)Building Height and Massing: New construction on Beach Club properties

shall have modest massings to relate to the small scale of most structures in the beachfront neighborhood. Any structure with a footprint of 3000 square feet or more shall incorporate significant changes in massing to break up the facade, and should integrate one-story massings into the design to relate the building to the surrounding smaller structures.

(b.)Building Orientation: Buildings shall be oriented with the narrow end facing the street and the water to maximize public views of the water across the site. New buildings or complexes should not extend over more than 150 feet of the lot frontage, and efforts should be made to limit the expansion of existing buildings.

(c.) Maintaining Views to Water: Multiple buildings on one lot should be clustered close together to limit obstructed views of the water, or shall be separated from each other by 100 feet or more of road frontage to allow broad unobstructed views across the lot to the water.

(d.)Fences: Fences shall be of open construction and low profile (such as split rail and low picket fencing) to maintain public views to the water. Fences over 3 feet in height should be limited to screening loading and delivery areas adjacent to buildings, or modest trash collection areas. Screening fences should not extend farther than necessary beyond the building footprint to maintain public views.

(e.)Building Materials: Exterior building materials shall be those traditionally used in the region or other naturally weathering materials, such as wood shingle, wood clapboard, or board and batten siding.

G. Centerville River North Bank Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Centerville River North Bank Neighborhood Overlay area subject to the performance standards listed below.

(a.) Single Family Residence (2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Centerville River North Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131.7 C. (3) Neighborhood Performance Standards: All development and redevelopment

shall meet the following standards: (a.)Tree removal or vista pruning shall not interrupt the treeline as viewed from the

south looking northward to the treeline. (b.)No land area designated as V-zone of the FIRM maps shall be developed

unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. Any man-made alteration of sand dunes in the course of such development within said designated V zone which might increase the potential for flood damage shall be prohibited. This provision shall not be construed to include duly permitted docks and piers.


(d.)Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member 2’ above the BFE in V zones and 1 foot above BFE in A zones. For all new construction and substantial improvements within the V zones, the space below the lowest floor must either be free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.

H. Craigville Village Neighborhood (1) Permitted Principal Uses: The following principal uses are permitted in the Craigville Village Neighborhood Overlay area subject to the performance standards listed below.

(a) Single Family Residence (b) Conference Center

(2) Permitted Accessory Uses: Customary and incidental uses and structures are permitted in the Craigville Village Neighborhood Overlay area subject to the use limitations and performance standards listed in 240-131.7 C.

(3) Neighborhood Performance Standards: All development and redevelopment shall meet the following Design Guidelines: Purpose: Most buildings in the Craigville Village Neighborhood date from the late 1800s and early 1900s when the neighborhood developed as a Christian Camp Meeting Association. The neighborhood is still defined by its historic structures and their configuration around a central green, small street grid, and communal paths.

(a.)Objectives: (1.)To preserve the character-defining features of the original camp meeting

neighborhood including its small lots, modest scale structures, and orientation of buildings to public areas.

(2.)To ensure that additions and alterations to structures are compatible with the existing scale and character of the building and preserve the original massing and unique architectural features of its historic buildings.

(b.)Application: The design guidelines set forth herein do not apply to structures in existence as of the date of the adoption of this section, but shall apply to all new development, to any additions to existing structures, and to all reconstruction projects except as provided for in Section 240-131 (G)(1)(e).

(c.) Building Design. The guidelines shall apply to construction of new structures and expansions and alterations of existing structures.

(1.)Preserve the original massing of historic structures (pre-1945): (2.)Additions should be attached to secondary or less prominent facades of the

building (the side or rear facades), and should be stepped back from the front and rear corners of the building so as to preserve the original massing of the structure, including its roof form.

(3.)Work with modest massings: Additions should be scaled to be consistent with or smaller than the size of the original historic structure, following the neighborhood tradition of expanding small cottages incrementally with modest additions. Additions should generally have a lower roofline than the original structure to maintain the prominence of the original building, though some additions may be slightly taller than the original structure if attached to the original structure with a smaller connecting mass.

(4.)Roof forms: The roof pitch on new construction and additions should complement the roof pitch of the original historic structure and should maintain a pitch of at least 6 over 12.

(5.)Retain Original Architectural Details and Unique Forms: Additions should be placed so as to limit the removal of distinctive architectural trim and features that are unique to the building. Additions and alterations should not interfere with character-defining features such as open porches, steeply pitched roof forms, unique windows, and carpenter gothic trim along eaves and entries. Siding materials used on the original structure should be retained, though other regional siding materials may be appropriate on additions.

Section 240-131.8 Additional Provisions A. Other regulations The following provisions of the Barnstable Code are hereby incorporated into this regulation: § 240-7 Application of District Regulations; § 240-9.C & D; § 240-10 Prohibited Uses; § 240-34 Flood Area Provisions; § 240-43 Accessory Uses; § 240-46.A & B Home Occupations; Article VI Off Street Parking Sections 240-52, 240-53.B through F as delimited only in the

Craigville Beach neighborhood; and Sign Regulations § 240-59 through 63; Article XI Growth Management Sections 240-110 through 122; Article IX Site Plan Review; Article XII Administration and Enforcement § 240-123 – 240-124; and § 240-125 C Special Permit Provisions as these provisions of the Barnstable Code cited in this section may be amended from time to time B. Conflicts Unless otherwise stated, the requirements of the Craigville Beach District shall apply to uses and structures within the Craigville Beach District. In the event of a conflict, these regulations shall apply. C. Severability The provisions of this chapter are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this chapter. If any court of competent jurisdiction shall invalidate the application of any provision of this chapter to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town. Section 3 For the purposes of the Cape Cod Commission Act, the implementing regulations shall be deemed incorporated into the Zoning Ordinances of the Town of Barnstable upon the approval by the Cape Cod Commission. Section 4 Amend the Town of Barnstable Zoning Ordinance § 240-5 Establishment of Districts by adding the CBD - Centerville Beach District to the list of Residential Districts VOTE: Roll Call – 8 yes 4 no (No votes: Crocker, Farnham, Munafo & Norman) The Vice President announced that it fails to carry. President Chirigotis returned to chairing the meeting. He announced at the last meeting items 2011-01, 02, 03, 04 were not read into the record – they were all as a unit passed to this meeting for their first action. They will be read as a first reading. Asst. Manager returned. 2011-001 ACCEPTANCE OF A $400 GRANT FOR THE BARNSTABLE YOUTH SERVICES DIVISION INTRO: 07/15/10, 08/05/10 Lynne Poyant, Director of Community Services, gave the rationale as written in the agenda. Upon motion duly made and seconded it was RESOLVED: That the Town of Barnstable hereby accepts a grant of $400 to the Barnstable Youth Services Division from the Cape Youth Force, a program of the Cape & Islands Youth Congress, the Cape Cod Foundation, Barnstable County UMASS Extension/4H, and YMCA/Cape Cod to cover speaker costs for the Barnstable Youth Education and Support (YES) Group. VOTE: 13 yes - unanimous 2011-002 ACCEPTANCE OF THREE LIFEGUARD TOWER CANOPIES, SUNSCREEN & DISPENSERS INTRO: 07/15/10, 08/05/10

Lynne Poyant explained about Glenna Kohl, who was a lifeguard for the Town of Barnstable, who died of cancer. She spoke of many activities that support this cause. The organization wanted to give back to the town. A motion was made, seconded and voted to move the question. VOTE: 13 Yes Upon motion duly made and seconded RESOLVED, That the Town Council does hereby accept a gift of three lifeguard tower canopies for Dowses Beach, sunscreen and sunscreen dispensers for Dowses and Craigville Beaches with a total value of approximately $5,500, from the Glenna Kohl Fund for Hope to be used by the Barnstable Recreation Division. VOTE: 13 yes - unanimous 2011-003 AMEND GENERAL ORDINANCES, CHAPTER 177 SANDY NECK BEACH INTRO: 07/15/10, 08/05/10 Upon motion duly made and seconded it was voted to refer this item to Sept. 2, 2010 for a public hearing. V

OTE: 13 yes - unanimous 2011-004 AMEND GENERAL ORDINANCE. C. 228, VEHICLE STORAGE INTRO: 07/15/10, 08/05/10 Upon motion duly made and seconded it was voted to refer this item to Sept. 2, 2010. VOTE: 13 yes – to refer Attorney Weil said this is a storage issue but has been handled as a general ordinance so it does not have to go to the planning board. B. NEW BUSINESS President Chirigotis recused himself. 2011-005 ZONING ORDINANCE CRAIGVILLE BEACH DISTRICT/DCPC AREA INTRO: 08/05/2010 Upon motion duly made and seconded it was voted to refer this item to the planning board for public hearing. VOTE: 7 no – 5 yes (Roll Call – No – Barry, Barton, Canedy, Dagwan, Joakim, Milne, Rugo) – Does not pass Councilor Rugo left the building at 9:18 p.m. 2011-006 AMENDING ZONING ORDINANCE – GROUND MOUNTED SOLAR PHOTOVOLTAIC OVERLAY DISTRICT INTRO: 08/05/2010 Upon motion duly made and seconded it was voted to refer to the planning board for public hearing. VOTE: 12 yes to refer

2011-007 AMENDING THE ADMINISTRATIVE CODE – HUMAN SERVICES COMMITTEE – INTRO: 08/05/2010 Upon motion duly made and seconded it was voted to refer this item to a second reading on Sept. 2. VOTE: 12 yes A motion to suspend the rules to act on the above motion was made and seconded. VOTE: 4 yes, 8 no – Failed. Motion and vote to refer stands.

2011-008 ACCEPTANCE OF A $3,520 CAPE COD HEALTHCARE COMMUNITY BENEFITS GRANT INTRO: 08/05/2010 Lynne Poyant gave the rationale on this item, which deals with many items including the additional paid van driver. Councilor Joakim thanked the volunteers who make these programs work. Councilor Farnham moved the question which was seconded and voted VOTE: Unanimous in favor. Upon motion duly made and seconded it was RESOLVED, That the Town of Barnstable hereby accepts a grant of $3,520 from Cape Cod Healthcare Community Benefits to support an additional paid van driver for the Barnstable Senior Center Silver Express transportation program. VOTE: 12 yes

2011-009 APPROPRIATION - $46,600 CP FUND RESERVE SET-ASIDES FOR OPEN SPACE INTRO: 08/05/2010 Upon motion duly made and seconded it was voted to refer this item to a public hearing on September 2, 2010. VOTE: 12 yes

2011-010 AMEND ZONING ORDINANCE CHAPTER 240, ARTICLE V FAMILY APARTMENTS INTRO: 08/05/2010 Upon motion duly made and seconded it was voted to refer this item to the planning board for a public hearing. VOTE: 12 yes TOWN MANAGER COMMUNICATIONS Manager John Klimm notified the council that we are putting together the annual report. A municipal relief bill has been passed by the state and we are reviewing it. We were asked why we have meetings so regularly on various projects such as Millway and not on Stewart’s Creek. Klimm said that DPW Director Mark Ells has met weekly with residents from Stewarts Creek.

As far as signs – he is pleased that the council corrected the record that we are looking at changing the regulations. He wants the record to show no fines were issued and one real estate sign was confiscated during the month of July. The warnings process is part of the process and 7 warnings were issued. Pres. Chirigotis thanked Councilor Milne for joining him when the visitors from Barnstaple, England were with us. The mayor, clerk and others and have invited us to England. ADJOURNMENT Upon motion duly made and seconded it was voted: TO ADJOURN. ADJOURNED: at 9:30 p.m. Respectfully submitted: Linda E. Hutchenrider, MMC/CMMC Town Clerk/Town of Barnstable

Town Council 2008

Documents

Transcript of Town Council 2008