2026-10-28 - Board of Regional Commissioners

01:40Uh, I want to welcome you all to

01:49meeting of the Barnstable County Commissioners.

01:59I can the chair so declares that we have

02:04uh to order. Um and uh I would like to ask

02:17I pledge allegiance to the flag of the

02:22for which it stands, one nation under God,

02:35And now I'd like to ask everyone to uh join

02:40on the bravery and the sacrifices of all

02:45in service to our country.

03:04Thank you. The next item on our agenda is um

03:11abundantly clear that this is a uh meeting of the

03:16with uh applicable laws. Anyone wishing to

03:21meeting link via the posted meeting agenda or they

03:29Barnstable Barnstable County YouTube channel

03:35So um let's move on to the uh the next item, which

03:44in the audience or remotely looking to join us

03:54Seeing no one. Robin, do we have anybody? Nope,

04:01first item on general business on our agenda is to

04:06to release a legal opinion from Barnstable

04:11dealing with immigration enforcement dated October

04:18Dutton, our County Administrator, and we also

04:25Barnstable County Legal Counsel at KP Law. Good

04:31morning. Good afternoon. Yeah, so used to saying

04:36I am, so. Hello. Okay, well, good morning. There

04:45Got the mic on. Um Thank you, Commissioner. As you

04:51meeting, the Assembly of Delegates proposed

04:58Community Safety and Lawful Federal Immigration

05:05and sent it over on October 8th to the

05:13legal counsel, I'll just give you a little bit

05:19Michelle Rondazzo, raised some

05:23with the proposed ordinance. And then, the

05:28regarding their their draft ordinance, and I

05:33that they that the delegates addressed most

05:39Unfortunately, um once the final proposed

05:46um some of the uh some additional unresolved legal

05:54I recommended that the board take no action

06:02with Michelle, our county council, to explore

06:07Michelle [snorts] uh produced a written opinion

06:13within the proposed ordinance, um which indicates

06:23Obviously, given the time the assembly has

06:29uh, and staff, uh, to make it workable, uh, I

06:35to, uh, collaborate to come up with what

06:39and something that's actually enforceable,

06:45discussions with the assembly leadership uh

06:51or letting them know that we had an opinion that

06:56um and they understandably asked if they could

07:03here. Um thank you, Michelle, but I guess I would

07:10uh opinion, which is what you have to do um

07:17encourage you to release that so I can continue

07:22uh and and hopefully get to a more uh productive

07:29with the delegates. Um also uh given the

07:35perhaps it'd be appropriate to release release

07:40about about the details of her opinion. So, I

07:47release that opinion before you have too much more

07:58Do I have any questions about the request?

08:03regarding the ban on ice. Okay. Do I have a

08:08need to repeat that. That might have picked up.

08:15Yeah, I I move that we release the opinion

08:21proposed ordinance 26-11. I will second that.

08:27Is there any more discussion on that motion?

08:34It carries unanimously. Okay, now we can continue

08:39Now that we've decided to make it public. So, I

08:44that I just want to touch on. So, I think in the

08:49and would hold up in court, is enforceable, and is

08:56the commissioner's permission, I'd like to use

09:01and county council to to come up with

09:08obviously acceptable to all the parties involved.

09:13is certainly going to help staff, which is my

09:20I I think we want to make sure that we understand

09:25under whatever whatever policy ends up

09:31more than anything else, we just want to be clear

09:38some sort of ice presence on county county

09:45concerns in a nutshell. And if that is amenable,

09:51can get somewhere uh where everybody's relatively

09:57they'd like to comment on that in terms of our

10:03You know, When when [clears throat] I originally

10:10in response to the governor's executive order 650,

10:17okay? So, it was it was easy for us to simply

10:25and later on, they amplified that opinion

10:30and we accept we endorsed that also. So, this is

10:36in mind. One was to regulate ice activities here

10:43coming after us because we only have one very

10:49the state has about 100. So, if they were going

10:55um I was frustrated in that effort because

11:01this is a big issue. A lot of people are concerned

11:07officials from the top to the bottom to weigh in

11:12take it up. I don't fault them for bringing up

11:17going on. I'm certainly not in disagreement

11:24process is important because unless everybody

11:31falls back into chaos. So, um I'm willing

11:37we might be [laughter] I hate to say this, but

11:41think the I don't think the ICE agents are going

11:45we want to kick the can down the road until that

11:50that um having empowered our our uh attorney uh

11:57endorse the we have endorsed the letter and the

12:04Thank you, Commissioner Bergstrom. Do you have

12:08You know, I think it just goes back to uh the big

12:18you know, there's a vagueness and and ambiguity

12:23I think that we've always been as as a board of

12:30We understand what we can can do and highlight

12:40I I I agree with your opinion. I do think and I

12:45that we can come to a consensus on if we work

12:51I think that everybody is eager to make a

12:55feel about what's going on in this country. And

13:01week. Uh we're only doing what we can. We recently

13:08in Provincetown that was released several days

13:12And we do want to feel we're protecting

13:17our ability. And it really is the citizens that

13:25I don't have anything a question per se. Um

13:30into a different direction if I did. So, I agree

13:37come to a a a place of um acceptance with the

13:44thank you, Commissioner. Uh Michelle, I want to

13:48the things that I've learned in working with you

13:54and how county government has been set up and

14:00the various bodies where those responsibilities

14:06we ultimately want to end up at a place where we

14:12hold up in court and be enforceable. And I think

14:18I'm totally on board with um the administrator's

14:23the the leadership in the assembly to make sure

14:29uh some of these legal problems and legal issues

14:33Commissioner Burch Yeah, of course. Under the

14:39the commissioners and we do not act on it within

14:46I my recommendation is I'd say kick the can down

14:52assembly may feel it goes into effect. However, if

14:57point because it's it's not enforceable. So, uh

15:03it or do anything with it if you would. What?

15:09Ron. Yeah. Commissioner, thank you. Um

15:14the ordinance. What we're doing is releasing

15:21the administrator's attempt uh to to to work

15:27they they would uh No, but the point is that the

15:31so it's meaningless. What we want to be able

15:36a way to make something enforceable. Isn't that

15:43uh yeah, correct. Try to try to get to a

15:50a good chunk of what the assembly work product

15:55and and what we can then um merge with the

16:02have voted as, as Commissioner Berksun pointed out

16:07we have a very, one, one very clear policy.

16:13go ahead. Okay, so in the end, whether we

16:21how much how much is it um in the end, who does it

16:30you know, we have even the governor

16:36"No this, no that." And it happens anyway. So, and

16:43it's really citizenry uh intervention that's

16:51trying to stop things, and then following up.

16:58what is our in your opinion, off the cuff, without

17:04everything else? [gasps] I mean, is is, there

17:11if I was Healey, there would have been a thought

17:16to hold ICE in check. But then, you know, you

17:24the guard to protect it. I mean, it's it's

17:33Was that something you wanted to

17:37it does the Is there power? Do we Does any of us

17:42down? How much power do we have on this? Well,

17:48depending on the time frame we're in. Um

17:52seen a number of initiatives and policies

18:00But they still happen. So, what you're really

18:06your staff and your employees and your officials

18:13limitations, that their authority is. And you

18:19to the point where we are right now, the the

18:25what they instructed court officials on how to

18:29right? And it went out to all the the superior

18:34over the years to where we're at the point

18:41there's legislative action that the state

18:46we can't obstruct ICE. Um you know, law

18:54Um and the answer to your question is really,

19:00It's going to depend a lot on what happens in the

19:05courts do. Um so, what you're really looking for,

19:10is developing internal guidance and policy and

19:17comes knocking. I mean, I think that's what we've

19:23So, at the end of the day, what we may end up

19:30or the previous uh policy that we've adopted.

19:36in terms of making sure that uh whatever whatever

19:43And again, my my concern is making sure

19:47it holds up in a court of law. So, um I think we

19:53any more questions. I I want to let Michelle go

20:01ultimate solution to this is that, you know, the

20:07board of commissioners sets policy. So, a

20:13incorporated into their ordinance falls in that

20:18we could adopt, we three of us could adopt any

20:26So, I think we should look at this and say,

20:30right with that," but that's to be understood that

20:35be, a policy set by the Board of Commissioners

20:43Um empowered to develop, install, and maintain

20:48Cod regional government agencies. That's what

20:54Is there any more discussion on this? Um hearing

20:58us. We appreciate it. And uh I'm sure we'll see

21:07So, I think the administrator has uh what

21:14of this document so that he can continue on his

21:18I agree with what Commissioner Bergstrom said at

21:23we can come to agreement in terms of uh a policy,

21:29think that's ultimately where we're at, and that's

21:37Commissioner Lyons? If you don't mind. So, in

21:44you know, encompasses all, you know,

21:53if we if we adopt something as a policy for

22:00I get that. All of our staff and ourselves,

22:07what our ability is to say no, I cannot help you,

22:13know you're able to do. You can't take anything

22:19that doesn't transcend to other towns. This

22:26they have to do this themselves as far as

22:31"I want this person." They know what to do. Yeah,

22:35very different situation. Right. We need to

22:40employees Exactly. on county property, county

22:46county facilities are used by the Commonwealth and

22:53opportunities confusion. Um my concern and every

22:59sure that whatever we end up doing, it's legal,

23:05and protects our employees. And uh I think that's

23:10in good spirit in working with the assembly to

23:15some recommendations, and there's guidance that

23:22our revised policy, and take it up. Again, at

23:26a measure that's enforceable, and will hold up in

23:33I'd like to move on Let's go. to the uh next

23:38Is there any new business before the board?

23:44which is the commissioner's consent agenda. Um

23:50additional funds uh for the uh Shine program,

23:57and programs here at the county. Do I have a

24:03I second. Okay. And you're we're I'll read it out.

24:10approve the commissioner's consent agenda item

24:17Roman numeral three, including all subsections

24:25that your motion? Yes, that is. Okay, very good.

24:30Commissioner Lyons. Is there any more discussion

24:36agenda that a board member would like to talk

24:41Shine program, which is a very valuable program,

24:47our lobbying and our efforts. So, I think it

24:54in including that in the consent agenda. and I

25:02Uh you're talking about the amount of money. It's

25:09And that is through a legislative earmark,

25:15And And I have to say that our legislative

25:20of Barnstable County and many of our

25:25one of the one of the programs that has benefited

25:31support. Yeah, I just to say, if you watch TV

25:37programs and people trying to sell you a

25:42talk to their Council on Aging or the county,

25:47self-interested in giving them that advice.

25:52The other thing I just wanted to point out

25:57which really did turn out to has you know, been

26:03they're going through work transition, divorce

26:12They're there to help, and they've done a really

26:19the region of Cape Cod, and I want to thank

26:23Gantsler really helped carry that around, and

26:31And I want to thank those women and all of all

26:37That's great. 25 years. Amazing.

26:41items that commissioners would like to highlight?

26:47to adopt the consent agenda. All in favor

26:54So, the next item on our agenda is the approval

26:59October 14th, 2026. You've all had a chance

27:06Excuse me, the motion I'm the recommended

27:13Second. Okay, so we have a motion to

27:17and we have a second. All those in favor

27:23Right? Yes. It goes. Commissioner's

27:27do you have any reports for today?

27:36you know, in in Yarmouth um on Monday, and I

27:43dedication that both my colleague Mark, um Forest

27:49to get it together. It was very well attended,

27:55the winter season now, when people find themselves

28:01confident that a lot will come out of it, and that

28:07nutritional help that they need going forward

28:12that attended. I wish I had a list, but I

28:18Thank you, Commissioner. Commissioner Lyons. Yes,

28:25you know, we were speaking earlier today how well

28:30people from across the state were attending. There

28:36was there anybody in Springfield? I'm not sure. I

28:41But there was a lot of farmers. It gave you

28:46you know, a lot of balancing issues here on

28:51maybe not development but housing. We could

28:57there. There's a need for us to really protect

29:03that development we have the ability to sustain

29:10in some of our crops and products that are making

29:18in their way of getting us our food is not

29:26markets and the need for local agriculture and I

29:35have this fever about building building because of

29:43and down the line we're going to need this. We

29:49which I have thoroughly enjoyed over in Maryland

29:55have been used to reduce transportation. So we do

30:00you know, there is farmland still here. I think

30:05know what's coming down the line. We might all be

30:09land having to do all this together. And you know,

30:17an unrealistic thought. The way our government is

30:23in the future and um So these are things that

30:29say it was excellent and it shows that there was

30:35want to thank Andrea Scarpellini and Mike McGuire

30:41And again, Barnstable County is leading the way.

30:48corp this core coalition that they're building

30:56the need of fresh food, healthy food to people

31:02are going down. Uh food distribution and um and

31:10more people in your community, unfortunately, that

31:15great event. And the other thing, did I report to

31:23And um and uh which I think is very cute, but it's

31:33over the place here, and there are alternatives

31:40and nature. And uh and geology. So, um I And

31:50you probably were as well, but there was the

31:57these two scientists out of Woods Hole uh added

32:04uh home and and to be able to grow your own

32:10grid in every aspect, and they bought land in

32:16and back then built their own uh compost toilets,

32:25that has been created over the years, and this

32:29you have compost, it kind of goes down into this

32:33with your your stuff, you know, and nobody wants

32:41it was it was really amazing. It's really kind

32:46and goes into a like a trash pail and then you

32:52There is no odor of any of this and nobody

32:56when you do go there, it's all compost.

33:02So, these people have been have

33:06taking everything everything is recycled within

33:13go and visit new homes being built on the bay in

33:21area. Uh really like even more so than Nickerson

33:27But if you look beyond like the weeping willows

33:32Substantially sized. ADUs, they call them. But

33:39all compost. Every floor and the

33:4825, 30,000 and then you're kind of done without a

33:57the maintenance and uh the take hauling away

34:04because it's now sludge as opposed to

34:12to I'm I'm Paul Revere running through the Cape

34:20Follow Revere. Uh no, not follow Revere. I guess

34:28before they start really embracing expanding their

34:35on the Outer Cape we just had a thing last night:

34:41uh, work would have to be for, for

34:47A lot of it's on the coast. This could be

34:52wrapping their minds because once we accept it,

34:55be like everything else. It's not going to be

35:02uh to me you know, we flush things away but

35:09how it's improved. So, I am encouraging another

35:16You go to three places on this tour. Our septic

35:22going to leave but I said this kind of is a

35:26go there. So, there's even more things that have

35:31and improvements and uh breakthroughs. But to go

35:39I am not going to be happy if all of us do not

35:46this can be incorporated and bringing it into our

35:52Thank you. Do you want to go on the toilet

36:02little over an hour ago both um Commissioner Lyons

36:07class of AmeriCorps volunteers. And uh they're

36:15started and uh you know, I both of us have briefly

36:21I was down there sitting with them. And Jeff,

36:26I felt Rather than although I'm very happy with

36:30but I admire them for stepping forward. Um I

36:35benefit from it. I know I'm going to benefit from

36:40um we can behalf of us, I congratulate

36:46do what they do and help Cape Cod stay the way it

36:51I feel Okay, hold a second. Are you Op. Is that

36:58you know, I always get choked up at AmeriCorps cuz

37:05what we should be and have been and can be as

37:13uh workmanship together, teamwork, and getting

37:19wanting the glory for that. So, um those are

37:26inspiring uh and helpful as we grow older,

37:33Ron. I felt like I wish I had been in that

37:39these kids are really dedicated and they're

37:44uh the beauty of this country, and they want to

37:50perfect venue for them to get those skills. And

37:55the country, from Portland, Ohio, Kentucky.

38:03But but the rest are really um it was a handful

38:10Uh it is really a great uh group of kids.

38:17I don't know what we'd do without them

38:22and assistance to our marine life and marine

38:29Very good. My report is very brief. Um, this

38:35group of other dignitaries to announce funding for

38:43one of the projects is one that I've worked on.

38:48project in West Yarmouth. And uh, uh, that's

38:55under the SNAP program. Uh, Congressman Keating

39:02for not only clean water projects, but also for

39:10And as you know, my my my other job is funding,

39:17restoration projects uh, around Cape Cod. So,

39:23to to celebrate this milestone in the Bay View Bog

39:30uh, restoration projects here in Southeastern

39:36Uh, the Congressman also went to Yarmouth to uh,

39:42project and we talked a lot about funding and the

39:47We also talked about how critical wastewater

39:51progress in terms of housing uh, and housing

39:57made in the past is we developed a lot of housing

40:01paying a very deep significant price for that. And

40:08of his commitments in the next Congress uh, to be

40:14for our wastewater initiatives. So, it was a very

40:19uh, your best wishes. I should mention I I just

40:24I like reminding people that Barnstable County

40:30important programs and projects and initiatives.

40:36uh Barnstable County, almost 20 years ago, uh

40:43for coastal wetlands restoration. Mhm. Um it put

40:50priorities, and it was led by the county's coastal

40:58and that committee put together a comprehensive

41:05over a hundred million dollars in federal

41:11Uh one of the biggest projects has been uh the

41:19the Herring River in the town of Wellfleet. That's

41:24federal funding for that project. It has brought

41:29town, and it's just one of many examples of

41:36by developing collaborations with other

41:40uh by coming together, working together, speaking

41:46the needs of the region can really accomplish

41:51the county has uh been engaged in, and I'm I'm

41:56funds to implement this initiative. And when

42:01basically a very similar role, bringing partners

42:07hard on their own to serve a really important

42:13by working together and collaborating, we can find

42:18and in collaboration. And that by working

42:23to the region to help serve the people and and

42:29um I'm very excited to with uh the way that

42:38staff and the way in which they organized it

42:43I was very pleased to see the high degree of

42:50for our county staff. Uh the support that they

42:57it's just amazing to to to to sort of see how how

43:06County. And uh you know, I'm I'm very proud as

43:11that we we come here and do our business. And

43:17in support of the county programs. So, they make

43:23work to do. Um our goal is to get a game plan

43:29here on Cape Cod. And uh I'm excited about the

43:34with folks to make it a reality. So, that is my

43:42Okay, so let's move on to the next item on our

43:47going to turn this over to Mr. Dutton to tell us

43:52And when our next meeting is

44:05Thank you. Uh your next meeting is scheduled

44:14a little bit different. Uh, it's also scheduled

44:19scheduled uh, pursuant to a request from MassDOT

44:29which I think I mentioned a few a month

44:33the primary purpose of the meeting and the and

44:40Wanted to make sure that we were scheduling a time

44:47a hearing uh, on the uh, railroad crossings.

44:58Well, that's true. Um, but that is the day

45:045:00 p.m. with the Bourne Community

45:08we will get you the all the materials so that you

45:14Um, it does require a post hearing it requires a

45:19for for the uh, updated railroad crossing. So,

45:25Your meeting after that is also an away meeting.

45:32scheduled for Tuesday. We'll obviously give you a

45:37to your normal schedule here. Uh, November 17th

45:44Town Hall and that'll be a joint uh, meeting with

45:51and also the County Commissioners. So, uh, so

45:57um, in the meantime I'm reaching out to Dennis

46:02particular issues might be in Dennis. So, I'll

46:09So, in terms of upcoming business, obviously our

46:15process is underway. And and I will bring

46:24I'll work with the chair just to figure out when

46:30we can bring that up. I don't think it's going

46:35prior years, but it does require your buy-in

46:45And that is what I have for upcoming meetings.

46:52administrator? Commissioner Bergeron? Commissioner

46:58hearing before we go in. That's all. Um thank

47:05because we have a sign-off on it,

47:08folks people in the community to actually do the

47:13reason why we're having it in Bourne. And I think

47:22I'm just I'm I'm so biased I can't even say we

47:28role by but Mass General Law.

47:34I see Paul Rezendes is on the screen.

47:42Um I'd like to see Paul if he can join us

47:50No, he's just spying. There he is. No, he's he's

47:55Yeah, I just wanted to get any updates on the

48:00It's very busy over there, a lot of noise.

48:06Yeah, any any reports, any updates for us? Yeah,

48:13the south elevation, which

48:18um, all almost all the mortar joints are cut, so

48:25to get ready for putting new mortar. And we're

48:30of the brick is not a true full length brick, it's

48:36Um, the granite going around to the front or the

48:41um, again, grinding the mortar joints for

48:46We're doing hazardous material abatement,

48:53the trim work above, it's a the full a full

48:59all of that. It's revealed the beautiful,

49:04like an almost like an archway above each window.

49:10right now and on budget. Um, so, I don't know in

49:16ready to show some actually photos of the of

49:23so, that's No, I I think that's something

49:27having an opportunity to to talk to you

49:32Commissioner Lyons, yeah. If I could

49:35it would be good to reach out to the

49:40courthouse watchers and, uh, you know, keepers

49:47could invite them in to be part of that as well.

49:52um the public on the Barnstable County website um

49:58If you go to that link, there's been updates,

50:03we have a bunch of information on there for those

50:07we have a mail email list for um those interested.

50:12We love to give an update to the public. We've had

50:20Go ahead, Commissioner. You're saying that um

50:25So, this is going to look a little different than

50:30No. No. So, one thing that's come up and again,

50:36where where the top trim work is on the building,

50:41um trim that looks like stone. It's actually wood.

50:47replacement. So, it exposed the brickwork

50:51So, so we're going to actually restore that wood,

50:58material. So, all of it's been approved by the um

51:04But, yeah, it should look um you know, about

51:10Okay. Great. Thank you. It's

51:16That's great. Paul, thanks for that update.

51:23Next item on our agenda is uh any other

51:39Paul Paul took my uh thunder and uh and did

51:47but that's that's all I have. Is there any other

51:53Hearing none, I'll entertain a motion to adjourn.

51:57Second. 3:20 At 3:20 and I second. Okay, so

52:06Hearing none, all those in favor say

52:11We are adjourned and thank

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