HomeMy WebLinkAboutBoard of Selectmen Agenda December 7, 2011 Packet_201402061624597042
Town of Nantucket
Coastal Management Principles For Town-Owned/Operated Property
Coastal Erosion
The following principles define the Town of Nantucket’s approach to dealing with
coastal erosion:
1. That the Town of Nantucket identifies areas of concern that threaten public
infrastructure or threaten critical habitat including but not limited to endangered
species habitat, town roads and significant public infrastructure. 2. Any person(s) wishing to apply for a coastal erosion project permit on town-
owned land must provide a public benefit statement to the Board of Selectmen for
review prior to filing the application with any federal, state, or local agency.
Public benefit statement is required for the Town of Nantucket to sign any
application as the property owner. 3. Any erosion control measure being proposed on town owned land shall be
permitted by all proper federal, state and local agencies and any proposed project
shall contain the following components prior to the authorization of use for town
owned land:
a. Demonstration of no adverse impact to surrounding properties. b. Demonstration of how the project protects public infrastructure or areas of
public concern.
c. A mitigation protocol for the removal of the erosion control structure
including appropriate funds in perpetuity for removal of the permitted
structure. d. Permanent improvement of public access to the coastal area, such as
permanent easements across private lands to the coastal area.
e. Construction protocols with contact information for all permit holders and
contractors involved with the project.
f. A monitoring and reporting protocol including beach profiling, nourishment volumes and the integrity of the structure.
g. Presentation of the proposed project in a public hearing with the Board of
Selectmen or County Commissioners.
4. Copies of all required federal, state and local permits are to be submitted to the
Board of Selectmen a minimum of 1 month prior to the scheduled public hearing. 5. The Town of Nantucket shall not fund any erosion control structure unless
significant public infrastructure is threatened.
6. No work on any coastal erosion structure shall take place in identified areas of
protected species habitat during periods determined to be inappropriate in
connection with the life cycles of such species.
1
BARNSTABLE COUNTY RETIREMENT
ASSOCIATION
OVERVIEW OF PENSION SYSTEM
Town of Nantucket
Board of Selectmen
December 7, 2011
2
AGENDA
MASSACHUSETTS SYSTEM
Overview
BARNSTABLE COUNTY SYSTEM
Overview
Investment Performance (6/30/11)
PENSION REFORM
3
MASSACHUSETTS SYSTEM
105 Contributory Retirement Systems within the
Commonwealth of Massachusetts
Chapter 32 of the General Laws provides the
public employee “retirement plan,” and
establishes the benefits, contribution
requirements, and accounting for all systems
Retirement systems are administered by Boards
consisting of five members
Oversight by PERAC
4
MASSACHUSETTS SYSTEM
Prior to 1988, retirement appropriations were on a “pay
as you go” basis – as employees retired, the Town
would begin to contribute to their retirement
The 1987 pension reform required systems to be “fully
funded” within 40 years, or by 2028 (now by 2040)
Employee contributions were repeatedly increased (see
slide 10); employers were now required to make
scheduled payments (Assessment or ARC) towards the
unfunded liability based upon a valuation of the
retirement system
5
BARNSTABLE COUNTY SYSTEM
RETIREMENT BOARD
RETIREMENT BOARD MEMBERS
Mark Zielinski, Chairman
Mary Pat Flynn, Commissioners’ Appointee
Karen Walden, Advisory Board Member
C. Randall Sherman, Elected Member
Mark Foley, Elected Member
Debra Cohen, Executive Director
James Quirk, Esq., Board Counsel
6
BARNSTABLE COUNTY SYSTEM
BOARD MEMBERS’ FIDUCIARY DUTY
840 CMR 1.01: Board Members' Duty:
A board member shall discharge all of his/her duties
solely in the interest of members and their beneficiaries,
and
(1) For the exclusive purpose of:
(a) providing benefits to members and their
beneficiaries; and
(b) defraying reasonable expenses of administering
the system.
7
BARNSTABLE COUNTY SYSTEM
BOARD MEMBERS’ FIDUCIARY DUTY
(2) With the care, skill, prudence and diligence under
the circumstances then prevailing that a prudent person
acting in a like capacity and familiar with such matters
would use in the conduct of an enterprise of like
character and with like aims.
(3) By diversifying the investments of the system so as
to minimize the risk of large losses, unless under the
circumstances it is clearly prudent not to do so.
8
BARNSTABLE COUNTY SYSTEM
BOARD MEMBERS’ FIDUCIARY DUTY
4) In accordance with the Massachusetts General Laws,
the rules and regulations promulgated by the
Commission, and rules and regulations adopted by the
Board and approved by the Commission.
(ERISA Standards)
9
TOTAL MEMBERS
4,786 Active Members*
2,422 Retirees/Beneficiaries
772 Inactive Members
Of Those Receiving a Benefit:
680 are between ages 70-79
440 are between ages 80-89
105 are 90 and older
10
ACTIVE MEMBER CONTRIBUTIONS
Employees contribute a percentage of “regular
compensation” to the retirement system:
Employees who established membership after 1/1/79
contribute an additional 2% of compensation in excess
of $30,000
Membership Date Rate
Prior to 1/1/75 5%
After 1/1/75, prior to 1/1/84 7%
After 1/1/84, prior to 7/1/96 8%
After 7/1/96 9%
11
RETIREE MEMBER BENEFITS
BENEFIT LEVEL
Average Annual Benefit - $18,768
70% of BCRA Retirees Receive Less Than
$22,000 in Annual Benefits
Group 1 Employees Retiring Today Have
Funded Approximately 75-80% Of Their Total
Lifetime Retirement Benefit
NORMAL COST
Employee – 9.2%, Employer – 4.6%
12
PERAC ANALYSIS
Contributions & the Percentage of Benefit
Paid by Employee
Age at Hire 25 35
Retire @ 55 115% 100%
Retire @ 60 104% 90%
Retire @ 65 128% 89%
BARNSTABLE COUNTY SYSTEM
(as of 1/1/2010)
Funded Ratio - 53.9%
Unfunded Liability - $475,333,767
Required Rate of Return - 8%
Year Fully Funded - 2038
FY2012 Appropriation - $ 43,807,158
13
14
INVESTMENT PERFORMANCE
(As of 06/30/11)
Quarter 1 Year
PRIT FUND +1.68 +22.36
($593.963M)
AVT ($4.591M) +3.59 +19.32
INTERCNTL IV +0.06 + 9.24
($1.98M)
CASH ($1.7M) +0.04 + 0.09
TOTAL FUND +2.81 +17.18
($602.234M)
PRIT CORE FUND ASSET
ALLOCATION (January 1, 2011)
12
22%
22%
7%
1%
13%
6%
10%
8%
4%
7%Domestic Equity
International Equity
Emerging Markets
Portable Alpha Wind
DownCore Fixed Income
Value-Added Fixed
IncomePrivate Equity
Real Estate
Timber/Natural
ResourcesHedge Funds
16
ACTUARIAL CHANGES
Extended the Funding Schedule to 2038 (max is 2040)
Reduced the Actuarially Required Rate of Return to 8% (from 8.25%)
Assessment changes to 6% increase over the next three years, then 4% annually thereafter (assuming investments earn 8% annually)
Increase COLA Base by $1,000 per year over next three years to $15,000 (from $12,000)
TOWN OF NANTUCKET
373 Active Members
Payroll (for Retirement Purposes) of
$23,524,044 (9/30/10)
10.3% of the BCRA Total Payroll
($228,339,916)
2012 Assessment = $4,372,452*
2013 Assessment = $4,634,799 (+6%)
18
PENSION REFORM
In the 2009 – 2010 session, the Legislature enacted
many substantive reforms to the Massachusetts
public pension laws
For the current 2011 -2012 legislative session, further
changes have been adopted which will significantly
change the retirement laws. Most, but not all, of these
changes impact new members entering the retirement
system after the effective date of April 2, 2012.
19
PENSION REFORM
Current & New Members
Senate 2065:
Doubles the interest rate charged for buying-back prior service (Full actuarial Interest rate)
Previously retired officials, elected to office who wish to re-enter service return retirement allowance with “buyback” interest (currently no interest)
Pro-rates service according to years of service in each group (calculate retirement from each group, then apply ratio based on years of service) (currently last group worked)
20
PENSION REFORM
Current & New Members
For pension calculations, salary/wage increases are limited to 10% of the average over the preceding 2 years. (Excepts bona-fide promotions or changes in hours)
Prohibits a person who retires from an elected position from holding that position again until one year has passed
21
PENSION REFORM
New Members Only (>4/2/12)
Increases “normal” retirement age by 2 years – (Group 1, 65 =>67, Group 4, 55 =>57)
Increases the rate (from 0.10 to 0.15) at which the maximum age factor (2.5) is reduced for each year less than “normal” retirement age.
22
PENSION REFORM
New Members Only (>4/2/12)
AGE & RATE INCREASE EXAMPLE:
Say EE has 30 years of service. Currently, at 65, they would receive 75% (2.5 x 30). Each year less than 65, the factor decreases 0.1, so at 60 years, they receive 60% (2.0 x 30).
Under the H35, it’s a double whammy, normal age is 67 and the factor decreases faster, so at 60 the factor has decreased 7 times (not 5) and the factor has decreased at a faster rate (0.15 instead 0.1). So at 60 years old the same retiree would get 43.5% of their salary (30 x (2.5 – (7x.15))).
23
PENSION REFORM
New Members Only (>4/2/12)
Changes “termination allowance” provision and allows employee with 10 or more years of service who fail of nomination, re-election, or is removed…,etc. to retire at the minimum retirement age (Group 1 - 60, Group 4 – 50)
Eliminates retirement below the minimum age with 20 or more years of service and allows superannuation only at minimum retirement age.
24
PENSION REFORM
New Members Only (>4/2/12)
Contribution rates remain the same for all members (9% plus 2% over $30k)
Increases the period for computing average earnings from 3 to 5 years.
25
PENSION REFORM
OTHER PROVISIONS
Allows same-sex partners married before 5/17/05 and retired before 5/17/04 to change to Option “C”
Expands process for recovering pension payments from convicted retirees
Requires cost analysis for bills providing specific benefits to certain individuals.
Retirement Boards must review all collective bargaining agreements for Ch. 32 compliance
26
PENSION REFORM
STUDY COMMISSIONS
To study disability retirements
To study OPEB benefits and perform an
actuarial study
To study deferred compensation
To study the Group classification system
Treasurer to study “structural” reforms and
optional DC and hybrid plans
27
QUESTIONS/CONTACT
Barnstable County Retirement Association
(508) 775-1110
ACCEPTANCE OF EASEMENT
The Town of Nantucket, acting by and through its Board of Selectmen pursuant to its
authority under the Town of Nantucket Charter, Article________ hereby accepts a Bicycle Path
Easement from Lawrence M. Maury, Trustee of Austin Farm Realty Trust, which is recorded with the Nantucket County Registry of Deeds in Book 241, Page 324, on this ____ day of ______________, 2011.
TOWN OF NANTUCKET
By its Board of Selectmen
__________________________________
Rick Atherton
__________________________________
Whiting Willauer
__________________________________ Patricia Roggeveen
__________________________________ Michael Kopko
__________________________________
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this ___ day of _____________________, 2011, before me, the undersigned notary
public, personally appeared Rick Atherton, Whiting Willauer, Patricia Roggeveen, Michael
Kopko and Robert DeCosta, as members of the Board of Selectman 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:
438598/NANT19713/0001
QUITCLAIM DEED
Parcel A, Holly Street, Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts acting by and through its Board of Selectmen (the “Grantor”), in consideration of Five Thousand One and 00/100 Dollars ($5,001.00), receipt of which is hereby acknowledged, pursuant to the
authority of Article 99 voted upon at 2011 Annual Town Meeting, a certified copy of which is
attached hereto, grants to K. Douglas Briggs, Trustee of the DCNC Trust under a Declaration
of Trust dated September 8, 2011, recorded with the Nantucket County Registry of Deeds in Book 1293, Page 259 of 26 Nonantum Avenue, Nantucket, Massachusetts 02554 (the “Grantee”), with QUITCLAIM COVENANTS, that certain plot of land shown as Parcel A,
Holly Street, on a plan of land entitled “Roadway Acquisition, Disposition Plan in Nantucket,
Mass., A Portion of Holly Street, Assessors Map 80 & 87, Prepared by Bracken Engineering,
Inc.” dated May 4, 2011, recorded with Nantucket County Registry of Deeds as Plan No. 2011-22. The premises hereby conveyed is a portion of Holly Street in Nantucket, Massachusetts, and contains approximately 5,000 square feet of vacant land (the “Parcel”).
The Grantor’s conveyance of this Parcel is based in part on the Grantee’s warranty and
representation to the Grantor that such Parcel shall be used for residential purposes only and shall, for all intents and purposes, be combined with and considered as one parcel with the abutting lot at 26 Nonantum Avenue and shown on Town Assessor’s Map 87 as Portion of Parcel
20 previously acquired by Grantee pursuant to Deed recorded with said Deeds in Book 1293,
Page 284(collectively with the Parcel, the “Combined Premises”), and that no part of such Parcel
or the Combined Premises shall hereafter be used for non-residential purposes nor divided, subdivided or conveyed as a separate parcel or parcels. Accordingly, the Parcel hereby granted
to the Grantee is conveyed subject to permanent restrictions coupled with a reversionary interest
hereby reserved to and held by the Grantor, forever restricting the Parcel and Combined
Premises to residential use, prohibiting the division or subdivision of any portion of the
Combined Premises, and prohibiting the conveyance or use of any portion of the Combined Premises apart from another portion of the Combined Premises, and automatically effectuating a
reversion of the Parcel to the Grantor, if within twenty-four (24) months of the date of this Deed,
the Parcel has not been merged with the Grantee’s existing property in accordance with the
Town of Nantucket By-Laws and statutes. These restrictions shall run with the title to the
Combined Premises, and no part of the Combined Premises shall be hereafter used, conveyed, divided or subdivided in a manner inconsistent with these restrictions unless the Grantor, in
addition to any other permission required by law, grants to the Grantee or to all their successors,
heirs and assigns, such Grantor’s prior written release for such use, conveyance, division or
subdivision and recorded with said Deeds.
By accepting and recording this Quitclaim Deed, the Grantee expressly agrees to the Grantor’s reservation of, and otherwise grants to the Grantor, such restrictions on the use of the
Combined Premises. These restrictions shall be enforceable for a term of 200 years from the date
hereof, and all of the agreements, restrictions, rights and covenants contained herein shall be
deemed to be “other restrictions held by any governmental body,” pursuant to G.L. c. 184, §26, such that the restrictions contained herein shall be enforceable for the term of 200 years and not be limited in duration by any contrary rule or operation of law. Nevertheless, if recording of a
notice is ever needed to extend the time period for enforceability of these restrictions, the
Grantee hereby appoints the Grantor as its agent and attorney in fact to execute and record such
notice and further agrees that the Grantee shall execute and record such notice upon request. The undersigned certifies that there has been full compliance with the provisions of G. L.
c. 44 §63A.
No deed stamp taxes are due on this conveyance pursuant to G.L. c. 64D, §1. For Grantor’s title, see Order of Taking recorded with said Deeds in Book 1281, Page
139.
EXECUTED under seal this day of , 2011.
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this day of , 2011, before me, the undersigned Notary Public, personally appeared Rick Atherton, Whiting Willauer, Patricia Roggeveen, 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 and deed of the Board of Selectmen of the Town of Nantucket.
Notary Public My Commission Expires:
437943v2/NANT19712/0026
RELEASE DEED
The TOWN OF NANTUCKET, acting by and through its Board of Selectmen, a
Massachusetts municipal corporation, having offices at 16 Broad Street, Nantucket,
Massachusetts,
for consideration paid and in full consideration of ONE AND NO/100 DOLLAR ($1.00),
grants to PJM PROPERTIES, LLC, with a mailing address of 14 Plum Street,
Nantucket, MA 02554
all of Grantor’s right, title and interest, if any, in and to that portion of property located at
146 Surfside Road, Nantucket, Massachusetts bounded and described as follows:
NORTHERLY by Lot 3 on Plan hereafter referred to 438.35 feet; and
EASTERLY by Cherry Street, 125.00 feet; and
SOUTHERLY by Weweeder Avenue, 440.00 feet; and
WESTERLY by Surfside Road, 125.01 feet
Containing 54,907+ square feet and being shown as Lot 4 on “Plan of Land in Surfside,
Nantucket Island, MA, dated May 7, 1998” and prepared by Charles W. Hart and
Assoc., Inc. for Robert L. and Virginia A. Hart and filed at Nantucket Registry of Deeds
at Plan File 53-A
This conveyance is made without any covenants of title of any kind or nature
whatsoever.
This conveyance is made without monetary consideration to confirm Grantee’s record
title to said Lot 4.
This conveyance is made pursuant to the authority of Article 104 adopted at the April,
2011 Nantucket Annual Town Meeting, a certified copy of which is attached hereto.
The conveyance hereby made has been completed in full compliance with the
requirements of MGL CH 30 B.
In witness whereof the undersigned set their hands and seals this _________ day of
__________________________ , 2011 on behalf of the Town of Nantucket.
Town of Nantucket
By and through its
Board of Selectmen:
_________________________ ________________________
RICK ATHERTON PATRICIA ROGGEVEEN
_________________________ ________________________
ROBERT DECOSTA WHITING WILLAUER
_________________________
MICHAEL KOPKO
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket
On this ____ day of ________________ 2011, before me, the undersigned notary
public, personally appeared Rick Atherton, Robert DeCosta, Michael Kopko, Patricia
Roggeveen and Whiting Willauer (a) ____ personally known to me, or (b) ____ proved
to me through satisfactory evidence of identification, which was ___________________
(type of identification), to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that he/she signed it voluntarily for its
stated purpose.
___________________________________
Official Signature and Seal of Notary Public
My Commission expires:
Town AdministrationTown Administration Fiscal Year 2013 Fiscal Year 2013 General Fund Budget General Fund Budget RecommendationsRecommendationsDecember 7, 2011December 7, 2011Board of SelectmenBoard of Selectmen’’s Meetings Meeting
Town Administration Strategy for Town Administration Strategy for FY 2013 Budget & Future YearsFY 2013 Budget & Future Years Continuation of Five Year Strategy:Continuation of Five Year Strategy: FY 2009: Review service levels of existing departmentsFY 2009: Review service levels of existing departments FY 2010FY 2010--FY2011: Review opportunities to streamline FY2011: Review opportunities to streamline operations and improve efficiencies across multiple operations and improve efficiencies across multiple departmentsdepartments FY 2012: Implement cost savings and efficiency measures FY 2012: Implement cost savings and efficiency measures through 3 departmental consolidationsthrough 3 departmental consolidations FY 2013 and future years:FY 2013 and future years: Continued review & Continued review & implementation of additional consolidations, efficiency implementation of additional consolidations, efficiency measures, and continued effort toward program budgetingmeasures, and continued effort toward program budgeting
FY 2013 Budget ProcessFY 2013 Budget Process Budget Cycle began in AugustBudget Cycle began in August Methodology for Planning AssumptionsMethodology for Planning Assumptions Forecast to Forecast to ““Live WithinLive Within”” Projected RevenueProjected Revenue 1% Minimum Capital Funding Requirement plus, included in 1% Minimum Capital Funding Requirement plus, included in ForecastForecast Landfill mining cost included in Forecast (GF vs SWEF)Landfill mining cost included in Forecast (GF vs SWEF) Health insurance projection based on existing employeesHealth insurance projection based on existing employees Reviews with BOS, Department Heads, Ad Hoc Budget Reviews with BOS, Department Heads, Ad Hoc Budget Work GroupWork Group
Impact of FY 2013 Budget Impact of FY 2013 Budget RecommendationsRecommendations Continue adjusting to Consolidations made for FY 12 Continue adjusting to Consolidations made for FY 12 (ie, Code Enforcement)(ie, Code Enforcement) Complete implementation of Central Dispatch (final 2 Complete implementation of Central Dispatch (final 2 positions) delayed, until FY 2014positions) delayed, until FY 2014 Expanded information technology services (Open Expanded information technology services (Open Meeting Law compliance; onMeeting Law compliance; on--line permitting, website line permitting, website improvements/maintenance) delayed without improvements/maintenance) delayed without additional position, until FY 2014additional position, until FY 2014 Surveying and town real estate management will Surveying and town real estate management will continue to be a challengecontinue to be a challenge
Options to Address Additional Options to Address Additional Needs not Funded for FY 2013Needs not Funded for FY 2013 ReRe--examine nonexamine non--essential Town servicesessential Town services Senior Day CareSenior Day Care Health and Human Services Annual Funding Health and Human Services Annual Funding AllocationAllocation ReRe--examine funding of Landfill Miningexamine funding of Landfill Mining Landfill Fee EstablishmentLandfill Fee Establishment Operating OverrideOperating Override
General Fund General Fund Revenue AssumptionsRevenue AssumptionsCategoryCategory2012201220132013201420142015201520162016Tax RevenueTax Revenue2.7%2.7%1.3%1.3%1.0%1.0%2.6%2.6%2.3%2.3%New GrowthNew Growth56.9%56.9%--40.3%40.3%2.0%2.0%0.9%0.9%--0.3%0.3%Allowance for AbatementsAllowance for Abatements103.5%103.5%--43.6%43.6%11.3%11.3%1.8%1.8%9.2%9.2%State RevenueState Revenue--.03%.03%--10.1%10.1%--5.1%5.1%--2.5%2.5%--3.1%3.1%Excise TaxExcise Tax--6.8%6.8%4.7%4.7%0.4%0.4%0.2%0.2%0.1%0.1%License & PermitsLicense & Permits--0.9%0.9%0.0%0.0%0.2%0.2%0.2%0.2%0.1%0.1%Fees, Rentals, InterestFees, Rentals, Interest--1.4%1.4%1.9%1.9%0.0%0.0%0.2%0.2%0.0%0.0%Fines, Forfeits, PenaltiesFines, Forfeits, Penalties--6.4%6.4%--1.1%1.1%--2.0%2.0%--1.0%1.0%--1.1%1.1%OtherOther--79.6%79.6%0.5%0.5%0.5%0.5%0.4%0.4%0.2%0.2%Miscellaneous RecurringMiscellaneous Recurring--9.8%9.8%0.0%0.0%--.01%.01%--2.6%2.6%--5.1%5.1%Misc NonMisc Non--RecurringRecurring100%100%0%0%0%0%0%0%0%0%Projected Inc (Dec)Projected Inc (Dec)1.3%1.3%--2.1%2.1%1.8%1.8%2.3%2.3%2.0%2.0%
General Fund General Fund Expense AssumptionsExpense AssumptionsCategoryCategory2012201220132013201420142015201520162016Town SalariesTown Salaries1.0%1.0%2.0%2.0%1.4%1.4%1.2%1.2%1.2%1.2%School Salaries**School Salaries**--1.0%1.0%3.0%3.0%1.4%1.4%1.2%1.2%1.2%1.2%Operating ExpenseOperating Expense5.7%5.7%3.9%3.9%0.00.01.0%1.0%1.0%1.0%Medical Insurance PremiumsMedical Insurance Premiums9.2%9.2%4.0%4.0%6.0%6.0%8.0%8.0%10.0%10.0%General Insurance General Insurance --25.6%25.6%6.6%6.6%9.0%9.0%9.0%9.0%9.0%9.0%Barnstable County RetirementBarnstable County Retirement--0.7%0.7%10.1%10.1%10.6%10.6%10.4%10.4%10.9%10.9%Health & Human Svcs Health & Human Svcs ContractsContracts0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%Capital Imp from RevenueCapital Imp from Revenue100%100%92.9%92.9%13.5%13.5%--0.7%0.7%2.4%2.4%General Fund SubsidyGeneral Fund SubsidySolid Waste EnterpriseSolid Waste Enterprise2.2%2.2%2.1%2.1%2.1%2.1%2.0%2.0%2.5%2.5%Our Island Home EnterpriseOur Island Home Enterprise--1.5%1.5%1.5%1.5%1.5%1.5%1.2%1.2%2.5%2.5%Projected Inc (Dec)Projected Inc (Dec)3.1%3.1%--2.1%2.1%1.9%1.9%2.3%2.3%2.1%2.1%**Does not include School Committee Recommendations
FY 2013 GENERAL FUND FY 2013 GENERAL FUND PROJECTIONPROJECTION$72,589,124$72,589,124
FY 2013 Town Administration FY 2013 Town Administration Balanced Budget RecommendationBalanced Budget Recommendation SummarySummary FY 13 Projected Revenue =FY 13 Projected Revenue = $72,589,124$72,589,124 FY 13 Projected Expenses = FY 13 Projected Expenses = $72,720,684$72,720,684 Gap (Town) =Gap (Town) = ($ 131,560)($ 131,560) Capital Adjustment (Town) =Capital Adjustment (Town) = $ 131,560$ 131,560 BalanceBalance $ 0 $ 0
FY2013 Projected RevenueFY2013 Projected Revenue (($72,589,124)$72,589,124) FY2013 PROJECTED EXPENSE:FY2013 PROJECTED EXPENSE: TownTown $19,321,700$19,321,700 EducationEducation $22,422,860$22,422,860 Shared ExpensesShared Expenses $12,299,500$12,299,500 Debt ServiceDebt Service $ 7,613,980$ 7,613,980 Our Island Home Enterprise Fund GF SubsidyOur Island Home Enterprise Fund GF Subsidy $ 3,213,000$ 3,213,000 Solid Waste Enterprise Fund OverrideSolid Waste Enterprise Fund Override $ 2,999,000$ 2,999,000 Solid Waste Enterprise Fund GF SubsidySolid Waste Enterprise Fund GF Subsidy $ 2,198,000$ 2,198,000 Other Articles & AssessmentsOther Articles & Assessments $ 2,521,084$ 2,521,084 FY2013 General Fund Budget Variance FY2013 General Fund Budget Variance $ 0$ 0Summary of FY 2013 General Summary of FY 2013 General Fund Balanced BudgetFund Balanced Budget
FY 2013 Unfunded FY 2013 Unfunded Town Core Service NeedsTown Core Service Needs Public SafetyPublic Safety $ 488,433$ 488,433 Three Police Officers Remain Unfunded Three Police Officers Remain Unfunded Two Central Dispatchers Remains UnfundedTwo Central Dispatchers Remains Unfunded Two Firefighter/EMT Positions Remain UnfundedTwo Firefighter/EMT Positions Remain Unfunded General Government General Government $ 92,488$ 92,488 New IT Technician Position Not FundedNew IT Technician Position Not Funded Total Unfunded FY 2013 Core Services Total Unfunded FY 2013 Core Services $580,921$580,921
General Fund Personnel HistoryGeneral Fund Personnel History FY 2007 FY 2007 –– 20132013Full Time Full Time Equivalent Equivalent Positions Positions (FTE(FTE’’s)*s)*FY07 FY07 ActualActualFY08FY08ActualActualFY09 FY09 ActualActualFY10 FY10 ActualActualFY11 FY11 BudgetBudgetFY12 FY12 BudgetBudgetFY13 FY13 Projection as Projection as of of 11/30/11*11/30/11*Town Town Personnel Personnel History **History **213.00213.00199.00199.00202.50202.50189.75189.75186.50186.50183.75183.75185.25185.2520.9%20.9%--6.6%6.6%1.8%1.8%--6.3%6.3%--1.7%1.7%--1.5%1.5%0.8%0.8%Education Education Personnel Personnel History***History***263.00263.00291.95291.95279.60279.60258.20258.20244.40244.40243.0243.0(TBD)(TBD)--8.8%8.8%11.0%11.0%--4.2%4.2%--7.7%7.7%--5.3%5.3%--0.6%0.6%(TBD)(TBD)Total FTETotal FTE’’ss476.0476.0490.95490.95482.10482.10447.95447.95430.9430.9426.75426.75(TBD)(TBD)Net Change Net Change in FTEin FTE’’ss2.4%2.4%3.1%3.1%--1.8%1.8%--7.1%7.1%--3.8%3.8%--1.0%1.0%(TBD)(TBD)*Full Time Equivalent Calculation = 33-40 Hrs 1.0; 20-32 Hrs 0.50; Seasonal = 0.25**For comparative purposes, Town Personnel History does not include Our Island Home*** Education Personnel History includes Community School Employees
General Fund Personnel HistoryGeneral Fund Personnel History FY 2007 FY 2007 –– 20132013*Full Time Equivalent Calculation = 33-40 Hrs 1.0; 20-32 Hrs 0.50; Seasonal = 0.25**For comparative purposes, Town Personnel History does not include Our Island Home*** Education Personnel History includes Community School Employees
General Fund FY 2013 Projection General Fund FY 2013 Projection –– ““UnknownsUnknowns”” RevenuesRevenues State Local Aid State Local Aid -- Current assumption is a 10% decreaseCurrent assumption is a 10% decrease Free CashFree Cash Chapter 90 Chapter 90 Expenses Expenses Barnstable County Retirement Assessment Barnstable County Retirement Assessment –– Current Current assumption is 10% increaseassumption is 10% increase Capital Expenditures Capital Expenditures –– Continued review by Capital Program Continued review by Capital Program CommitteeCommittee
Other Potential Impacts on General Other Potential Impacts on General Fund Operating BudgetFund Operating Budget Unfunded Citizen Warrant Articles*: Unfunded Citizen Warrant Articles*: New Revolving Fund for Record Preservation/StoverNew Revolving Fund for Record Preservation/Stover $ 50,000$ 50,000 Establishing a Tom Nevers NRTA Route/DuntonEstablishing a Tom Nevers NRTA Route/Dunton $ 50,000$ 50,000 Design, Engineering, and Construction of Tom Nevers Design, Engineering, and Construction of Tom Nevers Bike Lane/BartlettBike Lane/Bartlett $$ 500,000500,000Total :Total : $600,000$600,000 Enterprise Fund Potential Additional Subsidy NeedsEnterprise Fund Potential Additional Subsidy Needs Our Island HomeOur Island Home*Subject to Town Meeting Approval; not included or funded within the General Fund Budget Projection
Conclusion Proactive measures taken prior to FY 13 put Town in a decent position going forward Hiring freeze initiated in 2008 Consolidations implemented in FY 11/12 Adoption of Local Meals Tax, Increase in Rooms Occupancy Tax in 2009 Increased utilization of revolving funds for eligible expenses
Next StepsNext Steps December 5: Enterprise Fund budget projections dueDecember 5: Enterprise Fund budget projections due December 14: Board of Selectmen begin review of FY 13 December 14: Board of Selectmen begin review of FY 13 budget; review of debt service with Financial Advisorbudget; review of debt service with Financial Advisor December 21: Board of Selectmen continued review of FY 13 December 21: Board of Selectmen continued review of FY 13 budgetbudget December 31: Receive Barnstable County Retirement December 31: Receive Barnstable County Retirement Assessment Projection for FY13Assessment Projection for FY13 January 4: Board of Selectmen public hearing on FY 13 budgetJanuary 4: Board of Selectmen public hearing on FY 13 budget January 11: Review of updated budget projection; Board of January 11: Review of updated budget projection; Board of Selectmen adoption of FY 13 budget recommendationSelectmen adoption of FY 13 budget recommendation January 23: Review of Board of Selectmen FY 13 budget January 23: Review of Board of Selectmen FY 13 budget recommendation with Finance Committeerecommendation with Finance Committee TBA: Review of Recent Updated OPEB ReportTBA: Review of Recent Updated OPEB Report
Questions?Questions?
Town of NantucketGeneral Operating Fund Planning Projection, Expense2012 Budget, 2013-2016 ProjectionsUnaudited ATMEstimated Appropriations and Other Uses:OriginalActual BudgetprojectionprojectionprojectionprojectionAppropriation DetailBudget 2005fye 2011fye 2012fye 2013fye 2014fye 2015fye 2016Article 8 Items:(08/08/11) (4/4/2011)(11/30/2011) Salaries - Town (includes allowance for collective bargaining)13,567,600$ 13,127,268$ 13,952,265$ 14,235,590$ 14,449,000$ 14,624,000$ 14,801,000$ Salaries - School #REF! 17,098,828$ 17,188,594$ 17,627,560$ 17,892,000$ 18,109,000$ 18,109,000$ Transfers to community school 310,000 235,000$ 219,300 219,300 219,300 219,300 219,300 SUBTOTAL SALARIES:#REF!30,461,096$ 31,360,159$ 32,082,450$ 32,560,300$ 32,952,300$ 33,129,300$ Operating Expenses, Town: 4,948,150 4,373,994$ 4,664,166$ 4,986,110$ 4,936,000$ 4,985,000$ 4,935,000$ Operating Override - 2011 Mosquito Control- 100,000 100,000 100,000 100,000 100,000 Operating Expenses, School 3,471,707 4,946,303$ 4,531,106$ 4,576,000$ 4,622,000$ 4,668,000$ 4,715,000$ SUBTOTAL OPERATING EXPENSE#REF!9,320,297$ 9,295,272$ 9,662,110$ 9,658,000$ 9,753,000$ 9,750,000$ Group Medical Insurance6,800,000 6,415,328$ 7,301,000 7,593,000 8,049,000 8,693,000 9,562,000 General Insurance (all other insurance)991,000 1,170,495$ 1,329,000 1,416,500 1,544,000 1,683,000 1,700,000 SUBTOTAL INSURANCE7,791,000$ 7,585,823$ 8,630,000$ 9,009,500$ 9,593,000$ 10,376,000$ 11,262,000$ SUBTOTAL DEBT SERVICE #REF!9,096,732$ 9,053,860 7,613,980$ 7,269,399$ 7,155,102$ 6,965,536$ SUBTOTAL RETIREMENT2,575,700$ 2,838,086$ 2,988,750$ 3,290,000$ 3,640,000$ 4,020,000$ 4,460,000$ Article 8 Total#REF!59,302,034$ 61,328,041$ 61,658,040$ 62,720,699$ 64,256,402$ 65,566,836$ Article __: Energy Committee Request Article 2: Unpaid Bills13,352 62,669 2,795.76 25,000 25,000 25,000 25,000 Article 5: Reserve Fund 710,000 605,500 668,000 500,000 500,000 500,000 500,000 Article 9: Health and Human Services 329,996 317,883 317,883 317,880 317,880 317,880 318,000 Article 10: Capital budgeted from revenue (Town Bylaw 11-12.1) - 371,640 716,800 813,527 807,641 826,924 Article 10: capital articles from free cash & excess overlay672,201 2,228,360 - - - Article 10: Capital budgeted from Revolving Funds- - - - - Article 12: Transfer to Enterprise Fund1 900 000 Article 12: Transfer to Enterprise Fund 1,900,000 - - - - - - Transfer to Enterprise Fund (Our Island Home - Beginning FY2011) 3,213,041 3,165,920 3,213,000 3,261,000 3,300,000 3,383,000 Add: Additional Subsidy from Free Cash (Our Island Home)- - - - - Transfer to Enterprise Fund (SWEF Operating Override 1999/2006) 1,900,000 2,855,000 2,926,000 2,999,000 3,074,000 3,151,000 3,230,000 Add: Additional General Fund Subsidy to SWEF 2012-Forward* 1,877,522 2,165,085 2,198,000 2,231,000 2,258,000 2,314,000 Add: Additional Subsidy from Free Cash 631,000 - - - Add: Year End Transfers to Enterprise Funds 55,027 Add: Additional Subsidy from Free Cash Unpaid Bills 13,884 - - - - Article 14: Transfer to Enterprise Fund Capital from Free Cash 166,220 - - - - Article XX: Act Relative to William J. Higgins (Rounded) - 29,539 - - - Article 16: County Assessment 100,000 100,000 162,000 166,050 170,201 174,500 178,863 Article 74: to stabilization fund- 00000Total Appropriations#REF!69,871,980$ 73,365,264$ 71,793,770$ 73,113,307$ 74,790,423$ 76,342,622$ Other Required and Recommended Expenditures overlay and other deficits205,983 217,589 400,293415,354 425,738 437,980 438,137 Cherry Sheet Offsets and Charges 338,600 361,358 370,144380,000 399,000 419,000 427,000220,000Total Appropriations and Other Required Expenditures#REF!70,450,927 74,135,70272,589,12473,938,045 75,647,40377,207,759Excess (deficit)#REF!2,711,120 (0) 0 (0) 0 (0) As of 12/2/201112/2/2011 11:52 AM
Town of NantucketGeneral Operating Fund Planning Projection, Revenue2012 Budget, 2013-2016 ProjectionsupdaActualActualprojection projection projection projection projection(745,369.1)fye 2010fye 2011fye 2012fye 2013fye 2014fye 2015fye 2016Property Tax Valuation:(10/31/11)revaluation yearrevaluation yearassessed valuation 20,063,008,015 17,208,429,90517,208,400,000 17,363,300,000 17,571,700,000 17,782,600,000 17,996,000,000Tax Revenue Limitationslevy limit from prior year 50,556,143$ 52,503,548$ 54,149,195$ 56,125,599$ 57,840,739$ 59,604,997$ 61,416,545$ add: 2 1/2 % increase 1,263,904$ 1,312,589 1,353,830 1,403,140 1,446,018 1,490,125 1,535,414 add: Prop 2.5% operating overrideadd: new growth estimate 683,501$ 333,058522,574 312,000 318,240 321,422 320,619add: operating override -33.53%100,000levy limit for current year 52,503,548$ 54,149,195 56,125,599 57,840,739 59,604,997 61,416,545 63,272,577 add: debt exclusion 8,890,665$ 8,964,893 8,709,1306,875,848 6,640,836 6,588,214 6,441,823 less: amount reserved for debt service, prior yr levymaximum allowable levy for current year 61,394,213 63,114,08864,834,729 64,716,587 66,245,833 68,004,759 69,714,400Amt lost due to fractional tax rate / pennyActual tax levy per recapOne penny on the tax rate raises: 203,967$ 176,296$ 177,137$ 178,902$ 181,238$ 186,745$ 189,383$ Residential Tax Rate (estimated) 3.01$ 3.58$ 3.66$ 3.62$ 3.66$ 3.64$ 3.68$ Estimated Revenue and Other Resources: fractional loss (rates are in whole numbers only) Local property taxes (real and personal)61,394,213$ 63,114,088$ 64,834,729$ 64,717,000$ 66,246,000$ 68,005,000$ 69,714,000$ less: fraction of a penny, not taxableLess - allowance for abatement: forecast for 2012is0.00%(832,311)$ (879,419) (1,790,061)(1,010,480) (1,125,093) (1,146,103) (1,251,075)Net available:60,561,902 62,234,66963,044,668 63,706,520 65,120,907 66,858,897 68,462,925State Revenue: Continued decline1,704,342$ 1,620,219 1,616,8381,455,154 1,382,396 1,347,837 1,307,401Local Revenue: Our Island Home * 3,627,591$ 000000 Excise Taxes * 3,138,657$ 4,544,907 4,237,0004,438,000 4,459,690 4,469,839 4,476,395 Licenses & Permits * 931,845$ 1,015,424 1,007,0001,007,7501,010,2691,012,7951,013,808 Fees, rentals, interest * 1,865,467$ 1,031,287 1,017,0001,037,300 1,037,300 1,039,893 1,039,893 Fines, forfeits, penalties * 248,241$ 894,784 838,000829,600 813,008 804,878 796,829 Other *204,446$ 267,481 54,50054,800 55,074 55,349 55,488 Miscellaneous Recurring -$ 63,128 60,00060,000 59,400 57,915 55,019 Non-recurring- 6,843 - - - - - Total Local Revenue10,016,2477,823,8547,213,5007,427,450 7,434,741 7,440,670 7,437,432Total Revenue72,282,491$ 71,678,742$ 71,875,006$ 72,589,124$ 73,938,045$ 75,647,403$ 77,207,759$ Other SourcesEnterprise Fund (Wannacomet, Siasconset, Airport, Sewer, Solid Waste) 6,388,656 - - - Amount reserved for debt serviceFree Cash used (for future years, only stabilization fund amount is shown)1,483,305 2,260,695.17 - - - - Excess Overlay- Transfer from Ambulance Reserve Fund (Article 11)- - - - - - moved excess overlay, as those items are in article 10- Transfer from Ambulance Reserve Fund (Article 8)266,000$ - - - - - - Transfer from Ambulance Reserve Fund (Article 10)- Transfer from Waterways Improvement Fund (Article 10) - Transfer from Capital Projects503,776$ - Transfer from Ferry Fund 150,000$ - - - - - - From RESERVED FUND BALANCE (debt service)Total Revenue and Other Resources79,590,923$ 73,162,048$ 74,135,701$ 72,589,124$ 73,938,045$ 75,647,403$ 77,207,759$ Total Expenditures and Other Uses (budget reprogramming)71,852,818$ 70,450,927$ 74,135,702$ 72,589,124$ 73,938,045$ 75,647,403$ 77,207,759$ Budgetary surplus (deficit)7,738,105$ 2,711,120$ (0)$ 0$ (0)$ 0$ (0)$ As of 12/2/201112/2/2011 11:53 AM
11/28/2011FY 13 Expense Increase Request CategoriesTIER IDeptRequestAmountCode EnforcementTravel$5,000IS/GISSoftware Support Increase$10,000PoliceDispatchers x 2 (incl insurance)$135,258DPWSnow removal$10,000DPWOffice Equipment R/M$500DPWVehicles R/M$1,000DPWRoad Materials$2,600DPWSign Making Materials$13,000TOTAL TIER I$177,358TIER IIDeptRequestAmountHuman ResourcesCopier/Scanner$1,277H & S Servicespart-time Program Assistant (incl insurance)$43,573IS/GISSupport Position$92,354Planning Reclass Increase$15,000DPWSurveying services$25,000TOTAL TIER II$177,204TIER IIIDeptRequestAmountDPWChristmas Tree Expenses$2,000Visitor ServicesSpecial event expenses$1,800TOTAL TIER III$3,800TOTAL$358,362TIER II Criteria: Additional staff/program/service to fill clear resource or service gaps; improvements in serviceTIER III Criteria: Nice to have; addresses an outstanding issue; not critical to town operationsTIER I Criteria: Legal mandate; required licensure-related; immediate cost savings; already committed; necessary maintenance issues
Article 68 Work Group on Fertilizer Application on NantucketProgress Report to the Board of SelectmenDecember 7, 2011
The Charge to the Work Group To recommend constructive changes in perfecting the language of the proposed legislation for Article 68 of the 2010 Annual Town Meeting (Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the Town of Nantucket); to develop a comprehensive plan to reduce the amount of nitrogen and phosphorus in our waters, including legislative action, whether a refined home-rule petition and/or a bylaw amendment, and other relevant actions contained in the Harbors Action Plan; to develop an implementation action plan with roles and responsibilities specifically delineated, as well as measurements of effectiveness for ongoing assessment; and to develop a timeframe and a budget.
Outline Best Management Practices for Fertilizer Application on Nantucket, BMP Regulatory Package Home Rule Petition Board of Health Regulations Proposed Open Work Shop to Discuss the Work Group’s findings in Detail Future Work including Education.
The BMP
Editing Progress for the BMP All scientific reviews have been received Experts from UMass, UConn, Cornell, North Country Organics, and Pace Turf Valuable input Extensive meetings to consider their suggestions Role of compost in the supply of Nitrogen and Phosphate Final editing is underway by the Work Group We should engage a professional editor if it is to be published
Regulatory Package Drafts for Review Home-Rule Petition Board of Health Regulations Counsel Review Work Group Participation Final Versions State Legislation
Proposed Open Work Shop Article 68 Work Group proposes an open work shop with BOS Date and Timing selected for your convenience Public will be encouraged to attend Can be a model for future work shops with landscapers, venders, and members of the public
Future Work Education Summary paragraphs in edited BMP will provide text for brochures HPIC will include a section on fertilizer in their “Blue Pages” Article 68 Work Group will create text for Brochures “handy” cards Vender handouts Publication will require funds Maintenance and Follow-on Functions. Who?
Thank You The Work Group thanks the BOS for its support Implementation will soon be upon us Continuing public interaction will be important
A Proposal to the Board of Selectmen of the Town and County of Nantucket from the Article 68 Work Group for Regulations Enforced by the Board of Health of the Town of
Nantucket (December 7, 2011)
BOARD OF HEALTH REGULATIONS ON THE CONTENT AND APPLICATION OF FERTILIZER USED IN THE TOWN OF NANTUCKET
SECTION 1. FINDINGS
1.1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect fresh and salt waters when present in excessive amounts. These excessive amounts of nitrogen and
phosphorus contribute to undesirable algae and aquatic plant growth within all
Nantucket water bodies.
SECTION 2. PURPOSE
2.1. It is necessary to control by Regulation in the Town of Nantucket the use of
fertilizer that contains phosphorus and nitrogen so as to improve the water quality
of the Town. 2.2. These Regulations provide for a reduction of nitrogen and phosphorus going
into Nantucket’s waters and wetlands by means of an organized system of
education, licensure, and regulation of practice and should help Nantucket to
achieve compliance with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and phosphorus in its waters.
SECTION 3. AUTHORITY
3.1. These Regulations are adopted by the Town of Nantucket's Board of Health as authorized by Massachusetts General Laws, Chapter 111, Subsection 31.
SECTION 4. DEFINITIONS; For the purposes of these Regulations, the following words
shall have the following meanings unless the context clearly indicates a different
meaning:
“Agriculture” means farming in all of its branches and the cultivation and tillage
of the soil, the production, cultivation, growing, and harvesting of any
agricultural, floricultural or horticultural commodities. For the purposes of these
Regulations, agriculture means the raising of crops for commercial sale, where the threshold of commercial is two thousand five hundred dollars ($2500.00) or more
per year measured as an average over a five-year period. See also “horticulture.”
“Amendment” refers to the application of substances to soils and plantings;
amendments include but are not limited to fertilizers and may include other soil conditioners such as lime, compost, and other organic materials.
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“Applicator” means any person who applies fertilizer to plants and soils.
“Best Management Practice,” BMP, means a sequence of activities designed to
limit a nonpoint pollution source. For the purposes of these Regulations and pursuant to Section 5.1 of these Regulations, BMP means the current edition of “Best Management Practices for Fertilizer Use on Lawn and Landscape Plantings
on Nantucket, MA.”
“Combination Products,” sometimes known as “Weed and feed,” means any product that, in combination with fertilizer, contains weed killer, defoliant, crabgrass preventer, or any other chemical for restricting the growth of plants
other than turf.
“Compost” is partially decomposed organic matter that is used as a soil amendment. Compost is considered a fertilizer for the purposes of this Act.
“Compost tea” is a liquid infusion of compost that is used as a soil amendment or
foliar fertilizer. Compost tea is considered a fertilizer for the purposes of this Act.
“Continuing education hours” means elapsed or actual time spent in an educational, professional-development activity.
“Fast-acting nitrogen” means any water-soluble nitrogen that is immediately
available to plants upon application. “Fertilize, fertilizing, or fertilization” means the act of applying fertilizer to plants
or soils.
“Fertilizer” means a substance that enriches the soil with elements essential for plant growth, such as nitrogen, phosphorus, or other substances; fertilizer does not
include those nutrients that are normally excluded from fertilizer such as
chemically part of dolomite, limestone, or lime. Fertilizer includes foliar
fertilizers as defined below.
“Foliar Fertilizer” means any fertilizer product designed for uptake into a plant
through its leaves and which typically are sprayed directly onto a plant.
“Horticulture” is a general term meaning plant science and plant products. For
the purposes of these Regulations, horticulture means the raising of flowers, fruits, vegetables, berries, herbs, nuts, and other similar products for commercial
sale, where the threshold of commercial is two thousand five hundred dollars
($2500.00) or more per year measured as an average over a five-year period. See
also “agriculture.”
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“Impervious surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
“Landscape professional” means a person who, in exchange for money, goods,
services, or other consideration, applies fertilizer to plants or soils. “Landscaping” means establishment by sod, seeding, or transplanting, renovation,
maintenance, or fertilization of turf and other plantings.
“Licensed applicator” means a person authorized by the Nantucket Board of Health or Health Agent to apply fertilizer for commercial purposes.
“Nantucket” is the Town and County of Nantucket and all of its waters.
“Nantucket BMP” is the current edition of the “Best Management Practices for Fertilizer Use on Lawn and Landscape Plantings on Nantucket, MA.” Pursuant to Section 5.1 of these Regulations, the Nantucket BMP is adopted by the Board of
Health and is generally available to the public.
“‘Nonpoint Pollution’ means contamination which includes but is not limited to sediments, nutrients, pathogens, and pollutants that collect in water-bodies from
stormwater runoff.” (301 CMR 26.03, “Definitions” in the “Coastal Pollutant
Remediation Program”)
“Nonpoint Pollution Source (NPS)” means any activity releasing pollution that is not deemed point-source pollution.
“Nutrient” means any of the following 16 elements needed for growth of a plant;
the three (3) non-mineral elements: carbon, hydrogen, and oxygen; the six (6) macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium, and
sulphur; and the seven (7) micronutrients: boron, copper, iron, chloride,
manganese, molybdenum, and zinc.
“Nutrient management” means systematic control of the application of nutrients.
“Plantings” means organized cultivation of plants for beneficial purposes.
“Plants” are biological organisms in the Kingdom Plantae that, for the purposes of
this Act, are used domestically.
“Point-Source water pollution” comes from stationary locations such as sewage
treatment plants, factories, and ships and is subject to regulatory control under the
Clean Water Act.
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“Slow-release, controlled-release, timed-release, slowly available, or water-insoluble nitrogen” means nitrogen in a form that delays its availability for plant
uptake and use after application and is not rapidly available to turf and other
plants.
“Soil” means the upper-most layer of the earth’s surface, comprised of mineral and organic matter, which can host biological communities.
“Soil test” means a technical analysis of soil conducted by an accredited soil-
testing laboratory. “Turf” means grass-covered soil held together by the roots of the grass, also
known as “sod” or “lawn.”
“Waters” or “Water-bodies” include, but are not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, and estuaries within the Town of Nantucket,
including without limitation all waters defined in Massachusetts General Laws
Chapter 131, Section 40 and Town of Nantucket Code Section 136 with the
exception of the following: coastal and inland banks, beaches, coastal dunes, dune fields, and lands subject to coastal storm flowage, inland or coastal flooding or inundation, or within 100 feet of the hundred-year storm line, or within any area
located within the geographic boundaries of the resource areas that are habitat for
rare/significant wildlife and/or fauna.
SECTION 5. STANDARDS OF PERFORMANCE
5.1. Nantucket Best Management Practices
There shall be available at all times a Nantucket Best Management Practices (Nantucket BMP) document that is approved by the Board of Health that is based
on principles of soil science appropriate to Nantucket soils and climate. The
initial version of the Nantucket BMP was developed by a broad group of
stakeholders representing diverse interests and has been reviewed by soil and turf
scientists and educators. Amendment of the Nantucket BMP shall be based on scientific information and shall be initiated by a similarly broad group. Such
changes may go into effect only after scientific review by knowledgeable soil
scientists and shall require a vote of a supermajority of the Board of Health.
5.2. Prohibited Conduct. Applicators shall not:
5.2.1. apply fertilizer immediately before or during heavy rainfall, such as
but not limited to thunderstorms, hurricanes, or north eastern storms, or
when the soil is saturated due to intense or extended rainfall;
5.2.2. apply fertilizer between October 16th and the following April 14th;
5
5.2.3. apply, spill, or deposit fertilizer on any impervious surface and fail
to remove the applied, spilled, or deposited fertilizer immediately, or to
apply fertilizer in a manner that allows fertilizer to enter into storm drains;
5.2.4. apply fertilizer closer than 100 feet to any water-body as defined above unless a permit is obtained from the Nantucket Conservation
Commission allowing such activity [This reflects current Nantucket
Wetland Regulations];
5.2.5. deposit grass clippings, leaves, or any other vegetative debris into or within 25 feet of water-bodies, retention and detention areas, drainage
ditches or storm water drains, or onto impervious surfaces such as, but not
limited to, roadways and sidewalks, except during scheduled clean-up
programs. 5.3. Fertilizer Content and Application Requirements for Applicators
5.3.1. The following restrictions shall apply to the content of fertilizer to
be applied to turf, other plants, or soil. 5.3.1.1. An applicator shall not apply more than 0.25 lb N/1000 sq
ft of fast-release nitrogen fertilizer in any one application.
5.3.1.2. An applicator shall not apply fertilizer that contains phosphorus, unless a soil test indicates a phosphorus deficiency and it is applied in conformance with the Nantucket BMP.
5.3.1.3. Applications of compost, which contain phosphorus, may
only be applied in conformance with the Nantucket BMP.
5.3.2. A single application of nitrogen for turf shall not exceed 0.5 pounds
of actual nitrogen per thousand square feet and the annual rate shall not
exceed 3.0 pounds of actual nitrogen per thousand square feet; a single
application for trees, shrubs, herbs and other ornamental plantings shall not exceed 0.5 pounds of actual nitrogen per thousand square feet and the
annual rate shall not exceed 2.0 pounds of actual nitrogen per thousand
square feet. Exemptions to this standard, as in Section 5.4.2., may be
allowed to licensed applicators who follow the Nantucket BMP.
5.3.3. Applications of nitrogen shall be done at intervals of no less than
two weeks until the annual maximum is reached.
5.3.4. The fertilizer application requirements of Section 5.3.2. shall apply
without limitation to the application of combination products.
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5.3.5. Foliar fertilizers shall be applied in compliance with the Nantucket BMP. The nitrogen application rate of foliar products shall be included
when calculating the annual total nitrogen application rate.
5.3.6. Compost and compost tea shall be applied in compliance with the Nantucket BMP. The nitrogen and phosphate application rates of compost and compost tea shall be included when calculating the annual total
fertilizer application rate.
5.4. Exemptions. The following activities shall be exempt from Sections 5.2. and 5.3.
5.4.1. Application of phosphorus when establishing vegetation, after land
disturbance, and when re-establishing or repairing turf after substantial
damage, provided the application is in compliance with the Nantucket BMP. When applied within 100 ft of any water-body such application requires a permit from the Nantucket Conservation Commission [This
reflects current Nantucket Wetland Regulations].
5.4.2. Application of fertilizer by a licensed applicator when following the recommendations of the Nantucket BMP; a written record must accompany this exemption.
5.4.3. Landscape professionals may apply fertilizer without a license in
accordance with the Nantucket BMP during the interim between adoption of these Regulations and the development of a licensing program by the Nantucket Board of Health.
5.4.4. Application of fertilizer for agricultural and horticultural uses,
including sod farms.
SECTION 6. EDUCATION, LICENSURE, ENFORCEMENT, AND PENALTIES.
6.1. Education
6.1.1. The Town of Nantucket Board of Health shall maintain a program
of fertilizer education that is based on the Nantucket BMP.
6.1.2. The Town’s Board of Health shall administer a test passage of
which shall demonstrate an individual’s participation in fertilizer education.
6.1.3. Summaries of fertilizer application requirements will be made
readily available to the public by the Town.
6.2. Licensure
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6.2.1. A license issued by the Town of Nantucket Board of Health is
required of Landscape Professionals when they fertilize lawns and
plantings; such a license may be held but is not required by home-owners
who apply fertilizer on their own property. 6.2.2. Persons who pass the test described in 6.1.2. may apply to the Board
of Health for a fertilizer license.
6.2.3. Fertilizer licenses shall be valid for a period of three years from the date of issuance; renewal requires obtaining the required amount of continuing education hours or passage of the current test.
6.3. Enforcement
The Health Director and Assistant Health Officer are hereby empowered to enforce this Section of the Board of Health Regulations.
6.4. Penalties
Without limiting any other remedies or penalties, the Board of health may punish any person or entity that violates these Regulations by assessing a penalty of
$300.00. Each day or part thereof which violation occurs or continues shall
constitute a separate offense. As an alternative to criminal prosecution or civil
action, the non-criminal disposition procedure set forth in Massachusetts General laws Chapter 40, Subsection 21D, Sections 1-2, 1-3, 1-4, 1-5, and 1-6 of the Code of the Town of Nantucket may be used with a penalty of $300.00 for each
violation, each day or part thereof during which such violation occurs or
continuers constitutes a separate offense.
SECTION 7. SEVERABILITY CLAUSE
Should any section, part or provision of these Regulations be deemed invalid or
unconstitutional, such decision shall not affect the validity of the remaining terms of this
Act as a whole or any part thereof, other than the section, part or provision held invalid or unconstitutional.
SECTION 8. AMENDMENTS
These Regulations are based on the Nantucket BMP and were developed by a broad
group of stakeholders representing diverse interests and has been reviewed by soil and
turf scientists and educators. Amendment of these Regulations shall be based on
scientific information and may be initiated only by a similarly broad group. Such changes
may go into effect only after scientific review by knowledgeable soil scientists and passage by a super-majority of the Board of Health.
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SECTION 9. EFFECTIVE DATE
These Regulations shall take effect on December 31, 2012.
[Printed: 2011-12-02]
A Proposal to the Board of Selectmen of the Town and County of Nantucket from the Article 68 Work Group for a Home Rule Petition to Control the Application of Fertilizer on Nantucket:
AN ACT REGULATING THE CONTENT AND APPLICATION OF FERTILIZER USED IN
THE TOWN OF NANTUCKET TO MINIMIZE NUTRIENT CONTAMINATION IN NANTUCKET’S WATERS
SECTION 1. FINDINGS
1.1. There is a sound scientific basis to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect water-bodies when present in excessive amounts, contributing to undesirable algae and aquatic plant growth, known as
“eutrophication.”
1.2. Excessive amounts of both nitrogen and phosphorus discharged into the waters of Nantucket significantly decrease the habitat value of the freshwater and estuarine ecosystems including, without limitation, to hard clams, bay scallops and other species
and increase the risk of deleterious impacts on public health and general welfare.
1.3. Nantucket has significant amounts of coarse, sandy soils that are subject to rapid water infiltration, percolation, and leaching of nutrients.
1.4. The Nantucket and Madaket Harbors, the surrounding coastal waters, and
Nantucket’s ponds and wetlands are essential components of the recreation, tourism, and
commercial-fishing industries in the Town of Nantucket. 1.5. Applying appropriate amounts and types of nitrogen to plants and plantings
maintains healthy plant growth while decreasing contamination to groundwater.
1.6. Applying phosphorus to plants only in situations in which a soil test indicates the need to do so is a sound management practice and can decrease the nutrient load to
Nantucket and Madaket Harbors, freshwater ponds, and wetlands in the Town of
Nantucket.
1.7. Plants do not effectively utilize nitrogen and phosphorus during periods when the soil is frozen or the plants are dormant, thus allowing nutrients either to run off or to
leach into Nantucket’s Harbors and ponds in increased amounts.
1.8. Heavy precipitation, snowmelt, and excessive irrigation greatly increase the amount
of nitrogen and phosphorus that runs off or leach into adjacent water-bodies.
1.9. The Nantucket & Madaket Harbors Action Plan, approved by the Secretary of the
Massachusetts Executive Office of Energy and Environmental Affairs (EEA) on
December 21, 2009, specifies the need to reduce nutrients (specifically nitrogen and
phosphorus) flowing into the Harbors.
1.10. EEA, in Report #97-TMDL-2 Control #249.0, January 28, 2009, “Nantucket Harbor Embayment System, Total Maximum Daily Loads for Total Nitrogen,” has mandated
Total Maximum Daily Loads (TMDL) for Nantucket Harbor.
1.11. 301 CMR 21.98, “Policy Appendix,” specifies that the Massachusetts Coastal Zone Management (MCZM) Program Plan will “ensure that nonpoint pollution controls promote the attainment of state surface water quality standards in the coastal zone” (301
CMR 21.98(3): Water Quality Policy # 2).
1.12. The Massachusetts “Nonpoint Pollution Source (NPS) Management Plan,” created by the Department of Environmental Protection (DEP), Bureau of Resource Protection, states that a DEP objective is to assist “communities in drafting river protection bylaws
and ordinances.”
1.13. The Massachusetts Estuaries Project (MEP), whose reports are available from the DEP, states, as part of the suggestions for a solution to the problem of nutrient management, that “limiting the use of lawn fertilizers” may be necessary.
SECTION 2. PURPOSE
2.1. It is necessary to impose mandatory controls in the Town of Nantucket on the use of fertilizer that contains phosphorus and nitrogen so as to improve the water quality of the
Town.
2.2. Restrictions on the amount of nitrogen and phosphorus discharged into Nantucket’s waters will protect the integrity of Nantucket’s waters for present and future generations.
2.3. This Act provides for a reduction of nitrogen and phosphorus going into Nantucket’s
waters by means of an organized system of education, licensure, and regulation of
practice.
2.4. The purpose of this Act is to help Nantucket achieve compliance with the Total
Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for
nitrogen and phosphorus in its waters.
SECTION 3. AUTHORITY
3.1. Article 68, as amended and approved by the Town of Nantucket Annual Town
Meeting on April 6, 2010, adjourned session, approved the introduction of this legislation
in the General Court.
SECTION 4. DEFINITIONS: For the purposes of this Act, the following words shall have the
following meanings unless the context clearly indicates a different meaning.
“Agriculture” means farming in all of its branches and the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural, floricultural
2
or horticultural commodities. For the purposes of this Act agriculture means the raising of crops for commercial sale, where the threshold of commercial is two thousand five
hundred dollars ($2500.00) or more per year measured as an average over a five-year
period. See also “horticulture.”
“Amendment” refers to the application of substances to soils and plantings; amendments include but are not limited to fertilizers and may include other soil conditioners such as
lime, compost, and other organic materials.
“Applicator” means any person who applies fertilizer to plants and soils. “Best Management Practice,” BMP, means a sequence of activities designed to limit a
nonpoint pollution source. For the purposes of this Act and pursuant to Section 5.1, BMP
means the current edition of “Best Management Practices for Fertilizer Use on Lawn and
Landscape Plantings on Nantucket, MA.” “Combination Products,” sometimes known as “Weed and feed,” means any product that,
in combination with fertilizer, contains weed killer, defoliant, crabgrass preventer, or any
other chemical for restricting the growth of plants other than turf.
“Compost” is partially decomposed organic matter that is used as a soil amendment. Compost is considered a fertilizer for the purposes of this Act.
“Compost tea” is a liquid infusion of compost that is used as a soil amendment or foliar
fertilizer. Compost tea is considered a fertilizer for the purposes of this Act. “Continuing education hours” means elapsed or actual time spent in an educational,
professional-development activity.
“Fast-acting nitrogen” means any water-soluble nitrogen that is immediately available to plants upon application.
“Fertilize, fertilizing, or fertilization” means the act of applying fertilizer to plants or
soils.
“Fertilizer” means a substance that enriches the soil with elements essential for plant
growth, such as nitrogen, phosphorus, or other substances; fertilizer does not include
those nutrients that are normally excluded from fertilizer such as chemically part of
dolomite, limestone, or lime. Fertilizer includes foliar fertilizers as defined below.
“Foliar Fertilizer” means any fertilizer product designed for uptake into a plant through
its leaves and which typically are sprayed directly onto a plant.
“Horticulture” is a general term meaning plant science and plant products. For the
purposes of this Act, horticulture means the raising of flowers, fruits, vegetables, berries, herbs, nuts, and other similar products for commercial sale, where the threshold of
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commercial is two thousand five hundred dollars ($2500.00) or more per year measured as an average over a five-year period. See also “agriculture.”
“Impervious surface” means a surface that has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. “Landscape professional” means a person who, in exchange for money, goods, services,
or other consideration, applies fertilizer to plants or soils.
“Landscaping” means establishment by sod, seeding, or transplanting, renovation, maintenance, or fertilization of turf and other plantings.
“Licensed applicator” means a person authorized by the Nantucket Board of Health or
Health Agent to apply fertilizer for commercial purposes.
“Nantucket” is the Town and County of Nantucket and all of its waters.
“Nantucket BMP” is the current edition of the “Best Management Practices for Fertilizer
Use on Lawn and Landscape Plantings on Nantucket, MA.” Pursuant to Section 5.1 of
this Act, the Nantucket BMP is adopted by the Board of Health and is generally available to the public.
“‘Nonpoint Pollution’ means contamination which includes but is not limited to
sediments, nutrients, pathogens, and pollutants that collect in water-bodies from stormwater runoff.” (301 CMR 26.03, “Definitions” in the “Coastal Pollutant Remediation Program”)
“Nonpoint Pollution Source (NPS)” means any activity releasing pollution that is not
deemed point-source pollution.
“Nutrient” means any of the following 16 elements needed for growth of a plant; the
three (3) non-mineral elements: carbon, hydrogen, and oxygen; the six (6)
macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium, and sulphur; and
the seven (7) micronutrients: boron, copper, iron, chloride, manganese, molybdenum, and zinc.
“Nutrient management” means systematic control of the application of nutrients.
“Plantings” means organized cultivation of plants for beneficial purposes.
“Plants” are biological organisms in the Kingdom Plantae that, for the purposes of this
Act, are used domestically.
“Point-Source water pollution” comes from stationary locations such as sewage treatment plants, factories, and ships and is subject to regulatory control under the Clean Water Act.
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“Slow-release, controlled-release, timed-release, slowly available, or water-insoluble
nitrogen” means nitrogen in a form that delays its availability for plant uptake and use
after application and is not rapidly available to turf and other plants.
“Soil” means the upper-most layer of the earth’s surface, comprised of mineral and organic matter, which can host biological communities.
“Soil test” means a technical analysis of soil conducted by an accredited soil-testing
laboratory. “Turf” means grass-covered soil held together by the roots of the grass, also known as
“sod” or “lawn.”
“Waters” or “Water-bodies” include, but are not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, and estuaries within the Town of Nantucket, including without
limitation all waters defined in Massachusetts General Laws Chapter 131, Section 40 and
Town of Nantucket Code Section 136 with the exception of the following: coastal and
inland banks, beaches, coastal dunes, dune fields, and lands subject to coastal storm flowage, inland or coastal flooding or inundation, or within 100 feet of the hundred-year storm line, or within any area located within the geographic boundaries of the resource
areas that are habitat for rare/significant wildlife and/or fauna.
SECTION 5. STANDARDS OF PERFORMANCE 5.1. Nantucket Best Management Practices
There shall be available at all times a Nantucket Best Management Practices (Nantucket
BMP) document that is approved by the Board of Health that is based on principles of soil science appropriate to Nantucket soils and climate. The initial version was
developed by a broad group of stakeholders representing diverse interests and has been
reviewed by soil and turf scientists and educators. Amendment of the Nantucket BMP
shall be based on scientific information and shall be made by a similarly broad group.
Such changes may go into effect only after scientific review by knowledgeable soil scientists and shall require a vote of a supermajority of the Board of Health.
5.2. Prohibited Conduct. Applicators shall not:
5.2.1. apply fertilizer immediately before or during heavy rainfall, such as but not
limited to thunderstorms, hurricanes, or north eastern storms, or when the soil is
saturated due to intense or extended rainfall;
5.2.2. apply fertilizer between October 16th and the following April 14th;
5
5.2.3. apply, spill, or deposit fertilizer on any impervious surface and fail to remove the applied, spilled, or deposited fertilizer immediately, or to apply
fertilizer in a manner that allows fertilizer to enter into storm drains;
5.2.4. apply fertilizer closer than 100 feet to any water body as defined above unless a permit is obtained from the Nantucket Conservation Commission allowing such activity [This reflects current Nantucket Wetland Regulations];
5.2.5. deposit grass clippings, leaves, or any other vegetative debris into or within
25 feet of water-bodies, retention and detention areas, drainage ditches or storm water drains, or onto impervious surfaces such as, but not limited to, roadways and sidewalks, except during scheduled clean-up programs.
5.3. Fertilizer Content and Application Requirements for Applicators
5.3.1. The following restrictions shall apply to the content of fertilizer to be applied to turf, other plants, or soil.
5.3.1.1. An applicator shall not apply more than 0.25 lb N/1000 sq ft of
fast-release nitrogen fertilizer in any one application. 5.3.1.2. An applicator shall not apply fertilizer that contains phosphorus,
unless a soil test indicates a phosphorus deficiency and it is applied in
conformance with the Nantucket BMP.
5.3.1.3. Applications of compost, which contain phosphorus, may only be applied in conformance with the Nantucket BMP.
5.3.2. A single application of nitrogen for turf shall not exceed 0.5 pounds of
actual nitrogen per thousand square feet and the annual rate shall not exceed 3.0 pounds of actual nitrogen per thousand square feet; a single application for trees,
shrubs, herbs and other ornamental plantings shall not exceed 0.5 pounds of actual
nitrogen per thousand square feet and the annual rate shall not exceed 2.0 pounds
of actual nitrogen per thousand square feet. Exemptions to this standard, as in
Section 5.4.2., may be allowed to licensed applicators who follow the Nantucket BMP.
5.3.3. Applications of nitrogen shall be done at intervals of no less than two
weeks until the annual maximum is reached.
5.3.4. The fertilizer application requirements of Section 5.3.2. of this Act shall
apply without limitation to the application of combination products.
5.3.5. Foliar fertilizers shall be applied in compliance with the Nantucket BMP.
The nitrogen application rate of foliar products shall be included when calculating the annual total nitrogen application rate.
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5.3.6. Compost and compost tea shall be applied in compliance with the
Nantucket BMP. The nitrogen and phosphate application rates of compost and
compost tea shall be included when calculating the annual total fertilizer
application rate. 5.4. Exemptions. The following activities shall be exempt from Sections 5.2. and 5.3. of
this Act:
5.4.1. Application of phosphorus when establishing vegetation, after land disturbance, and when re-establishing or repairing turf after substantial damage, provided the application is in compliance with the Nantucket BMP. When applied
within 100 ft of any waterbody such application requires a permit from the
Nantucket Conservation Commission [This reflects current Nantucket Wetland
Regulations]. 5.4.2. Application of fertilizer by a licensed applicator when following the
recommendations of the Nantucket BMP; a written record must accompany this
exemption.
5.4.3. Landscape professionals may apply fertilizer without a license in accordance with the Nantucket BMP during the interim between adoption of these
Regulations and the development of a licensing program by the Nantucket Board
of Health.
5.4.4. Application of fertilizer for agricultural and horticultural uses, including sod farms.
SECTION 6. EDUCATION, LICENSURE, ENFORCEMENT, AND PENALTIES.
6.1. Education
6.1.1. The Town of Nantucket Board of Health shall maintain a program of
fertilizer education that is based on the Nantucket BMP.
6.1.2. The Town’s Board of Health shall administer a test, passage of which shall
demonstrate an individual’s participation in fertilizer education.
6.1.3. Summaries of fertilizer application requirements will be made readily
available to the public by the Town.
6.2. Licensure
6.2.1. A license issued by the Town of Nantucket Board of Health is required of
Landscape Professionals when they fertilize lawns and plantings; such a license
7
may be held but is not required by home-owners who apply fertilizer on their own property.
6.2.2. Persons who pass the test described in 6.1.2. may apply to the Board of
Health for a fertilizer license. 6.2.3. Fertilizer licenses shall be valid for a period of three years from the date of
issuance; renewal requires obtaining the required amount of continuing education
hours or passage of the current test.
6.3. Enforcement
Enforcement of this Act shall be by the Nantucket Board of Health or its agent.
6.4. Penalties 6.4.1. Application of fertilizer in violation of this Act by an unlicensed person
shall be punished by a fine of three hundred dollars ($300.00).
6.4.2. Application of fertilizer by a licensed person in violation of this Act shall be punished by loss of license and/or a fine of three hundred dollars ($300.00).
6.4.3. Subsequent offenses shall be punished by fines of five hundred dollars
($500.00) per offense.
6.4.4. As an alternative to initiating criminal proceedings, this Act may be enforced pursuant to the noncriminal disposition procedure set forth in M.G.L.
c.40 §21D and Chapter 1, Article II of the Town’s Code, in which case the Board
of Health or its agent shall be the enforcing person and the penalty shall be
$300.00 for each offense.
SECTION 7. SEVERABILITY CLAUSE
Should any section, part or provision of this Act be deemed invalid or unconstitutional, such
decision shall not affect the validity of the remaining terms of this Act as a whole or any part thereof, other than the section, part, or provision held invalid or unconstitutional.
SECTION 8. AMENDMENTS
This Act is based on the Nantucket BMP and was developed by a broad group of stakeholders representing diverse interests and has been reviewed by soil and turf scientists and educators.
Amendment of this Act shall be based on scientific information and may be made only by a
similarly broad group. Such changes may go into effect only after scientific review by
knowledgeable soil scientists and shall require a vote of a supermajority of the Nantucket Board
of Health.
8
9
SECTION 9. Regulations
The Town of Nantucket Board of Health is hereby authorized to adopt regulations to effectuate
the purposes of this Act, including without limitation the adoption of the Nantucket BMP as a
regulation; However, the failure of the Board of Health to adopt regulations shall not act to suspend or invalidate the effect of this Act.[Printed: 2011-12-02]
PRELIMINARY Outline II for 2012 Annual Town Meeting Warrant
For 12/07/11 BOS review
NOTE: Numbering & Order is NOT FINAL
Annual Articles
1. Receipt of Reports
2. Appropriation: Unpaid Bills
3. Appropriation: Prior Year Articles 4. Revolving Accounts: Annual Authorization 5. Appropriation: Reserve Fund
6. FY 2012 Budget Transfers
7. Personnel Compensation Plans for FY 2013
8. Appropriation: FY 2013 General Fund Operating Budget 9. Appropriation: Health & Human Services
10. Appropriation: General Fund Capital Expenditures
11. Appropriation: FY 2013 Enterprise Funds Operations
12. Appropriation: Enterprise Funds Capital Expenditures
13. FY 2012 Enterprise Funds Budget Transfers 14. Appropriation: Waterways Improvement Fund
15. Appropriation: Ferry Embarkation Fee
16. Appropriation: Ambulance Reserve Fund
17. Appropriation: County Assessment
18. Appropriation: Finalizing FY 2013 County Budget 19. Rescind Unused Borrowing Authority (may not be needed)
20. Appropriation: CBA/DPW
21. Appropriation: CBA/Fire x 2
22. Appropriation: CBA/Fire
23. Appropriation: CBA/Laborer’s
Other Selectmen Sponsored Articles
NOTE: most of these were reviewed/discussed by BOS or Town Administration since the 2011
ATM
APPROPRIATION or FINANCE RELATED 1. Acquisition of FAA land from GSA (negotiated purchase)? 2. Appropriation for Construction of Wind Turbine at Landfill (debt exclusion override) ?
3. Appropriation for 20 South Water Street Renovation (debt exclusion or capital override)
4. Need to decide which capital articles will be stand-alone, which will be together in
Article 10 and which will be designated in advance as ballot questions on the Annual Election Warrant
BYLAW AMENDMENTS
1. Amend c. 46 of the Town Code re: Town office locations
Current wording:
All acquisitions by the Town of Nantucket, whether by purchase or by lease, of vacant or
improved land outside the downtown core district, the acquisition of which is for the
construction and/or renovation for use as Town offices, shall require a vote of the Town
Meeting; no offices presently within the downtown core district shall be relocated to any site
outside the downtown core district without a vote of the Town Meeting.
2. Adoption of “Stretch Code” (Green Communities requirement) Should we try again? We
still need the 4 other requirements, even if we adopt this one 3. Proposed Shellfish Bylaw Amendment from SHAB (attached) 4. Amend c. 33-4 of the Town Code re: Personnel Regulations (Airport issue)
5. Try to correct CPC membership bylaw again?
Current wording:
All Town departments and positions, except those under the jurisdiction of the School
Committee; Airport Commission; elected positions; employees of the Wannacomet Water
Company that are under the direction and control of the Nantucket Water Commission; the
positions of Town Counsel, Town Prosecutor and Labor Counsel; and certain positions for
which the compensation is on a fee basis or the incumbents of which render intermittent or
casual services, shall be subject to the provisions of this chapter and any rules and regulations
adopted pursuant to this chapter. Provisions of collective bargaining agreements shall govern
those employees whenever collective bargaining agreements conflict with the provisions of this
chapter and any rules and regulations adopted pursuant to this chapter.
HOME RULE PETITIONS
Resubmittal of Pending HRPs from 2011 ATM (these have not been acted upon by the
Legislature): 1. Article 80 (Amendment of Historic District Commission Act)
This article was a citizen petition, approved by Town Meeting without discussion. It would
amend the definition of a “structure” and also add a section entitled “Applicant’s Rights”.
2. Article 81 (Land Bank Real Estate Conveyance) Conveyance of Nantucket Islands Land Bank property requires legislative approval. This home rule petition would allow the Land Bank Commission to dispose of a specific piece of real estate
it currently owns. This home rule petition was also approved at the 2010 annual town meeting as
article 59.
3. Article 82 (Land Bank Real Estate Conveyance) This article is similar to Article 81, only for a different property. 4. Article 83 (Harbor & Shellfish Advisory Board). This petition, also approved at the 2009
and 2010 annual town meetings, would allow members of the Town’s Harbor and Shellfish
Advisory Board who are commercial fishermen or who make a living from the sea to be exempt
from certain sections of MGL c. 268A through an amendment to the special act which established the HSAB. 5. Expansion of Room Occupancy Tax to Seasonal Vacation Rentals (Article 66 of 2010
ATM; Article 31 of 2011 ATM – attached with FC Motion) ?? NOTE: This article was defeated
at the 2010 & 2011 ATMs; if we are going to resubmit it, we need to work on an outreach and
education plan; also talk with other towns – who is going to head this up? 6. Seek Amendment to HDC Act to Eliminate the Step of HDC Appeals going to BOS? (Just an idea)
7. Mosquito Control – Special Legislation
MGL ACCEPTANCES
1. Accept MGL for Senior Citizen Tax Bill Work-off Program
REAL ESTATE RELATED
See Andrew’s list (attached)
ZONING See Andrew’s list (attached)
OTHER
1. Merge of Sconset Water & Wannacomet Water. In progress.
CITIZEN ARTICLES (all submittals attached)
1. An Act Requiring a Ballot Vote for the Lease or Licensing of Town-owned Land for
Private Erosion Control Measures/C Stover
2. Authorization for Town Clerk to Establish a Revolving Fund for the Preservation of Town Records/C Stover 3. Amendment to Chapter 67 (Coastal Properties Owned by the Town, Management of) of
the Town Code/C Stover
4. Amendment to Chapter 67 (Coastal Properties Owned by the Town, Management of) of
the Town Code/C Stover (#2) 5. Amendment to Chapter 103 (Parking) of the Town Code/G Sanders 6. Transfer from Available Funds $150,000 for Tick Control Program for FY 2014/C
Dunton
7. Transfer from Available Funds $45,000 for Tom Nevers NRTA Route/C Dunton
8. Zoning: Map Change/Lots on Thurston’s Way/M Gillies 9. Real Estate Conveyance: 149 Surfside Road/J Glidden 10. Appropriation of $500,000 for Bike Lane on Tom Nevers Road/P Bartlett
11. FY 12 Community Preservation Fund Transfers/K Beaugrand
12. FY 13 Community Preservation Fund Expenditures/K Beaugrand
13. Request for Approval to Borrow $1,100,000 for Artificial Turf Field (Debt Service to be funded from CPC Funds)/K Beaugrand
14. Replacement of Chapter 67 (Coastal Properties Owned by the Town, Management of) of
the Town Code with a new Chapter 67 (Use of Town Real Property for Coastal Protection)/A
Reade
15. Replacement of Chapter 67 (Coastal Properties Owned by the Town, Management of) of the Town Code with a new Chapter 67 (Use of Town Real Property for Coastal Protection)/A
Reade (#2)
16. Deletion of Chapter 67 of the Town Code/A Reade
17. Zoning: Solar Energy Overlay District/C Stott
From:Rick Atherton
To:Erika Mooney
Subject:for distribution
Date:Tuesday, December 06, 2011 6:03:50 PM
For citizens and other interested parties.
The agenda item on the Board of Selectmen’s agenda for December 7 titled “Wind Turbine
ZBA Waiver Application Discussion/Vote” is expected to be limited to the reporting to theBOS on the filing by the Town of a waiver related to the construction of a wind turbine and
the filing by the Town late last week of a request to continue the same ZBA waiverapplication. Information on the request is included in the BOS agenda package on the Town
web site.
The Board will also consider and possibly vote on the engagement of counsel to advise theTown given that an appeal of a favorable decision on the waiver request by the ZBA, if one
were forthcoming, is very likely.
It is not expected that the BOS will vote on whether to, or not to, place the construction of aWind Turbine at the Landfill on the Warrant for the 2012 ATM. The BOS is likely to discuss
what process it intends to follow to make that determination.
_____________________________________________________________________________________
RICK ATHERTON
PO Box 3126Nantucket MA 02584
508.228.2366
rickatherton@comcast.net
Date: September 8, 2011
To: C. Elizabeth Gibson, Town Manager
Gregg Tivnan, Assistant Town Manager
From: Pat Perris, Human Resources Director
Re: Comparison of Existing Town Manager Evaluation Form
and Recommended Evaluation Form
The current evaluation form was developed by Groux and Associates in the early 1990s. It reflects the Town government structure at that time as well as the common practice of
evaluating performance standards. In the mid 2000’s the Town of Nantucket made two
significant operating changes that support the need for an updated evaluation process for
the “chief executive officer”: 1. Adopted a revised Town Charter that calls the chief executive officer Town
Manager
2. The Board of Selectmen adopted annual goals and objectives for Town
Administration. The following chart compares the existing and recommended evaluation forms for the
position of Town Manager.
Current Evaluation Form Recommended Evaluation Form
Five (5) point rating scale Three (3) point rating scale + accomplishment ratings
Evaluate Town Administrator in 3 roles:
“Chief Executive Officer” “Staff Assistant”, and
“Operating Representative:
Evaluate lead staff person in the role of
Town Manager
Evaluate fourteen (14) performance categories or standards Evaluate nine (9) performance categories or standards retaining key categories
Two (2) written narrative opportunities Three (3) written narrative opportunities
Measurement of progress towards BOS
goals and objectives
If you have any questions please feel free to contact me. Thank you.