Town of Barnstable, MA Article III Multiple-Member Appointive Organization

§ 241-8 Offices and standards.

A. Generally. This describes all standing multiple-member body appointments made by the Barnstable Town Council, and further delineates manner and time of appointment and terms of appointment generally, and authorities, responsibilities and interrelationships with the other sections of the organization. Town of Barnstable representatives to regional governmental boards and committees shall, unless the organic law establishing such a committee provides otherwise, be appointed by the Town Council.

B. Standing committees and ad hoc committees.

(1) This article of the Administrative Code lists and describes all current standing committees of the Town. The Barnstable Town Council may establish additional standing committees of the Town, based upon passage, by a majority vote of its members, of an ordinance creating said standing committee. Organic ordinances establishing standing committees shall specify the following: membership, term of office, authorities and responsibilities, and interrelationships with both the Town Council and other agencies within the organization.

(2) The Barnstable Town Council may from time to time, based upon passage by a majority vote of its membership, establish ad hoc committees to assist the Town Council in carrying out the Council's responsibilities. Ad hoc committees shall be limited to a particular subject area and serve only in that capacity for a specific period of time.

C. Term of office. The terms of office of multiple-member boards are arranged so that 1/3 of the terms, as nearly as is possible, shall expire each year. A vacancy shall be filled by the Town Council for the remainder of the term, except when vacancies occur involving a majority of the members of a multiple-member board which conducts adjudicatory hearings, then the Town Council may make interim appointments for a period not to exceed six months while permanent members are sought to fill the remainder of the term. Length of office is three years, except as noted. Appointments are effective the first of July, and expire the 30th of June. Numbers of members for boards will vary. The Town Council shall annually evaluate all members subject to reappointment. Members may be removed for cause, subject to an investigation and hearing by the Town Council, pursuant to the Charter, Section 2-10.

[Amended 9-4-2008 by Order No. 2009-016]

D. Annual reports. All multiple-member boards of the Town of Barnstable shall prepare annual reports of their activities and submit same to the Town Manager for inclusion in the Annual Report of the Town, on or before the fourth Friday in January. The annual report shall describe calendar-year activities for the year ending each December 31. Where required by state and/or federal regulations, certain boards shall be required to submit copies of their annual reports to appropriate state and/or federal agencies.

E. Multiple-member board internal organization. Each multiple-member board shall, at a minimum, annually elect from its membership a chair, vice chair and clerk. Boards may further elect a treasurer, and such other officer or officers as are deemed necessary or as is required by statute. The annual election shall occur in July of each year, or as near after appointment of new members by the Town Council. The Town Council shall be notified of the officers of the board upon their election. The chair shall preside over all meetings of the board, and shall be the official representative of the board in all proceedings before the Town Council and other officials of the Town. The vice chair shall perform the chair's functions, in the absence of the chair. The clerk shall be responsible for the certification of the board's meeting minutes, observance of the public records law, and maintenance of other records of the board.

F. Time and place of meetings. The clerk of each board shall be responsible for notifying the Town Clerk and the Town Council on or before the first of January of the regularly scheduled board meeting times and dates for the ensuing calendar year. The notification shall also include a location for each regular meeting. This shall not prevent boards from calling special meetings in addition to those regularly scheduled, provided that, in all instances, standards of the Open Meeting Law are followed. The Town Clerk shall ensure posting of all meeting schedules, consistent with the Open Meeting Law.[1] No multiple-member board shall schedule a regular meeting which conflicts with a regularly scheduled meeting of the Town Council.

[1] Editor's Note: See MGL C. 39, § 23B.

G. Authority to establish subcommittees. Each multiple-member board may, by a majority vote of its membership, establish subcommittees of the board for the purpose of addressing a particular issue or issues. A report of their activities shall regularly be made to the full board. Each subcommittee so established shall observe laws relevant to the keeping of public records, the Open Meeting Law, and any other laws as prescribed by the Barnstable Town Charter, by ordinance or by law.

H. Multiple-member board meetings with Town Council. Annually at reorganization, the President and Vice President shall designate each Councilor as the Council liaison to one or more of the multiple-member bodies, after taking into consideration the preferences of each Councilor. Each multiple-member body shall have such a liaison relationship with the Council. The chairman of each multiple-member board shall annually, upon election, meet with the member of the Town Council to which the board is assigned a reporting relationship, for the purpose of defining an appropriate reporting relationship during the ensuing fiscal year. The meeting should review the following minimum areas: frequency and method of reporting, official or officials responsible for reporting, transmittal of monthly and quarterly summaries of board actions, and board and Council committee roles in development of legislation and/or policy of interest to the board.

[Amended 2-2-1995 by Order No. 95-072]

I. Authority of standing committees.

(1) Standing committees may be:

(a) Advisory: wherein the committee has no legal authority to promulgate rules or regulations, decide individual cases or enact policy;

(b) Regulatory: wherein the committee has legal authority to promulgate rules and regulations, decide individual cases and enact policy;

(c) Ministerial: wherein the committee has legal authority to take actions which are essentially administrative in nature; or

(d) Combinations of advisory, regulatory, and ministerial.

(2) Standing committees shall be defined in the manner noted.

J. Eligibility for service. Any registered voter of the Town of Barnstable, except a permanent full-time municipal employee of the Town, is eligible to be appointed to a standing committee of the Town. Only where expressly authorized by the Barnstable Town Charter, the Town Administrative Code, ordinance or general law shall a permanent full-time municipal employee be appointed by the Town Council for service on a standing committee. This limitation shall not apply to ad hoc committees as further defined in Subsection B of this § 241-8. Membership on a standing committee of the Town shall terminate forthwith upon the members ceasing to be a resident of the Town or otherwise ceasing to be a registered voter, unless explicitly excused from the foregoing residence and voter requirements of the Town.

[Amended 8-15-1996 by Order No. 97-017]

§ 241-9 Council on Aging.

A. Term of office. There shall be a Council on Aging consisting of three member classifications: nine regular members, one alternate member, and two associate members. The alternate member may serve on committees and will have voting rights at meetings if there is an absence of a regular member. Associate members may serve on committees,but have no voting privileges if a regular member is absent.

[Amended 10-14-1999 by Order No. 00-026; 8-16-2007 by Order No. 2008-002; 2-25-2016 by Order No. 2016-074]

B. Authorities and responsibilities. The purpose of the Council on Aging is to advocate for and to meet the needs of the elderly people residing in the Town of Barnstable. The Council on Aging surveys the elderly population to better determine their needs problems and concerns. It develops criteria for program and supportive services development based upon an assessment of needs and participates in programs offered by the commonwealth's Department of Elder Affairs. The Council on Aging is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Council on Aging interacts with the Town Council in the matter of developing policies and legislation concerning itself with the issues and needs facing the elderly within the Town. The Council on Aging interacts primarily with the Council Committee on Human Resources, in order to regularly apprise said Committee on current activities and concerns of the Council on Aging.

(2) Town Manager: The Council on Aging interacts with the Town Manager and the administrative organization primarily through the Senior Services Division of the Community Services Department, the latter whom provides administrative staff support to the Council on Aging. The Council on Aging provides advisory information to the Senior Services Director concerning program and supportive service delivery as well as financial management issues.

§ 241-10 Airport Commission.

A. Term of office. There shall be an Airport Commission consisting of seven members, appointed for three-year terms, provided that no more than three members' terms shall expire in any one year.

[Amended 10-4-2001 by Order No. 2002-021]

B. Authorities and responsibilities.

(1) The Airport Commission is responsible for the custody, care and maintenance of the Barnstable Municipal Airport, as well as ensuring a safe and efficient operation under pertinent rules and regulations. The Commission operates under the authorities provided to airport commissions pursuant to MGL C. 90, by the Barnstable Town Charter, ordinance, and by any other state and/or federal rules and regulations governing airports. The Airport Commission is a regulatory and ministerial committee of the Town.

(2) The Airport Commission appoints an Airport Manager who is the executive officer of the Commission, and may also appoint an assistant airport manager. The Airport Commission may, consistent with state procurement regulations, let or lease land areas at the airport for up to 20 years, determine charges or rentals for property, facilities, installations, landing fees and services, and determine the terms and conditions for such charges. Subject to the approval of the Town Council, the Airport Commission may let or lease for longer periods.

(3) The Airport Commission is authorized to expend any funds granted by the Town, state or federal government for airport purposes and may make contracts for the maintenance, operation, construction, enlargement and improvement of the airport pursuant to the laws of the commonwealth governing the making of such contracts.

(4) The Airport Commission shall adopt rules and regulations for the use of the airport or for the safety of the public upon or beyond the limits of the airport under its control. Such rules and regulations must be approved by the Massachusetts Aeronautics Commission and published in the same manner that ordinances are required to be published.

(5) If the Airport Commission obtains an offer for a grant of federal funds, it shall designate the Massachusetts Aeronautics Commission as its agent to receive federal monies and receipt therefor in its behalf, and shall enter into an agreement with the Massachusetts Aeronautics Commission prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and applicable laws of the commonwealth.

(6) The Airport Commission may invite bids for any contract involving the acquisition, establishment, construction, enlargement, protection, equipment, maintenance or operation of its airport, and shall submit every such proposed contract to said Massachusetts Aeronautics Commission for approval. After approval has been given, the Airport Commission may award such contracts, subject to availability of appropriation.

(7) The Airport Commission assumes all other responsibilities and authorities granted pursuant to MGL C. 90, and pertinent state and/or federal regulations. It establishes all policies concerning personnel and fixes compensation rates for personnel through Commission decision or negotiations, with compensation rates subject to appropriation.

C. Interrelationships.

(1) Town Council: The Airport Commission interacts with the Town Council in the matter of developing policies and legislation concerned with the issues and problems inherent in the operation and maintenance of the Barnstable Municipal Airport. The Airport Commission interacts primarily with the Council Committee on Finance in order to regularly apprise the Committee on current activities and concerns of the Airport Commission.

(2) Town Manager: The Airport Commission interacts with the Town Manager and the administrative organization primarily through the Airport Manager, the latter whom serves to interact with all other administrative personnel within the Town for the purpose of maintaining and managing the airport's personnel, financial management, informational, and other management systems. Regular interaction shall involve the departments of Administrative Services, Police, the Divisions of Health, Conservation, within the Department of Regulatory Services, and Public Works; as well as the Fire and Water Districts. The Town Manager meets with the Commission as necessary, for review of financial, collective bargaining, informational and other administrative matters.

§ 241-11 Zoning Board of Appeals.

A. Term of office. There shall be a Zoning Board of Appeals consisting of five members and up to four associate members.

[Amended 8-15-1991 by Order No. 92-05]

B. Authorities and responsibilities. The Zoning Board of Appeals hears and decides individual cases brought by persons seeking land use relief; all as provided for in MGL Chapter 40A, §§ 7 through 17, and the Zoning Ordinance of the Town.[1] The Zoning Board of Appeals is an advisory and regulatory committee of the Town. The Board acts as a board of appeals on matters of subdivision control under the applicable sections of MGL Chapter 41, §§ 81M, 81Y, 81Z, 81AA, 81BB; and decides on comprehensive permits pursuant to the provisions of MGL Chapter 40B, §§ 20 through 23, provided that with respect to comprehensive permits issued under Chapter 9, Article II, of the Code, said permits shall be determined after hearing by a Hearing Officer appointed in conformity with § 241-47.5E of this chapter, and provided further that the Hearing Officer shall be appointed by the Town Manager from among the regular members of the Zoning Board of Appeals and s/he shall be compensated for serving as Hearing Officer.

[Amended 4-5-2001]

[1] Editor's Note: See Ch. 240, Zoning.

C. Interrelationships

(1) Town Council: The Zoning Board of Appeals interacts with the Town Council in the matter of developing policies and legislation concerned with the issues and problems of comprehensive zoning within the Town. The Zoning Board of Appeals interacts primarily with the Council Committee on Planning and Development in order to regularly apprise the Council on current activities and concerns of the Zoning Board.

(2) Town Manager: The Zoning Board of Appeals interacts with the Town Manager and the administrative organization primarily through the Planning Department, the latter which serves to interact with all other administrative agencies within the Town for the purpose of providing professional assistance to the Board in the areas of land use planning, site plan review, zoning, engineering and the law.

(3) Other boards: As occasioned, the Zoning Board of Appeals interacts with either the Planning Board, Conservation Commission, Old Kings Historic District Committee, the Board of Health, the Historical Commission, the Economic Development Commission, the Licensing Authority, and the Public Works Commission, in order to effectuate accomplishment of the Board's responsibilities.

§ 241-12 Cultural Council.

[Amended 9-23-1993 by Order No. 93-130]

A. Term of office. There shall be a Cultural Council, to consist of 11 members. Members shall have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, or interpretive sciences.

[Amended 5-1-1997 by Order No. 97-125]

B. Authorities and responsibilities. The Cultural Council decides the distribution of arts lottery funds or other funds that may be available to it and may also conduct other activities to promote and encourage the arts, humanities, or interpretive sciences. The Cultural Council operates pursuant to the provisions of MGL C. 10, § 58, as amended. The Cultural Council is an advisory and ministerial committee of the Town.

C. Interrelationships.

(1) Town Council: The Cultural Council interacts with the Town Council for the purpose of discussing policies and legislation designed to promote and encourage the arts with the Town. The Cultural Council interacts primarily with Council Committee on Human Resources for this purpose.

(2) Town Manager: The Cultural Council interacts with the Town Manager for the purpose of receiving administrative support, financial assistance, utilization of property for the purpose of sponsoring art exhibits, displays and related administrative activities.

[Amended 8-19-1993 by Order No. 93-130]

§ 241-13 Board of Assessors.

A. Term of office. There shall be a Board of Assessors consisting of three members.

B. Authorities and responsibilities. The Board of Assessors annually make a fair cash valuation of all of the estate, both real and personal, subject to taxation within the Town. They annually determine the annual tax rate necessary to meet all sums voted by the Town. They hear and decide all questions relating to the abatement of taxes levied by it. They have all of the other powers, duties and responsibilities which are given to Boards of Assessors by general laws. The Board of Assessors is an advisory and regulatory committee of the Town.

C. Interrelationships.

(1) Town Council: The Board of Assessors interacts with the Town Council for the purpose of annually providing the Council with the necessary classification rate information for the holding of classification hearings, to include exemption recommendations, as well as to advise the Town Council on legislative and policy matters concerning valuation, classification, abatements, and otherwise. The Board of Assessors interacts primarily with the Council Committee on Finance, in order to advise on the aforementioned issues.

(2) Town Manager: The Board of Assessors interacts with the Town Manager primarily through the Assessing Division of the Administrative Services Department, the latter which performs the necessary administrative functions necessary to implement the Board's determinations. The Town Manager otherwise provides support as requested or required by law.[1]

[1] Editor's Note: Original Section 7.00, Building Code Board of Appeals Board, which immediately followed this section, was deleted 2-19-1998 by Order No. 98-067.

§ 241-14 Cable Television Advisory Committee.

A. Term of office. There shall be a Cable Television Advisory Committee consisting of five members.

B. Authorities and responsibilities.

(1) The Cable Television Advisory Committee advises the Town Manager on matters relating to the licensing and supervision of a contract for cable television services in the Town consistent with MGL Chapter 166A. Consistent with the cable television contract, the Committee may be designated by the Town Manager to exercise certain authorities under the contract.

(2) The Committee acts as a sounding board for citizen complaints and suggestions relating to the cable television services and shall, under the direction of the Town Manager, refer subscriber complaints to the cable operator for appropriate resolution. The Committee meets not less than once each quarter for the purpose of reviewing cable contract compliance, and advising on other licensing matters. The Cable Television Advisory Committee is an advisory committee of the Town.

(3) The Committee further advises and otherwise assists the Town Manager in establishing rules and regulations for development, servicing, and delivery of public, educational and government (PEG) television policies.

[Added 5-4-2017 by Order No. 2017-141]

C. Interrelationships.

(1) Town Council: The Cable Television Advisory Committee interacts with the Town Council for the purpose of advising the Town Council on matters relating to issues and legislation concerning cable television matters.

(2) Town Manager: The Cable Television Advisory Committee interacts with the Town Manager, and otherwise provides advice and recommendations to the Manager in the matter of licensing for the cable contract and establishing rules and regulations for the development, servicing, and delivery of PEG television policies. The Community Services Department provides staff support to the Committee, when requested, in order to effectuate efficient management of the cable license and PEG policies.

[Amended 5-4-2017 by Order No. 2017-141]

§ 241-15 Conservation Commission.

A. Term of office. There shall be a Conservation Commission consisting of seven members.

B. Authorities and responsibilities.

(1) The purpose of the Conservation Commission is to protect, promote and enhance the quantity and quality of the natural resources within the Town, especially wetlands, wildlife and water resources; through planning, acquisition, land management, regulation, scientific research and public education. The Commission may conduct researches into its local land areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes. The Conservation Commission is an advisory and regulatory committee of the Town.

(2) The Conservation Commission may receive gifts, bequests or devises of personal property or interests in real property in the name of the Town, subject to approval of the Town Manager. The Commission may receive monetary gifts for development of a Conservation Fund, and expend the same, subject to the General Laws and the approval of the Town Manager.

(3) The Conservation Commission is responsible for the implementation of the provisions of MGL Chapter 131, § 40, in protecting floodplains, sea coasts and other wetlands within the Town, and Chapter 237, Wetlands Protection, of the Code of the Town of Barnstable.

(4) The Conservation Commission is responsible, with the Recreation Commission, for development and adoption of the Town's Open Space and Recreation Plan, subject to Town Council approval. The Commission may adopt policies and promulgate land management plans for properties of the Town reserved for conservation purposes.

C. Interrelationships.

(1) Town Council: The Conservation Commission interacts with the Town Council for the purposes of developing policies and legislation for the Town designed to protect, promote and enhance the quantity and quality of the natural resources within the Town. The Commission interacts primarily through the Council Committee on Planning and Development in furtherance of these objectives.

(2) Town Manager: The Conservation Commission interacts with the Manager in all matters relating to the receipt of gifts, bequests or devises of personal property or interests in real property in the name of the Town. Administrative support to the Commission is primarily through the Conservation Division of the Regulatory Services Department which coordinates the activities of other administrative departments in order to ensure effectiveness of the Commission's deliberations.

(3) Other boards: As occasioned, the Conservation Commission interacts with the Planning Board, Zoning Board of Appeals, Old Kings Historic District Committee, the Board of Health, and the Historical Commission, in order to effectuate accomplishment of the Commission's mission.

§ 241-16 (Reserved) [1]

[1] Editor’s Note: Former § 241-16, Economic Development Commission, as amended, was repealed 10-18-2018 by Order No. 2019-033.

§ 241-17 Housing Committee.

[Amended 8-21-1997 by Order No. 97-156; 2-1-2018 by Order No. 2018-058]

A. Term of office. There shall be a Housing Committee, composed of five regular members, plus two alternate members. The alternate members shall have voting rights at meetings if there is an absence of a regular member or members. The regular and alternate members may include, but shall not be limited to, individuals who fall into any of the following categories or affiliations: banking industry, real estate, industry, housing authority, minority groups, single head of household, private developers, nonprofit civic groups and tenants' associations.

B. Authorities and responsibilities. The Housing Committee facilitates the coordination of the factors that affect equal access to housing and issues relating to the development of affordable housing and functions as the Town's local housing partnership for the Commonwealth's Local Initiative Program. The Committee also provides advice to the Town Council regarding the Town's policies and programs for meeting its requirements under MGL c. 40B, §§ 21 through 23. The Housing Committee is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Housing Committee interacts with the Town Council to provide advice to the Council regarding policies and programs aimed at increasing the Town's supply of a diverse housing stock to meet the documented housing needs of its residents and meeting its requirements under MGL c. 40B, §§ 21 through 23. The Committee meets annually, or more frequently as is necessary, with the Town Council to apprise the Town Council of issues pertaining to affordable housing and to discuss policies to effectuate fair and affordable housing in the Town.[1]

[1] Editor's Note: See Ch. 9, Affordable Housing.

(2) Town Manager: The Housing Committee interacts with the Manager to provide advice regarding policies and program aimed at meeting its requirements under MGL c. 40B, §§ 20 through 23, and for increasing the Town's supply of a diverse housing stock to meet the documented housing needs of its residents. The Manager provides staff support to the Committee through the Planning and Development Department, and other appropriate staff.

(3) Other boards: The Housing Committee meets as necessary with the Planning Board, Zoning Board of Appeals, Conservation Commission, Board of Health, Historical Commission, Old King's Highway Historic District Committee, and the Housing Authority, to ensure compliance with the fair and affordable housing policies of the Town.

§ 241-18 Comprehensive Financial Advisory Committee.

[Amended 12-16-1993 by Order No. 94-001]

A. Term of office. There shall be a Comprehensive Financial Advisory Committee, consisting of nine members. The terms shall be for three years so arranged so an equal number shall expire each year.

[Amended 10-22-1998 by Order No. 99-023; 11-2-2006 by Order No. 2007-041]

B. Authorities and responsibilities.

(1) The Comprehensive Financial Advisory Committee provides financial advice to the Town Council on the yearly operating budget for all Town agencies, which includes the school budget as adopted by the School Committee.

(2) The Comprehensive Financial Advisory Committee provides financial advice to the Town Council and to the Town Manager on matters of long-range financial planning.

(3) The Comprehensive Financial Advisory Committee is responsible for advising the Town Manager on the annual preparation of the Town's capital improvement plan. It prepares a report to the Town Council on said annual capital improvement program and participates in public hearings called for review of this program.

C. Interrelationships.

(1) Town Council: The Comprehensive Financial Advisory Committee interacts with the Town Council.

(2) Town Manager: The Comprehensive Financial Advisory Committee interacts with the Manager for the purpose of providing advice and exchanging information in matters of operational budgeting, capital budgeting, and long-term financial forecasting.

§ 241-19 Golf Committee.

[Amended 4-6-2000 by Order No. 2000-086; 7-17-2003 by Order No. 2004-009; 2-3-2011 by Order No. 2011-049]

A. Composition. There shall be a Golf Committee consisting of at least seven members appointed through nominations by the Appointments Committee.

B. Authorities and responsibilities. The Golf Committee is advisory to the Town Manager relative to the operation of the municipal golf courses. The Committee advises on the establishment of course policies, rules and regulations. The Town Manager retains authority over the personnel and financial matters for the proper operation of the courses, including the setting of the rates; however, the Town Manager seeks the Committee's recommendations on rates. The Committee provides advice to the Town Manager in the preparation of the operating and capital budgets for the municipal courses. The Golf Committee is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Golf Committee interacts with the Town Council in order to discuss matters of municipal golf course policies, rules, and regulations.

(2) Town Manager: The Golf Committee interacts with the Manager for the purposes noted herein, seeking to ensure that the Manager remains apprised of the needs of the municipal golf courses. The Manager provides staff support to the Committee through the Golf Section of Community Services Department, Recreation Division.

D. Term of office. Terms are three years, staggered dates of expiration so that no more than three expire each year.

§ 241-20 Disability Commission.

[Amended 9-23-1993 by Order No. 93-130]

A. Term of office. There shall be a Disability Commission consisting of not more than 11 members. A majority of the persons appointed shall consist either of persons with disabilities or persons in an immediate family of a person with a disability or persons who have extensive experience in the field of disabilities, and one member shall be an employee of the Town. The Commission may appoint two alternates.

B. Authorities and responsibilities. The Disability Commission seeks to research local problems of people with disabilities; advise and assist municipal officials and employees in ensuring compliance with state and federal laws and regulations that affect people with disabilities; coordinate or carry out programs designed to meet the problems of people with disabilities in coordination with programs of the Massachusetts Office on Disability; review and make recommendations about policies, procedures, services, activities and facilities of departments and boards of the Town as they affect people with disabilities; provide information, referrals, guidance and technical assistance to individuals, public agencies, businesses and organizations in all matters pertaining to disability; and coordinate the activities of other local groups organized for similar purposes. The Commission may draft rules and regulations concerning disabled persons needs and issues, for adoption by the Town Manager and Town Council. The Commission may receive gifts of property, both real and personal, in the name of the Town, subject to approval of the Town Manager, such gifts to be managed and controlled by the Commission. The Disability Commission is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Disability Commission interacts with the Town Council to advise the Council on policies designed to meet the needs of the disabled. The Commission interacts primarily with the Council Committees on Human Resources and Planning and Development.

(2) Town Manager: The Disability Commission interacts with the Manager to ensure that Town programs and activities, as well as facilities, seek to improve and enhance service to the disabled, as well as come into compliance with state and federal standards concerning same. The Commission receives administrative support through the Human Resource Department.

(3) Other boards: The Disability Commission interacts with the Planning Board, Zoning Board of Appeals, Conservation Commission, Board of Health, Historical Commission, Old King's Highway Historic District Committee, Public Works Commission, Housing Authority, and to ensure compliance with relevant laws, rules and regulations concerning disabled persons.

[Amended 1-20-2005 by Order No. 2005-038]

§ 241-21 Board of Health.

A. Term of office. There shall be a Board of Health consisting of five regular members, one of whom shall be a physician, plus one alternate member. The alternate member shall have voting rights at meetings if there is an absence of a regular member.

[Amended 7-16-2009 by Order No. 2010-002; 10-21-2021 by Order No. 2022-025]

B. Authorities and responsibilities. The Board of Health seeks to preserve and maintain the Town's public health standards and protect its environmental resources by educational means and by strict enforcement of various regulations, ordinances, State Health Codes, General Laws, in particular MGL Chapter 111, and federal law. The Board carries out duties and responsibilities assigned by either state or local legislation, as these primarily concern public health standards and protection of environmental resources. The Board establishes policies and programs for implementation by the Health Department. The Board of Health is an advisory and regulatory committee of the Town.

C. Interrelationships.

(1) Town Council: The Board of Health interacts with the Town Council concerning issues related to the public health of the Town. The Board interacts primarily with the Council Committees on Planning and Development and Human Resources to discuss policies and legislation in regard to public health.

(2) Town Manager: The Board of Health interacts with the Town Manager for the purpose of ensuring that administrative staff in the Health Division of the Regulatory Services Department carry out the implementation of the Board's rules, regulations, and decisions. The Manager meets periodically with the Board so as to ensure that administrative staff support is effective.

(3) Other boards: As necessary, the Board interacts with other boards within the Town on issues of concern to the public health, including the Planning Board, Conservation Commission, Old Kings Historic District Committee, the Barnstable Housing Authority, the Historical Commission, the Economic Development Commission, the Licensing Authority, and the Public Works Commission.

D. Office space. The Town Manager shall provide a suitable office for the Board of Health in the Town Office Building, and all books, records and documents pertaining to the doings of the Board, properly indexed, shall be kept on file in said office for convenient inspection by the Town officials and the Board's successors in office.

[Added 1-20-2005 by Order No. 2005-038]

§ 241-22 Historical Commission.

[Amended 11-5-1992 by Order No. 93-026]

A. Term of office. There shall be a Historical Commission consisting of seven regular members and one alternate. The alternate shall have voting rights at meetings only in the absence of a regular member.

[Amended 8-2-2012 by Order No. 2013-002]

B. Authorities and responsibilities.

(1) The purpose of the Historical Commission is to preserve, protect, and develop the historical and archaeological assets of the Town. The Commission may conduct research for places of historic and archaeological value, and shall cooperate with the State Archaeologist in conducting such research. It seeks to coordinate the activities of unofficial bodies organized for similar purposes and may, subject to appropriation and approval by the Town Manager, advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which it deems necessary for its work.

(2) The Historical Commission, for the purpose of protecting and preserving such places may make such recommendations as it deems necessary to the Town Council, and, subject to the approval of the Town Council, to the Massachusetts Historical Commission, that any such place be certified as an historical or archaeological landmark.

(3) The Historical Commission may hold hearings, may recommend to the Town Manager execution of contracts with individuals, organizations and institutions or services furthering the objectives of its program, may recommend to the Town Manager execution of contracts with local or regional associations for cooperative endeavors furthering its program, and may, with the approval of the Town Council, accept gifts, contributions and bequests of funds from individuals, foundations and from federal, state or other governmental bodies for the purpose of furthering its programs. The Commission may recommend to the Town Manager acquisition of property by gift, purchase, grant, bequest, devise, lease or otherwise a fee or lesser interest in real or personal property of significant historical value and, upon approval by the Town Manager, may be directed to manage the same, may make and execute any agreement and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of this section.

[Amended 8-2-2012 by Order No. 2013-002]

(4) The Historical Commission surveys and compiles a listing of all historical sites and buildings within the Town, public and private; determines the functions and structures of all historical organizations within the Town; and holds correlative seminars with historical organizations. It further determines the requirements for repair, reconstruction, and protection of historical landmarks and assists and cooperates with public commissions in the conduct of public historical events. The Historical Commission is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Historical Commission interacts with the Town Council to advise the Council on policies and legislation concerning the preservation, protection and development of historical or archaeological assets in the Town. The Commission interacts primarily with the Council Committee on Planning and Development.

(2) Town Manager: The Historical Commission interacts with the Manager primarily for the purposes outlined in order to effectuate publication of its activities and/or acquisition of interests in historical properties within the Town. Principal agencies are the Planning and Development Department, Regulatory Services Department (Conservation and Building Services Divisions), and Public Works. Administrative support is provided to the Commission through the Planning and Development Department.

[Amended 8-2-2012 by Order No. 2013-002; 5-4-2017 by Order No. 2017-142]

(3) Other boards: The Historical Commission shall, with respect to matters or actions affecting the historical or archaeological assets of the Town, coordinate with state boards and agencies, including, but not limited to, the Massachusetts Historical Commission, the State Archaeologist, the Cape Cod Commission, planning committees and interact with respect to such matters or actions with Town boards and agencies existing now or in the future, including, but not limited to the Planning Board, Zoning Board of Appeals, Old Kings Highway Historic District Committee, Public Works Commission, Conservation Commission, Sandy Neck Board, Board of Health, the Barnstable Housing Authority, other district governments, and the Site Plan Review Committee as necessary in order to better coordinate the activities of these boards in instances where properties of either a historical or archaeological value are under consideration by these boards.[1]

[1] Editor's Note: Original Section 18.00, Industrial Development Finance Authority, which immediately followed this section, was deleted 5-21-1998 by Order No. 98-120.

§ 241-23 John F. Kennedy Memorial Trust Fund Committee.

A. Term of office. There shall be a John F. Kennedy Memorial Trust Fund Committee consisting of five members, one of whom shall be the Town Manager, and one of whom shall be the Chairman of the Recreation Commission with the other trustees appointed at large.

[Amended 11-7-1991 by Order No. 92-43; 7-18-2002 by Order No. 2003-003]

B. Authorities and responsibilities. The John F. Kennedy Memorial Trust Fund Committee has broad general powers to use the income and principal received by the trust at their discretion in the field of youth activities within the Town. The Committee may make recommendations to the Town Manager regarding the establishment and maintenance of youth activities programs it fosters and the Kennedy Memorial. The Committee may grant scholarships to Barnstable High School graduates. The Committee acts pursuant to the Acts of 1971, Chapter 34. The funds shall be invested in the manner provided by MGL Chapter 44, § 54, and in further accordance with the trust policy of the Town. The John F. Kennedy Memorial Trust Fund Committee is a ministerial committee of the Town.

C. Interrelationships.

(1) Town Council: The Committee annually reports its activities to the Council, through the Council Committee on Human Resources.

(2) Town Manager: The Committee interacts with the Town Manager for the purposes outlined, and receives administrative support from the Manager in accordance with the accomplishment of its duties.

§ 241-24 Town Library Committee.

A. Term of office. There shall be a Town Library Committee consisting of 14 members, two from each library, to be composed of individuals nominated by the boards of each of the seven libraries of the Town. Terms of office shall be for one year.

[Amended 12-2-1993 by Order No. 94-072-T]

B. Authorities and responsibilities. The Town Library Committee has no independent authority within the Town's municipal operations, but serves primarily to be the body which the Town interacts with for the purpose of the Town's financial assistance to the libraries. The Committee represents to the Town, the interests, issues, and concerns of the libraries of the Town. The Town Library Committee is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Committee meets annually with the Council Committee on Human Resources for the accomplishing the purposes described herein.

(2) Town Manager: The Committee meets as necessary with the Manager for the purposes outlined, and further, in order to participate in the annual budget process.

§ 241-25 Licensing Authority.

A. Term of office. There shall be a Licensing Authority consisting of three members and not more than three associate members. They shall not be engaged, directly or indirectly, in the manufacture or sale of alcoholic beverages and shall be voters of the Town. If any member or associate member of said board engages directly or indirectly in such manufacture or sale, his or her office shall immediately become vacant.

[Amended 11-3-2005]

B. Authorities and responsibilities. The Licensing Authority may grant licenses relating to alcoholic beverages under Chapter 138 of the General Laws and those licenses under Chapter 140 of the General Laws which are not, by the provisions of said chapter, placed within the jurisdiction of another municipal officer or agency, and shall have all the powers and duties of a licensing authority under said chapters. The Licensing Authority is an advisory and regulatory committee of the Town.

C. Interrelationships.

(1) Town Council: The Licensing Authority annually reports to the Council the Authority's activities, with recommendations as necessary concerning issues relative to Chapter 138 and Chapter 140 licensing within the Town.

(2) Town Manager: The Licensing Authority interacts with the Town Manager for the purposes of receiving administrative support for its deliberations and responsibilities, to include but not be limited to the office of the Town Manager, including the licensing program within that office, Legal and Health.

[Amended 6-17-2021 by Order No. 2021-160]

§ 241-26 Old King's Highway Historic District Committee.

A. Term of office. There shall be an Old King's Highway Historic District Committee consisting of five members. At least one of the members shall be an architect, who need not be a resident of the district. In the event an architect is not available for service, a building contractor with not less than five years' experience in the building trades may be appointed a member, in lieu of the architect. The offices of the Committee, except that of the architect, shall be filled by the election at a meeting of registered voters residing in the district held annually at the call of the Town Council, one to two months prior to expiration, consistent with district regulations concerning elections. The terms of members shall be four years, so arranged that the term of one member expires each year. The office of architect shall be appointed annually by the Town Council. The Town Council may, upon the nomination and approval of the Committee, annually appoint one person residing in the district to serve as an alternate member. Vacancies occurring in the Committee other than by expiration shall be filled by appointment by the Town Council.

B. Authorities and responsibilities.

(1) The Old King's Highway Historic District Committee is the Town of Barnstable's delegation to the Old King's Highway Regional Historic District. The local Committee seeks, along with the Regional Commission, to promote the educational, cultural, economic, aesthetic and literary significance through the preservation and protection of buildings, settings and places within the boundaries of the regional district and through the development and maintenance of appropriate settings and the exterior appearance of such buildings and places, so as to preserve and maintain the regional district as a contemporary landmark compatible with the historic, cultural, literary and aesthetic tradition of Barnstable County, as it existed in the early days of Cape Cod. The district within the Town is all land area north of the mid-Cape Highway (Route 6), bounded further by Sandwich on the west, and Yarmouth on the east. The Committee is an advisory and regulatory committee of the Town, pursuant to the Old King's Highway Regional Historic District Act, as established by the Acts of 1973, Chapter 470, as amended.

(2) The Committee acts in accordance with the Acts of 1973, Chapter 470, as amended, and the Rules and Regulations of the Regional Commission. The Committee holds hearings. The Committee determines the appropriateness of exterior architectural features of buildings and structures to be erected within the district; passes upon the demolition or removal of any building or structure or any part thereof; determines the appropriateness of the erection or display of occupational, commercial or other signs and billboards within the district wherever a certificate of appropriateness is required.

C. Interrelationships.

(1) Town Council: The Old King's Highway Historic District Committee interacts with the Town Council to ensure Town policy and legislation of interest to the district is preserved and enhanced. The primary interaction occurs with the Council Planning and Development Committee.

(2) Town Manager: The Old King's Highway Historic District Committee interacts with the Town Manager primarily to receive administrative and financial assistance in pursuit of the Committee's activities. The Committee receives such assistance through the Planning Department. The Committee further receives enforcement assistance through the Building Services Division of the Regulatory Services Department, and other Town agencies as appropriate.

(3) Other boards: The Old King's Highway Historic District Committee interacts with the Zoning Board of Appeals, Planning Board, Conservation Commission, the Board of Health, the Historical Commission, the Economic Development Commission, the Licensing Authority, and the Public Works Commission, in order to effectuate accomplishment of the Board's responsibilities.

§ 241-27 (Reserved) [1]

[1] Editor's Note: Former § 241-27, Personnel Board, was repealed 6-21-2018 by Order No. 2018-155.

§ 241-28 (Reserved)

§ 241-29 Planning Board.

A. Term of office. There shall be a Planning Board consisting of seven members.

B. Authorities and responsibilities. The Planning Board makes recommendations to the Town Council with regard to any changes in the Zoning Ordinance of the Town.[1] The Board is responsible for the regulation of subdivisions within the Town pursuant to MGL Chapter 41, §§ 81A through 81GG.[2] It renders advice concerning land use planning to the Town Council. The Planning Board is an advisory and regulatory committee of the Town.

[1] Editor's Note: See Ch. 240, Zoning.

[2] Editor's Note: See Ch. 801, Subdivision Regulations.

C. Interrelationships.

(1) Town Council: The Planning Board interacts with the Town Council, principally through the Council Committee on Planning and Development concerning items related to zoning, subdivisions, land use planning.

(2) Town Manager: The Planning Board interacts with the Manager by receiving administrative support, primarily through the Planning Department, Public Works Department and Town Attorney's office.

(3) Other boards: The Planning Board interacts with the Zoning Board of Appeals, Conservation Commission, Board of Health, Old King's Highway Historic District Committee, Historical Commission, Disability Commission, Economic Development Commission, and Public Works Commission in furtherance of its responsibilities.

§ 241-30 Infrastructure and Energy Committee.

[Added 7-19-2018 by Order No. 2018-177[1]]

A. Term of office. There shall be an Infrastructure and Energy Committee consisting of seven regular members. Members of the Infrastructure and Energy Committee shall serve for terms of three years, so arranged that as equal a number of terms as possible shall expire each year.

B. Authorities and responsibilities. The Infrastructure and Energy Committee is a standing committee serving as an advisory board to the Town Council, Town Manager and Department of Public Works. The Committee's charge is to:

(1) Provide the Town Manager and the Director of Public Works with recommendations concerning the development of rules and regulations for the maintenance and sanitary operation of the solid waste transfer station, water pollution control facilities, public roads, bridges, sidewalks, parking lots, parks, bulkheads, docks, Town landings, beaches, playgrounds, recreation and conservation areas, cemeteries, Town forests, and public buildings, excluding schools.

(2) Recommend viable methods for achieving energy conservation and for utilizing renewable sources of energy within the Town.

(3) Promote energy efficiency programs available through the Cape Light Compact in residential and commercial sectors.

C. Interrelationships.

(1) Town Council: The Infrastructure and Energy Committee interacts with the Town Council to advise the Council on those policies and legislative matters concerning public works and energy conservation and renewable energy activities within the Town.

(2) Town Manager: The Infrastructure and Energy Committee provides the Manager with recommendations in order to accomplish and effectuate its mission.

(3) Other boards: The Infrastructure and Energy Committee interacts, as necessary, with any Town board requiring or requesting assistance in matters of public works and energy conservation and renewable energy activities in the Town.

[1] Editor's Note: This order also repealed former § 241-30, Public Works Commission, as amended.

§ 241-31 Recreation Commission.

A. Term of office. There shall be a Recreation Commission consisting of seven members.

B. Authorities and responsibilities. The Recreation Commission advises and otherwise assists the Town Manager in the establishment of rules and regulations concerning the use of all playground and athletic fields and the municipal ice rink, including those under the jurisdiction of the School Committee except during the regular school year or at other times when such facilities are reserved for use for Town of Barnstable school activities. The Commission further advises and otherwise assists the Town Manager in establishing rules and regulations for development, servicing, and delivery of recreational activities in the Town. The Recreation Commission is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Recreation Commission interacts with the Town Council to advise the Council relative to the establishment of policies and legislation concerning recreational programming within the Town. The Commission interacts primarily with the Council Committee on Human Resources for this purpose.

(2) Town Manager: The Recreation Commission interacts with the Town Manager to ensure that rules and regulations concerning playgrounds, the ice rink, athletic fields, beaches and the development and delivery of recreational activities are effective. The Commission receives administrative support from the Community Services Department for this purpose.

(3) Other boards: The Recreation Commission interacts with the Conservation Commission, Sandy Neck Board, Golf Course Committee, Public Works Commission, Historical Commission, JFK Memorial Trust Fund Committee, and other boards as necessary.

§ 241-32 Board of Registrars of Voters.

A. Term of office. There shall be a Board of Registrars of Voters consisting of the Town Clerk and three other persons. Members of the Board shall be appointed so that they represent the two leading political parties, and in no case shall an appointment be made as to cause a board to have more than two members, including the Town Clerk, of the same political party. Every such appointment shall be made from a list to be submitted by the Town committee of the political party from the members of which the position is to be filled, containing the names of three enrolled members of such party resident in the Town, selected by a majority vote at a duly called meeting of such committee.

B. Authorities and responsibilities. The Board of Registrars hold voter registration sessions, certify the signatures on nomination papers and petitions, hold hearings and decide disputes over signatures on nomination papers, prepare an annual list of persons, and all other duties as cited in MGL Chapter 51. The Board of Registrars is a regulatory and ministerial committee of the Town.

C. Interrelationships.

(1) Town Council: Interaction with the Town Council is minimal; the main function of the Board of Registrars concerns itself with elective matters. The Council Committee on Ordinances meets with the Board at its convenience so as to ensure conformity by the Town with statutory matters concerning elective issues.

(2) Town Manager: Interaction with the Manager is primarily in the form of providing staff assistance through the employment of poll workers, ballot counters, supervision and facilities for the conduct of electoral matters.

§ 241-33 Sandy Neck Board.

A. Term of office. There shall be a Sandy Neck Board consisting of seven members. One shall be a member of the Recreation Commission, one shall be a member of the Conservation Commission, with the other five members appointed at large. In the event that an insufficient number of members of such commissions are willing to serve, the Town Council may appoint any resident to the respective conservation or recreation seats, and it shall be the duty of members so appointed to communicate and coordinate the work of the Board with the respective commissions.

B. Authorities and responsibilities.

(1) The Sandy Neck Board provides the Town Manager with advice relative to the management, control and jurisdiction of real and personal property at Sandy Neck, for the purposes of preservation, conservation, education and passive recreation such as hiking, horseback riding, swimming, hunting, camping and fishing. The Sandy Neck Board is an advisory committee of the Town.

(2) Consistent with the foregoing purposes, the Sandy Neck Board is authorized to recommend to the Town Manager the adoption of rules and regulations for the public health, safety and convenience with respect to the use by the public of Sandy Neck, such regulations to be adopted only after a public hearing held by the Town Manager in a manner prescribed by ordinance.[1]

[1] Editor's Note: See Ch. 177, Sandy Neck, and Ch. 601, Sandy Neck Barrier Beach.

C. Interrelationships.

(1) Town Council: The Sandy Neck Board interacts with the Town Council to ensure that Town policies and legislation serve to protect and preserve the natural resources at Sandy Neck. The Board interacts primarily with the Council Committee on Planning and Development for this purpose.

(2) Town Manager: The Sandy Neck Board interacts with the Manager for the purposes of ensuring that all management, control and jurisdiction of real and personal property at Sandy Neck, for the purposes of preservation, conservation, education and passive recreation is effectively performed. The Board receives administrative support through the Community Services Department, Sandy Neck Section of the Recreation Division.

(3) Other boards: The Board interacts with the Conservation Commission, Historical Commission, Recreation Commission, Board of Health, and the Public Works Commission concerning a variety of activities at Sandy Neck.

§ 241-34 Scholarship Committee.

A. Term of office. There shall be a Scholarship Committee consisting of five members: the Superintendent of Schools or his designee, a member of the Town Council and three members at large. As Trustee, the Town Manager shall serve as an ex officio member.

B. Authorities and responsibilities.

(1) The Scholarship Committee recommends the award of financial aid in the form of scholarships to Barnstable residents to the Town Manager, acting in full accordance with the Acts of 1985, Chapter 267, Sections 1 and 2. The Scholarship Committee utilizes, as much as practicable, the full net income received from the scholarship fund. The Scholarship Committee is an advisory committee of the Town.

(2) In selecting the recipients of financial aid from the Barnstable Scholarship Fund, the Scholarship Committee is be guided by the following criteria:

(a) The recipients of financial aid must be residents of the Town who have been accepted to pursue education beyond the secondary school level at an institution deemed accredited by said committee.

(b) Said committee shall also take into consideration each recipients financial need, character, scholastic record, and involvement in community work as well as extracurricular activities.

(c) A recipient may be interviewed if deemed necessary by said Scholarship Committee prior to the award of any financial aid.

C. Interrelationships.

(1) Town Council: The Scholarship Committee interacts with the Town Council to advise the Council of Scholarship Recipients each year. The Committee interacts primarily with the Council Committee on Human Resources for this purpose.

(2) Town Manager: The Scholarship Committee interacts with the Town Manager to recommend scholarship fund recipients. The Manager, as Trustee, shall authorize their award based on the Committee's recommendations.[1]

[1] Editor's Note: Original Section 30.00, which immediately followed this section, was deleted 8-21-1997 by Order No. 97-156.

§ 241-35 Trust Fund Advisory Committee.

A. Term of office. There shall be a Trust Fund Advisory Committee consisting of seven members. Two of the members shall have a background in finance and government, two shall have a background in human services, one shall be an attorney with a background in trusts and estates, one shall be a member of a village civic association, and one shall be a member at large.

B. Authorities and responsibilities. The Trust Fund Advisory Committee is responsible for advising the Town Manager with respect to all issues which arise relating to the management and administration of the trusts of the Town, including investments, disbursements, and compliance with the terms thereof. The Committee may be a resource to be available to persons who wish to make gifts of money or property in trust to the Town, to facilitate such gifts. The Committee is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Trust Fund Advisory Committee interacts with the Town Council for the purpose noted. Interaction is primarily through the Council Committee on Human Resources.

(2) Town Manager: The Trust Fund Advisory Committee interacts with the Town Manager for the purpose noted. Interaction is primarily through held between the Committee and Manager to discuss all trust activity of the Town. The Town Manager, as Trustee for most Town trusts, provides direct administrative support to the Committee.

§ 241-36 (Reserved) [1]

[1] Editor's Note: Former § 241-36, Water Pollution Control Board, was repealed 7-19-2018 by Order No. 2018-177.

§ 241-37 Waterways Committee.

A. Term of office. There shall be a Waterways Committee consisting of five members: the Town Manager or his or her designee, the Harbormaster and three resident taxpayers of the Town of Barnstable to be appointed by the Town Council, for three year terms, so arranged that the term of one such resident taxpayer members shall expire each year.

[Amended 1-20-2005 by Order No. 2005-038]

B. Authorities and responsibilities.

(1) The Waterways Committee studies, plans and makes recommendations regarding the development, protection, maintenance and improvements of the foreshores, jetties, breakwaters, channels, wharves, bulkheads, docks, piers, slips, marinas, Town landings, launching ramps and other marine improvements of interest to the Town. The Waterways Committee is an advisory committee of the Town.

(2) The Waterways Committee recommends to the Town Manager, the promulgation of rules, regulations, and fees to be charged for the use of Town owned waterfront piers, bulkheads, slips and marinas, for sale of fuel and oil and the furnishing of water or other utilities or service to boats using Town owned waterfront piers, bulkheads, slips and marinas.

(3) The powers and duties of the Waterways Committee shall apply only to the facilities under the jurisdiction of the Town Manager.

C. Interrelationships.

(1) Town Council: The Waterways Committee interacts with the Town Council to advise the Council on the establishment of policies and legislation concerning the Town's waterways as noted above. The Committee interacts primarily with the Council Committee on Planning and Development for this purpose.

(2) Town Manager: The Waterways Committee interacts with the Town Manager for the purpose of providing the Manager with advice and recommendations concerning rules and regulations relative to waterways facilities under the jurisdiction of the Manager. Administrative support shall principally be through the Harbormaster Division of the Regulatory Services Department.

(3) Other boards: The Waterways Committee interacts with the Conservation Commission, Sandy Neck Board, Board of Health, Recreation Commission and others, in order to seek assurances that the waterways of the Town are properly protected and managed as a natural resource.

§ 241-38 Water Quality Committee.

A. Term of office. There shall be a Water Quality Committee consisting of seven members.

B. Authorities and responsibilities. The Water Quality Committee is responsible for providing the Town Manager and Town Council with advice and information necessary to ensure the protection of the quality and quantity of water within the Town. It serves as a source of information to water suppliers, it acts as the Town's liaison on water issues with other Towns, it provides a forum for resolution of multi-jurisdictional concerns and conflicts involving ground- , surface and coastal water quality and assists in preparation of ordinances and regulations concerning water quality within the Town. The Water Quality Committee is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Water Quality Committee interacts with the Town Council to advise the Council on those policies and legislative matters concerning water quality and quantity within the Town. The Committee interacts primarily with the Council Committee on Planning and Development for this purpose.

(2) Town Manager: The Water Quality Committee interacts with the Manager primarily by receiving administrative support through the Planning Department, and additional support through the Public Works Department and the Regulatory Services Department, Health and Conservation Divisions.

(3) Other boards: The Water Quality Committee interacts with the Zoning Board of Appeals, the Planning Board, the Conservation Commission, the Board of Health, the Old King's Highway Historic District Committee, the Historical Commission, the Economic Development Commission, the Waterways Committee and the Public Works Commission in furtherance of its responsibilities.

§ 241-38.A Barnstable Municipal Water Supply Board.

[Added 1-19-2006 by Order No. 2006-05; amended 10-5-2006 by Order No. 2007-032; 11-17-2011 by Order No. 2012-028; 7-20-2023 by Order No. 2023-197]

A. There is hereby established a Barnstable Municipal Water Supply Board, which shall consist of five members who are ratepayers of Hyannis Water, the water supply operation administered by and through the Water Supply Division of the Department of Public Works, appointed by the Town Manager for three-year overlapping terms. Two members of said Board will be owners of Hyannis business property located in Hyannis Water, served by the Hyannis Water System, and three members of said Board shall be residents of Hyannis in the area served by Hyannis Water. Said Board shall be responsible for the oversight of the Water Supply Division of the Department of Public Works and shall have the authority, subject to the authority and responsibility of the Town Manager and the Town Council under the Charter, to:

(1) Review and approve the operating budget for the Division;

(2) Review and approve the capital outlay plan and budget for the Division;

(3) Organize itself into subcommittees as needed;

(4) Review and approve the rate schedules for the Division;

(5) Prepare an inventory and master plan for all assets of the Water Supply Division, including all real and personal property acquired from the Connecticut Water Company in the course of the acquisition which will conclude in the year 2006; and

(6) Make any recommendations to enhance the performance and operation of the Division which, in its opinion, are appropriate.

B. In addition, the Division shall be entitled to, to the extent permissible by law, having the proceeds of any sale or change of use of property acquired in the acquisition of the Barnstable Water Company by the Town of Barnstable dedicated to the capital outlay budget of the Division, debt reduction then to the operation thereof.

C. The Town Manager shall annually cause a review to be completed with respect to the provisions of this section of the Administrative Code, and report on said review to the Town Council.

§ 241-39 Youth Commission.

[Added 7-16-1992 by Order No. 92-141; amended 6-12-1997 by Order No. 97-150; 11-4-2004 by Order No. 2005-030; 4-3-2014 by Order No. 2014-069]

A. Composition; term of office. There shall be a Youth Commission consisting of 19 members, 17 of whom will be between the ages of 13 and 19. These 17 members shall serve for a one-year term and may be reappointed as long as they continue to qualify, and they will be the only voting members. Notwithstanding anything to the contrary in § 241-8J, as long as a member is enrolled as a full-time student at a school located within the Town, or a home school resident student identified by the Barnstable School Superintendent, s/he does not have to be a resident of the Town. In addition, as long as a member who is a resident of the Town is enrolled as a full-time student, s/he does not have to be enrolled in a school located within the Town. Two members shall be adults and will serve for three-year terms, overlapping, as determined by the Appointments Committee. The two adult members will be nonvoting members and serve in an advisory capacity. All members appointed shall provide for a balanced and diverse representation of the community's interests and concerns. One member of the Youth Commission shall serve as a liaison to the Town Council, reporting either in person or in writing, as they are able.

[Amended 12-17-2015 by Order No. 2016-059; 5-6-2021 by Order No. 2021-170]

B. Authority and responsibilities. The Youth Commission advises and assists the Town Council and Town Manager in the development of policies, programs, and delivery of services for the health and welfare of youth and their families. The Commission shall regularly assess the needs of youth as individuals and community members and work with all public and private schools located within the Town as well as the Community Services Department, Police and other town departments, multiple-member boards and community groups in coordinating or developing mutual efforts to address these needs. The Commission further advises and otherwise assists the Town Manager in utilization of all federal, state, and municipal programs and services available to youth and provides education and referral resources to all members of the community. The Youth Commission is an advisory commission to the Town.

C. Interrelationships.

(1) Town Council. The Youth Commission interacts with its Town Council liaison and the Town Council to advise the Council relative to the establishment of policies and legislation concerning issues affecting youth within the Town. The Board interacts primarily with the Recreation Commission and Golf Commission.

(2) Town Manager. The Youth Commission interacts with the Town Manager to ensure that the development and delivery of youth and family services are effective. The Commission receives administrative and staff support from the Department of Community Services.

(3) Other boards. The Youth Commission interacts with the Recreation Commission, Golf Commission, Conservation Commission, Sandy Neck Board, Public Works Commission, Historical Commission, J.F.K. Memorial Trust Fund Committee, and other boards as necessary.

§ 241-40 Road Committee.

[Added 9-23-1993 by Order No. 93-130]

A. Term of office. There shall be a Road Committee consisting of six persons: the Town Manager, one member of the Public Works Commission, one member from the Historical Commission and one member of the Planning Board, and two voters of the Town. In addition, ad hoc members shall be appointed by each village civic association to act as liaisons with their respective village associations on matters relating to the taking of private roads.

[Amended 3-4-1999 by Order No. 99-075]

B. Authorities and responsibilities. The Road Committee shall make recommendations on all roads being considered for layout and acceptance within the Town. The Road Committee shall qualify roads under consideration for layout and acceptance as to their relative importance within the Town's overall hierarchy of roads providing for intratown traffic movements and public safety. The Road Committee is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Road Committee interacts with the Town Council for the purpose of advising the Town Council on matters related to road layout and acceptance policies within the Town.

(2) Town Manager: The Road Committee interacts with the Town Manager for the purpose of qualifying roads being considered by the Town Manager for layout and acceptance. It receives administrative support from the Public Works Department, Planning Department and other staff as necessary to accomplish its purposes.

(3) Other boards: The Road Committee interacts with the Public Works Commission, Planning Board, and other municipal boards as necessary to accomplish its purposes.[1]

[1] Editor's Note: Original Section 37.00, Government Study Committee, which immediately followed this section and was added 12-2-1993 by Order No. 94-072-T, was deleted 6-24-1999.

§ 241-41 Shellfish Committee.

[Added 12-1-1994 by Order No. 95-034; amended 3-2-2000]

A. Term of office.

(1) There shall be a Shellfish Committee consisting of nine members, which shall be geographically diverse and will be appointed by the Town Council and shall consist of:

(a) No more than three commercial shellfishermen (one of which shall be a grantholder).

(b) No more than three family permit holders.

(c) One person professionally trained in the aspects of shellfishing.

(d) No fewer than two members at large.

(2) One member of the Shellfish Committee shall be the liaison to the Town Council.

B. Authorities and responsibilities. The Shellfish Committee shall be responsible for reviewing and making recommendations to the Town Manager and Town Council relative to the control, regulation and/or prohibition of the taking of eels and any or all kinds of shellfish, sea worms, and alewives within the Town. The Committee shall annually review regulations and make recommendations for change not contrary to law, concerning the times, places, methods, purposes, uses, sizes, quantities and any other particulars, including a review of fees associated with the controlling, regulating and propagating of the Town's shellfisheries. The Committee shall also review and make written recommendations to the Town Council relative to the issuance of shellfish aquaculture licenses. The Committee is an advisory committee of the Town.

C. Interrelationships.

(1) Town Council: The Committee meets annually, or more frequently as is necessary, with the Town Council to apprise the Town Council of issues pertaining to the shellfisheries of the Town in order to effectuate accomplishment of its mission.

(2) Town Manager: The committee meets as necessary with the Town Manager, the Shellfish Constable, the Natural Resources Division of the Department of Regulatory Services and/or other administrative staff in order to effectuate accomplishment of its mission.

(3) Other boards: The committee meets as necessary with any multiple-member body of the Town to effectuate accomplishment of its mission.

§ 241-42 Hyannis Main Street Waterfront Historic District Commission.

[Added 10-9-1997 by Order No. 98-022]

A. Term of office. There shall be a Hyannis Main Street Waterfront Historic District Commission consisting of seven unpaid members appointed by the Town Council. The Commission members shall include one member appointed from two nominees of each of the following organizations: the Barnstable Historical Commission, the Massachusetts State Chapter of the American Institute of Architects, and the Cape Cod and Islands Board of Realtors and four members who are residents and/or business operators from the district. In the event that no nominations by one or another of the above-named nominating groups have been received within 30 days from the date of an invitation to nominate, the Town Council may make the appointments to the Commission without such nomination.

B. Authorities and responsibilities.

(1) The Hyannis Main Street Waterfront Historic District Commission seeks to promote the educational, cultural, economic and general welfare of the Town of Barnstable, and the Town's unique community character through the preservation and protection of the distinctive characteristics of buildings, structures and places significant in history and architecture within the boundaries of the District, and through the preservation, maintenance and improvement of appropriate settings for such buildings, structures, and places, and the encouragement of new design which is compatible with the existing historical and community character, and through the benefits resulting to the economy of said Town by preserving and enhancing the amenities and historical aspects of this district which make Barnstable a desirable place to live and for tourists to visit. The district includes all of the land as shown within the boundaries on the Official Map on file with the Barnstable Town Clerk and recorded at the Barnstable County Registry of Deeds.

(2) The Commission is an advisory and regulatory commission of the Town, pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts, as amended. The Commission acts in accordance with Chapter 40C and Chapter 112, Historic Properties, Article III, of the Code of the Town of Barnstable. The Commission holds hearings. The Commission determines the appropriateness of exterior architectural features of buildings and structures to be erected or altered within the district, passes upon the demolition or removal of buildings or structures or any part thereof; determines the appropriateness of erection or display of occupational, commercial or other signs and billboards within the district wherever a certificate of appropriateness is required.

C. Interrelationships.

(1) Town Council: The Hyannis Main Street Waterfront Historic District Commission interacts with the Town Council to ensure Town policy and legislation of interest to the district is preserved and enhanced.

(2) Town Manager: The Hyannis Main Street Waterfront Historic District Commission interacts with the Town Manager primarily to receive administration and financial assistance in pursuit of the Commission's activities. The Commission receives such assistance through the Historic Preservation Division of the Planning Department. The Commission further receives enforcement assistance through the Building Services Division of the Regulatory Services Department, and other Town agencies as appropriate.

(3) Other boards: The Hyannis Main Street Waterfront Historic District Commission interacts with the Zoning Board of Appeals, the Planning Board, the Conservation Commission, the Board of Health, the Historical Commission, the Hyannis Main Street Waterfront Historic District Appeals Committee, the Licensing Authority, the Public Works Commission and the Economic Development Commission, in order to effectuate accomplishment of the Commission's responsibilities.

§ 241-43 Hyannis Main Street Waterfront Historic District Appeals Committee.

[Added 10-9-1997 by Order No. 98-022]

A. Term of office. There shall be a Historic District Appeals Committee consisting of three unpaid members appointed annually by the Town Council. The Committee shall include one member, where possible, from the Hyannis business community, one member, where possible, who is a resident of Hyannis, and one member, where possible, from the field of architecture or a related profession.

B. Authorities and responsibilities. The Historic District Appeals Committee decides on individual cases brought by persons seeking relief from a decision of the Hyannis Main Street Waterfront Historic District Commission. The decision of the Committee shall be determined by majority vote of the Committee members. If they determine that the Commission action is unsupported by the evidence, or exceeds the authority of the Commission, they may annul the Commission decision, or remand the case for further action by the Commission. The Historic District Appeals Committee is an advisory and regulatory committee of the Town pursuant to Section 5-1 of the Town's Home Rule Charter and Chapter 112, Historic Properties, Article III, of the Code of the Town of Barnstable, as amended.

C. Interrelationships.

(1) Town Council: The Hyannis Main Street Waterfront Historic District Appeals Committee interacts with the Town Council in matters of policies and legislation concerned with the issues and problems relating to the preservation, protection and development of aesthetic values within the district.

(2) Town Manager: The Hyannis Main Street Waterfront Historic District Appeals Committee interacts with the Town Manager and the administrative organization primarily through the Historic Preservation Division of the Planning Department, the latter which serves to interact with all other administrative agencies within the Town for the purposes of providing professional assistance to the Committee.

(3) Other boards: As needed the Hyannis Main Street Waterfront Historic District Appeals Committee interacts with the Hyannis Main Street Waterfront Historic District Commission, the Historical Commission, the Zoning Board of Appeals, the Planning Board, the Board of Health, the Economic Development Commission, the Licensing Authority and the Public Works Commission in order the effectuate accomplishments of the Committee's responsibilities.

§ 241-44 Community Preservation Committee.

[Added 2-18-1999 by Order No. 99-063; amended 7-18-2002 by Order No. 2003-005; 1-20-2005 by Order No. 2005-038; 4-7-2005 by Order No. 2005-071]

A. Establishment and term of office. There shall be a Community Preservation Committee consisting of nine members who shall be appointed by the Town Council to include the following: one member of the Conservation Commission; one member of the Historical Commission; one member of the Planning Board; one member or the Executive Director of the Housing Authority; and five at-large members. The Town Council may give consideration to any recommendation from the members of the Conservation Commission, Historical Commission, Planning Board and Housing Authority as to the member to be so appointed. Members of the Community Preservation Committee shall serve for terms of three years, so arranged that as equal a number as possible shall expire each year.

B. Authorities and responsibilities.

(1) Acquisition and preservation.

(a) The Community Preservation Committee shall make recommendations to the Town Council for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing; and for the rehabilitation or restoration of open space, land for recreational use and community housing that is reacquired or created as provided in MGL c.44A. With respect to community housing, the Community Preservation Committee shall recommend , whenever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

(b) The Community Preservation Committee may include in its recommendation to the Town Council a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.

(c) In considering its recommendations, the Community Preservation Committee shall use as a guideline local and regional open space plans, housing plans, master plans and the Local Comprehensive Plan.

(2) Needs study. The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with existing Town boards, including the Conservation Commission, the Historical Commission, the Planning Board, and the Housing Authority, in conducting such studies. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.

(3) Management. Real property interests acquired with community preservation funds shall be owned and managed by the Town unless otherwise specified by vote of the Town Council.

C. Interrelationships.

(1) Town Council: The Committee shall meet at least quarterly with the Town Council to apprise the Town Council of issues pertaining to acquisition and preservation pursuant to the Community Preservation Act.

(2) Town Manager: The Committee meets as necessary with the Town Manager and all municipal departments and/or other administrative staff in order to effectuate accomplishment of its mission.

(3) Other boards: The Committee meets as necessary with the Conservation and Recreation Commission and any multiple-member body of the Town, to effectuate accomplishment of its mission.

D. The Committee shall serve without compensation.

§ 241-44.1 (Reserved) [1]

[1] Editor's Note: Former § 241-44.1, Agricultural Commission, added 7-19-2007 by Order No. 2007-166, was repealed 6-21-2018 by Order No. 2018-154.

§ 241-44.2 Problem Properties Appeals Committee.

[Added 3-21-2013 by Order No. 2013-069]

A. Term of office. Notwithstanding anything to the contrary contained in Chapter 37, Article I, and § 241-8 of the Barnstable Code, there shall be a committee known as the "Problem Properties Appeals Committee," consisting of three unpaid members and up to three alternate members to be appointed from time to time by the Town Council President upon the filing of an appeal under § 160-2D of the Barnstable Code. Members and alternates shall be chosen from the Town's standing committees.

B. Authorities and responsibilities.

(1) The Problem Properties Appeals Committee decides on individual cases brought by persons seeking relief from a decision of the Chief of Police to officially identify a property as a chronic problem property under § 160-2B(6) and to assess the property owner penalties under § 160-2C.

(2) The Committee will formulate its decision in conformance with Chapter 160, Chronic Problem Properties. The decision of the three-member panel shall be determined by majority vote of the Committee. If the Committee finds that the property is not a chronic problem property, based upon the criteria established under § 160-2B, the designation shall be removed and any penalties assessed shall be rescinded. If the Committee finds that the property is a chronic problem property, it may: uphold the penalty in its entirety; or reduce the penalty based upon a finding that the period of time or cost of the assigned police response was excessive; or abate any portion thereof that has already been paid based upon a finding that the period of time or cost of the assigned police response was excessive.

(3) The Town Council may from time to time designate the committee as the Committee to hear appeals for other ordinances involving problem properties.

C. Interrelationships.

(1) Town Council: The Problem Property Appeals Committee interacts with the Town Council in matters relating to the implementation of its functions under the provision of this section.

(2) Town Manager: The Problem Property Appeals Committee interacts with the Town Manager in matters relating to the implementation of its functions under the provision of this section.

§ 241-44.3 through § 241-44.4. (Reserved)

§ 241-44.5 Open Space Committee.

[Added 6-2-2005 by Order No. 2005-121; amended 7-20-2023 by Order No. 2023-196]

A. Term of office. There shall be an Open Space Committee consisting of nine members, who shall be appointed by the Town Council. Members shall serve for terms of three years, so arranged that an equal number shall expire each year. Said Committee shall be geographically diverse whenever possible.

B. Authorities and responsibilities.

(1) The Open Space Committee shall be responsible for keeping the Open Space and Recreation Plan and the open space section of the Local Comprehensive Plan updated and current.

(2) The Open Space Committee shall review conservation restrictions and make recommendations for approval to the Town Council.

(3) The Open Space Committee may recommend parcels of land available for purchase or protection (a) to the Community Preservation Committee; or (b) to the Town Manager, if the funding will be from non-Community Preservation Act funds; provided that in making such recommendations, the Open Space Committee shall use as a guideline local and regional open space plans, master plans and the Local Comprehensive Plan.

(4) The Open Space Committee shall assist Town departments in the management of Land Bank lands acquired under the Land Bank Act in accordance with the Act and its provisions.

(5) A member of the Open Space Committee shall serve as the Town’s representative on the Santuit Preserve Management Committee.

(6) The Open Space Committee shall be responsible for implementing and promoting the approved Cape Cod Pathways Plan within the Town of Barnstable, including but not limited to promoting and advising on the Town’s Walking Library, which is accessible to the public online and details the various walks throughout the Town.

(7) The Open Space Committee shall educate the public about open space issues through speakers at meetings of the Open Space Committee.

(8) Nothing in this section shall be construed to alter or change the responsibilities of the Community Preservation Committee as prescribed by law.

§ 241-45 Jane Eshbaugh Community Service Award Committee.

[Added 4-18-2002 by Order No. 2002-092]

A. Term of office. There shall be a Jane Eshbaugh Community Service Award Committee consisting of five members who shall serve at large.

B. Authorities and responsibilities. The Jane Eshbaugh Community Service Award Committee distributes applications for nominations from which a person or organization is chosen to receive this award. The award is to be given to a person or organization in recognition of service to others in the areas of environmental protection, land conservation, health and human services, innovative community initiatives, beautification, and other appropriate areas of community endeavor. Special emphasis is to be placed on contributions to the community by unsung residents who work quietly, even to the extent of self-sacrifice, without expectation of recognition or reward.

C. Interrelationships. Town Council: The Jane Eshbaugh Community Service Award Committee interacts with the Town Council to notify the Council of its choice on an annual basis. The Town Council may assist the Committee through notification and/or advertisement of nomination procedures and other related matters.

§ 241-45.1 Human Services Committee.

[Added 10-20-2005 by Order No. 2006-017]

A. Composition and term of office. There shall be a Human Services Committee consisting of seven members, representing Barnstable’s diverse community. These members should include, but not be limited to, representatives from human services organizations and corporations based in the Town of Barnstable, as well as individuals residing in the Town of Barnstable concerned with human services. The term of office will be three years, staggered, appointed through the Town Council Appointments Committee.

[Amended 9-2-2010 by Order No. 2011-007; 6-21-2018 by Order No. 2018-158]

B. Authority and responsibilities. The Human Services Committee will be a standing committee serving as an advisory board to the Town Council and Town Manager, presenting and promoting solutions, including implementation plans, and coordinating and consolidating efforts with agencies at the local, regional, and state levels where indicated. The Committee will assess the health and human service needs of our community, including, but not limited to, homelessness, and the mental and physical health of the Town's residents. On a regular basis, but not less than once a year, the Committee will report to the Town Council with an assessment of the Town's human condition.

C. Interrelationships.

(1) Town Council. The Human Services Committee interacts with the Town Council to advise the Council relative to the establishment of policies and legislation concerning the human service needs of the Town's residents.

(2) Town Manager. The Human Services Committee interacts with the Town Manager to ensure that the development and delivery of health and human services is effective.

(3) Other boards. The Human Services Committee interacts with various boards, committees, and commissions, such as the Housing Authority, Council on Aging, Disability Commission, Housing Committee, Recreation Commission, Youth Commission, and other boards as necessary.

§ 241-45.2 (Reserved) [1]

[1] Editor's Note: Former § 241-45.2, Renewable Energy Commission, added 1-21-2010 by Order No. 2010-065, was repealed 6-21-2018 by Order No. 2018-156.

§ 241-45.3 Water Resources Advisory Committee.

[Added 9-3-2015 by Order No. 2016-006]

A. Purpose of the Committee: to advise the Town of Barnstable on the completion and implementation of its Comprehensive Water Resource Management Planning Project, with the goal of protecting and restoring the Town's fresh and salt water bodies and its drinking water supplies, in compliance with the Cape Cod Commission's Cape Cod Area Wide Water Quality Management Plan Update of 2015 (the 208 Plan).

B. Composition of the Committee.

(1) There shall be a Water Resources Advisory Committee (WRAC) consisting of 11 members as follows:

(a) Five members shall be appointed by the Town Council so as to be as geographically diverse as possible so as to represent all the salt water embayments, freshwater lakes and ponds and watersheds of the Town of Barnstable.

(b) Three members shall be appointed by the Town Council as at-large members who have interest or expertise in matters related to water quality and wastewater issues.

(c) Three members shall be Town Councilors, appointed by the Town Council President. Town Council members shall be full voting members of WRAC and shall act as liaisons from WRAC to the Town Council and Town Manager.

(2) A liaison to WRAC shall be appointed by the Chair or his/her designee from each of the following: Board of Health, Conservation Commission, and Planning Board and from other boards, committees, commissions as requested by the Town Council.

C. Term of office. Town Council members shall be appointed by the Town Council President to serve at his/her discretion. Other members shall each serve for a term of three years, so arranged that as equal a number as possible shall expire each year.

D. Authorities and responsibilities. Assist and advise the Town and specifically the Director of the Department of Public Works and/or his/her designee in identifying, prioritizing and reporting to the Town all Town-wide and site specific strategies which would bring the Town of Barnstable into compliance with the 208 Plan and any other applicable regulations for water resources protection.

E. Interrelationships.

(1) The Town Council. WRAC interacts with the Town Council in matters of policy and implementation of its functions and recommendations under the provisions of this section. The Town Council members of this Committee will regularly report to the Town Council as a whole. From time to time, the Town Council may direct the Committee to focus on specific areas of implementation or other related wastewater, groundwater, surface water and drinking water matters.

(2) The Town Manager. WRAC interacts with the Town Manager in matters relating to staff support and recommendations, funding and implementation of its functions under the provision of this section, including but not limited to interaction with other towns, districts, state and federal agencies and the Cape Cod Commission.

(3) Other boards, committees and commissions. WRAC meets, as necessary, with any multiple-member board to effectuate its purpose.