Proof of Filing of the GIZ Application with Abutting Town Clerks

Evidence of Public Hearings C-6/CAPE COD TIMES CAPECODCLASSIFIED.COM (508) 775-6201 Tuesday, February 20, 2018 Legals Legals Legals Legals

NOTICE OF PUBLIC HEARING MORTGAGEE’S SALE OF REAL ESTATE DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE DESIGNATION FEBRUARY 26, 2018, 7:00 P.M. By virtue and in execution of the Power of Sale contained in a cer- tain mortgage given by Everett A. Skinner and Donna J. Skinner to The Town of Barnstable Planning Board will hold a public hearing Bank of America, N.A. dated May 10, 2007 and recorded with the on a revised draft of the Downtown Hyannis Growth Incentive Zone Barnstable County Registry of Deeds, in Book 22024, Page 186, as application on Monday, February 26, 2018 beginning at 7:00 p.m. at assigned by Assignment of Mortgage dated July 20, 2010 and re- Barnstable Town Hall, Hearing Room, Second Floor. corded with Barnstable County Registry of Deeds, Book 24699, Page 34, and as assigned by Assignment of Mortgage dated January 10, The Town is seeking to designate the Downtown Hyannis Growth 2013 and recorded with Barnstable County Registry of Deeds, Book Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and 27051, Page 287, and as assigned by Assignment of Mortgage dated Chapter G of the Cape Cod Commission regulations. A revised draft July 19, 2016 and recorded with Barnstable County Registry of of the proposed GIZ application is available for viewing at the Plan- Deeds, Book 29946, Page 135, of which mortgage the undersigned is ning & Development Department Offices at the 3rd Floor of Town the present holder, for breach of the conditions of said mortgage and Hall and at 200 Main Street. The Planning Board will accept public for the purpose of foreclosing the same will be sold at Public Auction testimony on the application at the hearing; or comments may be at 11:00 AM, on March 6, 2018, on the premises known as 6 Mere- submitted to the Planning Board at 200 Main Street, Hyannis. dith Drive, Falmouth, Massachusetts, the premises described in said mortgage, together with all the rights, easements, and appurtenances The Downtown Hyannis Growth Incentive Zone (GIZ) was ap- thereto, to wit: proved by the Cape Cod Commission by decision dated April 6, 2006, as authorized by Barnstable County Ordinance 2005-13, Chapter G, The land in Falmouth, Barnstable County, Massachusetts, together Growth Incentive Zone Regulations of the Cape Cod Commission with the buildings thereon, bounded and described as follows: Regulations of General Application; as extended by an Agreement to Extend Town of Barnstable Downtown Hyannis Growth Incentive SOUTHEASTERLY by Meredith Drive, as show on hereinafter men- Zone to October 6, 2017 between the Cape Cod Commission and the tioned plan, ninety (90) feet; Town of Barnstable executed on December 14, 2015 and as further extended by a second Agreement to Extend to April 4, 2018 between SOUTHWESTERLY by Lot 10, as shown on said plan, one hundred the Cape Cod Commission and the Town of Barnstable executed on nine and 09/100 (109.09) feet; October 6, 2017. 2/20/18 NORTHWESTERLY by land now or formerly of Jose Correia DeCosta and an easement to the Cape and Vineyard Electric Co., NOTICE OF PUBLIC HEARING ninety-two and 01/100 (92.01) feet; BARNSTABLE TOWN COUNCIL DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE DESIGNATION NORTHEASTERLY by Lot 12, as shown on said plan, one hundred MARCH 1, 2018, 7:00 P.M. twenty-eight and 21/100 (128.21) feet.

The Town of Barnstable Town Council will hold a public hearing on Shown as Lot 11 on plan drawn by John P. Doyle, C.E. filed on the designation of the Downtown Hyannis Growth Incentive Zone on March 29, 1972 with Barnstable County Registry of Deeds in Plan Thursday, March 1, 2018 at 7:00 p.m. at Town Hall, Second Floor Book 245, Page 1. Hearing Room, 367 Main Street, Hyannis, MA. Terms of Sale: These premises are being sold subject to any and The Town is seeking to designate the Downtown Hyannis Growth all unpaid real estate taxes, water rates, municipal charges and as- Legals Legals Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and sessments, condominium charges, expenses, costs, and assess- Chapter G of the Cape Cod Commission regulations. A revised draft ments, if applicable, federal tax liens, partition wall rights, statutes, ATTENTION Commonwealth of the proposed GIZ application is available for viewing at the Town regulations, zoning, subdivision control, or other municipal ordinan- LEGAL ADVERTISERS of Massachusetts Council Office at Town Hall. The Town Council will accept public tes- ces or bylaws respecting land use, configuration, building or appro- The Trial Court timony on the application at the hearing; or comments may be sub- val, or bylaws, statutes or ordinances regarding the presence of lead The Cape Cod Times is now ac- Probate and Family Court mitted to the Town Council Office at 367 Main Street, Hyannis. paint, asbestos or other toxic substances, sanitary codes, housing cepting legal ads via e-mail Barnstable Probate and codes, tenancy, and , to the extent that they are recorded prior to the General Help Wanted Homes for Sale Homes for Rent Family Court The Downtown Hyannis Growth Incentive Zone (GIZ) was ap- above mortgage, any easements, rights of way, restrictions, confir- [email protected] 3195 Main Street proved by the Cape Cod Commission by decision dated April 6, 2006, mation or other matters of record. CENTERVILLE: as authorized by Barnstable County Ordinance 2005-13, Chapter G, DOCK WORKERS: FT & PT PO Box 346 positions for night shifts YR-ROUND CENTERVILLE, All e-mails must be sent as a Barnstable, MA 02630 Growth Incentive Zone Regulations of the Cape Cod Commission Purchaser shall also bear all state and county deeds excise tax. The Barnstable Regulations of General Application; as extended by an Agreement to 8pm & 10pm start. Forklift 3 BR, 1 BA, heat / hot water, plain text document only... (508)375-6710 deposit of $5,000.00 is to be paid in cash or bank or certified check remodeled, storage, w/d, NOTICE OF PETITION FOR Extend Town of Barnstable Downtown Hyannis Growth Incentive at the time and place of the sale, with the balance of the purchase exp. a plus - but will train. Zone to October 6, 2017 between the Cape Cod Commission and the Benefits incl. health & life CENTERVILLE Sunny, Full Kitchen, hdwd ( .txt extension ) CHANGE OF NAME price to be paid by bank or certified check within thirty (30) days af- Striking builders contempo- Town of Barnstable executed on December 14, 2015 and as further ter the date of the sale, to be deposited in escrow with Guaetta and ins, paid vacations & 401K. floors. Credit/background Docket No. BA18C0018CA rary colonial custom millwork All ads require prepayment un- In the matter of: extended by a second Agreement to Extend to April 4, 2018 between Benson, LLC, at 73 Princeton Street, Suite 212, North Chelmsford, Contact Randy Morse at check required. Available less a billable account has been Theodore Rexford Lazu the Cape Cod Commission and the Town of Barnstable executed on Massachusetts. thru-out 4 BR, 5.5 BA, 4 FP, March 1st, No pets, approved prior to publication. Of: Dennis Port, MA October 6, 2017. Cape Cod Express 6400 sq.ft. includes a 12x24 $1750.00 per month. The deadline for all legals are 3 To all persons interested in pe- 2/20/18 In the event that the successful bidder at the foreclosure sale shall 508-291-1600 ext. 125 heated/AC sunroom, 8 acres 603-930-4012 working days prior to publication tition described: default in purchasing the within described property according to the DRIVERS, CDL-CLASS A, B& of privacy. On the Centerville at 3PM. For any further legals in- A Petition has been presented terms of this Notice of Sale and/or the terms of the Memorandum of River, this exceptional proper- quiries call (508) 862-1218 Mon- by Tessa M. Sikut on behalf of Expand your business. Expand your business. Sale executed at the time of the foreclosure, the Mortgagee reserves VAN: Haz Mat certification required - FT & PT positions ty is a must see on your tour Summer Rentals day - Friday, 8:30AM-4:30PM Theodore Rexford Lazu request- Advertise here. Get results! Advertise here. Get results! the right to sell the property by foreclosure deed to the second high- of the homes. $1,800,000 ing that: Theodore Rexford Lazu est bidder or, thereafter, to the next highest bidders, providing that available. Benefits include For your convenience, the Cape be allowed to change said bidder shall deposit with said attorney, the amount of the re- health and life insurance, Book now for best availability! Cod Times accepts Visa, his/her/their name as follows: quired deposit as set forth herein within five (5) business days after paid vacations and 401K. EAST SANDWICH BeachRealtyCapeCod.Com MasterCard, American Express & Theodore Rexford Sikut written notice of the default of the previous highest bidder. Call Patrick Cleary @ Oceanfront ~ Tucked among û 800-886-4998 û Discover. IF YOU DESIRE TO OBJECT A.C.93 COMMONWEALTH OF MASSACHUSETTS the dunes your very own pri- THERETO, YOU OR YOUR AT- Other terms, if any, are to be announced at the sale. Cape Cod Express vate beach with full access at Commonwealth of TORNEY MUST FILE A WRITTEN BARNSTABLE, SS. PROBATE COURT 800-642-7539 ext. 127 high tide. 3 BR, 2.5BA, fur- Commercial Property for Rent Massachusetts APPEARANCE IN SAID COURT Docket No. BA17E0062PP Dated: February 8, 2018 nished home on 1.7 acres. The Trial Court AT: Barnstable ON OR BEFORE Present holder of said mortgage DRIVER, WAREHOUSE AND DELIVERY: FOR BUSY PET Outstanding sunsets and BUSINESS & WAREHOUSE: Probate and Family Court TEN O’CLOCK IN THE MORNING To Joanne Crippen of Barnstable(Hyannis), Joseph M. Brito of Barnstable Probate and (10:00 A.M.) ON: 04/03/2018. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation STORE Seeking hardworking views over 45 acres of Sandy BOURNE. 500-18,000 SqFt, Barnstable (Hyannis), Peter Brito of Barnstable (Hyannis) and Sandra Neck from Plymouth to Family Court WITNESS, Hon. Arthur C Brito of Barnstable (Centerville) all in the County of Barnstable and all Trust individual for Deliveries and loading docks, 3 phase elec- 3195 Main Street Ryley, First Justice of this other persons interested. by its Attorneys warehouse position at local Provincetown. $2,375,000 tricity, office 508-563-2740 PO Box 346 Court. Guaetta and Benson, LLC busy pet supply store, Full WAREHOUSE SPACE: Barnstable, MA 02630 Date: February 15, 2018 A petition has been presented to said Court by James M. Brito of Peter V. Guaetta, Esquire time and great pay for right HYANNIS (508)375-6710 ANASTASIA WELSH PERRINO P.O. Box 519 A Speciality With Us. Wareham in the County of Plymouth representing that they hold ten- individual, lifting up to 50lbs Main Street, former doctor’s Chamberlain R.E. 394-4134 CITATION ON PETITION FOR Register of Probate ants in common an undivided part or share of certain land lying in Chelmsford, MA 01824 is a must. PLEASE EMAIL: office, town sewer, 17 rooms, FORMAL ADJUDICATION 2/20/18 Barnstable (Hyannis) in said County, and briefly described as follows: 2/13, 2/20, 2/27/18 Docket No. BA18P0158EA [email protected] near hospital. MORTGAGEE’S NOTICE OF SALE OF REAL ESTATE Call for new price. Estate of: Diane Marie Manos PUBLIC NOTICE The land, together with the buildings thereon, situated in Wanted to Rent Also known as: In accordance with the Oil Pol- Barnstable (Hyannis) Barnstable County, Massachusetts, more par- FENCE INSTALLER By virtue and in execution of the Power of Sale contained in a cer- Diane Manos lution Act of 1990 (33 USC ticularly described as follows: tain mortgage given by Darlene S. Flood to Mortgage Electronic Sys- Company with great core RETIRED COUPLE, 2 beloved Date of Death: 2714(c)), Patriot Marine LLC, being shown as lots 1 and 2 on a plan of land entitled "Plan of Land tems, Inc. ("MERS"), as nominee for First Magnus Financial Corpora- dogs, seek yr. round home, 12/27/2017 owner and operator of the Tug in (Hyannis), Barnstable, Mass., prepared for Joseph M. & Dorothy group looking to add tion dated August 14, 2003, and recorded with the Barnstable County Cape home. Good tenants, To all interested persons: OCEAN KING, has voluntarily ac- M. Brito, Scale 1"=20’, January 17, 1989," which said plan is record- a full time employee. Registry of Deeds in Book 17495, Page 198, which mortgage was as- 8.5 years at current Cape A Petition for Formal Probate cepted responsibility for an acci- ed with the Barnstable County Registry of Deeds in Plan Book 457, signed to 401K and Insurance. of Will with Appointment of Per- dental discharge of bilge water Page 46. home. 508-364-2607 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans sonal Representative has been and oil into the Great Harbor on The property is conveyed subject to and together with the. benefit 508-778-6648 Servicing, LP by Assignment dated October 8, 2009, recorded in Call 508-398-6041 filed by Toula P Porter of or about January 21, 2018. of all rights, rights of way, reservations, restrictions and easements Book 24407, Page 298; further assigned to Wilmington Savings Fund Harwich MA requesting that the Claims for certain uncompensat- of record, insofar as the same are in force and applicable. Power Boats Society, FSB, as Trustee for Stanwich Mortgage Loan Trust A by As- Court enter a formal Decree and ed damages and removal costs Property address: 676-688 Yarmouth Road Hyannis, MA 02601 COTUIT FIRE DISTRICT Order and for such other relief as may be submitted to Patriot Ma- signment dated January 3, 2017, recorded in Book 30376, Page 277; and further assigned to Wilmington Savings Fund Society, FSB d/b/a Accountant / 21’ PARKER SE: CC, 150HP requested in the Petition. rine LLC. PARCEL I: The Petitioner requests that: Removal costs and damages Christiana Trust as Owner Trustee of the Residential Credit Opportu- Assistant Treasurer Yamaha 4 stroke, less than nities Trust III by Assignment dated February 13, 2017, recorded in 300hrs on engine. Pristine Toula P Porter of Harwich, MA which may be compensated in- That certain parcel of land situated off from Yarmouth Road, so- FAIR HOUSING NOTICE Book 30340, Page 109, of which mortgage the undersigned is the The Cotuit Fire District seeks be appointed as Personal clude removal costs performed called, a town way, in that part of the Town and County of All Real Estate & Rental Ad- cond. Incls trailer, all acces- present holder, for breach of the conditions of said mortgage and for Representative(s) of said estate in accordance with the National Barnstable, Massachusetts, known as Hyannis, and being shown on qualified applicants for the vertising in this newspaper is sories. $25K- 508-258-5043 the purpose of foreclosing the same will be sold at Public Auction at to serve Without Surety on the Contingency Plan; damage to a plan entitled "Plan of Land of Hyannis - Barnstable - Mass., suveyed P/T position of Accountant / subject to the Federal Fair 11:00 a.m. on the 16th day of March, 2018, at the mortgaged prem- 20’ WELLCRAFT: 1977 CC bond in an unsupervised admin- natural resources; damage to or for Joseph Brito, May 27, 1953, Bearse & Kellogg, Civil Engineers, Assistant Treasurer reporting ises described below, being known as 27 Crestview Drive, East Sand- Housing Act of 1968. The istration. loss of real or personal property; Centerville" , which said plan is filed in the Registry of Deeds for to the District Treasurer. The loss of subsistence use of natu- wich, Massachusetts, all and singular the premises described in said Massachusetts Anti- IMPORTANT NOTICE Barnstable County in Plan Book 112, Page 109 and said lot is more successful candidate must Discrimination Act & the Bos- You have the right to obtain a ral resources; loss of govern- mortgage, to wit: particularly bounded and described according to said plan as follows: have the organizational skills ton & Cambridge Fair Hous- copy of the Petition from the ment revenues; loss of profits Beginning at the Southwesterly corner of the parcel to be conveyed The land in Sandwich (East), Barnstable County, Massachusetts, to prioritize work and inter- ing Ordinances which makes Petitioner or at the Court. You and earnings capacity; and in- at a point Fifty and 68/100 (50.68) feet distant Southeasterly from have a right to object to this pro- creased cost of public services. bounded and described as follows: face with elected officials, de- it illegal to advertise any pref- the Southeasterly sideline of Yarmouth Road, at other land of the partment heads and the pub- ceeding. To do so, you or your All claims must be submitted grantor, as shown on the plan; erence, limitation or discrimi- NORTHWESTERLY by Crestview Drive, one hundred thirty- attorney must file a written ap- in writing, signed by the claim- thence North 14 degrees 39’ 10" East by other land of grantee, For- lic while adhering to Massa- nation based on race, color, eight and 29/100 (138.29) feet; pearance and objection at this ant, for a specified amount; and ty Eight and 31/100 (48.31) feet to a point for a corner; chusetts General Laws and religion, sex, handicap, fami- NORTHEASTERLY by a portion of Lot 36, one hundred fifty- Court before: 10:00 a.m. on the should include supporting docu- thence turning and running South 76 degrees 32’ 20" East by other District By-laws. Responsibili- lial status (incl. children and four and 64/100 (154.64) feet; return day of 03/06/2018. mentation. Claims presented land of the grantee Forty (40) feet to a point for a corner; ties include weekly payroll SOUTHEASTERLY by a portion of Lot 20, one hundred pregnancy), national origin, FF, canvas w/ trailer $1500; This is NOT a hearing date, but may include claims for interim thence turning and running South 23 degrees 46’ 55" West by oth- and accounts payable proc- twenty-one and 85/100 (121.85) feet; and ancestry, age, marital status, a deadline by which you must file short-term damages represent- er land of the grantee Fifty-Eight (58) feet to a point for a corner ad- 2003 200 HP Mercury OB SOUTHWESTERLY by Lot 32, one hundred fifty-three and essing and monthly recording sexual orientation, veterans a written appearance and objec- ing less than the full amount to joining parcel C as shown on the plan; and $400; Boat trailer $400 or which the claimant ultimately 77/100 (153.77) feet. of the District’s financial status, source of income tion if you object to this proceed- thence turning and running North 60 degrees 30’ 50" West by Lot transactions. A minimum of 3 B/O Call 781-799-4094. ing. If you fail to file a timely may be entitled. It should be not- C for a distance of Thirty-Two and 03/100 (32.03) feet to the first (incl. section 8) or any inten- Must sell! Containing 20,007 square feet and being shown as Lot 33 on a years experience with an au- written appearance and objection ed that payment of such a claim mentioned bound and the point of the beginning. tion to make such preference, plan entitled " ’Crestview’ Subdivision Plan of Land in East Sandwich, tomated payroll and account- followed by an affidavit of objec- shall not preclude recovery for Parcel I is conveyed subject to and with the benefit of all rights, limitation or discrimination. MA., for Old Towne Development Corp., Scale 1" = 100’, May 6, tions within thirty (30) days of damages not reflected in the paid rights of way, easements, appurtenances, reservations and restric- ing systems plus a demon- 1970, John P. Doyle, R.L.S.", and which plan is recorded with the Sail Boats the return day, action may be or settled partial claims. Claims tions of record, insofar as the same are in force and applicable. strated facility utilizing EXCEL This newspaper will not Barnstable County Registry of Deeds in Plan Book 239, Page 47. taken without further notice to should be sent to counsel for Pa- Property address: 688 Yarmouth Road, Hyannis, MA. and WORD products is re- knowingly accept any adver- you. triot Marine LLC at the following quired. A minimum of 2 years 32’ COLUMBIA: Sabre, 10 address: The Mortgagee reserves the right to postpone the sale to a later tising for real estate or rentals sails, trailer, jack stands, 4 UNSUPERVISED For title see deed recorded in Book 859, Page 90. college or the equivalent is re- which is in violation of the ADMINISTRATION UNDER Patriot Marine LLC date by public proclamation at the time and date appointed for the stroke 9.9hp, sleeps 4. Ex- sale and to further postpone at any adjourned sale date by public quired. Municipal financial ex- law. Our readers are hereby THE MASSACHUSETTS c/o Chalos & Co, P.C. Also being the same premises conveyed by Joseph M. Brito, Jr. ceptional. $5500. proclamation at the time and date appointed for the adjourned sale perience is strongly preferred. informed that all dwellings UNIFORM PROBATE CODE 55 Hamilton Ave. and Dorothy M. Brito and Joseph M. Brito and Dorothy M. Brito to û date. The Mortgagee further reserves the right to open the bidding at Compensation will be com- NAS 508-771-5135 (MUPC) Oyster Bay, NY 11771 Joseph M. Brito, Jr. and Dorothy M. Brito by deed dated December 4, advertised in this newspaper the time, date and place appointed for sale, and if no bids are re- mensurate with education and 12’ O’DAY: WIDGEN A Personal Representative Office hours are from 9:00 2008 duly recorded with said Deeds in Book 23297, Page 87. are available on an equal op- appointed under the MUPC in an a.m. to 5:00 p.m. EST, Monday ceived, or the bids received are deemed unacceptable to Mortgagee, experience. portunity basis. To complain yellow, fully equipped, to postpone the sale to a later date by public proclamation. unsupervised administration is through Friday except holidays. PARCEL II: of discrimination call the Fair sails included. Trailer. not required to file an inventory Claimants may contact George Please provide a resume and Mahogany trim. $750. Said premises will be sold subject to and with the benefit of all re- Housing Center of Greater or annual accounts with the Chalos at (516) 714-4300 for in- These two (2) certain lots or parcels of land situated off from Yar- letter of interest by March 2, NAS û 508-771-5135 strictions, easements, improvements, outstanding tax titles, mort- Boston at 617-399-0491 or Court. Persons interested in the formation. mouth Road, so-called, a town way, in the part of the Town and 2018 to: District Treasurer gages, association liens, rights of tenants and parties in possession, HUD toll-free at 1-800-669- estate are entitled to notice re- Any claims which are denied County of Barnstable, Massachusetts, known as Hyannis, and being or which are not resolved within unpaid taxes, municipal liens and other public taxes, assessments or Cotuit Fire District 9777 or the N.E. are HUD at garding the administration di- shown and delineated on a plan entitled "Plan of Land in Hyannis - P.O. Box 1475 Miscellaneous Boating rectly from the Personal Repre- 90 days after the date of submis- liens, having priority over the mortgage described herein, if any. 617-994-8335. The toll-free Barnstable - Mass., owned by Joaquim Rosary, March 12, 1953; Cotuit, MA 02635 sentative and may petition the sion to our claims representative Bearse & Kellogg, Civil Engineers, Centerville", which said plan is du- number for the hearing im- In the event that the successful bidder at the foreclosure sale shall Court in any matter relating to may be submitted to: ly filed in the Registry of Deeds for Barnstable County and said two paired is 1-800-927-9275 BOAT TRAILERS: All Sizes. default in purchasing the within described property according to the the estate, including the distribu- Director (2) lots,or parcels are together more particularly bounded and descri- 10’- 32’. Boat Brokerage Inc. terms of this Notice of Sale and/or the terms of the Memorandum of OSTERVILLE: Oyster Hills tion of assets and expenses of National Pollution Funds bed as follows: Healthcare Help Wanted 10 Echo Rd, Mashpee Sale executed at the time of the foreclosure, the Mortgagee reserves Broker Only Open House administration. Center (Ca) Beginning at the Southwesterly corner of the parcel to be conveyed 617-640-2354ù508-539-7930 the right to sell the property by Foreclosure Deed to the second high- 3 br, 2.5 baths, $630,000 WITNESS, Hon. Arthur C US COAST GUARD STOP 7605 adjoining the Northwesterly corner of the other land of Joaquim Ro- est bidder provided that the second highest bidder shall deposit with PCA: Happy house. Move in ready. DINGHY: Ryley, First Justice of this 2703 MARTIN LUTHER KING sary, and the Southeasterly corner of the other land of Joseph M. Mortgagee’s attorneys the amount of the required deposit as set No experience needed. Rowing and sailing, 12 feet Court. JR AVE SE Brito; DEADLINEPDF0- Home will be open for realtor forth herein within three (3) business days after written notice of de- Falmouth. (508) 495-3445 Date: February 06, 2018 WASHINGTON, DC 20593- thence North 14 degrees 39’ 10" East by the other land of Joseph preview Wednesday long. Open to offers over or fault of the previous highest bidder and title shall be conveyed to said ANASTASIA WELSH PERRINO 7605 M. Brito and land of Joseph M. Brito, Jr. for a total distance of One PCA: To care for 58 year old 2/21/2018 from noon-2PM around $1100. second highest bidder within twenty (20) days of said written notice. Register of Probate 2/15,2/16,2/17,2/18,2/19,2/20, Hundred Fifty and 02/100 (150.02) feet to a point for a corner; woman Sat & Sun 9am-6pm (561)718-6758. 508-759-5131 TERMS OF SALE: Ten Thousand Dollars ($10,000.00) will be re- 2/20/18 2/21,2/22,2/23,2/24,2/25,2/26, thence turning and running South 76 degrees 32’ 20" East by other in Sandwich. 508-958-4578 quired to bid and be paid in cash or by certified check at the time and 2/27,2/28,3/1,3/2,3/3,3/4,3/5, land of the said Joaquim Rosary, this day to be conveyed by him to place of sale as earnest money. An additional deposit necessary to 3/6,3/7,3/8,3/9,3/10,3/11,3/12, Joseph M. Brito, Jr., et ux, there measuring One Hundred Sixteen Autos for Sale bring the total deposit to ten percent (10%) of the winning bid shall Apartments 3/13,3/14,3/15,3/16 and 72/100 (116.72) feet to the point of a corner; be paid within five (5) business days of the sale. The balance is to be Professional Help Wanted thence turning and running South 13 degrees 27’ 40" West still by VISIT US paid in cash or by certified check within thirty (30) days of the date 2003 BUICK: Regal LS, other land of said Joaquim Rosary for a total distance of One Hun- of the sale at the offices of Murphy & Lupan, P.A., 5 Commonwealth dred Fifty (150) feet to a point for a corner; and BOOKKEEPER: loaded , nice car, $3995 ONLINE AT Road, Natick, Massachusetts 01760. The description of the prem- VISIT US ONLINE AT thence turning and running North 76 degrees 32’ 20" West by said The CIWDB seeks a part #3280 Joe’s Auto Sales ises contained in said mortgage shall control in the event of any ty- other land of’ said Joaquim Rosary, One Hundred Nineteen and time bookkeeper. (508) 771-0333 pographical error in this publication. 84/100 (119.84) feet to the first mentioned bound and the point of Other terms, if any, to be announced at the time and place of sale. Knowledge of fund account- 2001 BUICK: LeSabre Ltd, beginning. ing & QuickBooks desirable. leather, vogue tires, twin Parcel II is conveyed subject to and with the benefit of all rights, Please send resumes to heat, extreme luxury with rights of way, easements, appurtenances, reservations and restric- WILMINGTON SAVINGS FUND SOCIETY, [email protected] or economy, $2,995. #51 tions of record, insofar as the same are in force and applicable. FSB, d/b/a CHRISTIANA TRUST AS OWNER TRUSTEE OF THE 426 North St Suite 9 Property address is 676 Yarmouth Road, Hyannis] MA. NAS û 508-771-5135 MORTGAGEE’S SALE OF REAL ESTATE RESIDENTIAL For title see deed recorded in Book 859, Page 88. Hyannis, MA 02601. Applica- 2006 CADILLAC: DTS, 103K CREDIT OPPORTUNITIES TRUST III tions accepted through Feb- By virtue and in execution of the Power of Sale contained in a cer- HYANNIS: 1BR $1080 & miles, black/tan, leather, FL PARCEL III: ruary 28th 2018. tain mortgage given by James Ralph Cole and Susan S. Cole to Alan Present holder of said mortgage, 2BR $1250-$1375 car, garaged, all the bells & E. Lewis dated July 28, 2010 and registered with the Barnstable û 55+ Apt complex û whistles, $6000, call George The land in Barnstable (Hyannis), Barnstable County, Massachu- County Registry District of the Land Court, in Document No. By its attorney, 508-771-2202 at (774) 323-0500. 1,145,314, and noted on Certificate of Title No. 108853, of which setts more particularly bounded and described as follows: NORTHERLY by Lot B as shown on a plan hereinafter LOOKING FOR A JOB? hyannishouseapts.com 2007 MAZDA: 3 mortgage the undersigned is the present holder, for breach of the Michael J. Murphy mentioned, 76.72 feet; conditions of said mortgage and for the purpose of foreclosing the Murphy & Lupan, P.A. 68345 mi. White, Hatch- EASTERLY by a forty-foot private way as shown on Find 100s of MASHPEE:full bsmt apt, own same will be sold at Public Auction at 10:00 AM, on March 6, 2018, 5 Commonwealth Road back, Auto. transmission, said plan, 75.00 feet; entry, large BR, very mod- on the premises known as 3 Bay View Road, Harwich, Massachu- Natick, MA 01760 4cyl., front-wheel drive, Like SOUTHERLY by land now or formerly of Joaquim Rosa- jobs at ern, full BA, living rm, mi- setts, the premises described in said mortgage, together with all the Tel: (508) 650-9252 New, 4 Goodyear Ultra Grip ry as shown on said plan, 91.21 feet; and cro., fridge, NO stove/pets, rights, easements, and appurtenances thereto, to wit: 2/20,2/27,3/6/18 Ice tires mounted + 4 WESTERLY by Lot C and by a portion of Lot B as non smoking. $1375/mo incl summer tires on rims. shown on said plan, 80.40 feet. utils. Call 561-445-6737 A certain parcel of land, with the buildings and improvements $5,500. (508) 648-1487 thereon, if any, situated at 3 Bay View Road, in the Town of Harwich, The above-described premises are a portion of the land conveyed County of Barnstable, and Commonwealth of Massachusetts being by Joaquim Rosary to Joseph M. Brito by deed dated November 13, Announcements Auctions shown as Lot A on Land Court Plan 8898A, dated April, 1922, a copy 1953 and recorded in Barnstable Registry of Deeds in Book 858, of which is filed with Barnstable County Registry District of the Land Page 88. Court with Certificate of Title No. 688. Parcel III is conveyed subject to and with the benefit of all rights, Avoiding Scam R.C. Eldred Co., Inc Said land is subject to an Order of Taking for the layout of Bay rights of way, easements, appurtenances, reservations and restric- and Fraud Attempts: ESTATE AUCTIONEERS View Road by the Town of Harwich dated March 7, 1952, filed with tions of record, insofar as the same are in force and applicable. & APPRAISERS said Registry District as Document No. 32687. Property address is 0 Yarmouth Road, Hyannis, MA. Terms of Sale: These premises are being sold subject to any and For title see deed recorded in Book 3539, Page 105. ∂ Be aware of international East Dennis, MA 02641 all unpaid real estate taxes, water rates, municipal charges and as- fraud. Deal locally 508-385-3116 MA Lic#155 sessments, condominium charges, expenses, costs, and assess- Also being the same premises conveyed by Joseph M. Brito, Jr. whenever possible. www.eldreds.com ments, if applicable, federal tax liens, partition wall rights, statutes, and Dorothy M. Brito and Joseph M. Brito and Dorothy M. Brito to regulations, zoning, subdivision control, or other municipal ordinan- Joseph M. Brito, Jr. and Dorothy M. Brito by deed dated December 4, ∂ Watch for buyers who ces or bylaws respecting land use, configuration, building or appro- 2008 duly recorded with said Deeds in Book 23297, Page 89. offermore than your asking Antiques/Collectibles val, or bylaws, statutes or ordinances regarding the presence of lead PARCEL IV: price and who ask to have paint, asbestos or other toxic substances, sanitary codes, housing CAMERA: Argus C3 known as codes, tenancy, and , to the extent that they are recorded prior to the money wired or handed above mortgage, any easements, rights of way, restrictions, confir- the land, together with the buildings thereon, situated in Barnstable back to them. Fake cashier the brick. In working order. mation or other matters of record. (Hyannis) Barnstable County, Massachusetts more particularly de- checks and money orders Over 60 years old. $40. scribed as follows: are common. Sandwich 508-888-9785. Purchaser shall also bear all state and county deeds excise tax. The being shown as Lots 1 and 2 on a plan of land entitled "Plan of land deposit of $10,000.00 is to be paid in cash or bank or certified check in (Hyannis), Barnstable, Mass., prepared for Joseph M.& Dorothy ∂ Never give out personal at the time and place of the sale, with the balance of the purchase M. Brito, Scale 1"=20’, January 17, 1989," which said plan is record- financial information. Garage/Yard Sales price to be paid by bank or certified check within thirty (30) days af- ed with the Barnstable County Registry of Deeds in Plan Book 457, ter the date of the sale, to be deposited in escrow with Guaetta and Page 46. ∂ Trust your instincts and be Benson, LLC, at 73 Princeton Street, Suite 212, North Chelmsford, The property is conveyed subject to and together with the benefit FALMOUTH, EAST: Massachusetts. of all rights, rights of way, reservations, restrictions and easements wary of someone using an February 24 & 25 10-3. of record, insofar as the same are in force and applicable. escrow service or agent to Estate Sale, Furniture, In the event that the successful bidder at the foreclosure sale shall Property address: 676-688 Yarmouth Road, Hyannis, MA 02601 pick up your merchandise Housewares, Collectibles, #LASSIlED!DVERTISING$EADLINES default in purchasing the within described property according to the For title, see deeds recorded with the Barnstable County Registry Mics. items, EVERYTHING terms of this Notice of Sale and/or the terms of the Memorandum of of Deeds in Book 668, Page 2, Book 859, Page 86, Book 859, Page MUST GO!! 44 Sady’s Lane. Sale executed at the time of the foreclosure, the Mortgagee reserves 88, Book 859, Page 90, Book 6990, Page 68, Book 6990, Page 70, Happy Ads 0UBLICATION ,INE!D $ISPLAY,EGAL the right to sell the property by foreclosure deed to the second high- and Book 23297, Page 87, Book 27972, Page 196, and Book 28789, est bidder or, thereafter, to the next highest bidders, providing that Page 340. Wanted to Buy -ONDAY &RIDAYATPM 4HURSDAYATPM setting fourth that he desires that all of said land may be sold at GOD IS JUST said bidder shall deposit with said attorney, the amount of the re- A PRAYER AWAY! quired deposit as set forth herein within five (5) business days after private sale for not less than Two Hundred Sixty Five Thousand 4UESDAY -ONDAYATPM 4HURSDAYATPM written notice of the default of the previous highest bidder. $265,000.00 and praying that partition may be made of all the land IT WORKS DOG WANTED: Good Home aforesaid according to law, and to that and that a commissioner be provided. Please call Dave at Other terms, if any, are to be announced at the sale. appointed to make such partition and be ordered to make sale and 508-237-1275 7EDNESDAY 4UESDAYATPM &RIDAYATPM conveyance of all, or any part of said land which the Court finds can- Free Stuff Dated: February 8, 2018 not be advantageously divided either at private sale or public auction, 4HURSDAY 7EDNESDAYATPM -ONDAYATPM Present holder of said mortgage and be ordered to distribute the net proceeds thereof. If you decide to object thereto you or your attorney should file a TOOLS: Free assortment of Place YOUR OWN wrenches mechanical & &RIDAY 4HURSDAYATPM 4UESDAYATPM Alan E. Lewis written appearance in said Court at Barnstable before ten o’clock in -- Classified Ad -- the forenoon on the 8th day of March 2018, the return date of this ci- woodworking tools. by its Attorneys ★ From dusk ’til dawn 3ATURDAY &RIDAYATPM 7EDNESDAYATPM Guaetta and Benson, LLC tation. Sandwich 508-888-9785. Peter V. Guaetta, Esquire Witness, Arthur C. Ryley Esq., First Justice of Said Court this 29th and all day long at ★ 3UNDAY &RIDAYATPM 7EDNESDAYATPM P.O. Box 519 day of December, 2017. Place an ad. Chelmsford, MA 01824 Anastasia Welsh Perrino, Register CLASSIFIEDS 0,%!3%./4%(OLIDAYSMAYAFFECTlNAL$EADLINE 2/13, 2/20, 2/27/18 2/6, 2/13, 2/20/18 Get some business.

Town of Barnstable Town Council 367 Main Street, Village of Hyannis, MA 02601 Office 508.862.4738 • Fax 508.862.4770 E-mail: [email protected] www.town.barnstable.ma.us

MEETING AGENDA TOWN HALL HEARING ROOM March 1, 2018 Council ors: 7:00 PM

Eric R. Steinhilber President Precinct 2

James H. Crocker Jr. 1. ROLL CALL Vice President Precinct 5 2. PLEDGE OF ALLEGIANCE

John G. Flores 3. MOMENT OF SILENCE Precinct 1

Paul Hebert 4. PUBLIC COMMENT Precinct 3 Britt Beedenbender 5. COUNCIL RESPONSE TO PUBLIC COMMENT Precinct 4 Paul Neary 6. TOWN MANAGER COMMUNICATIONS Precinct 6 Jessica Rapp Grassetti 7. ACT ON MINUTES (Including Executive Session) Precinct 7

Debra S. Dagwan 8. COMMUNICATIONS- from elected officials, boards, committees, Precinct 8 staff commission reports, correspondence and announcements James M. Tinsley Precinct 9  Barnstable Youth Commission update Matthew Levesque  YMCA Young Achievers program update Precinct 10 Philip N. Wallace Precinct 11 9. ORDERS OF THE DAY Paula Schnepp Precinct 12 A. Old Business Jennifer L. Cullum Precinct 13 B. New Business

Administrator: Cynthia A. Lovell 10. ADJOURNMENT

Administrative Assistant: Kelly Crahan NEXT REGULAR MEETING: March 15, 2018

ITEM NO. INDEX TITLE PAGE

A. OLD BUSINESS

2018-053 Amending Article V, Chapter 240, Sections 47.1 and Section 128 of the Zoning Ordinance to revise regulations for Family Apartments( May be acted upon) (Roll Call 2/3) ...... 3-6

2018-063 Appropriation and Transfer Order in the amount of $200,175 for the evaluation, design and permitting of the renovation of the Armory Building, located at 225 South Street, Hyannis (Public Hearing) (Roll Call)...... 7-8

B. NEW BUSINESS

2018-098 Appointments to a Board/Committee/Commission: Comprehensive Financial Advisory Committee: Hector Guenther, 45 Deerfield Road, Osterville, as a regular member to a term expiring 06/30/18; Council on Aging: Janice Lariviere, 11 Vista Circle, Centerville, as an associate member to a term expiring 06/30/20; Economic Development Commission: Hector Guenther, 45 Deerfield Road, Osterville, as a regular member to a term expiring 06/30/18; Paul Cusack, 35 Second Avenue, Osterville, as a regular member to a term expiring 06/30/19; Jane Eshbaugh Community Service Award Committee: Anne O’Neill Schulte, 52 Fox Run, Centerville, as a regular member to a term expiring 06/30/18; Personnel Board: David Nolan, 97 Willow Run Drive, Centerville, as a regular member to a term expiring 06/30/18; Shellfish Committee: Paul Caruso, 42 Matthew Way, Marstons Mills, as a member at large to a term expiring 06/30/19; Paul Cusack, 35 Second Avenue, Osterville, as a regular member to a term expiring 06/30/18 (First Reading ) ...... 9

2018-099 Reappointments to a Board/Committee/Commission: Renewable Energy Commission: Jan Rapp, as a regular member to a term expiring 06/30/20 (First Reading) ...... 10

2018-100 Resolve authorizing the Town Manager to submit revised Downtown Hyannis Growth Incentive Zone Application to the Cape Cod Commission (May be acted upon) ...... 11-13

2018-101 Amendments to the Administrative Code, Chapter 241, Article IV, Municipal Organization (First Reading) ...... 14-39

2018-102 Acceptance of grant in the amount of $3,000 from Cape Cod Healthcare to the Barnstable Youth Commission’s Youth Summit (May be acted upon) ...... 40-41

Approve Minutes –February 15, 2018

Please Note: The list of matters, are those reasonably anticipated by the council president, which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. It is possible that if it so votes, the Council may go into executive session. The Council may also act on items in an order other than they appear on this agenda. Persons interested are advised, that in the event any matter taken up at the meeting remains unfinished at the close of the meeting, may be put off to a continued session of this meeting, and with proper notice. Anyone requiring hearing assistance devices please inform the Town Clerk at the meeting.

Page 2 of 41

A. OLD BUSINESS (May be acted upon) (Roll Call 2/3) BARNSTABLE TOWN COUNCIL ITEM# 2018-053 INTRO: 12/21/17, 03/01/18

2018-053 AMENDING ARTICLE V, CHAPTER 240, SECTIONS 47.1 AND 128 OF THE ZONING ORDINANCE TO REVISE REGULATIONS FOR FAMILY APARTMENTS ORDERED: Section 1. That Chapter 240, Article V, Section 240-47.1 of the Zoning Ordinance, is hereby amended by striking the existing Section 240-47.1 Family apartments in its entirety and substituting in its place the following: Ҥ 240-47.1. Family apartments. The intent of this section is to allow within all residential zoning districts one temporary family apartment occupied only by the property owner or a member(s) of the property owner's family as accessory to a single-family residence to provide families the ability to live together as a family unit, but not to allow for a separate dwelling for rental purposes to non-family members. A family apartment may be permitted, provided there is compliance with all the criteria, conditions and procedural requirements herein. A. As of Right. A family apartment shall be allowed as of right provided that it complies with Section C below and satisfies the following criteria:

(1) The apartment unit shall not exceed 50% of the square footage of the existing single-family dwelling and shall be limited to no more than two bedrooms.

(2) Occupancy of the apartment shall not exceed two family members; occupancy limitations shall not apply to children ages 18 and under.

(3) The family apartment shall be located within a single-family dwelling or connected to the single-family dwelling in such a manner as to allow for internal access between the units. The apartment must comply with all applicable zoning requirements for the zoning district in which it is located.

B. By Special Permit. The Zoning Board of Appeals may allow by Special Permit, subject to the provisions of §240-125C herein, the following waivers from the requirements of Section A above: (1) A family apartment unit greater than 50% of the square footage of the dwelling. (2) A family apartment unit with more than two bedrooms. (3) Occupancy of a family apartment unit by greater than two adult family members. (4) A family apartment unit within a detached structure, with a finding that the single-family nature of the property and of the accessory nature of the detached structure are preserved

Page 3 of 41

C. Conditions and Procedural Requirements. Prior to the creation of a family apartment, the owner of the property shall make application for a building permit with the Building Commissioner providing any and all information deemed necessary to assure compliance with this section including, but not limited to, scaled plans of any proposed remodeling or addition to accommodate the apartment, signed and recorded affidavits reciting the names and family relationship among the parties, and a signed family apartment accessory use restriction document. (1) Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of occupancy shall be obtained from the Building Commissioner. No certificate of occupancy shall be issued until the Building Commissioner has made a final inspection of the apartment unit and the single-family dwelling for regulatory compliance and a copy of the family apartment accessory use restriction document recorded at the Barnstable Registry of Deeds is submitted to the Building Division.

(2) Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names and family relationship among the parties and attesting that there shall be no rental of the principal dwelling or family apartment unit to any non-family members, shall be signed and submitted to the Building Division.

(3) At no time shall the single-family dwelling or the family apartment be sublet or subleased by either the owner or family member(s). The single-family dwelling and family apartment shall only be occupied by those persons listed on the recorded affidavit, which affidavit shall be amended when a change in the family member occupying either unit occurs.

(4) When the family apartment is vacated, or upon noncompliance with any condition or representation made including but not limited to occupancy or ownership, the use as an apartment shall be terminated. All necessary permit(s) must be obtained to remove either the cooking or bathing facilities (tub or shower) from the family apartment, and the water and gas service of the utilities removed, capped and placed behind a finished wall surface; or a building permit must be obtained to incorporate the floor plan of the apartment unit back into the principal structure.”

Section 2. That Section 240-128 of the Zoning Ordinance is hereby amended as follows:

By amending the definition of APARTMENT UNIT by adding the phrase “single-family dwelling or a” before the words multi-family dwelling and striking the phrase “and containing one kitchen” so the definition reads:

APARTMENT UNIT — That portion of the floor area of a single-family dwelling or a multifamily dwelling designed for occupancy by a single family.

By amending the definition of DWELLING, SINGLE-FAMILY by adding the phrase “and providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.” so the definition reads:

Page 4 of 41 DWELLING, SINGLE-FAMILY – A detached residential building designed for and occupied by a single family and providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation And by striking the definition of FAMILY APARTMENT and replacing it with “An Apartment Unit within a single-family dwelling intended to be occupied only by family members of the property owner and which provides complete independent living facilities for one or more persons, as outlined herein, including permanent provisions for living, sleeping, eating, cooking and sanitization.”

SPONSOR: James Crocker Jr., Town Council Vice President, Precinct 5

DATE ACTION TAKEN 12/21/17 Refer to Planning Board ______

_____Read Item _____Motion to Open Public Hearing _____Rationale _____Public Hearing _____Close Public Hearing _____Council Discussion _____Move/Vote

Page 5 of 41 BARNSTABLE TOWN COUNCIL ITEM# 2018-053 INTRO: 12/21/17, 03/01/18

SUMMARY

TO: Town Council THROUGH: Mark S. Ells, Town Manager FROM: Elizabeth S. Jenkins, Planning & Development Director DATE: December 21, 2017 SUBJECT: Amending Article V, Chapter 240, Sections 47.1 and Section 128 of the Zoning Ordinance to revise regulations for Family Apartments RATIONALE: The current family apartment regulations require year-round occupancy of the main dwelling and family apartment. The proposed amendment would remove the requirements for year- round occupancy of the dwelling and apartment, allowing additional flexibility for owners. New language to strengthen the intent that neither the house nor the family apartment shall be rented to non- family members is proposed.

The proposed amendment also revises the conditions of establishing a family apartment unit by allowing more flexibility for owners and reducing what must be reviewed by the Zoning Board of Appeals by Special Permit or Variance. The 800 square foot limitation on family apartments is eliminated in favor of the existing limitation that units not exceed 50% of the square footage of the principal dwelling. The proposal would also allow detached family apartments to be considered by Special Permit, where they were previously prohibited, but often requested and granted by Variance. The revised conditions would also allow expanded options for the owner and Building Commissioner related to removal of an apartment, allowing multiple possibilities to incorporate a former unit back into the principal dwelling.

Finally, associated definitions are proposed to be clarified to support the above changes and reinforce regulatory intent.

STAFF ASSISTANCE: Ruth Weil, Town Attorney, David Houghton, Assistant Town Attorney; Brian Florence, Building Commissioner

Page 6 of 41

A. OLD BUSINESS (Public Hearing) (Roll Call)

BARNSTABLE TOWN COUNCIL

ITEM # 2018-063 INTRO: 02/15/18, 03/01/18

2018-063 APPROPRIATION AND TRANSFER ORDER IN THE AMOUNT OF $200,175 FOR THE EVALUATION, DESIGN AND PERMITTING OF THE RENOVATION OF THE ARMORY BUILDING LOCATED AT 225 SOUTH STREET, HYANNIS

ORDERED: That the Town Council hereby appropriates and transfers the sum of $200,175 from the General Fund Reserves, for the purpose of evaluating, designing, permitting and other costs incidental or related thereto, for the renovation of the Armory Building located at 225 South Street, Hyannis, 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.

SPONSOR: Mark S. Ells, Town Manager

DATE ACTION TAKEN

02/15/18 Refer to Public Hearing 03/01/18

______

____Read Item ____Motion to Open Public Hearing ____Rationale ____Public Hearing ____Close Public Hearing ____Council Discussion ____Move/Vote

Page 7 of 41

BARNSTABLE TOWN COUNCIL

ITEM # 2018-063 INTRO: 02/15/18, 03/01/18 SUMMARY

TO: Town Council FROM: Mark S. Ells, Town Manager DATE: February 15, 2018 SUBJECT: Appropriation and Transfer Order in the amount of $200,175 for the evaluation, design and permitting of the Renovation of the Armory Building located at 225 South Street, Hyannis

BACKGROUND: In the 1950’s, the Town of Barnstable took municipal land it owned on South Street and granted it to the Commonwealth for the purpose of building a National Guard armory. In 1958 the armory was built and was operated by the State until 2006. The Armory Building located in Hyannis was turned over to the Town of Barnstable in 2006 from the State. With the return of this asset to Municipal control, there were very strict limitations set by the State for any reuse by the Town of Barnstable. Several attempts through Request for Proposals have been made by the Town for use of the Armory. The limited responses and ultimate lack of success have primarily been associated with limiting reuse restriction imposed by the State, hazmat abatement, and capital improvement costs.

RATIONALE: The proposed capital improvement project is for the initial soft costs associated with architectural /engineering design and limited hazmat testing and abatement needed at the Armory in an effort to implement a phased capital improvement project. In addition to commencing the preliminary assessment and design, an internal evaluation of phased improvements and associated funding for said phasing would be developed and presented to Town Council for consideration as this effort progresses toward the desired outcomes. The outcome of this phased effort would allow for the Town to evaluate both municipal and lease options for future use of the facility.

FISCAL IMPACT:This appropriation will be funded from the town’s General Fund reserves. The town’s General Fund surplus was certified at $16.2 million for fiscal year 2018. The State Senate Capital Bond Bill that was recently passed included $1.6 million in funding for renovations of this facility. The bill must be reconciled with the House version of the Capital Bond Bill and approved by the Governor to secure this funding.

Page 8 of 41

B. NEW BUSINESS (First Reading)

BARNSTABLE TOWN COUNCIL

ITEM # 2018-098 INTRO: 03/01/18

2018-098 APPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION RESOLVED: That the Town Council appoints the following individuals to a multiple-member board/committee/commission: Comprehensive Financial Advisory Committee: Hector Guenther, 45 Deerfield Road, Osterville, as a regular member to a term expiring 06/30/18; Council on Aging: Janice Lariviere, 11 Vista Circle, Centerville, as an associate member to a term expiring 06/30/20; Economic Development Commission: Hector Guenther, 45 Deerfield Road, Osterville, as a regular member to a term expiring 06/30/18; Paul Cusack, 35 Second Avenue, Osterville, as a regular member to a term expiring 06/30/19; Jane Eshbaugh Community Service Award Committee: Anne O’Neill Schulte, 52 Fox Run, Centerville, as a regular member to a term expiring 06/30/18; Personnel Board: David Nolan, 97 Willow Run Drive, Centerville, as a regular member to a term expiring 06/30/18; Shellfish Committee: Paul Caruso, 42 Matthew Way, Marstons Mills, as a member at large to a term expiring 06/30/19; Paul Cusack, 35 Second Avenue, Osterville, as a regular member to a term expiring 06/30/18.

SPONSOR: Appointments Committee

DATE ACTION TAKEN

______

______

___ Read Item ___ Rationale ___ Council Discussion ___ Move/Vote

Page 9 of 41 B. NEW BUSINESS (First Reading)

BARNSTABLE TOWN COUNCIL

ITEM # 2018-099 INTRO: 03/01/18

2018-099 REAPPOINTMENTS TO A BOARD/COMMITTEE/COMMISSION

RESOLVED: That the Town Council reappoints the following individuals to a multiple-member board/committee/commission: Renewable Energy Commission: Jan Rapp, as a regular member to a term expiring 06/30/20

SPONSOR: Appointments Committee

DATE ACTION TAKEN

______

______

___ Read Item ___ Rationale ___ Council Discussion ___ Move/Vote

Page 10 of 41

B. NEW BUSINESS (May be acted upon)

BARNSTABLE TOWN COUNCIL

ITEM # 2018-100 INTRO: 03/01/2018

2018-100 RESOLVE AUTHORIZING THE TOWN MANAGER TO SUBMIT REVISED DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE APPLICATION TO THE CAPE COD COMMISSION

RESOLVED: That the Town Council, pursuant to Barnstable County Ordinance 2005-13, as amended by Barnstable County Ordinance 10-19 and 14-05, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application, hereby proposes the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, dated February 20, 2018 as a Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manager, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission.

SPONSOR: Jennifer Cullum, Councilor, Precinct 13

DATE ACTION TAKEN

______

______

___ Read Item ___ Rationale ___ Council Discussion ___ Move / Vote

Page 11 of 41

BARNSTABLE TOWN COUNCIL

ITEM# 2018-100 INTRO: 03/01/2018

SUMMARY

TO: Town Council THROUGH: Mark S. Ells, Town Manager FROM: Elizabeth S. Jenkins, Planning & Development Director DATE: March 01, 2018 SUBJECT: Authorizing submission of Growth Incentive Zone Designation Application for Downtown Hyannis to Cape Cod Commission

BACKGROUND: The purpose of the Downtown Hyannis Growth Incentive Zone (GIZ) is to direct growth and redevelopment to an area of Hyannis with existing development, and to encourage a concentrated mix of residential and commercial uses within Hyannis while ensuring that all growth is properly served by adequate infrastructure and community services and amenities. The Downtown Hyannis Growth Incentive Zone was approved by the Cape Cod Commission by decision dated April 6, 2006, as amended by Barnstable County Ordinance 10-19 and 14-05, as authorized by Barnstable County Ordinance 2005-13, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application. It was extended by an Agreement to Extend Town of Barnstable Downtown Hyannis Growth Incentive Zone to October 6, 2017 between the Cape Cod Commission and the Town of Barnstable executed on December 14, 2015 and further extended by a second Agreement to Extend to April 4, 2018 between the Cape Cod Commission and the Town of Barnstable executed on October 6, 2017. In accordance with the Cape Cod Commission Act (“Act”) and Chapter G, the Town of Barnstable requests to designate a Growth Incentive Zone in Hyannis, as described by the boundaries shown on the map dated February 20, 2018, and requests that no Development of Regional Impact (DRI) review pursuant to the Commission’s Chapter A – Enabling Regulations Governing Review of Developments of Regional Impact (“Enabling Regulations”) (Barnstable County Ordinance 90-12m as amended), Chapter G – Growth Incentive Zone Regulations (Barnstable County Ordinance 05-13, as amended) be required within the GIZ to the extent allowed by the regulations and the current GIZ Decision.

ANALYSIS: As the existing designation is set to expire, the Town is seeking to re-designate the Downtown Hyannis Growth Incentive Zone. The GIZ application represents a collaboration between the Cape Cod Commission and the Town that redefines the process for designation of a GIZ. The proposed application defines community goals and measurable outcomes, supported by ongoing strategic and capital planning and continued evaluation. This item represents a revised Downtown Hyannis Growth Incentive Zone (GIZ) application (dated February 20, 2018) which addresses three issues: the boundary, consistency with existing and proposed Cape Cod Commission regulations, and public input. The proposed GIZ boundary has been modified to reflect the boundary as it currently exists today. Revisions to the proposed application will allow it to be submitted under the Cape Cod Commission’s existing or proposed regulations pertaining to Growth Incentive Zones. Finally, previously outlined revisions to the application based on public input are incorporated into the document.

STAFF ASSISTANCE: Ruth Weil, Town Attorney; Planning & Development Department Staff; Dan Santos, Rob Steen and Department of Public Works Staff; Lynne Poyant and Community Services Staff; Elizabeth Hartsgrove and Consumer Affairs Staff

Page 12 of 41

DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE DRAFT BOUNDARY

Page 13 of 41 B. NEW BUSINESS (May be acted upon)

BARNSTABLE TOWN COUNCIL

ITEM # 2018-101 INTRO: 03/01/2018

2018-101 AMENDMENTS TO THE ADMINISTRATIVE CODE, CHAPTER 241, ARTICLE IV, MUNICIPAL ORGANIZATION

ORDERED that pursuant to Section 5-1 and Section 10-7(k)(1)-(2) of the town of Barnstable Home Rule Charter, the Administrative Code, Section 241, Article IV, Municipal Organization, is hereby amended by striking out Section 241-46 and Sections 241-47 through 241-47.30 in their entirety and substituting in place thereof the following:

Ҥ 241-46 Offices and standards.

A.General. The municipal agencies of the Town under the jurisdiction of the Town Manager are described in this Administrative Code Article IV. The description of municipal agencies delineates the functions of each said agency, their authorities and responsibilities and the interrelationships amongst and between the agencies, the multiple-member bodies, and the elective organization.

B. Municipal Organization.

The municipal agencies of the Town consist of the office of the Town Manager and the eight municipal departments under the jurisdiction of the Town Manager. The eight departments and their respective divisions are as follows: Administrative Services encompassing Legal, Information Technology, Human Resources and Finance; Community Services encompassing Recreation, Golf and Senior Services; Inspectional Services encompassing Building and Health; Licensing encompassing Licensing and Weights and Measures; Marine and Environmental Services encompassing Harbormaster and Natural Resources; Planning and Development, encompassing Regulatory Review, Comprehensive Planning, Community Development. Economic Development, Conservation and Parking; Police; and Public Works encompassing Administration and Technical Support, Highway, Solid Waste, Structures and Grounds, Water Pollution Control and Water Supply.

C. Coordination of Department Activities.

(1) The Town Manager, department directors, division managers, the Town Clerk and the Town Collector coordinate administrative and operational activities by meeting at least biweekly to discuss departmental activities, seeking coordination of activities to mitigate duplication of services where possible. These managers shall develop action programs, evaluate program completion, review management, financial, personnel, and legal issues. Significant attention shall be made towards coordination of work programs for quarterly periods, so as to ensure minimal work disruption and efficient service delivery.

(2) Department directors and division managers shall be accountable to the Town Manager for the achievement of department and division activities. Departmental division managers shall meet at least biweekly with the department director for the purposes outlined. The department director shall have the authority to commit departmental staff to work programs, and shall call to order and conduct the departmental division work group meetings.

(3) The delivery of services to the public and intra-town departments requires coordination and cooperation amongst the various departments, divisions and programs within the Town. Managers shall seek to identify Page 14 of 41 those areas of concern where it is believed that the various departments and divisions can assist each other in accomplishment of their mission.

D. Multiple-member board coordination.

(1) Those departments that provide administrative support to multiple-member boards shall to do so as appropriations allow. It is an administrative obligation for the departmental liaison to a board to regularly and accurately represent to management the multiple-member board activities, policies and decisions, so as to ensure efficient implementation of said board activities.

(2) Board chairmen are encouraged to communicate with the Town Manager as necessary regarding matters relating to board activities.

E. Elective organization coordination.

(1) The municipal organization provides professional support to elective organization of the Town primarily through the Town Manager, School Superintendent and Town Attorney.

(2) Coordination of report service to the Town Council occurs through the Town Manager. All departments under the jurisdiction of the Town Manager shall ensure that the Town Council receives objective, timely, professional and accurate information upon request, in order to better assist the Town Council in its legislative and policy decision-making process.

(3) In order to ensure that the coordination of report service to the Town Council is effective, the Town Manager shall assume responsibility for the information transmittal. The procedure for transmittal of reports from a department to the Town Council is for information to route through the Town Manager. Requests for reports or other services from the Town Council to a department must be routed through the Town Manager. Information not transmitted by this process shall lessen the accountability of the Town Manager in that regard.

(4) Coordination of report service requests to the School Committee shall similarly be transmitted through the School Superintendent by any municipal agency.

(5) Nothing in this section, however, shall be construed so as to deny to members of the Town Council direct access to information that is readily available and provided by departments to citizens in the pursuit of their civic responsibilities or private business, nor shall staff members be discouraged from providing said information through formal or informal discourse.

§ 241-47 Organization of administration.

[Added 9-8-2005 by Order No. 2005-126]

The administration of the Town affairs shall be organized as set forth below.

§ 241-47.1 Town Manager. [Added 9-8-2005 by Order No. 2005-126]

A. Purpose. The administration of all Town fiscal, business and municipal affairs shall be vested in the Town Manager. The Town Manager is the chief administrative officer of the Town and is responsible to the Town Council for the proper operation of Town affairs for which the Town Manager is given responsibility under the Barnstable Town Charter, the Administrative Code, ordinance, general laws, or vote of Town Council.

B. Authorities and responsibilities.

(1) The Town Manager appoints all department heads, officers, and employees, except employees of the School Department, the airport, and persons serving under officers elected directly by the voters of Barnstable. Page 15 of 41 Certain appointments made by the Town Manager are subject to the approval of the Town Council, as set forth in other chapters of the Code of the Town of Barnstable.

(2) The powers, duties and responsibilities of the Town Manager shall include, but are not intended to be limited to, the following:

(a) To supervise, direct and be responsible for the efficient administration of all officers appointed by the Town Manager and their respective departments and of all functions for which the Town Manager is given responsibility under the Barnstable Town Charter, by ordinance, or by vote of the Town Council.

(b) To administer, either directly or through a person or persons supervised by the Town Manager, in accordance with the Charter, all provisions of general or special laws applicable to the Town, all ordinances, and all regulations established by the Town Council.

(c) To coordinate all activities of Town departments or agencies.

(d) To attend all regular and special meetings of the Town Council, unless excused, and to answer all questions addressed to the Town Manager which are related to matters under the general supervision of the Town Manager.

(e) To keep the Town Council fully informed as to the needs of the Town, and to recommend to the Council for adoption such measures requiring action by them as the Town Manager deems necessary or expedient.

(f) To insure that complete and full records of the financial and administrative activity of the Town are maintained and to render reports to the Town Council as may be required.

(g) To be responsible for the rental, use, maintenance and repair of all Town facilities, except those under the jurisdiction of the School Committee and the Airport Commission.

(h) To be responsible for the purchase of all supplies, materials, and equipment, except books and other educational materials for schools and approve the award of all contracts, except contracts for educational materials.

(i) To develop and maintain a full and complete inventory of all Town-owned real and personal property, manage the Town insurance policies and provides assistance with the Town's risk management activities in conjunction with all Town departments.

(j) To administer personnel policies, practices, or rules and regulations, any compensation plan and any related matters for all Town employees and to administer all collective bargaining agreements, except for School Department agreements, entered into by the Town.

(k) To fix the compensation of all Town employees and officers appointed by the Town Manager within the limits established by appropriation and any applicable compensation plan.

(l) To be responsible for the negotiation of all contracts with Town employees over wages, and other terms and conditions of employment, except employees of the School Department and the Airport Commission. The Town Manager may employ special counsel to assist in the performance of these duties. Insofar as they require appropriations, contracts shall be subject to the approval of the Town Council.

(m) To prepare and submit an annual operating budget, capital improvement program and a long-term financial forecast as provided for in the Barnstable Town Charter.

(n) To keep the Town Council fully informed as to the financial condition of the Town and to make recommendations to the Town Council as the Town Manager determines necessary or expedient.

(o) To investigate or inquire into the affairs of any Town department, agency or office.

Page 16 of 41 (p) To delegate, authorize or direct any employee of the Town to exercise any power, duty or responsibility which the office of Town Manager is authorized to exercise, provided that all acts that are performed under such delegation shall be considered to be the acts of the Town Manager.

(q) To perform such other duties as necessary or as may be assigned by the Charter, by ordinance, or by vote of the Town Council.

(r) To manage all Town trusts given or bequeathed for the benefit of the Town or the inhabitants thereof, unless the donor in making the gift or bequest shall otherwise provide.

(s) To prosecute and defend suits, either civil or criminal, in which the Town in its corporate capacity or any Town officer in his official capacity is a party or in which its rights, duties and interest may be the subject of adjudication before any judge, magistrate, court or tribunal, and, with the advice and consent of the Town Attorney, to compromise and settle all claims or suits against the Town if in their opinion such claims cannot be defended advantageously or successfully. In order to accomplish such objectives the Town Manager and Town Attorney will meet with the Town Council at least once a year to get Council input.

(t) To be responsible for and have the management of all trust funds given or bequeathed for the benefit of the Town or the inhabitants thereof, unless the donor in making the gift or bequest shall otherwise provide. He or she shall, so far as is consistent with the terms of the trusts, manage and control the same, and distribute the income in accordance with the terms of the respective trusts. He shall keep a record of his activities with respect to the same, and at the close of each financial year shall make a report to the Town, showing the total amount of the funds, and their investments, receipts and disbursements on account of the same, setting forth in detail the sources of the receipts and the purposes of the expenditures. In carrying out the duties assigned hereunder, the Town Manager shall consult with the Trust Fund Advisory Committee from time to time as he or she deems necessary or desirable.

(u) To administer the provisions of MGL c. 44, § 55c, in a manner which is not inconsistent therewith. In so doing, the Town Manager shall be aided, in his/her discretion, by a Board of Trustees appointed by him/her in a manner consistent with Paragraph (b) of said § 55C. Furthermore, the powers to be exercised hereunder shall, consistent with Paragraph (c) of said § 55C, include the exercise of powers thereunder for the purpose of sound and prudent economic development as well as the purposes recited in said § 55C. [Added 6-21- 2007 by Order No. 2007-158.]

(v) To serve as a member of the Veterans District Board pursuant to the provisions of M.G.L. c. 115 which Board’s charge is to provide aid and assistance to veterans and/or their dependents, secures appropriate benefits for this service group, and provides outreach, counseling, medical and other support services.

C. Interrelationships. The Town Manager interacts with the Town Council on all matters noted above and, as the chief administrative officer of the Town, interacts as necessary with all other agencies, boards, and officers of the Town. Descriptions specific to interaction appear in either the elective, multiple-member appointive or administrative organization parts of the Administrative Code.

D. Department heads.

(1) The term "department head" as used in this section shall mean the following positions:

(a) An Assistant Town Manager.

(b) A Town Attorney.

(c) A Town Accountant/Director of Finance.

(d) A Town Treasurer.

Page 17 of 41 (e) A Police Chief.

(f) A Director of Human Resources.

(g) A Building Commissioner,

(h) A Director of Public Works.

(i) A Director of Community Services.

(j) A Director of Planning and Development. [Amended 5-4-2017 by Order No. 2017-142]

(k) A Director of Marine and Environmental Affairs.

(l) A Director of Licensing.

(m) A Town Collector

(2) Appointments of department heads made by the Town Manager shall become effective upon approval by the Council. The appointments of all other officers and employees shall be deemed, for the purposes of Section 4-2 of the Charter, to have been approved when made by the Manager.

§ 241-47.2 (Reserved) § 241-47.3 (Reserved) § 241-47.4 (Reserved)

§ 241-47.5 Administrative Services Department. The Administrative Services Department consists of four subordinate departments: Legal, Information Technology, Finance and Human Resources. Through these four subordinate departments, the Department provides a variety of professional services to all components of the Town.

A. Legal.

(1) Purpose. The purpose of the Office of the Town Attorney is to provide and/or supervise the provision of all legal services necessary to the proper conduct of the affairs of the Town.

(2) Authorities and responsibilities. The responsibilities of the Office are varied, and include the following:

(a) Title examination for all real estate and other real property interests to be acquired by the Town. Approval of deeds and other instruments in writing under which the Town acquires real property interests or real estate possessory interests.

(b) Draft for execution by any Town official, board, department or committee by virtue of any special or general authorization: all deeds, leases, conveyances and releases to be executed in behalf of the Town or; To convey real estate or real estate possessory interests; and all contracts, bonds, obligations or other agreements in writing whereby the Town assumes any pecuniary, contractual or other liability..

(c) Draft formal orders, notices, votes, adjudications or decrees for the taking of lands or interests in lands, in behalf of the Town, by purchase or eminent domain, for any municipal purpose and the layout, relocation, alteration or discontinuance of Town ways.

(d) Attend all Town Council meetings and, at the request of the President thereof, advise the Council on questions of law relating to the subject matter of any matter before the Council and as to the form of proposed votes or motions or the legality of any particular action proposed to be taken by the Council.

(e) Provide legal advice or opinion to all elective or appointive Town officers, multiple-member bodies, or

Page 18 of 41 departments pertaining to any legal issues in the function of their respective offices or on any specific question of law in relation thereto.

(f) Appear and act as Attorney in any suit, action, complaint or court proceedings for the Town or for any Town officer as party defendant in his official capacity, or at the request of such officer and subject to the Town Manager’s advice and consent in their personal capacity solely by reason of official action in good faith relative to a matter in which the Town in its corporate capacity has a duty to perform.

(g) Appear and act for the Town and its officers, boards and committees before state and county boards and officials, executive departments and committees of the legislature, in all proceedings involving the rights, duties or interests of the Town, subject to the Town Manager's request.

(h) Give advice and consent to the Town Manager with respect to the question of whether or not to compromise and settle pending or threatened claims or suits against the Town or officers.

(3) Interrelationships.

(a) Town Council. The Town Attorney interacts with the Town Council by attending all Town Council meetings and advises the Council on questions of law relating to the subject matter of any matter before the Council and as to the form of proposed votes or motions or the legality of any particular action proposed to be taken by the Council.

(b) Town Manager. The Town Attorney shall interact with the Manager to pursue the responsibilities set forth herein, and shall serve further to advise the Manager on matters of law and specific legal functions of the organization.

(c) Other departments. Interaction shall be consistent with the responsibilities set forth herein.

B. Information Technology.

(1) Purpose. The objective of Information Technology is to provide assistance and professional services to all Town departments utilizing systems for which they are responsible. Significant attention is given to coordination, integration, standardization and centralization of the Town's information resources.

(2) Authorities and responsibilities. Information Technology is responsible for several major functional areas: systems development and planning, systems modification and enhancement, operations, central services and management and administration of the hardware and software for the geographic information system, computer hardware acquisition and maintenance support, software acquisition, development and enhancement, computer supplies management, binding, printing, plotting and scanning services, desktop publishing, developing and conducting in-house computer training, and most significantly, processing of all municipal software programs on the host computer system, and central depository for all electronic information and associated systems which are maintained and/or utilized by the Town.

(3) Interrelationships.

(a) Town Manager. Regular interaction for the purpose of ensuring adherence to information systems procedures and practices by all municipal departments, development and maintenance of information systems planning, and procurement, and compliance by all departments to the information systems policies and procedures for management of information systems.

(b) Other departments. Ongoing interaction with all departments to ensure accomplishment of the respective departments’ goals and objectives is commonplace. Special projects, development of software and/or hardware enhancements as needed and as are consistent with management policy on same. Regular and recurring interaction with all users of information systems technology by technical support staff and programming and development staff is commonplace, so as to ensure the effective and efficient integration of information systems within the Town.

Page 19 of 41 C. Finance

(1) Purpose. Finance is responsible for providing financial and internal support to all municipal departments as well as to the School Department, providing the general public with departmental information, providing the Town Council, School Committee, Town Manager and School Superintendent oversight review, and improving accessibility to local government and its services.

(2) Town Accountant and Treasurer appointment. The Town Manager appoints a Town Accountant, who shall also serve as the Finance Director. The Town Manager also appoints a Town Treasurer. The Town Accountant operates pursuant to MGL c. 41, § 55, for the purpose of maintaining financial records, supervising and controlling all expenditures of Town funds, supervising a consolidated financial administrative function in accordance with MGL c. 71 § 37M, and all related work as required by law. The Town Treasurer is responsible for receipt of, and disbursement of, all monies of the Town. The Town Treasurer has all of the other powers and duties which are given to Town Treasurers by MGL c. 41, §§ 35 through 43A.

(3) Authorities and responsibilities of Town Accountant.

(a) The Town Accountant is responsible for maintenance of all Town and School insurance policies, trust funds, budget preparation, and monthly financial reporting of revenues and expenditures. The Town Accountant examines the books and accounts of all Town officers, School officers and committees entrusted with the receipt, custody or expenditure of money, and all original bills and vouchers on which money has been or may be paid from its treasury. The Town Accountant verifies the cash balance of each of such officers and committees by actual count of the cash and inserts in his annual report his certificate under oath of the facts so found. Additionally, he/she causes audits to be made annually of the accounts of the trustees of any property, the principal or income of which, in whole or in part, was bequeathed or given in trust for public uses for the benefit of the Town, or for the benefit of the inhabitants of the Town, and examines and estimates the funds, securities and evidences of property held by such trustees.

(b) The Town Manager, School Superintendent and other officers authorized to spend money shall approve and transmit to the Town Accountant as often as practicable but not less than once a month all bills, drafts, orders and payrolls chargeable to the respective appropriations of which they have the expenditure. The Town Accountant shall examine all such bills, drafts, orders and payrolls, and, if found correct, draws a warrant upon the treasury for the payment of the same, and the Treasurer pays no money from the treasury except upon such warrant approved by the Town Manager. The Town Accountant may disallow and refuse to approve for payment any claim as fraudulent, unlawful or excessive, and in such case shall file with the Town Treasurer a written statement of the reasons for such refusal.

(c) The Town Accountant maintains a complete set of books and the accounts are kept, so far as practicable, in conformity with the classifications and forms prescribed law.

(d) The Town Accountant participates actively in the development and review of all municipal budgets.

(4) Authorities and responsibilities of Town Treasurer.

(a) The Town Treasurer receives and takes charge of all money and securities belonging to the Town. In accordance with the orders of the Town or its authorized officers, the Treasurer pays out and accounts for all disbursements on behalf of the Town. The Treasurer is responsible for annually rendering a true account of all receipts and disbursements.

(b) The Town Treasurer establishes and maintains an efficient cash management system, which includes monthly, quarterly projections of cash flow and disbursements. The Treasurer maintains professional investment policies and practices, and, with the approval of the Town Manager, is authorized to borrow monies for those projects authorized for funding by the Town Council. S/he is responsible for maintenance and operation of the Town's payroll system as well as the benefits management system, both coordinated with the Human Resources Department. The Town Treasurer pursues, with the assistance of the Town Page 20 of 41 Collector and Town Attorney, all tax title processing.

(5) Organizational components.

(a) Accounting function. This component includes oversight for all financial transactions of the Town including School and Enterprise Fund operations. This component maintains a comprehensive general ledger chart of accounts tracking all financial activity of the Town and provides expertise in the areas of accounts payable; sound accounting principles and techniques for all departments; and various internal and external financial reporting including the annual independent financial audit process and preparation of the Town's Comprehensive Annual Financial Report. The function interacts with all departments and many outside organizations. It provides departments with monthly budget reports, encumbrance status reports and processes all invoices for the Town. It conducts routine financial reconciliations with other Town functions, such as the Treasury, School Department and Town Collector. This function is responsible for providing all documentation for the annual audit process, assisting in the preparation of setting the tax rate, providing information for certification of free cash and surplus funds, preparing various state and federal financial reports, training on the Town financial management system for all departments and other financial information as the need arises.

(b) Budget function. This component includes assistance in the annual development of the capital and operating budgets for the Town and School. This function monitors the budget and produces annual financial reports there upon. This function also prepares an annual cost of service analysis, a long-term forecast in accordance with the Town's Charter, performs cost/benefit analysis, conducts training on the Town's financial management system for all departments and other special projects as the need arises. (c)Treasury function. The functions of the Treasury include investment policies, cash management, debt management and collection of real estate liens. All activities are conducted with the objective of safeguarding principal, maintaining liquidity to meet the Town's operating needs while optimizing the yield to the fullest extent possible and minimizing risk. This component is also responsible for producing the Town and School payroll, wage reporting for Town and School, paying over authorized deductions to appropriate vendors and making timely payroll tax deposits. The Treasury also oversees the issuance and disbursement of all vendor checks and the issuance and servicing of the Town's bonds.

(d) Procurement function. The procurement function offers expertise in the procurement of goods and services to the departments and divisions of the Town to allow for the efficient expenditure of Town funds in accordance with MGL c. 30B, c. 30 § 39M, and c. 149. The Chief Procurement Officer (CPO) provides direction in the process of acquiring goods and services, suggestions for alternative products, using state contracts to avoid the duplicative bid process, assistance with surplus property disposal and assistance in managing the interaction of vendors with the Town.

(e) Assessing function. Assessing appraises each account or parcel of taxable property within the Town at its market value, so as to ensure an equitable distribution of the total tax burden within the Town. As the organizational component responsible for providing administrative support to the Board of Assessors, Assessing is responsible for appraisal of all property, both real and personal. It is responsible for carrying out its responsibilities under the Massachusetts General Laws, in particular Chapter 40, § 56, as it concerns the percentages of local tax levy for property; Chapter 41, §§ 24, 25, 25A, 26, 27, 28, 29, 30, 30A and 30B, as they concern the relating powers and duties of the Board, the appointment of Assistant Assessors, and the oath of office; Chapter 58 relating to the general provisions of taxation; Chapter 59, relating to the assessment of local taxation; Chapter 60A, relating to excise tax on registered motor vehicles; Chapter 60B, relating to excise tax on boats, ships and vessels; Chapter 61, relating to classification and taxation of forest land and forest products; Chapter 61A, relating to assessment and taxation of agricultural and horticultural land; Chapter 61B, relating to classification and taxation of recreational land; and Chapter 80, relating to the assessment of betterments.

(f) Town Clerk. The Town Clerk is an elective officer of the Town. The mission, authorities and responsibilities, and interrelationships are described in § 241-5. The Town Clerk is an integral component within the Town's Administrative Services Department.

Page 21 of 41 (g) Town Collector. The Town Collector is currently an elective officer of the Town. Pursuant to a charter amendment approved by the voters, the Town Collector will become an appointed position when the current incumbent’s term of office expires in 2019. The authorities and responsibilities, and interrelationships are described in § 241-6. The Town Collector is an integral component within the Town's Administrative Services Department.

(6) Interrelationships.

(a) Town Manager. The Town Accountant is responsible for management of the Town's financial resources. As such, all matters of a financial nature within the Town shall receive Town Accountant and Town Manager approval. The Town Accountant advises the Town Manager on all matters financial, so as to ensure the proper and efficient financial management of the Town. The Town Treasurer interacts with the Town Manager for the purposes herein stated, and further to ensure that the monies of the Town are properly managed through sound investment and disbursement practices. The Town Treasurer shall actively work with the Town Accountant and Town Manager in the development and review of the process for all municipal budgets, capital planning and long-term forecasting.

(b) Other departments. All organizational components, officers, boards or committees authorized to collect revenues, or expend same, interact with Finance for the purposes stated herein. As indicated, interrelationships shall occur throughout the Town, where matters of payroll, benefits management or other treasury or budgetary planning activities take place. As an integral part of the Administrative Services Department, financial planning matters within the Division are primary.

(c) Multiple-member boards. Finance Division interacts with the Board of Assessors, Trust Fund Advisory Committee, JFK Memorial Trust Fund Committee, School Committee and the Comprehensive Financial Advisory Committee and other Boards and Commissions as requested.

D.Human Resources.

(1) Purpose: Human Resources provides information and services that effectively and economically support the execution and integration of human resources management decisions, to develop and implement policies and services to enhance the employment relationship and provide for optimum organizational effectiveness, and to maintain the high operating standards for the Town and School consistent with recognized human resources management and executive policy.

(2) Authorities and responsibilities. Human Resources performs the following duties and responsibilities:

(a) Assure fair treatment of applicants and employees in all human resources related matters.

(b) Assist, advise and train management personnel in matters of job selection and termination, classification, disciplinary action and management training.

(c) Assist the Town Manager and Superintendent of Schools in the collective bargaining process.

(d) Maintain the Town’s human resources management system.

(e) Implement and maintain affirmative action employment program for Town, reporting results regularly to the state.

(f) Manage the worker's compensation and unemployment insurance programs.

(g) Maintain the job classification system, establishing position descriptions, rates of pay, and hours of work.

(h) Manage the Town's job selection and recruitment process, approving postings, and assisting with interviewing candidates.

(i) Manage employee health insurance and other benefit programs. Page 22 of 41 (3) Interrelationships.

(a) Town Manager. Human Resources is the primary entity responsible for management of the Town's human resources. As such, all human resources policies, directives, rules and regulations promulgated by the Town Manager shall be implemented and enforced by Human Resources for all municipal components.

(b) Other departments. In any matter concerning management of the Town's human resources, Human Resources will be required to interact with municipal and school departments for the purpose of observing and enforcing the Town's human resources policies and procedures.

(c) Multiple-member boards. Human Resources interacts with the Personnel Advisory Board, the School Committee and the Barnstable Disability Commission.

E. Hearing Officer. [Added 10-20-2005 by Order No. 2006-028]

(1) Mission. The mission of the Hearing Officer is to provide judicious, expert, fair, impartial and prompt determinations consistent with applicable provisions of statutory, case and regulatory law upon questions and causes specifically placed under the Hearing Officer's jurisdiction, specifically comprehensive permits applied for under Chapter 9, Article II, of the Code.

(2) Authorities and responsibilities. The Hearing Officer hears evidence and issues written decisions with respect to the grant or denial of comprehensive permits under Chapter 9, Article II, of the Code. The Hearing Officer shall transmit his/her written decision to the Zoning Board of Appeals. The decision of the Hearing Officer shall become effective within 14 days of its transmittal to the Board of Appeals unless reversed by the Board of Appeals; any such reversal to be made only on the basis that the Hearing Officer's decision is erroneous as a matter of law.

(3) Interrelationships.

(a) Town Manager. The Hearing Officer interacts directly with the Town Manager's office on administrative, budgetary and broad, general policy issues. The Hearing Officer shall be independent of the Town Manager with respect to decisions in specific cases.

(b) Other departments. The Hearing Officer shall be guided by precedents established by the Zoning Board of Appeals in deciding similar cases. The Hearing Officer shall make recommendations through the Town Manager to the Town Council with respect to legislation beneficial to the administration of matters with the Hearing Officer's jurisdiction.

(c) Other interactions. The Hearing Officer interacts with appropriate community agencies, groups and private enterprise as well as state agencies to seek effective achievement of goals and objectives.

§ 241-47.6 (Reserved) § 241-47.7 (Reserved) § 241-47.8 (Reserved) § 241-47.9 (Reserved)

§ 241-47.10 Community Services Department. [Added 9-8-2005 by Order No. 2005-126; amended 6-21-2012 by Order No. 2012-140; 5-4-2017 by Order No. 2017-141]

The Community Services Department, provides an array of recreation, social, leisure time, and informative services to the citizens of Barnstable that appeal to a wide range of ages and interests.

A. Recreation Division.

Page 23 of 41 (1) Purpose. The Recreation Division is committed to providing safe and healthy leisure and recreational opportunities of a general and specialized nature to improve the quality of life in our community through exceptional and affordable programs and services.

(2) Authorities and responsibilities. Recreation is responsible for the development and delivery of a variety of educational, social, recreational and counseling services to the residents of Barnstable. The major responsibility is to provide services in a manner that eliminates duplication of services, maximizes existing personnel resources, and utilizes a variety of volunteer programs to diversify the effectiveness of programming. It services the community's entire population, as well as servicing the visitor (tourism) population on a seasonal basis.

(3) Organizational components.

(a) The Recreation Division administers four programs to ensure efficient accomplishment of program objectives with a minimum of duplication. Programs are as follows:

[1] Leisure Services provides and coordinates leisure activities through programs such as basketball, softball, open gym, Sunshine, Friday night social, sailing, karate, dance, tennis, playground program, track and field, baseball, theater, floor hockey, volleyball, gymnastics, community youth centers, after-school soccer, special events and special needs programs.

[2] Aquatics provide and maintain aquatic services at the 16 Town of Barnstable beach sites. Services in the aquatic program include general supervision, operating the gate attendant program, bathhouse attendants, overseeing the police program, water safety, and a swim program.

[3] The Youth Services program is dedicated to creating successful youth and family services programs through the Hyannis Youth and Community Center and other municipal and school buildings. These programs include the Youth Commission and its Youth Advisory Group, and follow the tenets of America's Promise: prevention, skills education, caring adults, and service learning.

[4] The Hyannis Youth and Community Center program which operates as an enterprise account provides ice programs and Youth Center activities. Ice activities include two NHL regulation ice rinks, one of which is the Lt. Joseph P. Kennedy, Jr., Memorial Skating Rink and provides a public skating program, hockey activities and figure skating instruction. Youth Center activities include a Teen Center and basketball/volleyball courts and other dry floor activities.

(4) Interrelationships.

(a) Town Manager. Recreation interacts with the Town Manager for the purpose of program approval, budgeting, expenditure, grant assistance, as well as scheduling of facility use and coordination.

(b) Other departments. It interacts with Public Works on a regular basis to prepare, maintain, and improve facilities. Work order requests are utilized. The Recreation Director and Public Works Director, or designee, meets to review facilities management issues. Police Department interaction takes place in scheduling of recreation programs, special details, patrols public safety and coordination of recreational services with public safety concerns.

(c) Interaction with the Planning and Development Department relates to land use for passive and active recreation. School Department interaction concerns utilization of school gyms, fields, coordination of special needs activities with the School Department's Special Needs Division; scheduling activities for the Hyannis Youth and Community Center and athletic fields, and beach areas.

(d) Multiple-member boards. Recreation provides administrative support to the Recreation Commission and the Youth Commission, implementing the policies of said committees through the promulgation of rules and regulations that are subject to approval by the Town Manager.

Page 24 of 41 B. Golf Division.

(1) Purpose. The Golf Division is dedicated to providing, operating and maintaining affordable, self-supporting public golf facilities, while protecting them for the future, by maintaining and improving the courses, buildings, and equipment. Golf Course Management strives to provide programs that enrich recreational opportunities, while being fiscally responsible to the residents and taxpayers of the Town of Barnstable.

(2) Authorities and responsibilities. The Golf Division is responsible for the development and delivery of a variety of educational, social, and recreational programs for the residents of Barnstable. The major responsibility is to provide services in a manner that eliminates duplication of services and maximizes existing personnel resources. It services the community's golfing population as it is an enterprise account and the users of the service pay for the service. It also services the visitor (tourism) population on a seasonal basis.

(3) Organizational components: The Golf Division is dedicated to operating and maintaining an attractive, affordable, and self-supporting public golf facility. The two facilities are the Olde Barnstable Fairgrounds Municipal Golf Course, which is an eighteen-hole golf course located in Marstons Mills, and the Hyannis Golf Course, which is also an eighteen-hole golf course located in Hyannis. The golf component is self- supporting through an enterprise account. It is responsible for all aspects of operating the golf course. The primary services are as follows:

(a) Membership offers residents the opportunity to play year-round golf at a reasonable rate. It provides the players with organized events, scheduled activities and a sense of belonging to a top golf facility.

(b) Junior golf provides the Barnstable youth with affordable recreation, trains the juniors in the rules, etiquette, and swing technique, provides a home for the high school golf team, plus tournaments, clinics and competitions of various kinds are organized throughout the season.

(c) Fee players are provided with a quality service, a high level of conditioning, and a pace of play attracting visitors from all parts of New England to make the Olde Barnstable Fairgrounds and the Hyannis Golf Course their choice of courses. Combined, the courses are open to the public seven days a week, year round.

(d) Pro shops at both courses consist of a full line of equipment, fashions, and accessories that are always stocked.

(e) Driving ranges offers the serious golfer an area to practice all parts of the game.

(f) Maintenance provides continuous improvements of each course. The condition of each course is essential to its future. Cooperative efforts with conservation, Audubon and other environmental groups will improve public relations. A beautification program to improve the aesthetic value of the facility is ongoing.

(g) A tournament schedule provides high-quality events for members, local charities, and state and local associations.

(h) Restaurants provide food and beverages for customers prior, during, and after golfing. It also offers non- golfers an opportunity to visit the facility and enjoy the scenery. Full service banquet services and large function room provide community space for wedding receptions, corporate events, dinner parties, business luncheons and class reunions.

(4) Interrelationships.

(a) Town Manager. The Golf Division interacts with the Town Manager for the purpose of program approval, budgeting, expenditure, as well as scheduling of facility use and coordination.

(b) Other departments. It interacts with Recreation on a regular basis to prepare, maintain, and improve programs.

Page 25 of 41 (c) Interaction with the Planning and Development Department relates to land use for passive and active recreation. Interacts with Finance, Procurement and Treasurer’s office on a frequent basis.

(d) Multiple-member boards. The Golf Division provides administrative support to the Golf Committee, implementing the policies of said committee through the promulgation of rules and regulations that are subject to approval by the Town Manager.

C. Senior Services Division.

(1) Purpose. The Senior Services Division supports older adults in our community by providing programs and services designed to optimize their quality of life and help them maintain their independence so they may successfully age-in-place in the Town of Barnstable. Senior Services assesses the needs of citizens age 60 and over and develops programs to meet those needs, advocates and educates the community on issues affecting the elderly, and enlists support and funding for the programs from federal, state, Town, and other public and private organizations.

(2) Authorities and responsibilities. Senior Services provides a wide and diverse array of programs designed to meet the needs of elders that includes, but is not limited to, the following: community outreach, health and wellness education and assistance, supportive day, social, recreational and educational programming, benefits counseling, information and referral, caregiver support, nutrition, and transportation. Services are developed and provided through staff, volunteers and cooperative efforts with community groups and agencies. It also serves as a resource to other departments and community groups concerning issues having an impact on elders, as well as regularly assessing needs and developing financial resources.

(3) Interrelationships.

(a) Town Manager. Senior Services interacts with the Town Manager primarily for program approval, budget expenditures, secondarily and for all other appropriate matters.

(b) Other departments. Senior Services interacts with Public Works relative to facilities program preparation, maintenance, and improvement. It interacts with the Health Division for cooperation in providing appropriate health services. Ongoing interaction with all other departments and organizational components to insure accomplishment of its goals and objectives is commonplace.

(c) Multiple-member boards. Senior Services provides administrative support to the Council on Aging and receives advisory information regarding program service delivery.

(d) Other interactions. Senior Services interacts with appropriate community agencies and groups as well as state and regional agencies to seek effective accomplishment of the departmental programming.

D. Communications.

(1) Purpose. The Communications Division oversees the day-to-day operations of the Community Services Department and provides media and communication strategies for the Town to provide the Town's residents and visitors with timely and accurate information relative to municipal government.

(2) Authorities and responsibilities. The Communications Division provides a wide and diverse array of programs designed to meet the needs of the community that includes government, education and public access television which operates as an enterprise account, through the Public Information program provides management of the Town’s website, weekly and monthly newsletters, press releases, social media and other communication channels. Through the Community Relations programs offers services developed and provided through staff, volunteers and cooperative efforts with community groups and agencies. It also serves as a resource to other departments concerning media issues.

(3) Interrelationships.

Page 26 of 41 (a) Town Manager. The Communications Division interacts with the Town Manager primarily for the dissemination of information to the public, program approval and budget expenditures.

(b) Other departments. The Communications Division interacts with all Town Departments for the dissemination of information to the public.

(c) Multiple-member boards. The Communications Division provides administrative support to the Cable Television Advisory Committee and interacts with other boards as necessary.

(d) Other interactions. The Communications Division interacts with appropriate community agencies and groups to seek effective accomplishment of departmental programming.

§ 241-47.11 (Reserved) § 241-47.12 (Reserved) § 241-47.13 (Reserved) § 241-47.14 (Reserved) § 241-47.15 (Reserved) § 241-47.16 (Reserved) § 241-47.17 (Reserved) § 241-47.18 (Reserved) § 241-47.19 (Reserved§ 241-47.20 (Reserved) § 241-47.21 Inspectional Services Department. [ Building Services Added 5-4-2017 by Order No. 2017-141]

The Inspectional Services Department, under the direction of the Building Commissioner, provides efficient and effective public health and public safety services that meet the needs of the community.

A. Building Services Division

(1) The Building Services administers and enforces all federal, state and local laws, rules, regulations, codes and policies concerning the construction and maintenance of buildings within the Town of Barnstable including specialized codes such as wiring, plumbing and gas pipe construction and installation within the Town. The Building Services Division is responsible for the administration and enforcement of the Town's zoning ordinance for the purpose of protecting the resident’s public health, and safety, and peaceful use of property within the Town’s zoning districts.

(2) Authorities and responsibilities: The Building Services Division conducts inspections, issues such permits and enforces such regulations and ordinances as may be required by the Town or under the State Building, Wiring, Plumbing, and Gas and State Accessibility Codes. Through the Building Commissioner, it enforces all the provisions of the zoning ordinance, and further enforces all the provisions of the Old King's Highway Historic District rules. It operates pursuant to M.G.L. c. 143, 142, 302, Acts of 1973, Chapter 470, CMR 248, 521, and 780; and NFPA 54 and 58; the Town zoning ordinance and Town general ordinances. It provides administrative support to noncriminal citations issued by the Town agencies. except motor vehicle infractions.

(3) Interrelationships.

(a) Town Manager: The Building Services Division interacts with respect to program approval, budget, expenditures, as well as enforcement activities of relevant federal, state and local laws, rules, regulations, and codes and policies laws.

(b) Other departments. The Building Services Division has extensive interaction with other divisions and departments. On a recurring basis, the Building Services Division interacts with most municipal organizational components in pursuit of its objectives.

Page 27 of 41 (c) Multiple member boards. Assistance is further provided to the Disability Commission and the Zoning and/or Planning Boards as well as the Historic District Committees as needed.

(d) Other interactions. The Building Services Division consults and coordinates with Massachusetts State Building, Wiring, Plumbing, Gas and the Architectural Access Board (AAB) Accessibility Inspectors as well as with their respective Boards and State agencies where necessary.

B. Public Health Division.

(1) Purpose. The Public Health Division seeks to preserve and maintain the Town's public health standards and protect its environmental resources by educational means and through the by strict administration and enforcement of various public health related federal, state and local laws, rules, regulations, codes and policies regulations, ordinances, state codes and general and federal laws through the efficient and effective efforts of divisional personnel.

(2) Authorities and responsibilities. The Public Health Division’s responsibilities are varied and include the following:

(a) Provides administrative support to the Board of Health.

(b) Administers and enforces laws and regulations concerning communicable diseases; immunization and vaccination of residents; provides health promotion clinics, investigation of all health-related complaints; action and reporting concerning premature-born infants; funeral directors and body art.

(c) Administers and enforces laws and regulations concerning fresh water and wastewater including: septic system installations, septage hauler, observation of test holes and percolation tests; disposal works construction, disposal works installer license; well construction installation and well destruction/removal.

(d) Administers and enforces laws and regulations concerning pollution control including: groundwater protection; for benefit of drinking water supply; wetlands protection, the protection of surface waters and shellfish resources from contamination; fuel and chemical storage systems regulations; inspect establishments possessing hazardous and/or toxic waste; garbage hauling.

(e) Administers and enforces laws and regulations concerning periodic inspections including: inspections of food establishments, swimming pools, year-round and seasonal rental units, saunas, horse stables.

(f) Administers and enforces laws and regulations concerning licensing, permitting and inspection of food establishments. Duties include: issuance of all licenses and permits in relation to food establishments including retail food, continental breakfast, frozen dessert, mobile food units.

(g) Licenses and inspects hotels, motels, camps, lodging houses and bed-and-breakfast establishments.

(3) Interrelationships.

(a) Town Manager. The Public Health Division’s interaction with respect to program approval, budget, expenditures, as well as enforcement activities of relevant federal, state and local laws, rules, regulations, codes.

(b) Other departments. The Public Health Division has extensive interaction with other divisions and departments. On a recurring basis, Public Health Division interacts with most municipal organizational components in pursuit of its objectives.

(c) Multiple member boards. The Public Health Division interacts with the Board of Health primarily to provide administrative, clerical, and technical support relative to promulgation of regulations and variance request reviews. Additionally, the Public Health Division reports on interpretation and implementation of Board of Health Page 28 of 41 regulations and policies relating to compliance levels and public and environmental health problems and concerns.

§ 241-47.22 (Reserved) § 241-47.23 (Reserved) § 241-47.24 (Reserved) § 241-47.25 (Reserved) § 241-47.26 (Reserved) § 241-47.28 (Reserved)

§ 241-47.29 Licensing Department.

A. Purpose. The Licensing Department seeks to protect the public interest through enforcement of laws and regulations relating to licensing and weights and measures of certain businesses.

B. Authorities and responsibilities.

(1) Licensing Department operates pursuant to applicable provisions of the Town Code and the following state laws: M.G.L. Chapters: 94, 95, 96, 97, 98, and 99 concerning weights and measures; M.G.L. c. 100 concerning auctions,; M.G.L. Chapters 136, 138, and 140 concerning licensing.

(2) Licensing Department provides administrative support, conducts inspections and compliance activities, and enforces laws and regulations regulating business entities licensed by the Town Manager and the Licensing Authority.

(3) Licensing Department is responsible for code compliance and enforcement of all laws pertaining to the sale of commodities by weight or measure, the inspection and testing of weighing and measuring devices, the operation and use of electronic retail checkout systems, the method of sale of commodities and the labeling of prepackaged commodities.

C. Interrelationships.

(1) Town Manager. Licensing Department interacts concerning administrative support, code compliance and enforcement of all licensing and issues relating to weights and measures, private parking lots, narrative bus tours, outdoor dining, taxi cabs and pedicabs.

(2) Other departments. Licensing Department interacts with the Police, Planning and Development, Inspectional Services, particularly as concerns licensing activities, and provision of measurement devices for various purposes. Other interaction is with the Town Clerk, Public Works and Tax Collector in provision of licensing and measurement devices activities for various purposes.

(c) Multiple member boards. Licensing Department in addition to full administrative and compliance support for the Licensing Authority, there may be basic interaction with various boards and committees with concurrent jurisdiction such as Site Plan Review, Board of Health and Zoning Board of Appeals,

§ 241-47. 30 (Reserved)

§ 241-47. 31 Marine and Environmental Affairs Department

A. Purpose. The Marine and Environmental Affairs Department provides services intended to protect the safety of people and vessels that use Town waterways and waterside facilities, to provide for the protection, preservation, and enhancement of the Town’s natural resources, including Sandy Neck, and to address animal control issues that threaten the health, welfare, and quality of life of our citizens.

Page 29 of 41 B, Authorities and responsibilities. Marine and Environment Affairs is responsible for enforcement and promulgation of mooring regulations, marina rules and regulations subject to approval of the Town Manager, the federal Clean Water Act, 333 U.S.C. § 1251 et seq (in conjunction with the United States Coast Guard) and Town ordinances concerning vessel use in public waters; enforcement of state boating laws; the placement and maintenance of the Town's private aids to navigation; approval of moorings; slip contracts and supervision of four Town marinas which operate as an enterprise account; inspection of Town ways to water; harbor patrols; and collection of fees and charges at various marinas, ramps, and for mooring permits. Public safety activities include the placement and maintenance of aids to navigation, compliance activities, emergency response activities and technical assistance to the Waterways Committee. It is responsible for the administration of programs and the enhancement and protection of resources relative to the Town property at the Sandy Neck Beach Park which operates as an enterprise account; programming relative to shellfish protection, propagation, and management pursuant to MGL c.130; implementation of conservation land management plans; herring run management; and provides assistance to federal, state, and other local agencies in projects of mutual concern. It enforces statutes (MGL c. 90B, 130, 131; MGL c. 266, § 113; and MGL c. 270, § 16), ordinances, rules and regulations relative to shellfish, fish and game, marine and recreational vehicles, conservation regulations, illegal disposal and taking of timber, berries, etc. It is responsible for answering complaints or other matters pertaining to animals within the Town; enforcement of all laws relating to the care, custody and control of dogs, pursuant to MGL c.140, § 136S through § 174; MGL c. 266, § 47; and MGL c. 272, § 77 through § 98;, and Chapter 24, Animals, Article I, Regulation of Dogs, of the Code of the Town of Barnstable.

C. Organizational components.

(1) Harbormaster Division. Harbormaster Division is responsible for administration and management of the Town waterways safety program, mooring program, and marina program including daily supervision of Town docks, moorings, boat ramps and Town waters. Each program promotes public safety for persons and property on the waterways and attempts to balance uses of limited resources.

(2) Natural Resources Division. Natural Resources Division is responsible for the protection, preservation, management and enhancement of the Town's natural and wetland resources as well as the promotion of public safety for persons, property and animals. Programs include Natural Resources, Shellfish, Sandy Neck Beach Park and Animal Control. The Natural Resources Program is responsible for the protection and enhancement of the Town’s natural resources, enforcement of laws relating to fish and game, marine and recreational use, land management and environmental laws. The Shellfish Program provides protection and enhancement of the Town’s shellfish resources including propagation and stocking projects. The goal of the Sandy Neck Program is to provide recreational opportunities and access to our town’s citizens and visitors while protecting the natural, cultural, and historic resources on Sandy Neck so that a long term, sustainable balance between use and conservation of these resources is achieved. Animal Control addresses animal control issues that threaten the health, welfare, and quality of life of our citizens.

D. Interrelationships.

(1) Town Manager. Marine and Environmental Affairs interacts with the Town Manager with respect to approval of rules and regulations relative to moorings and marinas, fees and charges resulting therefrom, and approval of rules and regulations, including, but not limited to, shellfish regulatory matters, fish and game, and all fees and charges resulting therefrom. Interaction further occurs relative to implementation of the Town's property and facilities management plan, approval of programs, budgets, expenditures, and other programs as necessary. Interaction also occurs through the Town Manager's responsibilities pursuant to state law and local ordinance concerning restraining orders, and disposition of dangerous dogs.

(2) Other departments. Marine and Environmental Affairs interacts with Conservation on waterway-related project applications and implementation of conservation land management plans, and land use; Recreation to maintain passive recreational facilities and placement of recreational devices; Public Works for land management maintenance and maintenance of Town landings, vehicle maintenance, and equipment use, erosion control projects, , snow fence construction, building maintenance, mapping, GIS; Police for law enforcement issues concerning complaint investigation, abandoned/recovered motor vehicles, land Page 30 of 41 search/rescue operations; Fire Districts for search and rescue operations, underwater search/recovery; Fire Districts and Health Division for oil spill cleanup and pollution response and investigation; Health Division for animal bites and quarantines; and Town Clerk for census, dog licensing matters and public records requests; Assessing and Collector concerning mooring permit issuance/boat excise tax; Information Technology for mapping and GIS, and any other department as may be needed from time to time.

(3) Multiple-member boards. It provides administrative and technical support to the Waterways Committee, to the Shellfish Committee, and to the Sandy Neck Board and interacts with the Conservation Commission, Recreation Commission, and other boards as necessary.

§ 241-47.32 (reserved) § 241-47.33 (reserved) § 241-47.34 (reserved) § 241-47.35 (reserved)

241-47.36 Planning and Development Department. [Added 5-4-2017 by Order No. 2017-141]

Purpose. The purpose of the Planning and Development Department is to preserve the character of the seven villages and improve the quality of life for Town residents by developing and implementing comprehensive land use strategies while promoting consistent, current, and sustainable community and economic development practices through a commitment to citizen engagement and the interdisciplinary coordination of municipal departments. The Department is comprised of six programs: Regulatory Review, Comprehensive Planning, Community Development, Economic Development, Conservation and Parking Management.

A. Regulatory Review.

(1) Purpose. The Regulatory Review Program provides professional planning advice and services to Town residents, the Town Manager and Town boards, commissions, committees and departments and assists in the implementation of the Town's ordinances and regulations relating to land use.

(2) Authorities and responsibilities. The Regulatory Review Program provides staff support, technical assistance and clerical services to the Planning Board, Zoning Board of Appeals, Old King's Highway Historic District Committee, Historical Commission, and Hyannis Main Street Waterfront Historic District Commission and Appeals Committee and provides general advice and assistance on day-to-day zoning, planning and historic issues to the public and other Town entities.

(3) Interrelationships.

(a) Town Manager. The Regulatory Review Program interacts directly with the Town Manager's office, primarily through the Assistant Town Manager, who provides direction and supervision.

(b) Other departments. In addition to the interdisciplinary approach and interrelationships which exist between the programs in the Planning and Development Department, interrelationships commonly exist with the Public Works, Legal and Inspectional Services Departments.

(c) Multiple-member boards. The Regulatory Review Program interacts with the Planning Board, Zoning Board of Appeals, Historical Commission, Old King's Highway Historic District Committee, Hyannis Main Street Waterfront Historic District Commission and Appeals Committee, Conservation Commission, Board of Health and other boards and commissions as requested.

B. Comprehensive Planning.

(1) Purpose. The Comprehensive Planning Program is responsible for identifying, analyzing and planning for the Town's long-term needs as they relate to population and demographic trends, commercial and economic Page 31 of 41 development, the preservation and enhancement of natural and historic resources and the provision of adequate public facilities and infrastructure, with the goal of recommending strategies, plans and legislation to promote sustainable development.

(2) Authorities and responsibilities. The Comprehensive Planning Program performs long-term professional planning for the Town, including the drafting of amendments to the zoning and general ordinances, the coordination of intergovernmental activities relating to planning issues, performing grant administration, and coordination of the Town's local comprehensive plan. In carrying out these duties it:

(a) Provides the Town with relevant data concerning its physical, social, economic and environmental future;

(b) Advises and assists all Town departments and agencies in the administration of their respective municipal functions and responsibilities as they relate to Town planning;

(c) Initiates and conducts studies of the resources and needs of the Town and its relationship with other towns in Barnstable County and its environs;

(d) Prepares plans and recommendations with regard to land use, population patterns and projections, siting of public works projects, economic development, and related matters;

(e) In conjunction with the other programs within the Planning and Development Department, analyzes proposals for housing, transportation, employment, public utility developments, recreation, parking and traffic circulation and related matters to assist the Town Manager and other Town agencies in the making of any recommendations, or rendering of any approvals, which they may be required to make concerning such matters;

(f) Distributes reports or plans in connection with planning and development issues, problems, policies and strategies;

(g) Coordinates with the Regional Planning Organization and other planning agencies of neighboring communities and other agencies and groups;

(h) Represents the Town to the Regional Planning Organization, recording and transmitting all municipal referrals of developments of Regional Impact, Districts of Critical Planning Concern, the Regional Policy Plan, coordinating the review of potential regional referrals through a management level review team working in conjunction with Inspectional Services and Public Works;

(i) Drafts, maintains, and updates the Local Comprehensive Plan (LCP) of the Town, including data and analyses, maps, surveys, and plans affecting the components of the Comprehensive Plan; goals, objectives, policies and strategies that implement the Comprehensive Plan; and coordination of functions and activities consistent with the Comprehensive Plan;

(j) Provides a wide array of data and analysis as part of the planning process. This data is coordinated with other Town departments to ensure that projects, functions and activities are consistent with the goals, policies, and strategies of the LCP; and

(k) Reviews state MEPA filings.

(3) Interrelationships.

(a) Town Manager. The Comprehensive Planning Program interacts directly with the Town Manager's office, primarily through the Assistant Town Manager, who provides direction and supervision.

(b) Other departments. The Comprehensive Planning Program in addition to the interdisciplinary approach and interrelationships which exist between the programs in the Planning and Development Department, interrelationships commonly exist with Public Works, Legal, and Inspectional Services Departments.

Page 32 of 41 (c) Multiple-member boards. Comprehensive Planning interacts with the Planning Board, Zoning Board of Appeals, Historical Commission, Old King's Highway Historic District Committee, Hyannis Main Street Waterfront Historic District Committee and Appeals Committee, Conservation Commission and Board of Health and other boards and commissions as requested.

(d) Outside agencies. Significant interrelationships exist between the Regional Planning Organization concerning regional policy planning, developments of regional impact, districts of critical planning concern, and other regional issues. Extensive interaction occurs with respect to the Executive Office of Energy and Environmental Affairs and its subsidiary land use and regulatory agencies, and other agencies as appropriate.

C. Community Development.

(1) Purpose. The objective of the Community Development Program is to provide leadership and expertise working with the community to assess housing needs, including the implementation of a comprehensive affordable housing plan for the residents of the Town. The Community Development Block Grant Program supports the provision of housing, economic opportunities, and a suitable living environment for low income and special needs populations.

(2) Organizational components.

(a) Community Development Block Grant (CDBG). The Town, through the federal Community Development Block Grant Program, receives funds annually from the United States Department of Housing and Urban Development and Economic Development. The Community Development Program oversees the Town's allocation of these funds based upon the Five-Year Consolidated Plan and the annual action plans developed under United States Department of Housing and Urban Development regulations.

(b) Accessory Affordable Apartment Program (AAAP). Administration and monitoring of the AAAP, a component of the Town's affordable housing plan. The main objective of this program is to use existing housing, to provide safe, legal and affordable housing units utilizing the Chapter 40B comprehensive permit process.

(c) Housing acquisition. Assists eligible public, quasi-public and private entities, such as the Barnstable Housing Authority, local nonprofit organizations, and private individuals to purchase existing housing units in order to maintain the units at affordable rents.

(d) Development of municipally owned vacant land. Identifying municipally owned parcels of land that may be suitable to develop affordable housing to provide further affordable housing opportunities for Barnstable residents.

(e) Development of privately owned land. Working with and providing technical assistance to private developers engaged in obtaining the necessary permits in order to provide affordable housing which meets the goals and objectives of the Town's Affordable Housing Plan.

(3) Interrelationships.

(a) Town Manager. The Community Development Program interacts directly with the Town Manager's office, primarily through the Assistant Town Manager, who provides direction and supervision.

(b) Other departments. In addition to the interdisciplinary approach and interrelationships which exist between the programs in the Planning and Development Department, interrelationships commonly exist with Public Works, Legal and the Inspectional Services Department.

(c) Multimember boards. Interaction with the Housing Committee, Planning Board, Zoning Board of Appeals and the Hyannis Main Street Waterfront Historic District Commission.

Page 33 of 41 (d) Other interactions. Community Development interacts with appropriate community agencies, groups and private enterprise as well as state agencies to seek effective accomplishment of goals and objectives.

D. Economic Development.

(1) Purpose. The Economic Development Program provides the leadership and expertise to develop and implement a comprehensive economic development plan based upon the economic development policies outlined in the Local Comprehensive Plan. In addition, the program aims to enhance and enrich the quality of life for the Town's residents through the coordination, enhancement and promotion and of arts and culture activities.

(2) Organizational components.

(a) Business development, retention and outreach. Activities providing business assistance, permitting guidance, and access to resources to encourage and promote business development and job creation. Supports opportunities for permit streamlining and zoning modernization in response to the needs of businesses.

(b) Outreach and Marketing. Promotes the Town of Barnstable as a premier location for business growth and expansion by supporting growth in key economic sectors; education and workforce development; and collaborative workspace/business incubators fostering scale-up business opportunities.

(c) Downtown Hyannis Growth Incentive Zone. Various activities to assist in promoting revitalization efforts includes providing staff support for the implementation of the Downtown Hyannis Growth Incentive Zone Strategic Plan as well as proposing methods for addressing related traffic and parking issues.

(d) Incentive programs. Promote access to local, state and federal incentive programs, including providing technical support and monitoring for the Economic Development Incentive Program, a state program that allows municipalities to provide tax incentives to new and existing businesses that make capital investments in their real estate and create jobs.

(e) Arts and culture. This activity recognizes arts and culture as a key economic driver for both the year-round and seasonal economies and as a medium to enrich the quality of life for the Town's residents. The arts and culture program seeks to increase access to the arts, enliven public spaces, and continue to enhance the Town’s status as a cultural destination through the implementation of innovative and diverse arts programs.

(3) Interrelationships.

(a) Town Manager. The Economic Development Program interacts directly with the Town Manager's office, primarily through the Assistant Town Manager, who provides direction and supervision.

(b) Other departments. In addition to the interdisciplinary approach and interrelationships which exist between the programs in the Planning and Development Department, interrelationships commonly exist with the Public Works, Legal, and Inspectional Services Departments.

(c) Multimember boards. Interaction with the Planning Board, Zoning Board of Appeals, Barnstable Economic Development Commission, Cultural Council, Historical Commission and the Hyannis Main Street Waterfront Historic District Commission.

(d) Other interactions. The Economic Development Program interacts with the Hyannis Main Street Business Improvement District, the Greater Hyannis Area and Cape Cod Chambers of Commerce, the Regional Planning Organization, community agencies, groups and private enterprise as well as state agencies to seek effective accomplishment of goals and objectives.

E. Conservation.

Page 34 of 41 (1) Purpose. The Conservation Program seeks to protect wetland and watershed resources and to set management direction for municipal properties held for conservation purposes.

(2) Authorities and responsibilities. The Conservation Program serves the Conservation Commission through the implementation of two primary objectives: regulatory and land management.

(b) With respect to regulatory matters, it administers and implements the State Wetland Protection Act (MGL c. 131, § 40) and the Town Wetland Protection Ordinance (Chapter 237 of the Code), which includes review of permit applications and issuance of permits subsequent to Conservation Commission decisions, recordkeeping, public assistance and enforcement.

(c) With respect to land management, it develops and updates land management plans for conservation lands under Conservation Commission jurisdiction within the Town for approval by the Conservation Commission.

(d) With respect to lake and pond management, the Conservation Program manages and protects the Town’s lakes and ponds through the implementation and monitoring of programs to address ecological impairments and restore water quality for the purposes of promoting healthy pond ecosystems, protecting human health, and supporting recreation and enjoyment.

(e) With respect to land acquisition, the Conservation Program assists in the evaluation of parcels for Town acquisition or disposition and implements Town policy dealing with conservation restrictions.

(f) The Conservation Program seeks to implement other objectives of the Local Comprehensive Plan and Open Space and Recreation Plan. The division implements a public environmental education agenda, particularly for elementary schools.

(3) Interrelationships.

(a) Town Manager. The Conservation Program interacts for the purpose of conservation facilities management, budgeting, program approval, expenditures, and staff support for Conservation Commission-related issues coming before the Town Council.

(b) Other departments. In addition to the interdisciplinary approach and interrelationships which exist between the programs in the Planning and Development Department, extensive interaction with other municipal components: interaction with Marine and Environmental Affairs in permit review and enforcement matters; interaction with Marine and Environmental Affairs and Public Works for the purpose of implementation of land management plans for property under the Conservation Commission’s jurisdiction; Assessing, Collector, and Treasurer with respect to tax title properties; Legal with respect to Commission representation on adjudicatory matters and land acquisition; Inspectional Services and Public Works for the purpose of lakes and pond management.

(c) Multiple-member boards. Interaction with the Conservation Commission for provision of administrative, clerical, and technical support.

F. Parking Management

(1) Purpose. The purpose of the Parking Management Program is to provide leadership and expertise on the development and implementation of comprehensive parking management policy and strategies in the context of a multi-modal system and integrated with overall land use, economic development, and transportation goals.

(2) Authorities and responsibilities.

(a) Parking Resource Management. Maximizes availability and accessibility of parking and transportation opportunities throughout the town; efficiently manages parking resources through planning, business Page 35 of 41 outreach, staff support, technical assistance, technology, and various compliance functions pursuant to Town Ordinances and MGL chapters concerning parking.

(b) Parking Enforcement. Provides administrative, clerical and technical support for collection and adjudication functions for the processing of parking citations, all municipal parking facilities, parking meters and technology, and enforcement of parking code compliance within the Town.

(c) Gateway Greeters. Connects people to places through the provision of visitor and resident services to support better utilization of the existing parking supply in support of Downtown Hyannis’ activity, economy and vibrancy. (3) Interrelationships.

(a) Town Manager. Access and Parking Management interacts directly with the Town Manager’s office primarily through the Assistant Town Manager, who provides direction and supervision.

(b) Other departments. In addition to the interdisciplinary approach and interrelationships which exist between the programs in the Planning and Development Department, interrelationships commonly exist with the Police, Public Works, Inspectional Services, Marine & Environmental Affairs, Community Services, Finance, Licensing, and Airport.

(c) Multiple-member boards. Interaction with the Disability Commission.

(d) Other interactions. Access and Parking Management interacts with the Hyannis Main Street Business Improvement District, the Greater Hyannis Area and Cape Cod Chambers of Commerce, community agencies and private enterprises as well as state agencies to seek effective accomplishment of goals and objectives.

§ 241-47. 31 (Reserved)

§ 241-47.32 Police Department. [Added 9-8-2005 by Order No. 2005-126]

The Police Department provides police services to all people within the Town with respect, fairness and compassion. The Department is under the administrative and operational control of the Chief of Police.

A.Purpose. The Police Department is committed to crime prevention; protection of life and property; preservation of peace, order and safety; the enforcement of laws and ordinances; and the safeguarding of constitutional guarantees. The Department seeks to enhance the Town's quality of life by investigating problems and incidents, seeking solutions and fostering a sense of security within the community. The Department also seeks to maximize survival of persons and preservation of property in the Town in the event of a natural or man-made disaster, nuclear or otherwise, by effective preplanning and by making use of all manpower, equipment, available shelter protection and other resources during an actual emergency. The Department is dedicated to providing a quality work environment and the development of its members through effective training and leadership.

B.Authorities and responsibilities.

(1)The Police Department acts pursuant to the authorities vested to Police Departments under MGL c. 41, §§ 97A and 98, as well as c. 31, as it concerns civil service. The Department is a full-service Department, responsible for all law enforcement within the jurisdiction of the Town of Barnstable. It maintains public relations with the media and community; and operates within the structure of an Administrative Services Bureau and a Field Services Bureau. It establishes procedures for recruitment, selection and training of all personnel to effectively maintain the public peace, safety and order through a variety of functions and activities.

(2)The Police Department functions as the Emergency Preparedness Department, consistent with the Acts of 1950, Chapter 639, § 13, as amended. The Department is responsible for coordinating and preplanning all disaster Page 36 of 41 emergency functions and services within the Town amongst all municipal and non-municipal agencies and departments on behalf of the Town Manager. The Department, in fulfilling this role, provides assistance to the Town Manager in a declared disaster emergency, and in further accordance with the Town's Emergency Operations Plan. The Chief of Police serves as the Director in this regard.

C.Interrelationships.

(1)Town Manager. As the appointing authority and the Chief Administrative Officer of the Town, the Police Department has extensive interaction with the Town Manager.

(2)Other departments. The Police Department interacts and coordinates with all other municipal departments, the schools, and the Barnstable Municipal Airport to ensure the highest level of service to the community. Particular interaction exists with Public Works, Information Technology, Legal, and Schools. The Department also maintains relationships with other local, regional, state, and federal law enforcement agencies.

§ 241-47.39 (Reserved)

§ 241-47.40 Public Works Department. [Added 9-8-2005 by Order No. 2005-126]

The Public Works Department consists of six divisions, Administration and Technical Support, Highway, Solid Waste, Structures and Grounds, Water Pollution Control and Water Supply. The Department is under the management control of the Director of Public Works.

A. Purpose. The Public Works Department's purpose is to protect, preserve and improve the Town's infrastructure and related assets in a manner which meets and enhances the current and future social and economic needs of the community; contributes to a healthy, safe and quality environment for the Town's citizens and its visitors; to provide water service to the Hyannis area; and a cost-effective and environmentally sound means of disposing of solid waste and wastewater.

B. Authorities and responsibilities. The Public Works Department operates pursuant to various state, federal and municipal laws including: MGL c. 21, §§ 26 through 53, c. 246 and CMR 314 pertaining to sewage treatment and disposal; 310 CMR, Section 19, governing solid waste disposal; c. 85 and 90 governing highway and bridge traffic control, financing and repair; c. 114 concerning management and financing of cemeteries; c. 7, c. 149, § 44, c. 30B which regulate procurements; c. 131, § 40 and 310 CMR, Section 10, governing wetlands protection.

C. Organizational components.

(1) Administration and Technical Support Division: provides centralized administrative and management support to the five other divisions and other Town departments. These services include policy and procedural guidance, program and capital planning, oversight of Division operations, procurement, personnel, asset management and budgetary management, community relations, and continuous liaison with the Town Manager. Also provides engineering, architectural, and surveying services in support of capital improvement and other projects.

(2) Highway Division: protect, maintain and improve the Town's roadway system, parking facilities and drainage facilities in a manner which promotes maximum life, improves traffic flow and enhances both pedestrian and vehicle safety; to provide fleet management and maintenance to Town vehicles and equipment; seasonally operate the drawbridge in Osterville; and manage snow and ice operations..

(3) Solid Waste Division: manages a residential solid and certain hazardous waste collection programs, including maintenance and monitoring of the capped sanitary landfill, a recycling and hazardous waste collection center; promotion of a recycling program; marketing of recyclable materials; manages a construction and demolition material transfer station for residents; and provides municipal packer collections services for municipal facilities and locations. Page 37 of 41 (4) Structures and Grounds Division: protect, enhance, and maintain the Town's municipal buildings, parks, marinas, recreational and community facilities and resources; manage construction, renovation, and maintenance of facilities with a high priority on energy-efficient and conservation; operate, manage and maintain Town cemeteries and interment program.

(5) Water Pollution Control Division: manages the wastewater collection and disposal system, including operation and maintenance of a secondary wastewater treatment plant and septage processing facility, wastewater pumping stations, and gravity and force sewage collection mains; operation of an industrial pretreatment program and a laboratory for testing the quality of septage and sewage; maintains an accounts receivable and billing system for sewer use.

(6) Water Supply Division: manages the drinking water supply, storage, and distribution system, including operation of water treatment facilities in the Hyannis area; maintains an accounts receivable and billing system for water supply.

D. Interrelationships. [Amended 1-19-2006 by Order No. 2006-057]

(1) Town Manager. In respect to the vast majority of activities, significant interaction is necessary.

(2) Other departments. As the Public Works Department services most departments, interaction is recurring, dependent upon the specific activity to be undertaken.

(3) Multiple-member boards. The Public Works Department provides technical and administrative support to the Public Works Commission, the Hyannis Water Board, the Water Pollution Control Board, and the Roads Committee.”

SPONSOR: Mark S. Ells, Town Manager

DATE ACTION TAKEN ______

______

___ Read Item ___ Rationale ___ Council Discussion ___ Move / Vote

Page 38 of 41

BARNSTABLE TOWN COUNCIL ITEM #2018-101 INTRO: 03/01/18

SUMMARY

TO: Town Council THROUGH: Mark S. Ells, Town Manager FROM: Ruth Weil, Town Attorney DATE: March 1, 2018 SUBJECT: Amendments to the Administrative Code relating to Article IV, Municipal Organization.

RATIONALE: The Fiscal Year 2019 Operating Budget proposes to make several changes to the Town’s organizational structure. This item amends the Administrative Code to align it with the proposed organizational structure. The Regulatory Services Department is proposed to be disestablished with the Weights and Measures and Licensing Programs remaining as a new department titled Licensing Department. The Conservation and Parking Management Programs are proposed to be placed in the Planning and Development Department. The Health Services Division is proposed to be placed in the Building Services Department and the department name changed to Inspectional Services Department. Marine and Environmental Services is proposed to be elevated from a Division of the Community Services Department to a new department titled Marine and Environmental Services Department. The Director of Property and Risk Management is proposed to work directly for the Town Manager’s office as an Asset Management program.

STAFF ASSISTANCE: Ruth Weil, Town Attorney

Page 39 of 41

B. NEW BUSINESS (May be acted upon)

BARNSTABLE TOWN COUNCIL

ITEM # 2018-102 INTRO: 03/01/18

2018-102 ACCEPTANCE OF A GRANT IN THE AMOUNT OF $3,000 FROM CAPE COD HEALTHCARE TO THE BARNSTABLE YOUTH COMMISSION’S YOUTH SUMMIT

RESOLVED: That the Town of Barnstable hereby accepts a grant in the amount of $3,000 from Cape Cod Healthcare for the Barnstable Youth Commission’s Youth Summit and does hereby authorize the Town Manager to contract for and expend said funds for that purpose.

SPONSOR: Town Manager Mark S. Ells

DATE ACTION TAKEN ______

______

___ Read Item ___ Rationale ___ Council Discussion ___ Move / Vote

Page 40 of 41

BARNSTABLE TOWN COUNCIL

ITEM # 2018-102 INTRO: 03/01/18

SUMMARY

TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: Lynne M. Poyant, Director of Community Services DATE: March 01, 2018 SUBJECT: Acceptance of grant in the amount of $3,000 from Cape Cod Healthcare to the Barnstable Youth Commission’s Youth Summit

RATIONALE: The Barnstable Youth Commission has received grant from Cape Cod Healthcare in the amount of $3,000. These funds will be used to fund programs at this year’s Seventh Grade Youth Summit and Community Substance Abuse Prevention Forum which will be held March 15 and 16, 2018.

For the past three years, the Barnstable Youth Commission successfully held its annual Seventh Grade Youth Summit and Community Substance Abuse Prevention Forum. These two events endeavored to brief students about the serious dangers of drug and alcohol abuse concerns whilst simultaneously educating parents and community leaders on the detrimental effects that they can have as well. The Youth Commission strived to locate speakers who were engaging, educated, and well-versed in their topics. The Commission specifically aimed to have speakers, for the students, who did not lecture for lengthy periods of time and got them actively involved in the subject matter. Following the widespread success and media coverage of the summit, the Youth Commission planned to continue the event for the indefinite future. In order to get all students together at the same time, the Youth Commission moved the events to Cape Cod Community College. As it is the College’s vacation week, the Youth Commission has full use of the College Campus. The Youth Summit is a full school day of activities with provided lunch for all Youth Summit participants.

The Barnstable Youth Commission is extremely grateful for the generous gift from Cape Cod Healthcare.

FISCAL IMPACT: There is no immediate financial impact to the Town’s operating budget as a result of accepting this grant.

STAFF ASSISTANCE: Patti Machado, Recreation Director; Lt. Jean Challies, Barnstable Police Department

Page 41 of 41

Town of Barnstable

www.townofbarnstable.us/PlanningBoard

Board Members Mary Barry, Chair Stephen Helman, Vice Chair Steven Costello, Clerk Paul R. Curley David Munsell Fred LaSelva Jeffrey Swartz Town Council Liaison – John T. Norman Planning & Development Dept. Staff Elizabeth Jenkins, AICP, Director - [email protected] Anna Brigham, Principal Planner - [email protected] Karen Herrand, Principal Assistant - [email protected]

February 26, 2018 Barnstable Town Hall, 367 Main Street, Hyannis, MA, Selectman’s Conference Room, 2nd Floor at 7:00 p.m. Meeting notice previously filed with Town Clerk

Call to Order: Introduction of Board Members and Staff Members Notice of Recording: This meeting is being recorded and broadcast on Channel 18 and in accordance with MGL Chapter 30A §20. The Chair must inquire whether anyone else is taping this meeting and to please make their presence known.

Approval Not Required:

Application for an Approval Not Required Plan entitled “Approval Not Required Plan of Land – 1520 Iyannough Road & 1582 Iyannough Rd, Hyannis, MA”, dated February 16, 2018, prepared for The Cape Cod Five Cents Savings Bank, prepared by Shane M. Mallon, PLS. Copy of the plan, application and associated documents enclosed.

Application for an Approval Not Required Plan entitled “Approval Not Required Being a Subdivision of Lot 69 & 70 Land Court Plan 11542-10”, for 166 & 172 Peppercorn Lane, Cotuit, MA, dated February 8, 2018, prepared for Dunhill Development, by Shane M. Mallon, PLS. Copy of plan, application and associated documents enclosed.

2018 Downtown Hyannis Growth Incentive Zone The Town of Barnstable Planning Board will hold a public hearing on a revised draft of the Downtown Hyannis Growth Incentive Zone application.

The Town is seeking to designate the Downtown Hyannis Growth Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and Chapter G of the Cape Cod Commission regulations. A revised draft of the proposed GIZ application is available for viewing at the Planning & Development Department Offices at the 3rd Floor of Town Hall and at 200 Main Street or online at www.townofbarnstable.us/PlanningandDevelopment/2018giz. The Planning Board will accept public testimony on the application at the hearing; or comments may be submitted to the Planning Board at 200 Main Street, Hyannis.

The Downtown Hyannis Growth Incentive Zone (GIZ) was 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; as extended by an Agreement to Extend Town of Barnstable Downtown Hyannis Growth Incentive Zone to October 6, 2017 between the Cape Cod Commission and the Town of Barnstable executed on December 14, 2015 and as further extended by a second Agreement to Extend to April 4, 2018 between the Cape Cod Commission and the Town of Barnstable executed on October 6, 2017.

Regulatory Agreements:

Housing Assistance Corporation seeks to enter into a Regulatory Agreement with the Town of Barnstable to construct three residential structures with a total of eight units with a total floor area of 6,564 square feet, at 57 Ridgewood Avenue, Hyannis. The property is zoned SF – Single Family Residential District and is shown on Assessor’s Map 328 as Parcel 091. The Applicant proposes to construct two (2) two-bedroom units and six (6) one-bedroom units. Two of the one-bedroom units will be affordable units for households with income at or below 80% of Area Median Income and the remaining six will be market rate. An existing deteriorated foundation on the site will be removed. Continued from February 12, 2018.

Zoning Amendments:

Proposed Zoning Amendment: TC Item No. 2018-053 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to Revise Regulations for Family Apartments. The proposed amendments would: remove year-round occupancy requirements; revise what size apartments require review by the Zoning Board of Appeals; allow for detached family apartments by variance; and allow expanded options related to removal of an apartment. Copies of TC Order and Rationale; existing family apartment regulations enclosed.

Matters Not Reasonably Anticipated by the Chair:

Future Meetings: Regularly Scheduled Meetings: March 12 and March 26, 2018, @ 7:00 PM.

Please Note: The list of matters are those reasonably anticipated by the chair, which may be discussed at the meeting. Not all items listed may be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. It is possible that if it so votes, the Board may go into executive session. The Board may also act on items in an order other than they appear on this agenda.

* Public files are available for viewing during normal business hours at the Planning Board, Planning & Development Department, 200 Main Street, Hyannis, MA. Copies of Votes from Planning Board and Town Council

On March 5, 2018, the Town of Barnstable Planning Board voted 4-2 to propose the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, dated February 20, 2018 as a Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manager, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission. Draft meeting minutes are enclosed.

On March 1, 2018 the Town Council voted unanimously on Item 2018-100. A copy of the vote is enclosed.

Town of Barnstable

www.town.barnstable.ma.us/PlanningBoard

Board Members Mary Barry – Chair Stephen Helman – Vice Chair Steven Costello - Clerk Paul R. Curley David Munsell Fred LaSelva Jeffrey Swartz John Norman – Town Council Liaison Planning & Development Dept. Staff Support Elizabeth Jenkins, AICP, Director Paul Wackrow, Principal Planner Karen Herrand – Principal Assistant - [email protected]

Town of Barnstable PLANNING BOARD Minutes March 5, 2018

Mary Barry – Chairman Present Stephen Helman – Vice Chairman Absent Steven Costello - Clerk Present Paul Curley Present David Munsell Present Fred LaSelva Present Jeffrey Swartz Present

Also in attendance were Elizabeth Jenkins, Director, Paul Wackrow, Principal Planner and Karen Herrand, Principal Assistant, Planning & Development Dept. Notice of Recording: This meeting is being recorded and broadcast on Channel 18 and in accordance with MGL Chapter 30A §20. The Chair must inquire whether anyone else is taping this meeting and to please make their presence known.

2018 Downtown Hyannis Growth Incentive Zone The Town is seeking to designate the Downtown Hyannis Growth Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and Chapter G of the Cape Cod Commission regulations. A revised draft of the proposed GIZ application is available for viewing at the Planning & Development Department Offices at the 3rd Floor of Town Hall and at 200 Main Street or online at www.townofbarnstable.us/PlanningandDevelopment/2018giz.

The Downtown Hyannis Growth Incentive Zone (GIZ) was 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; as extended by an Agreement to Extend Town of Barnstable Downtown Hyannis Growth Incentive Zone to October 6, 2017 between the Cape Cod Commission and the Town of Barnstable executed on December 14, 2015 and as further extended by a second Agreement to Extend to April 4, 2018 between the Cape Cod Commission and the Town of Barnstable executed on October 6, 2017.

Continued from the February 26, 2018 Planning Board meeting. The public hearing has been closed. The Planning Board may vote, through the Barnstable Town Manager, to propose a Growth Incentive Zone designation and to submit an application for Growth Incentive Zone designation to the Cape Cod Commission. 1

Chair Mary Barry entertains a motion to move that the Planning Board vote to propose the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, commonly known as the GIZ, dated February 20, 2018, as the Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manage, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission, seconded by Steve Costello;

Chair Mary Barry asks for any discussion?

Fred LaSelva states that he has about eight motions that he would like to propose, associated with the GIZ, based on public comment and changes he feels are important to the GIZ.

Chair Mary Barry asks for a vote for the motion presently on the floor.

David Munsell interjects - asks for a point of order.

Jeff Swartz directs to Elizabeth Jenkins and asks for clarification that this was approved by Town Council last Thursday as written?

Elizabeth Jenkins replies correct. There were a number of minor amendments that got incorporated into the Town Council’s motion.

Fred LaSelva states that he had planned on putting motions in place to alter the document, this has been preempted, how to include these to change the document?

Elizabeth Jenkins clarifies that this is ok for discussion, this is a policy/planning document.

Paul Curley suggests possibly amending the motion as they move along.

Fred LaSelva – pg. 6, Summary of Strategies - he would like to add in build the infrastructure to support the diversification of economy in Downtown Hyannis to include employment opportunities, knowledge and tech based so that Hyannis becomes a center of innovation, purpose to address the seasonality and sustainability and environment in the GIZ. This would have been his first motion

Chair Mary asks for clarification if these motions were what was reviewed with Elizabeth Jenkins on Friday? Are these new? Were these mentioned at the last Planning Board meeting?

Fred LaSelva states no they were not. He stated that he had mentioned that he would be making motions at this meeting. He found the meeting on Friday with Staff extremely frustrating. He confirms that these proposed motions have not been brought up previously/at previous meetings.

Fred LaSelva would like to amend the document as a policy document that would serve the Town in a way that once policy in place will be difficult to amend.

Elizabeth Jenkins directs to Fred LaSelva, clarifies that this is a living document. It will continue to evolve and change. This is the beginning of a strategic plan/implementation process.

Fred LaSelva asks why not allowed to make proposed motions to amend items in this document?

Steve Costello interjects that he doesn’t think the timing is appropriate. The reality is the Cape Cod Commission and their involvement is really a bigger picture item. Clarification of Elizabeth Jenkins point that this is a beginning, this isn’t a one and done. This can be changed.

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Fred LaSelva states that he disagrees with the process. We should be able to propose, discuss, amend motions.

Steve Costello replies that we can discuss things post vote.

Jeff Swartz clarifies that he thinks what Fred LaSelva would like to put on the table – this does open the door. He thinks this document would allow change.

David Munsell takes this as an insult, this meeting was to discuss the GIZ, insulted that our Chair opened the meeting with a motion to adopt this.

Chair Mary Barry clarifies/directs to David Munsell that she made a motion. What we had agreed to at our last meeting was we went through a public hearing, Board discussion and then agreed to work with Fred and his comments, which you said that you agreed with and with the luxury of having Staff, we worked through edits and now we are ready for a vote. We had many public hearings. Opinion and supposition does not go into the document.

David Munsell states that no one ever questioned the purpose of the GIZ and how written. He thought this meeting was for discussion.

Jeff Swartz asks if David Munsell is aware of what happened at Town Council meeting last Thursday?

David Munsell replies, yes, they voted to approve. Procedurally Planning Board normally sends to Town Council with our recommendation.

Chair Mary Barry clarifies that this is to send it to Town Manager, not to Town Council.

Elizabeth Jenkins clarifies that this is an important point, there is no requirement for the sequence of the vote, unusual in this respect. This goes to Town Manager/report to Town Manager.

Fred LaSelva states that factually there is a very big gap here, the Steamship Authority, is not in the document, the Hy-Line ridership numbers, half a million people are not in this document. How to correct this? Appendix D. Hyannis Parking Study.

Elizabeth Jenkins clarifies that the Parking Study has been completed, still going through implementation.

Fred LaSelva states he is totally unsatisfied with the process. He thinks we are not being allowed to do our statutory responsibility, we are not being allowed to do this based on the motion on the floor.

Vote for Motion on the floor:

Chair Mary Barry entertains a motion to move that the Planning Board vote to propose the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, commonly known as the GIZ, dated February 20, 2018, as the Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manage, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission, seconded by Steve Costello;

Chair Mary Barry, Steve Costello, Paul Curley, and Jeff Swartz - Yes vote. Fred LaSelva and David Munsell – No vote.

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The Motion passes by a 4 to 2 vote.

Paul Curley asks what the process is now – Mark Ells for signature?

Elizabeth Jenkins confirms that the document is forwarded to the Town Manager who will be the one to submit the application to the Commission, which will be submitted for a hearing on March 22nd . The Assembly will take a vote on the Chapter G regulations on the 21st.

Paul Curley confirms, just an application, the actual certificate will lay out what we can do.

Elizabeth Jenkins replies yes. Should Commission vote to approve the application, the document will result in a Decision that will grant the specific relief, from DRI thresholds , and structure to evaluate and continue to evaluate measures/goals.

Paul Curley confirms no changes to the Special Permit Granting Authority re Planning Board?

Elizabeth Jenkins answers that this is part of the local zoning, no changes here for the local regulatory process, only with the Commission’s jurisdiction.

Motion entertained by Chair Mary Barry to adjourn, moved by Paul Curley, seconded by Steve Costello, so voted to adjourn; Chair Mary Barry, Paul Curley, Steve Costello and Jeff Swartz. Fred LaSelva and David Munsell abstain.

Matters Not Reasonably Anticipated by the Chair:

Future Meetings: Regularly Scheduled Meetings: March 12 and March 26, 2018, @ 7:00 PM.

The meeting adjourned at 7:22 p.m. .

Respectfully Submitted ______By Karen Herrand, Principal Assistant, Planning Board

Approved by vote of the Board on______Further detail may be obtained by viewing the video via Channel 18 on demand at http://www.town.barnstable.ma.us

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