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HomeMy WebLinkAboutBoard of Selectmen Agenda August 17, 2011 Packet_201402061624250790COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET BOARD OF SELECTMEN ORDER OF TAKING BY EMINENT DOMAIN OF PORTIONS OF HINSDALE ROAD, OLD SOUTH ROAD, SOUTH SHORE ROAD AND PROPRIETOR’S ROAD The undersigned being the majority of the duly elected and serving members of the Board of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, having a principal place of business at Town and County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section 3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 25 adopted by the Town at its 2009 Special Town Meeting, a certified copy of which is attached hereto, and by virtue of every other power and authority hereto enabling us, having complied with all the preliminary requirements prescribed by law, having determined that the taking of the fee in those certain parcels of land comprising portions described below (“Parcels”) is required for open space and conservation purposes, and for the disposition of said Parcels for the same purposes do hereby adopt and decree this Order of Taking on behalf of the Town and do hereby take from the supposed owners of the Parcels, those who hold easements and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all rights of passage, if any, as follows: The land shown on a plan of land entitled “Subdivision Plan of Land in Nantucket, MA., prepared for: Town of Nantucket, 1” = 200’, May 20, 2011,” (the “Plan”) prepared by Blackwell & Associates, Inc. and recorded with the Nantucket Registry of Deeds as Plan No. 2011-40 and consisting of the following Parcels described on the Plan: Parcel Address/Location Area ± Road Lot 6 South Shore Road 31,098 s.f. Assessor ID Supposed Owner(s) Title Reference Map 70 Nantucket Islands Land Bank Book 1230, Page 167 Parcel 5 Parcel Address/Location Area ± Road Lot 7 Hinsdale Road 1.122 Acres Property ID Supposed Owner(s) Title Reference Map 78, Parcel 6 Nantucket Island Land Bank Book 1230, Page 167 Parcel Address/Location Area ± Road Lot 9 Hinsdale Road 11,943 s.f. Property ID Supposed Owner(s) Title Reference Map 69, Parcel 4 Nantucket Conservation Foundation Book 356, Page 329 Inc. Parcel Address/Location Area ± Road Lot 10 Hinsdale Road 2.183 Acres Assessor ID Supposed Owner(s) Title Reference Map 69, Parcel 5 Nantucket Conservation Foundation, Book 356, Page 329 Inc. Map 70, Parcel 4 Nantucket Conservation Foundation, Book 144, Page 247 Inc. Map 70, Parcels 6 Nantucket Conservation Foundation, Book 497, Page 261 Map 77, Parcel 27 Inc. Parcel Address/Location Area ± Road Lot 11 Hinsdale Road 24,528 s.f. Assessor ID Supposed Owner(s) Title Reference Map 69, Parcel 6 Town of Nantucket Proprietors Book 7, Pages 146-148, 186-187 Veterans of Foreign Wars, Notice of Lease recorded Post 8608 As Lessee in Book 837, Page 1 Parcel Address/Location Area ± Road Lot 12 Old South Road 19,392 s.f. Assessor ID Supposed Owner(s) Title Reference Map 69, Parcel 6 Town of Nantucket Proprietors Book 7, Pages 146-148, 186-187 Veterans of Foreign Wars, Notice of Lease recorded Post 8608 as Lessee In Book 837, Page 1 Parcel Address/Location Area ± Road Lot 13 Old South Road 17,759 s.f. Assessor ID Supposed Owner(s) Title Reference Portion of Map 78, Parcel 5 Town of Nantucket Book 62, Page 170 and Proprietors Book 7, Pages 146-148 & 186-187 Parcel Address/Location Area ± Road Lot 14 Old South Road 5,235 s.f. Assessor ID Supposed Owner(s) Title Reference Map 69, Parcel 290 Nantucket Islands Land Bank Book 1229, Page 108 Parcel Address/Location Area ± Lot 8 Old South Road 13,450 s.f. Property ID Supposed Owner(s) Title Reference Map 69, Parcel 295 Town of Nantucket Book 1229, Page 100 Parcel Address/Location Area ± Road Lot 15 South Shore Road 6.598 acres Property ID Supposed Owner(s) Title Reference Map 77, Parcels Nantucket Conservation Foundation, Inc. Certificates of Title Nos. 15, 19, 20, 21, 22 12236, 14287, 16071 And Book 497, Page 261 Parcel Address/Location Area ± Road Lot 17 South Shore Road 22,813 s.f. Property ID Supposed Owner(s) Title Reference Map 90, Parcel 2 Nantucket Conservation Foundation, Inc. Certificate of Title Nos. 8550 Excepted from this Order of Taking is a 20’ wide easement in Hinsdale Road to be retained by Nantucket Islands Land Bank within Road Lot 10 as shown on said Plan for the purposes of access to Lots 4 and 5 as shown on the Plan; and a License Agreement between the Town and National Grid (USA), Inc. dated April 12, 2006 recorded with said Deeds in Book 1020, Page 80 as it affects property shown on Assessor’s Map 69, Parcel 6 Any and all trees, vegetation, structures and improvements at the Parcels are included in this Order of Taking. The damages sustained by the supposed owner(s) listed above by reason of this taking of the Parcels are valued and awarded in a resolution of even date adopted by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended. If any party named hereinabove as an owner of any Parcels taken hereby is not a true owner of said Parcels, then the award is made only to the true owner(s) of said Parcels. (Remainder of Page Intentionally Blank. Signatures Follow on Next Page.) Adopted under seal this day , 2011 TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN Rick Atherton Whiting Willauer Patricia Roggeveen Michael Kopko Robert DeCosta COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss On this day of , 2011, before me, the undersigned notary public, personally appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My commission expires: 428771/NANT19712/0001 COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET BOARD OF SELECTMEN ORDER OF TAKING BY EMINENT DOMAIN OF PORTIONS OF MYLES STANDISH STREET F/K/A SHIMMO STREET, ATLANTIC AVENUE AND MAP 87, PARCELS 42 AND 44 UNCATENA STREET F/K/A WANNACOMET STREET The undersigned being the majority of the duly elected and serving members of the Board of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, having a principal place of business at Town and County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section 3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 102 adopted by the Town at its 2011 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of every other power and authority hereto enabling us, having complied with all the preliminary requirements prescribed by law, having determined that the taking of the fee in those certain parcels of land comprising portions of Myles Standish Street f/k/a Shimmo Street and Atlantic Avenue, and the fee in the parcels shown on Town Assessor’s Map 87, Parcels 42 and 44 Uncatena Street f/k/a Wannacomet Street described below (“Parcels”) is required for general municipal purposes and public access purposes, and/or open space purposes do hereby adopt and decree this Order of Taking on behalf of the Town and do hereby take from the supposed owners of the Parcels, those who hold easements and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all rights of passage, if any, as follows: The land shown on a plan of land entitled “Plan to Acquire Land for General Municipal Purposes in Surfside Area Prepared for the Town of Nantucket in Nantucket, MA, Scale: 1” = 40’, Date: May 13, 2011, Nantucket Surveyors LLC” (the “Plan”) and recorded with the Nantucket Registry of Deeds as Plan No. 2011-39 and consisting of the following Parcels described on the Plan: Parcel Address/Location Area ± Parcel 80 Myles Standish Street 3,166 s.f. Assessor ID Supposed Owner(s) Title Reference Map 87 Nantucket Islands Land Bank Book 718, Page 340 Parcel 40 Parcel Address/Location Area ± Parcel 81 Myles Standish Street 4,271 s.f. Property ID Supposed Owner(s) Title Reference Map 87, Parcel 40 Nantucket Islands Land Bank Book 718, Page 340 Parcel Address/Location Area ± Parcel 85 Atlantic Avenue 1,775 s.f. Property ID Supposed Owner(s) Title Reference Map 87, Parcel 44 Heirs of Eugene A. Yates Certificate of Title No. 3604 Parcel Address/Location Area ± Parcel 83 Uncatena Street 3,573 s.f. Assessor ID Supposed Owner(s) Title Reference Map 87, Parcel 42 Heirs of Lyman S. Meston Book 79, Page 72 and Including Helen I. Moorhouse, Josephine Book 115, Page 72 Kilduff , George Kilduff, Dan B. Foster, Henry W. Grady, Henry W. Grady, Jr., Ruth Grady, Carney Hospital and the Devisees of Margaret P. Yates Parcel Address/Location Area ± Parcel 84 Uncatena Street 15,033 s.f. Assessor ID Supposed Owner(s) Title Reference Map 87, Parcel 44 Heirs of Eugene A. Yates including Certificate of Title Eugene Adam Yates, Jr., Anne Yates No. 3604 Proctor, Eugene A. Yates III, Virginia R. Yates, Margaret Yates Buckenmayer, Samuel Yates, the heirs of Paul C. Shepard, the heirs of Reese A. Shepard, the heirs of Wendy Shepard Chisolm, and the Heirs of Edward M. Shepard III Any and all trees, vegetation, structures and improvements at the Parcels are included in this Order of Taking. The damages sustained by the supposed owner(s) listed above by reason of this taking of the Parcels are valued and awarded in a resolution of even date adopted by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended. If any party named hereinabove as an owner of any Parcels taken hereby is not a true owner of said Parcels, then the award is made only to the true owner(s) of said Parcels. (Remainder of Page Intentionally Blank. Signatures Follow on Next Page.) Adopted under seal this day , 2011 TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN Rick Atherton Whiting Willauer Patricia Roggeveen Michael Kopko Robert DeCosta COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss On this day of , 2011, before me, the undersigned notary public, personally appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My commission expires: 430724/NANTYDSALE/0001 COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET BOARD OF SELECTMEN ORDER OF TAKING BY EMINENT DOMAIN OF EASEMENTS OVER PORTIONS OF HULBERT AVENUE The undersigned being the majority of the duly elected and serving members of the Board of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, having a principal place of business at Town and County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section 3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 107 adopted by the Town at its 2011 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of every other power and authority hereto enabling us, having complied with all the preliminary requirements prescribed by law, having determined that the taking of the easement rights of others in and over those certain parcels of land comprising portions of Hulbert Avenue formerly known as Hulbert Street, owned by the Town by virtue of a Certificate of Title No. 2283 filed with the Nantucket Registry District of the Land Court and shown as Parcels A and B on a plan of land entitled “Roadway Acquisition/Disposition Plan in Nantucket, Mass. A Portion of Hulbert Avenue, Assessors Map 29 & 30 Prepared by Bracken Engineering, Inc.,” dated May 19, 2011 and recorded with the Nantucket Registry of Deeds as Plan No. _____ (the “Parcels’) is required for open space and/or general municipal purposes, do hereby adopt and decree this Order of Taking on behalf of the Town and do hereby take from those who hold easements and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may appear, by the right of eminent domain, the easement rights in and over the Parcels, if any. Said easement is owned or supposed to be owned and/or formerly owned by the public as set forth in the above-referenced Certificate of Title and more specifically by the following Owner: Record Owner of Easement: Joseph A. Young. Joseph J. Young and Frances T. Young Benefitted Property: 43 Jefferson Avenue, Nantucket, MA Mailing Address: 4000 Massachusetts Avenue, N.W. #716, Washington, D.C. Title Reference: Certificate of Title No. 23529 Any and all trees, vegetation, structures and improvements at the Parcels are included in this Order of Taking. The damages sustained by the supposed owner(s) listed above by reason of this taking of the Parcels are valued and awarded in a resolution of even date adopted by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended. If any party named hereinabove as an owner of any Parcels taken hereby is not a true owner of said Parcels, then the award is made only to the true owner(s) of said Parcels. (Remainder of Page Intentionally Blank. Signatures Follow on Next Page.) Adopted under seal this day , 2011 TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN Rick Atherton Whiting Willauer Patricia Roggeveen Michael Kopko Robert DeCosta COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss On this day of , 2011, before me, the undersigned notary public, personally appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My commission expires: 431450/NANTYDSALE/0001 COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET BOARD OF SELECTMEN ORDER OF TAKING BY EMINENT DOMAIN OF PORTIONS OF LAUREL STREET The undersigned being the majority of the duly elected and serving members of the Board of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, having a principal place of business at Town and County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section 3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 96 adopted by the Town at its 2009 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of every other power and authority hereto enabling us, having complied with all the preliminary requirements prescribed by law, having determined that the taking of the fee in those certain parcels of land comprising portions of Laurel Street described below (“Parcels”) is required for general municipal purposes, do hereby adopt and decree this Order of Taking on behalf of the Town and do hereby take from the supposed owners of the Parcels, those who hold easements and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all rights of passage, if any, as follows: The land shown on a plan of land entitled “Taking Plan of Land in Nantucket, MA., Laurel Street, Town of Nantucket,” dated June 22, 2011, prepared by On-Island Land Survey Co.(the “Plan”) and recorded with the Nantucket Registry of Deeds herewith as Plan No. and consisting of the following Parcels described on the Plan: Parcel Address/Location Area ± Parcel One Laurel Street 9,600 s.f. Assessor ID Supposed Owner(s) Title Reference Map 80, Book 386, Page 333 Parcel 144 George F. Decambra as Trustee of the Trust Agreement dated August 27, 1991 recorded with said Deeds in Book 386, Page 281, and Karen A. DeCambra as Trustee of the Trust Agreement dated August 27, 1991 recorded with said Deeds In Book 386, Page 307 Parcel Address/Location Area ± Parcel Two Laurel Street 4,800 s.f. Assessor ID Supposed Owner(s) Title Reference Map 80, Parcel 143.2 Nantucket Six Pochick, LLC Book 1220, Page 334 Parcel Address/Location Area ± Parcel Three Laurel Street 4,800 s.f. Assessor ID Supposed Owner(s) Title Reference Map 80, Parcel 143.1 Peter W. Atkinson and Janet R. Book 1006, Page 73 Atkinson Any and all trees, vegetation, structures and improvements at the Parcels are included in this Order of Taking. The damages sustained by the supposed owner(s) listed above by reason of this taking of the Parcels are valued and awarded in a resolution of even date adopted by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended. If any party named hereinabove as an owner of any Parcels taken hereby is not a true owner of said Parcels, then the award is made only to the true owner(s) of said Parcels. (Remainder of Page Intentionally Blank. Signatures Follow on Next Page.) Adopted under seal this day , 2011 TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN Rick Atherton Whiting Willauer Patricia Roggeveen Michael Kopko Robert DeCosta COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss On this day of , 2011, before me, the undersigned notary public, personally appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My commission expires: 431395/NANTYDSALE/0001 COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET BOARD OF SELECTMEN ORDER OF TAKING BY EMINENT DOMAIN OF PORTIONS OF HAWTHORNE STREET, IRVING STREET, VERNON STREET, WAVERLY STREET, ADAMS STREET AND POCOMO AVENUE The undersigned being the majority of the duly elected and serving members of the Board of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, having a principal place of business at Town and County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section 3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 76 adopted by the Town at its 2010 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of every other power and authority hereto enabling us, having complied with all the preliminary requirements prescribed by law, having determined that the taking of the fee in those certain parcels of land comprising portions of Hawthorne Street, Irving Street, Vernon Street, Waverly Street, Adams Street and Pocomo Avenue described below (“Parcels”) is required for general municipal purposes and public access purposes, do hereby adopt and decree this Order of Taking on behalf of the Town and do hereby take from the supposed owners of the Parcels, those who hold easements and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all rights of passage, if any, as follows: The land shown on a plan of land entitled “Roadway Acquisition Plan in Nantucket, Mass. Of Hawthorne Street, Irving Street, Vernon Street, Waverly Street, Adams Street, Pocomo Avenue, Prepared by Bracken Engineering, Inc.,” dated July 29, 2011 (the “Plan”) and recorded with the Nantucket Registry of Deeds herewith as Plan No. and consisting of the following Parcels described on the Plan: Parcel Address/Location Area ± Parcel A Hawthorne Street, Pocomo Avenue 24,000 s.f. and Irving Street Assessor ID Supposed Owner(s) Title Reference Map 79 Patrick W. Taaffe and Carol A. Muehling Book 565, Page 337 Parcel 180 Parcel Address/Location Area ± Parcel B Irving Street, Pocomo Avenue 24,000 s.f. and Vernon Street Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 181 Patrick W. Taaffe and Carol A. Muehling Book 407, Page 125 Parcel Address/Location Area ± Parcel C Vernon Street, Pocomo Avenue 24,000 s.f. And Waverly Street Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 174 Whitney A. Gifford, Trustee of 25 Okorwaw Avenue Nominee Trust Book 764, Page 145 Parcel Address/Location Area ± Parcel D Hawthorne Street and Pocomo Avenue 12,000 s.f. Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 178 Heirs of Henrietta M. Mills Book 82, Page 8 Parcel Address/Location Area ± Parcel E Pocomo Avenue and 12,000 s.f. Irving Street Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 177 NHA Properties, Inc. Book 512, Page 117 Parcel Address/Location Area ± Parcel F Vernon Street, Pocomo Avenue 10,800 s.f. and Irving Street Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 176 James B. Rockett and Daniel F. Rockett Book 360, Page 255 Parcel Address/Location Area ± Parcel G Irving Street 2,000 s.f. Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 156 Andrew G. Hausman and Dawne D. Book 812, Page 78 Hausman Parcel Address/Location Area ± Parcel H Vernon Street 2,000 s.f. Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 156 Andrew G. Hausman and Dawne D. Book 812, Page 78 Hausman Parcel Address/Location Area ± Parcel I Waverly Street 7,600 s.f. Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 154 John E. Fox, III and Mary Ann Fox Book 624, Page 21 Parcel Address/Location Area ± Parcel J Adams Street, Pocomo Avenue 16,400 s.f. And Waverly Street Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 118 Douglas J. Kepple and Christina Kepple Book 473, Page 38 Parcel Address/Location Area ± Parcel K Adams Street and Pocomo Avenue 10,000 s.f. Assessor ID Supposed Owner(s) Title Reference Map 79, Parcel 117 John F. Polmonari and Marilee J. Book 874, Page 320 Polmonari, Trustees of 4 Mohansett Road Realty Trust Any and all trees, vegetation, structures and improvements at the Parcels are included in this Order of Taking. The damages sustained by the supposed owner(s) listed above by reason of this taking of the Parcels are valued and awarded in a resolution of even date adopted by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended. If any party named hereinabove as an owner of any Parcels taken hereby is not a true owner of said Parcels, then the award is made only to the true owner(s) of said Parcels. (Remainder of Page Intentionally Blank. Signatures Follow on Next Page.) Adopted under seal this day , 2011 TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN Rick Atherton Whiting Willauer Patricia Roggeveen Michael Kopko Robert DeCosta COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss On this day of , 2011, before me, the undersigned notary public, personally appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My commission expires: 431431/NANTYDSALE/0001 COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET BOARD OF SELECTMEN ORDER OF TAKING BY EMINENT DOMAIN OF PORTIONS OF POLLOCK AVENUE, HIGH STREET, WESTERN AVENUE AND MORGAN SQUARE The undersigned being the majority of the duly elected and serving members of the Board of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, having a principal place of business at Town and County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section 3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 107 adopted by the Town at its 2011 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of every other power and authority hereto enabling us, having complied with all the preliminary requirements prescribed by law, having determined that the taking of the fee in those certain parcels of land comprising portions of Pollock Avenue, High Street, Western Avenue and Morgan Square described below (“Parcels”) is required for general municipal purposes and public access purposes, do hereby adopt and decree this Order of Taking on behalf of the Town and do hereby take from the supposed owners of the Parcels, those who hold easements and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all rights of passage, if any, as follows: The land shown on a plan of land entitled “Perimeter Plan & Roadway Division Plan of Land in Nantucket, Mass., Prepared for Town of Nantucket, Scale: 1”=50’, June 7, 2011, Blackwell & Associates, Inc.” (the “Plan”) and recorded with the Nantucket Registry of Deeds as Plan No. 2011-37 and consisting of the following Parcels described on the Plan: Parcel Address/Location Area ± Parcel 3 Western Avenue 2,106 s.f. Assessor ID Supposed Owner(s) Title Reference Map 87 Anthony B. Farrell, Brigid Ann Book 434, Page 319 Parcel 93 Farrell and Dorothy Ann Farrell as Trustees of Farrell Realty Trust u/d/t dated December 28, 1993 recorded with said Deeds in Book 434, Page 323 Parcel Address/Location Area ± Parcel 4 Pollock Avenue, Morgan Square, 87,350 s.f. High Street and Western Avenue Property ID Supposed Owner(s) Title Reference Map 87, Town of Nantucket Book 81, Page 258, Parcels 86, 90, Book 246, Page 263 and 36, 4 and 91 Book 1013, Page 139 Map 87, Nantucket Islands Land Bank Book 1286, Page 126 Parcel 4 Parcel Address/Location Area ± Parcel 5 Morgan Square 6,891 s.f. Property ID Supposed Owner(s) Title Reference Map 87 Richard J. Glidden, Trustee of Book 937, Page 89 Parcel 34 Roanalan Realty Trust u/d/t dated January 18, 2005 recorded with said Deeds in Book 937, Page 91 Parcel Address/Location Area ± Parcel 6 Morgan Square 5,934 s.f. Assessor ID Supposed Owner(s) Title Reference Map 87 Parcel 3.3 Paul D. Cleary Book 387, Page 61 Any and all trees, vegetation, structures and improvements at the Parcels are included in this Order of Taking. The damages sustained by the supposed owner(s) listed above by reason of this taking of the Parcels are valued and awarded in a resolution of even date adopted by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended. If any party named hereinabove as an owner of any Parcels taken hereby is not a true owner of said Parcels, then the award is made only to the true owner(s) of said Parcels. (Remainder of Page Intentionally Blank. Signatures Follow on Next Page.) Adopted under seal this day , 2011 TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN Rick Atherton Whiting Willauer Patricia Roggeveen Michael Kopko Robert DeCosta COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss On this day of , 2011, before me, the undersigned notary public, personally appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My commission expires: 430715/NANTYDSALE/0001 DEPARTMENT OF MUNICIPAL FINANCE TOWN OF NANTUCKET Finance Director (508) 325-7518 (508)228-7209 Operations (508) 228-7209 Town & County Building Collector (508) 228-7270 16 Broad Street Treasurer (508) 228-7265 Nantucket, MA 02554 Assessor (508) 228-7211 Accounts Payable (508) 228-7275 TO: C. Elizabeth Gibson, Town Manager FROM: Irene Larivee, Finance Director DATE: August 8, 2011 RE: Finance Department Progress - July 2011 Attached is the monthly progress report relating to: the findings and areas of concern of the FY 10 audit and management letter; the Abrahams Report recommendations implementation, and Department of Revenue report submittals. Fiscal Year 2010 Audit Management Letter The audit management letter outlines areas for improvement and identifies findings and weaknesses. The Town’s FY 10 management letter contains eight findings requiring immediate attention including implementation of internal controls; cash reconciliations; legacy account issues; enterprise funds; county reconciliations; late journal entries; enterprise fund inter fund transfers; capital borrowing and associated expenditures. Action Taken Since July 1, 2011: 1. Town Cash Reconciliations: Incomplete. The Treasurers Cashbook wasn’t 100% completely reconciled within the allotted time period (July 21, 2011) Therefore, the Acting Town Accountant wasn’t able to complete the cash reconciliation process from the Treasurers Cashbook to the General Ledger. The expectation is to have both the May 31, 2011 and June 30, 2011 cash reconciliations complete for all accounts, including the two remaining legacy accounts by August 18, 2011. 2. County Cash Reconciliations: Complete. The Management Letter also identifies other areas of concern that need to be corrected during the remainder of FY2011 and FY2012, including reconciling Massachusetts Highway Grants; Accounting for Trust Fund Balances; Commingling Cash Accounts of Enterprise Funds; Fraud Risk Assessment; Accounting for Off-Duty Police and Fire Details; Dental Insurance Withholding Deficit; General Ledger Maintenance and Reconciliations for Nantucket County; Receivable Reconciliations; Prepaid Expense Balance; Journal Entry Control; and County Escrow Accounts. An update on key items listed in the prior paragraph follows: 1. Accounting for Trust Fund Balances – In progress. Trust fund bank statements are received on a quarterly basis. Therefore, we anticipate reconciliation of the cash balances in the Trust Funds will be completed for the final quarter of FY11 . The June 30, 2011 cash reconciliation is due on August 18, 2011. Page 2 of 3 2. General Ledger Maintenance and Reconciliations for Nantucket County – Complete for Fiscal Year 2011. 3. Receivable Reconciliations – Incomplete. The receivable reconciliation for May was due July 21, 2011. The staff member previously performing reconciliations for the town is no longer with the town. Therefore, the Finance Director will ensure the June 30, 2011 receivables are reconciled by the due date of August 18, 2011. 4. Enterprise Funds Cash Reconciliation – Complete. The final reconciliation for June 30, 2011 from the Cashbook to the Airport and Wannacomet Water General Ledger cash accounts will be completed on August 18, 2011. 5. Enterprise Fund Inter-fund Transfers – Complete for Fiscal Year 2011. 6. Journal Entry Control – In progress. For the month of June, Town journal entries have a cumulative decrease of 98.9% over FY2010 (283 in FY11 vs. 522 in FY10); with County journal entries cumulatively decreased by 67.3% (33 in FY11 vs. 90 in FY10. Department of Revenue Schedule The Massachusetts Department of Revenue provides a schedule of tasks with an associated timeline for all municipalities in the Commonwealth. Action Taken Since July 1, 2011: 1. Certification date for Free Cash – In progress. The free cash schedule is now open on the Department of Revenue’s website for towns to submit the information required for free cash certification. The Acting Town Accountant is in the process of preparing the necessary reports for the Department of Revenue. The deadline to submit the free cash certification application is September 15, 2011. 2. Report Community Preservation Fund Balance – In progress. Similar to free cash, the Department of Revenue has released the schedule for towns to report their community preservation fund balance. The report is due to the Department of Revenue on October 31, 2011. 3. Deadline for Appealing Commissioner’s Pipeline Valuations to ATB - Complete. The town is not appealing at this time. Abrahams Implementation Plan In 2008, the Town contracted with the Abrahams Group to provide an organizational review of the Finance Department. Within the report were thirty-six recommendations to improve the organizational structure of the department. As of July 31, 2011; twenty or 55.6% of the recommendations have been implemented; with an additional ten or 27.7% in progress. Action Taken Since July 1, 2011: 1. Recommendation #16: Decentralize cash receipt entry. In progress. Phase I and II are up and operational. Phase III of the implementation is scheduled for completion at the end of August.  Phase I includes the Airport, Police Department, Fire Department, Planning Department, Wannacomet Water, Siasconset Water and the Community School  Phase II includes Code Enforcement, Public Works, Our Island Home, Visitor Services, and the Marine Department Page 3 of 3  Phase II includes Human Services, Town Clerk, Town and County Administration, School Departments, County Registry of Deeds, and the Tax Collectors office. 2. Recommendation #35: Assistant Treasurer Function. In progress. The remaining task is to remove all cash receipt posting authority to the general ledger. The completion target date is August 30, 2011. If you have any questions or concerns regarding our progress to date or future deadlines, please don’t hesitate to let us know. Combined Status of Management Letter, Abrahams Implementation, and Department of Revenue ScheduleJuly 28, 2011Rec. #Fundamental Purpose/ObjectiveDate DueAccomplishedCommentResponsible for Performing Task's) Responsible for Follow UpPartially AccomplishedNot AccomplishedDOR Schedule1Mail Annual Preliminary Tax Bills Tax Collector Finance Director 7/1/2010N/ATown on Semi-annual tax bills until FY2013DOR Schedule2Certification Date for Free Cash Town Accountant Finance Director 7/15/2010√DOR Schedule3Report Community Preservation Fund Balance Town Accountant Finance Director 7/15/2010√DOR Schedule4Certification Date for Excess and Deficiency (E&D) Fund School Business Officers Superintendent 7/15/2010 N/ADOR Schedule5Deadline for Appealing Commissioner's Pipeline Valuations to ATB Assessor Finance Director 7/15/2010√NOT APPEALINGManagement Letter1b. Cash ReconciliationsTreasurer / Assistant Treasurer / Town Accountant / Accounting Clerk Acting Finance Director(s) 7/21/2011√County Complete; Town waiting on May Cashbook.Management Letter9General Ledger Maintenance and Reconciliations for CountyAssistant Finance Director / Town Accountant Acting Finance Director(s) 7/21/2011√CompleteManagement Letter10Receivable ReconciliationsStaff Accountant / Town Accountant / OIH Administrator / DPW Acting Director Acting Finance Director(s) 7/21/2011√May not complete; June in progress.Management Letter1d. Enterprise FundsTreasurer / Airport Accountant / Water AccountantActing Finance Director(s) / Airport Manager / Water Manager 7/21/2011√In progress Management Letter1g. Enterprise Fund Inter-fund TransfersTown Accountant / Assistant Finance Director Acting Finance Director(s) 7/21/2011√May CompleteAbraham's Implementation16 b.Decentralize cash receipts data entry into Munis to departmentsDepartment Heads / Assistant Finance Director Town Manager7/31/2011√Scheduled 2nd team training and implementation in July (Includes: Code Enforcement, Public Works, OIH, Visitor Services, and Marine Department.)8/8/2011             MEMO TO: Town Manager FROM: Traffic Safety Work Group DATE: August 3, 2011 RE: Jefferson Avenue Accessible Parking Spaces The Traffic Safety Work Group reviewed a request for a second accessible parking space near the Galley Beach on Jefferson Avenue. Following a site visit, Traffic Safety recommends designating two accessible spaces to be located on the right side of Jefferson Avenue at the end, one behind the other, with a space in between them to allow access to a gate entrance to the cottages.