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Board of Selectmen Agenda December 14, 2011 Packet_201402061625376575
Electricity Use and Conservation on NantucketAn Interactive Qualifying ProjectWorcester Polytechnic InstituteDecember 2011Roberto Alvarado, Physics (2013)Corey Phillips, Computer Science (2013)Joseph Taleb, Electrical & Computer Engineering (2013) Overview of Presentation•Seasonal Electricity Demand•National Grid Data Analysis•Findings from Small Business Energy Audits•Conservation Techniques•Conclusions and Recommendations Goals and Objectives•Analyzed National Grid interval data to characterize patterns of energy use•Conducted electricity audits on small businesses to determine effective conservation techniques Rise in Electricity Use in Nantucket Daily Electricity Demand by Season Analysis of Consumption Data From National Grid Interval Data from National GridFacilityClassDate RangeSolid Waste Treatment FacilityG3December 14, 2004 ‐October 13, 2011Waste Water Treatment FacilityG3January 13, 2011 ‐October 13, 2011Nantucket AirportG3September 27, 2010 ‐October 13, 2011Nantucket High SchoolG2November 8, 2002 ‐October 21, 2010Nantucket Elementary SchoolG2November 8, 2002 ‐October 13, 2011 Hourly Usage: Solid Waste Treatment FacilityPeak Day Seasonal Usage: Solid Waste Treatment Facility Annual Usage: Solid Waste Treatment Facility Energy Audits –Results and Findings Electricity Consumption History End‐Use Electricity Consumption Audit Findings and Savings Per YearRecommendationsRetailBarOfficeInnPayback PeriodLightingUpgrade to CFLN/A$1,092$1,044$1,5451 –3 MonthsUpgrade to LED$1,099$1,642$1,572N/A2 –6 YearsBehavioral Changes$502$501$79N/A0 MonthsLighting Control Sensors$351$751N/A$1496 –12 MonthsHeating and CoolingProgrammable Thermostat$89PlausibleN/A*N/A6 –7 MonthsElectronicsTurn off Electronics When Not in Use$1,005N/A$2,587$310 –3 Months Conclusions and Recommendations•The National Grid data we compiled will enable the NESC to make more informed decisions by revealing where usage can be reduced.•Audit recommendations can promote conservation in small businesses across the island.•Recommend other businesses take advantage of Mass Save energy audits. Hourly Usage: Waste Water Treatment Unit Seasonal Usage: Waste Water Treatment Unit Hourly Usage: Nantucket Airport Seasonal Usage: Nantucket Airport Hourly Usage: Nantucket High School Seasonal Usage: Nantucket High School AcknowledgementsGeorge AronsonProf. Dominic GoldingPeter MorrisonBob PattersonLauren SinatraGregg TivnanWhitey WillauerHarvey YoungBusiness owners who allowed us to audit their buildingNantucket Energy Studies CommitteeMaria Mitchell Association Questions?•US Electricity Consumption•Overall usage and breakdowns•Nantucket Electricity Consumption•Overall usage and breakdowns• Electricity Rate Comparison•US compared to Nantucket•National Grid Data Analysis• Solid Waste Treatment Facility•Waste Water Treatment Facility•Airport•High School•Energy Audits• Audited five establishments•Conservation Techniques• Lighting, Heating & Cooling and Electronics Nantucket Energy Nantucket Energy Plan:Plan:PrioritiesPrioritiesWorcester Polytechnic InstituteWorcester Polytechnic InstituteDecember 14, 2011December 14, 2011Chris Bannon, Chemical Engineer (2013)Chris Bannon, Chemical Engineer (2013)Tim Ellsworth, Mechanical Engineer (2013)Tim Ellsworth, Mechanical Engineer (2013)Nick Musselman, Biomedical Engineer (2013)Nick Musselman, Biomedical Engineer (2013) PROJECT TEAMPROJECT TEAMAdvisorAdvisorProf. Dominic Golding, Ph.DProf. Dominic Golding, Ph.DSponsorsSponsorsWhitey Willauer, Board of Selectmen, Energy Whitey Willauer, Board of Selectmen, Energy Study CommitteeStudy CommitteePeter Morrison, Energy Study CommitteePeter Morrison, Energy Study CommitteeLauren Sinatra, Energy CoordinatorLauren Sinatra, Energy Coordinator OVERVIEW OF OVERVIEW OF PRESENTATIONPRESENTATION••ObjectivesObjectives••Our method of analysisOur method of analysis••FindingsFindings••RecommendationsRecommendations OBJECTIVESOBJECTIVES1.1.Clarify the nature of concerns about the Clarify the nature of concerns about the NEPNEP2.2.Analyze options in the NEPAnalyze options in the NEP3.3.Evaluate and prioritize selected energyEvaluate and prioritize selected energy--saving optionssaving options BACKGROUNDBACKGROUND••Concerns:Concerns:••CAP/NEP framed the issue in terms of CAP/NEP framed the issue in terms of climate changeclimate change••Based on generic models and dataBased on generic models and data••Needed more NantucketNeeded more Nantucket--specific dataspecific data••Priorities needed to be set Priorities needed to be set amongst strategies in the NEPamongst strategies in the NEP METHOD OF ANALYSISMETHOD OF ANALYSIS••Selected a subset of options to analyzeSelected a subset of options to analyze••Established a transparent set of criteriaEstablished a transparent set of criteria••CostCost••Energy Savings Energy Savings ••Social Acceptability Social Acceptability ••Political AcceptabilityPolitical Acceptability••Tailored analysis using Nantucket dataTailored analysis using Nantucket data••Recommended most feasible options Recommended most feasible options TRANSPORTATIONTRANSPORTATION BUILDINGSBUILDINGS MASS SAVEMASS SAVE••Home Energy AssessmentsHome Energy Assessments••Specialist will inspect home and Specialist will inspect home and recommend energy saving recommend energy saving improvementsimprovements••Incentives: free CFLs, Incentives: free CFLs, programmable thermostats, and programmable thermostats, and numerous rebates numerous rebates ••Encourages efficient lighting and Encourages efficient lighting and reduction of phantom loadsreduction of phantom loadshttp://www.nstar.com/residential/energy_efficiency/electric_programs/masssave.aspCost: LowCost: LowEnergy Savings: High Energy Savings: High Social Acceptability: HighSocial Acceptability: HighPolitical Acceptability: HighPolitical Acceptability: High WEATHERIZATIONWEATHERIZATION••Heating and cooling is the largest energy user in homesHeating and cooling is the largest energy user in homes••Could save up to 20% on residential energy billsCould save up to 20% on residential energy bills••Educating the public would encourage them to actEducating the public would encourage them to act••Subsidies for homeownersSubsidies for homeowners••Mass SaveMass Save••Mass Weatherization Assistance Program Mass Weatherization Assistance Program Cost: MediumCost: MediumEnergy Savings: High Energy Savings: High Social Acceptability: MediumSocial Acceptability: MediumPolitical Acceptability: HighPolitical Acceptability: High BIKE RACKSBIKE RACKS••During peak season bikes outnumber racksDuring peak season bikes outnumber racks••Could make Nantucket more Could make Nantucket more ““bike friendlybike friendly””••Cost per rack is lowCost per rack is low••Energy savings derives from lower Energy savings derives from lower car usagecar usageCost: LowCost: LowEnergy Savings: LowEnergy Savings: LowSocial Acceptability: HighSocial Acceptability: HighPolitical Acceptability: HighPolitical Acceptability: High TIRE INFLATION PUMPSTIRE INFLATION PUMPS••Can increase gas mileage by Can increase gas mileage by 3.3%3.3%••Installation at beach access Installation at beach access pointspoints••Enables drivers to reEnables drivers to re--inflate inflate their tires upon exiting the their tires upon exiting the beachbeachhttp://cuums.com/coin-operated-vacuums/Cost: LowCost: LowEnergy Savings: Low Energy Savings: Low Social Acceptability: HighSocial Acceptability: HighPolitical Acceptability: HighPolitical Acceptability: High VEGETABLE OIL FUELSVEGETABLE OIL FUELS••Vegetable oil fuelsVegetable oil fuels••Lower emissionsLower emissions••Utilizes a wasteUtilizes a waste••Potentially save moneyPotentially save money••BiodieselBiodiesel••Compatible with diesel vehiclesCompatible with diesel vehicles••MixableMixable••Small on Island plant neededSmall on Island plant needed••Straight Vegetable OilStraight Vegetable Oil••Ideal for fleetsIdeal for fleets••Can use diesel only as wellCan use diesel only as well••Conversion required per vehicleConversion required per vehicleCost: HighCost: HighEnergy Savings: Medium Energy Savings: Medium Social Acceptability: HighSocial Acceptability: HighPolitical Acceptability: HighPolitical Acceptability: High ENERGY FROM WASTEENERGY FROM WASTE••Produces energy from waste as opposed to Produces energy from waste as opposed to using energy to process wasteusing energy to process waste••Potentially significant source of electricity for Potentially significant source of electricity for the islandthe island••Some interest in gasification alreadySome interest in gasification already••Future endeavor, further research requiredFuture endeavor, further research requiredCost: HighCost: HighEnergy Savings: High Energy Savings: High Social Acceptability: MediumSocial Acceptability: MediumPolitical Acceptability: MediumPolitical Acceptability: Medium OUR RECOMENDATIONSOUR RECOMENDATIONS••Next step should be an implementation strategyNext step should be an implementation strategy TRANSPORTATIONTRANSPORTATION BUILDINGSBUILDINGS (Nantucket Planning and Economic Development Commission, 2011, p. 6-78) (Town of Nantucket, 2011b) (Nantucket Planning and Economic Development Commission, 2011, p. 4-50) PURCHASE AND SALE AGREEMENT Agreement made this day of , 2011. 1. PARTIES AND MAILING ADDRESSES The Town of Nantucket, a municipal corporation acting by and through its Board of Selectmen having an address of 16 Broad Street, Nantucket, Massachusetts 02554, hereinafter called the SELLER, agrees to SELL and Island Lumber Holding Corp., of One Polpis Road, Nantucket, Massachusetts 02554, hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises: 2. DESCRIPTION The premises shown as Lot 1 Milestone Road, on a plan of land entitled “Plan of Land in Nantucket, Mass., Prepared for County of Nantucket, Milestone Road, Scale: 1” = 100’, Date: November 10, 2010” prepared by Charles W. Hart and Associates, Inc., recorded with Nantucket County Registry of Deeds as Plan No. 2011-35 containing approximately 35,724 square feet of vacant land (the “Property” or “Premises”). The Premises is considered a non-conforming lot pursuant to the town of Nantucket Code. 3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES Intentionally Omitted (Vacant Land). 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven (7) days before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except: (a) Any liens for municipal betterments assessed after the date of this agreement; (b) Laws, by-laws, rules, and regulations, whether federal, state, or local, which affect the use of the Premises, including, but not limited to, rules and regulations of the Nantucket Conservation Commission, Nantucket Zoning By-Law, Nantucket Historic District Commission, Nantucket Building Department, Nantucket Planning Board and Nantucket Board of Health; (c) Real estate taxes for the then-current fiscal year and future periods which are not due and payable at the time of delivery of the deed; (d) Any fee which may be imposed upon the transaction which is the subject of this agreement by the Nantucket Land Bank Commission, which the Buyer agrees to pay at the time of delivery of the deed; 1 (e) Any right, restrictions or easements and reservations of record and those reserved by the Seller for a bike path extension and restriction on use imposed by the Seller; (f) Any public rights existing below mean high water, if applicable; and (g) Said deed shall contain a reversion clause and a restriction set forth in Section 35 below to require the Premises to be used, and effectively merged with, the BUYER’S existing property known as One Polpis Road, Nantucket, Massachusetts, for all purposes and permanently restricting any further division or subdivision of the Premises as combined with said existing property except as set forth in Section 35. 5. PLANS If said deed refers to a plan necessary to be recorded therewith the BUYER shall deliver such plan with the deed in a form adequate for recording. 6. REGISTERED TITLE In addition to the foregoing, if the title to the said premises is registered, said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title to said premises, and the SELLER shall deliver with said deed all instruments, if any, necessary to enable BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is One Dollar and 00/100 Dollars ($1.00), of which $ 0.00 was paid with Proposals $ 1.00. is to be paid at the time of delivery of the deed in cash, or by certified, cashier’s, treasurer’s or bank check(s). _______________________ $ 1.00 Total 8. TIME FOR PERFORMANCE; DELIVERY OF DEED Said deed is to be delivered to BUYER at the Nantucket County Registry of Deeds at 1:00 P.M. on the 8th day of December, 2011, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement. 2 9. POSSESSION AND CONDITION OF PREMISES Full possession of said premises free of all tenants and occupants is to be delivered at the time of the delivery of the deed, said Premises to be then (a) in the same condition as they are now, and (b) in compliance with provisions of any instrument referred to in clause 4 hereof. The BUYER shall be entitled to personally inspect the premises prior to the delivery of the deed in order to determine whether the condition of the premises complies with the terms of this clause. 10. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of delivery of the deed the premises do not conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty (30) days. In the event that such an extension occurs, BUYER agrees to close prior to expiration of the extension period and as soon as reasonably possible after SELLER is prepared to deliver the Premises in compliance with this Agreement. In no event shall SELLER be required to expend more than a total of $1,000.00 to clear title to and deliver possession of the Premises. 11. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all as herein agreed, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER’S ELECTION TO ACCEPT TITLE The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price without deduction, in which case the SELLER shall convey such title. 13. ACCEPTANCE OF DEED The acceptance and recording of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after delivery of said deed. 3 14. USE OF MONEY TO CLEAR TITLE To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed. 15. INSURANCE Intentionally Omitted (Vacant Land). 16. ADJUSTMENTS A payment in lieu of taxes shall be paid in accordance with G.L. c. 44, § 63A as of the day of performance of this Agreement and the amount thereof shall be added to the purchase price payable by BUYER at the time of delivery of the deed. 17. ADJUSTMENT OF UNASSESSED AND UNABATED TAXES Intentionally Omitted. 18. BROKER’S FEE Intentionally Omitted. 19. BROKER’S WARRANTY Intentionally Omitted. 20. DEPOSIT Not applicable. 21. BUYER’S DEFAULT; DAMAGES If the BUYER shall fail to fulfill the BUYER’S agreements herein, the SELLER may elect to terminate this agreement. 22. RELEASE BY HUSBAND OR WIFE Intentionally Omitted 23. BROKER AS PARTY Intentionally Omitted. 24. LIABILITY OF TRUSTEES, SHAREHOLDERS OR BENEFICIARIES 4 If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder. 25. WARRANTIES AND REPRESENTATIONS The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations, if any, made by either the SELLER: NONE. SELLER and SELLER’s agents have made no warranties or representations, express or implied, and BUYER is purchasing the premises in its “AS IS” and without inspection. 26. MORTGAGE CONTINGENCY CLAUSE None. 27. CONSTRUCTION OF AGREEMENT This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the SELLER and the BUYER or their respective counsel. The Parties may rely upon facsimile copies of such written instruments. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 5 28. TITLE STANDARDS AND CONVEYANCING PRACTICES Any matter relating to performance of this Agreement which is the subject of a title, practice or ethical standard of the Real Estate Bar Association of Massachusetts shall be governed by such standard to the extent applicable. 29. NOTICES All notices, demands, consents and approvals required or permitted hereunder shall be deemed to have been duly given if in writing addressed to BUYER or SELLER at: In the case of BUYER: Island Lumber Holding Corp. One Polpis Road Nantucket, MA 02554 With a copy to: Joseph M. Guay, Esq. Law Office of Joseph M. Guay 108 Surfside Road P.O. Box 1294 Nantucket, MA 02554 (508) 825-9099 Facsimile: (508) 825-9199 In the case of SELLER: Town of Nantucket Town and County Building 16 Broad Street Nantucket, MA 02554 With a copy to: Vicki S. Marsh, Esq. Kopelman and Paige, P.C. 101 Arch Street, 12th Fl. Boston, MA 02110 (617) 556-0007 Facsimile: (617) 654-1735 and shall be deemed delivered upon the earliest to occur of (a) receipt or refusal to accept delivery; or (b) upon delivery prior to 5:00 P.M. on any business day by telecopy evidenced by written or printed receipt confirmation, provided a copy of any such notice sent by telecopy is sent also by means of one of the above-described manners of delivery. BUYER and SELLER may change the address to which any notice is to be sent by giving reasonable notice to the other party of such new address in the manner specified. 30. NO BROKER WARRANTY The parties warrant and represent each to the other that there is no broker involved with the transaction to which this agreement pertains. In the event of a breach of the foregoing representation, the breaching party shall indemnify and hold harmless the non-breaching party for all expenses, including attorney’s fees, which arise from such breach. The provisions of this section shall survive delivery of the deed hereunder. 6 31. SELLER’S CONTINGENCY SELLER’S obligations hereunder shall be contingent upon SELLER complying prior to closing with the requirements of Massachusetts General Laws Chapter 30B concerning public procurement of the premises and obtaining all necessary authority to sell the premises, including but not limited to a declaration that the premises constitutes surplus property and an appropriate Town Meeting vote. 32. VENUE The parties hereto agree that all actions on this Agreement shall be brought in the Superior Court Department of the Trial Court, Commonwealth of Massachusetts, Nantucket Division, to the extent that said Court shall have jurisdiction of the subject matter in any such action. 33. EXTENSION AUTHORITY By executing this Agreement, Buyer and Seller hereby grant to their respective attorneys the actual authority to bind them by facsimile for the limited purpose of allowing them to grant extensions, and Buyer and Seller shall be able to rely upon the signature of said attorneys as binding unless they have actual knowledge that either party has disclaimed the authority granted herein to bind them. 34. CLOSING DOCUMENTS BUYER agrees to sign at closing all forms reasonably required by SELLER including without limitation a disclosure statement pursuant to G.L. c. 7, sec. 40J. BUYER agrees to pay the legal costs incurred for preparing a Quitclaim Deed for the Premises. 35. MERGER OF PREMISES BUYER shall consolidate the Premises with the BUYER’S existing abutting lot as set forth in the terms of the Request for Proposals for the “Nantucket Yard Sale Program.” This consolidation process includes but is not limited to: obtaining a special permit from the Zoning Board of Appeals to alter any premises which is a nonconforming lot pursuant to Town Code 139-33A(8) and, filing a new perimeter plan with the Nantucket Planning Board and Massachusetts Land Court, if applicable. BUYER warrants that the Premises shall not be used as a separate buildable lot or resold as a separate buildable lot and shall be used for only those uses permitted under the Nantucket Zoning By-Law in Chapter 139 of the Town Code. Notwithstanding any provision herein to the contrary, BUYER shall accept the deed required to be delivered pursuant to this Agreement if such deed contains permanent restrictions, held by SELLER and running with the land, to enforce such restrictions and covenants as follows: “The grantor’s conveyance of the parcel(s) described herein is based in part on the grantee’s warranty and representation to the grantor that such parcel(s) shall not be a separate buildable lot and shall be used for only those purposes permitted under the Nantucket Zoning By-Law in Chapter 139 of the Town Code (the “Zoning By-Law”) and shall, for all intents and purposes, be combined with and considered as one parcel with the abutting property previously acquired by grantee pursuant to the deed filed with the Nantucket Registry District of the Land Court as 7 Document Number 10741 shown on Town Assessor’s Map 54, as Parcel 121, numbered One Polpis Road and shown Land Court Plan drawn by Josiah S. Barrett, Surveyor , dated December 22, 1965 and filed with Certificate of Title No. 5392 at said Registry District of the Land Court (collectively, the “Combined Premises”), and that such Parcel or the Combined Premises may only be hereafter divided, subdivided or conveyed as a separate parcel or parcels provided the access to any subdivided parcel(s) is only off of Polpis Road. Accordingly, the parcel hereby granted to the grantee is conveyed subject to a permanent restriction held by the grantor, forever restricting the Combined Premises to only those uses permitted under the Zoning Bylaw, and prohibiting the division or subdivision of the parcel and the use of the parcel apart from the Combined Premises except as set forth above. These restrictions shall run with the title to the Combined Premises, and no part of the Combined Premises shall be hereafter used or conveyed in a manner inconsistent with these restrictions unless a prior written release is granted by the Town of Nantucket Board of Selectmen and filed with the Registry.” 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, Section 26 such that the restrictions contained herein shall be enforceable for the full 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 representations, warranties and provisions of this Section 35 shall survive the delivery of this deed and any conveyance of the Premises, and BUYER shall accept a deed required to be delivered pursuant to this Agreement if such deed contains permanent restrictions, held by SELLER and running with the land, to enforce these covenants. 36. CONDITION OF PREMISES BUYER acknowledges that prior to the date of this Agreement, BUYER entered the Premises for the purpose of surveying and inspecting the Premises, as necessary for BUYER’s financing and purchasing of the Premises and BUYER agrees that BUYER and BUYER’s agents fully and completely inspected the Premises, and that BUYER is wholly satisfied with the condition of the Premises. SELLER and SELLER’s agents have made no warranties or representations with respect to the Premises, express or implied, on which BUYER has relied except as otherwise set forth in this Agreement. In the event that BUYER and/or BUYER’s agents, contractors and employees access the Premises to make any further inspections, assessments, surveys, appraisals or other non-invasive examination of the surface of the Premises, then such access shall be solely at the BUYER’s risk, and BUYER shall indemnify and save SELLER harmless from any and all claims, demands, suits or causes of action of any nature whatsoever arising from BUYER’s and its agents’, contractors’ and employees’ presence at and/or actions upon or about the Premises, including, without limitation, any claim for personal injury or property damage made by any such person afforded access to the Premises pursuant hereto. BUYER will, and will cause its agents, employees, and contractors, to observe any posted rules and regulations on the Premises. 8 9 37. REPRESENTATION BY COUNSEL BUYER and SELLER each acknowledge and agree that they have by counsel of their own choosing or have had an opportunity to be so represented by counsel, and both BUYER and SELLER have read and understand the terms of this Agreement. 38. ASSIGNMENT AND RECORDING OF AGREEMENT BUYER shall not file this Agreement with any Registry of Deeds or recording office. BUYER shall not assign this Agreement to any party without SELLER’s prior written consent, which consent SELLER may withhold for any or no reason. In the event BUYER so files or assigns this Agreement without SELLER’s prior written consent, then SELLER may elect, upon written notice to BUYER, to terminate this Agreement. 39. SEVERABILITY If this Agreement shall contain any term or provision which shall be invalid, then the remainder of the Agreement, as the case may be, shall not be affected thereby and shall remain valid and in full force and effect to the fullest extent permitted by law, provided such term or provision does not materially affect the obligations of either of the parties nor the essence of the Agreement. SELLER: BUYER: Island Lumber Holding Corp. TOWN OF NANTUCKET By its Board of Selectmen: ______________________ ____________ ______________ ______________________________ 436919v3NANT19712/0018 QUITCLAIM DEED Lot 1, Milestone Road, 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 One and 00/100 Dollars ($1.00), receipt of which is hereby acknowledged, pursuant to the authority of Article 81 voted upon at the 2010 Annual Town Meeting, a certified copy of which is attached hereto, grants to Island Lumber Holding Corp., a Massachusetts corporation having its place of business at One Polpis Road, Nantucket, Massachusetts (the “Grantee”), with QUITCLAIM COVENANTS, that certain plot of land shown as Lot 1, Milestone Road, on a plan of land entitled “Plan of Land in Nantucket, Mass., Prepared for County of Nantucket, Milestone Road, Scale: 1” = 100’, Date: November 10, 2010” prepared by Charles W. Hart and Associates, Inc., recorded with Nantucket County Registry of Deeds as Plan No. 2011-35. The premises hereby conveyed is a portion of Milestone Road in Nantucket, Massachusetts, and contains approximately 35,724 square feet of vacant land (the “Parcel”). The Grantor reserves for itself, its successors and assigns a fifteen (15’) wide easement over the Parcel running the length of the southerly boundary of the Parcel abutting Milestone Road (the “Easement Area”) for the purposes of installation, construction, grading, maintenance and use as a bike path, sidewalks, and signage. The Grantor reserves this easement for the public to pass and re-pass on foot or by non-motorized bicycle over the Easement Area. The Grantor shall have the right to remove any vegetation, shrubbery, and trees on the Easement Area which poses an impediment to travel and to re-surface the Easement Area with any materials in the Grantor’s sole discretion. Furthermore, the Grantor reserves the right to enter the Easement Area on foot or by maintenance vehicles and equipment from time to time for the aforementioned purposes. 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 not be a separate buildable lot and shall be used for only those uses permitted under the Nantucket Zoning By-Law in Chapter 139 of the Town of Nantucket Code (the “Zoning Bylaw”) and shall, for all intents and purposes, be combined with and considered as one parcel with the abutting lot at One Polpis Road and shown on Town Assessor’s Map 54 as Parcel 121 previously acquired by Grantee pursuant to Deed filed with the Nantucket Registry District of the Land Court as Document Number 10741 and described on Certificate of Title No. 5489(collectively with the Parcel, the “Combined Premises”), and that such Parcel or the Combined Premises may only be used for those uses permitted under the Zoning By-Law and may only be hereafter divided, subdivided or conveyed as a separate parcel or parcels provided the access to any subdivided parcel(s) is only off of on Polpis Road. 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 only those uses permitted under the Zoning By-Law, prohibiting the division or subdivision of any portion of the Combined Premises, and the conveyance or use of any portion of the Combined Premises apart from another portion of the Combined Premises except as set forth above, 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 Deed from County of Nantucket recorded with said Deeds in Book 1284, Page 70. 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: 437305v4/NANTYDSALE/0031 SETTLEMENT STATEMENT Town of Nantucket (“Seller”) Island Lumber Holding Corp. (“Buyer”) Lot 1, Milestone Road, Nantucket, MA (Property) December 15, 2011 (Closing Date) Purchase Price: $ 1.00 Less: Deposit $ 0.00 Plus: Payment in Lieu of Tax Adjustment (12/15/11-6/30/12) $ 114.84 Reimbursement of Town’s Legal Fees $ 1,460.00 Net Amount Due Seller: $ 1,574.84 Checks: Town of Nantucket $ 1,574.84 BUYER: ISLAND LUMBER HOLDING CORP. SELLER: TOWN OF NANTUCKET BOARD OF SELECTMEN By:___________________________ _________________________ ________________________ 437306/NANTYDSALE/0031 MEMORANDUM OF AGREEMENT 5 Monohansett Road and 12 Weweeder Avenue, Nantucket This Memorandum of Agreement (the “Agreement”) is made this _______ day of ______________________, 2011 by and among the Town of Nantucket, acting by and through its Board of Selectmen, a Massachusetts municipal corporation, having an address of Town and County Building, 16 Broad Street, Nantucket, Massachusetts 02554 (“Town”), NHA Properties, Inc., d/b/a Housing Nantucket, a Massachusetts non-profit corporation, having its principal place of business at 15 Teasdale Circle, Nantucket, Massachusetts 02554 (“HoNan”), and the Town of Nantucket Affordable Housing Trust Fund, acting by and through its Trustees pursuant to that certain Declaration of Trust dated February 8, 2010 and recorded at the Nantucket County Registry of Deeds (“Registry”) in Book 1221, Page 20, having an address of 2 Fairgrounds Road, Nantucket, Massachusetts 02554 (“AHTF”), with reference to the following facts and subject to the following terms and conditions. Whereas, the Town and HoNan are parties to a certain Memorandum of Agreement dated March 17, 2004 (the “2004 Agreement”) concerning in part the Town’s obligation to issue a request for proposals to solicit bids for the purchase and development of Town-owned property known as Town Assessor Map 79, Parcel 150 and numbered 5 Monohansett Road, Nantucket, Massachusetts (“Town Property”) for affordable housing purposes (the “RFP”) and the right of HoNan to respond to the RFP; Whereas, the Town, HoNan and AHTF are parties to a certain Memorandum of Agreement dated January 12, 2011 (the “2011 Agreement,” which collectively with the 2004 Agreement shall hereinafter be referred to as the “Agreements”) regarding (i) the conveyance of the Town Property to AHTF to be used, developed or sold for affordable housing purposes, and (ii) the payment by AHTF to HoNan of $100,749.99 (the “Sum”) upon the sooner of (a) the sale of the Town Property by AHTF or (ii) December 31, 2012, notice of which Memorandum of Agreement is recorded with the Registry in Book 1264, Page 336 (the “Notice”); Whereas, the Town, HoNan and AHTF wish to modify the Agreements to allow AHFT to release all of its right, title and interest in the Town Property to the Town in consideration of the Town conveying to AHTF certain Town-owned property known as Town Assessor Map 80, Parcel 97, being commonly known and numbered as 12 Weweeder Avenue , Nantucket, Massachusetts (the “Weweeder Property”) for AHTF to dispose of for the purposes contemplated herein, and to have HoNan agree to the substitution of the Weweeder Property for the Town Property under the Agreements. Now therefore, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Replacement of Agreements. Upon the full execution of this Agreement, this Agreement shall supersede and replace the Agreements, subject, however, to the reinstatement provisions set forth in Paragraph 6 below. The Agreements and all contemporaneous or prior representations, statements, understandings and agreements, oral or written, between the parties are merged in this Agreement, which now alone fully and completely expresses the agreement of parties. 2. Conveyance of Weweeder Property and the Town Property. Upon the full execution of this Agreement, the Town shall convey to AHTF the Weweeder Property for AHTF to sell for any purpose provided that the sale is consistent with the vote by the Town on Article 77 of the 2009 Annual Town Meeting (hereinafter referred to herein as the “Town Vote”), and that all or a portion of the proceeds of such a sale are used by AHTF to pay HoNan the Sum with any remaining proceeds to be used by the AHTF for purposes consistent with the provisions of the Trust; and further provided, that any proceeds of such sale in excess of Five Hundred Thousand and 00/100 Dollars ($500,000.00) shall be paid to the Town for deposit to its General Funds. Copies of the Town Vote are attaches hereto as Exhibit A. In consideration of the Town conveying the Weweeder Property to it, AHTF shall simultaneously release all of its right, title and interest in the Town Property back to the Town. 3. Payment of the Sum. Upon the delivery to AHTF by the Town and recording at the Registry of a deed for the Weweeder Property, AHTF shall be obligated to pay HoNan the Sum in a single payment on or before the sooner of (i) the date the sale by AHTF of the Weweeder Property is finally consummated (i.e., delivery and recording of the deed for the Weweeder Property and receipt by AHTF of the proceeds from such sale), or (ii) December 31, 2012 (the “Payment Date”). AHTF shall not be required to have any interest accrue on or pay any interest related to the Sum. -2- 4. Releases by HoNan. Upon the delivery to AHTF by the Town and recording at the Registry of a deed for the Weweeder Property, the Town shall have no further obligations under this Agreement except as set forth in paragraph 6 below. Upon such delivery and recording the only obligations of AHTF shall be payment of the Sum and as otherwise expressly set forth in this Agreement. Concurrent with the payment to HoNan by AHTF of the Sum, HoNan shall execute and deliver to AHTF and the Town a written release, releasing all its rights to the Weweeder Property and/or the matters that are the subject of or precipitated this Agreement. Such release shall be in the form of the Release attached hereto as Exhibit B. 5. Amendment of Notice. Upon the full execution of this Agreement, HoNan shall execute and deliver to the Town an Amendment of Notice in the form attached hereto as Exhibit C and sufficient for recording at the Registry. Immediately after the payment to HoNan by AHTF of the Sum or the voiding of this Agreement pursuant to the following Section, HoNan shall execute and deliver to the Town a written notice in the form attached hereto as Exhibit D, that the provisions of this Agreement have been satisfied in full and that this Agreement has been terminated. 6. Reinstatement of the Town’s obligations under Section 2 of the 2004 Agreement. Notwithstanding any provisions herein to the contrary, in the event that by the Payment Date or any modifications thereof: (i) AHTF has failed to pay HoNan the Sum as required by Section 3, or (ii) the Trust dissolves or is terminated pursuant to Section 13 of the Trust or otherwise prior to the payment of the Sum as required by Section 3 above, then (a) this Agreement shall not supersede or replace the obligations of the Town under Section 2 of the 2004 Agreement, (b) except as otherwise set forth in this Section 6, the obligations of the Town under Section 2 of 2004 Agreement shall be deemed to be the sole agreement governing the relationship, rights and obligations of the parties, (c) AHTF shall release to the Town all of AHTF’s interest in the Weweeder Property and HoNan shall simultaneously execute and deliver to the Town a Termination of the Notice in recordable form as set forth in Section 5 above, and (d) this Agreement shall, after January 1, 2013, be voidable by either the Town or HoNan. Notwithstanding any provision contained herein to the contrary, in the event in accordance with Section 2 of the 2004 Agreement, the Town issues a Request for Proposal for the development of the Town Property or the Weweeder Property and conveys such property to the successful respondent, then HoNan shall execute and deliver to the Town the Release as set forth in Section 4 of this Agreement. 7. Assignment. Neither this Agreement nor the rights hereunder shall by assignable by HoNan or AHTF, except upon prior written consent by the other and the Town. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of and be enforceable by and against the parties hereto and their respective successors and assigns. 8. Notice. Whenever by terms of this Agreement, notice shall or may be given either to the Town, AHTF or to HoNan, such notices shall be in writing and shall -3- be hand-delivered or sent by registered or certified mail, postage prepaid to the recipient’s address first appearing above or to such other address or addresses as may be from time to time hereafter be designated by the parties. 9. Consent. Whenever in this Agreement the consent or approval of either party is required, such consent or approval shall be in writing, signed by an officer or agent thereunto duly authorized by the party granting such consent or giving such approval. 10. General Provisions. This Agreement shall in all respects he construed and interpreted in accordance with and governed by the laws of the Commonwealth of Massachusetts. This Agreement may not be changed or modified except as agreed in writing signed by each of the parties hereto. This Agreement may be executed in one or more counterparts each of which shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. In the event any provision of this Agreement is deemed to be invalid, illegal, or unenforceable, the remainder of the Agreement shall be valid and enforceable. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] -4- EXECUTED under seal as of this ___________ day of _____________, _______. NHA PROPERTIES, INC., TOWN OF NANTUCKET AFFORDABLE D/B/A HOUSING NANTUCKET HOUSING TRUST FUND By:______________________ ______________________________ Paul A. Wolf, Jr., its Matt MacEachern, Trustee duly authorized President ______________________________ Fernando Esteban, Trustee TOWN OF NANTUCKET, BY ITS BOARD OF SELECTMEN ______________________________ Linda Williams, Trustee _____________________________ ______________________________ Patricia Roggeveen Patricia Roggeveen, Trustee _____________________________ ______________________________ Robert DeCosta Robert DeCosta, Trustee _____________________________ ______________________________ Rick Atherton Rick Atherton, Trustee _____________________________ ______________________________ Michael Kopko Michael Kopko, Trustee _____________________________ ______________________________ Whitey Willauer Whitey Willauer, Trustee ______________________________ Charles A. Hughes, Trustee Schedule of Exhibits: Exhibit A. Town Vote Exhibit B. Release Exhibit C. Amendment of Notice Exhibit D. Notice of Termination of Agreement 437071v5/NANT/0001 -5- Exhibit A Town Vote -6- Exhibit B Release -7- RELEASE The undersigned Paul A. Wolf, Jr., the duly authorized President and Treasurer of NHA Properties, Inc., doing business as Housing Nantucket, a Massachusetts non-profit organization, having its principal place of business at 15 Teasdale Circle, Nantucket, Massachusetts 02554, for itself and its members, successors and assigns (collectively, “HoNan”, in consideration of the payment to HoNan by the Town of Nantucket Affordable Housing Trust Fund, established pursuant to that certain Declaration of Trust dated February 8, 2010 and recorded at the Nantucket County Registry of Deeds (“Registry”) in Book 1221, Page 20, having an address of 2 Fairgrounds Road, Nantucket, Massachusetts 02554 (“AHTF”) of $100,749.99 (the “Sum”) hereby remise, release and forever discharge AHTF and its Trustees and the Town of Nantucket, a Massachusetts municipal corporation, having an address of Town and County Building, 16 Broad Street, Nantucket, Massachusetts 02554 (the “Town”) and their respective successors and assigns, from any and all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, controversies, proceedings, expenses and any and all claims, demand and liabilities whatsoever of every name and nature, known or unknown, both in law and in equity, which we or our members, successors, or assigns now or will ever have related to or arising from: (i) that certain Memorandum of Agreement dated March 17, 2004 by and between the Town and HoNan concerning the purchase and sale of Town-owned property known as Town Assessor Map 79, Parcel 150 and numbered 5 Monohansett Road, Nantucket, Massachusetts, (ii) the vote by the Town on Article 78 of the Town’s 1996 Annual Town Meeting, (iii) the vote by the Town on Article 87 of the Town’s 2010 Annual Town Meeting, (iv) that certain Memorandum of Agreement dated January 12, 2011 by and among the Town, HoNan and the AHTF concerning the payment to HoNan by AHTF of the Sum, and (v) that certain Memorandum of Agreement dated ____________ ____, 2011 by and among the Town, HoNan and the AHTF concerning the aforesaid votes and Agreements and that certain property known as Town Assessor Map 80, Parcel 97, being commonly known and numbered as 12 Weweeder Avenue, Nantucket, Massachusetts. This Release shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, notwithstanding the discovery or existence of any new or additional fact or circumstances or the discovery of any fact or circumstance different from that which they now know or believe to be true with respect to any matter which is the subject of this Release. This Release shall be governed by the laws of the Commonwealth of Massachusetts. This Release shall become effective only when executed by HoNan and delivered to AHTF and the Town. The undersigned have had the advice of independent counsel and execute this instrument as our free act and deed. -8- Executed under seal this _____ day of ___________________, ________. NHA PROPERTIES, INC., D/B/A HOUSING NANTUCKET By:__________________________ Paul A. Wolf, Jr., its President and Treasurer hereunto duly authorized COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this _____ day of __________, _______, before me, the undersigned notary public, personally appeared Paul A. Wolf, Jr., as a President and Treasurer of NHA Properties, Inc., a Massachusetts nonprofit corporation, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as the free act and deed of the said Corporation. ____________________________________ Notary Public My commission expires: -9- Exhibit C Amendment of Notice of Agreement -10- AMENDMENT OF NOTICE OF AGREEMENT 5 Monohansett Road, Nantucket This Amendment of Notice of Agreement (“this Amendment”) is hereby provided by the Town of Nantucket Affordable Housing Trust Fund, acting by and through its Trustees, pursuant to that certain Declaration of Trust dated February 8, 2010 and recorded at the Nantucket County Registry of Deeds (“Registry”) in Book 1221, Page 20, having an address of 2 Fairgrounds Road, Nantucket, Massachusetts 02554 (the “Trust”) and NHA Properties, Inc., d/b/a Housing Nantucket, a Massachusetts non-profit corporation, having its principal place of business at 15 Teasdale Circle, Nantucket, Massachusetts 02554 (“HoNan”). Reference is hereby made to that certain Notice of Agreement dated January 14, 2011 and recorded with the Registry in Book 1264, Page 336 (the “Notice”). The parties to this Amendment hereby agree as follows: 1. All reference to the “Agreement” as set forth in the Notice shall hereinafter refer to that certain Memorandum Agreement dated ________________, 2011 (the “Superseding Agreement”) by and between the Trust, HoNan and the Town of Nantucket,, acting by and through its Board of Selectmen, a Massachusetts municipal corporation, having an address of Town and County Building, 16 Broad Street, Nantucket, Massachusetts 02554 (the “Town”). 2. All reference to the property known as Town Assessor Map 79, Parcel 150, numbered 5 Monohansett Road, Nantucket Massachusetts and owned by the Trust pursuant to the deed recorded at the Registry in Book 1264, Page 332 (the “Property”), is hereby deleted in its entirety, and substituted in its place is certain property known as Town Assessor Map 80, Parcel 97, being numbered 12 Weweeder Avenue, Nantucket Massachusetts, and owned by the Trust pursuant to the deed recorded at the Registry in Book _____, Page ______ (the “Weweeder Property”). -11- EXECUTED under seal as of this _____ day of _____________________, ___________. TOWN OF NANTUCKET AFFORDABLE HOUSING TRUST FUND ________________________________ Matt MacEachern, Trustee ________________________________ Fernando Esteban, Trustee ________________________________ Linda Williams, Trustee ________________________________ Patricia Roggeveen, Trustee ________________________________ Robert DeCosta, Trustee ________________________________ Rick Atherton, Trustee ________________________________ Michael Kopko, Trustee ________________________________ Whitney Willauer, Trustee ________________________________ Charles A. Hughes, Trustee NHA PROPERTIES, INC., D/B/A HOUSING NANTUCKET, a Massachusetts nonprofit corporation By: __________________________ Paul A. Wolf, Jr., its President and Treasurer hereunto duly authorized -12- COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this _____ day of ______, ______, before me, the undersigned notary public, personally appeared Matt MacEachern, Fernando Esteban, Linda Williams, Patricia Roggeveen, Robert DeCosta, Michael Kopko, Rick Atherton, Whitney Willauer and Charles Hughes, as the Trustees of the Nantucket Affordable Housing Trust Fund, proved to me through satisfactory evidence of identification which were _____ photographic identification with signature issued by federal or state governmental agency, _____ oath or affirmation of a credible witness, _____ personal knowledge of the undersigned, to be the persons whose names are signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Nantucket Affordable Housing Trust Fund. __________________________ Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this _____ day of __________, _______, before me, the undersigned notary public, personally appeared Paul A. Wolf, Jr., as a President and Treasurer of NHA Properties, Inc., a Massachusetts nonprofit corporation, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as the free act and deed of the said Corporation. ____________________________________ Notary Public My commission expires: -13- Exhibit D Notice of Termination of Agreement -14- NOTICE OF TERMINATION OF AGREEMENT 5 Monohansett Road, Nantucket This Notice of Termination of Agreement is hereby provided by NHA Properties, Inc., d/b/a Housing Nantucket, a Massachusetts non-profit corporation, having its principal place of business at 15 Teasdale Circle, Nantucket, Massachusetts 02554 (“HoNan”) to the Town of Nantucket Affordable Housing Trust Fund, acting by and through its Trustees, pursuant to that certain Declaration of Trust dated February 8, 2010 and recorded at the Nantucket County Registry of Deeds (“Registry”) in Book 1221, Page 20, having an address of 2 Fairgrounds Road, Nantucket, Massachusetts 02554 (the “Trust”), and the Town of Nantucket, acting by and through its Board of Selectmen, a Massachusetts municipal corporation, having an address of Town and County Building, 16 Broad Street, Nantucket, Massachusetts 02554 (the “Town”). Reference is hereby made to that certain Notice of Agreement dated January 14, 2011 and recorded with the Registry in Book 1264, Page 336 as amended by that certain Amendment of Notice of Agreement dated ______________, ______ and recorded with the Registry in Book ______, Page ______ (collectively, the “Notice”). The undersigned, HoNan, hereby certifies that full satisfaction of the terms and provisions of the Superseding Agreement (as defined in the Notice) has been made, that the New Agreement has, according to its terms, been terminated and that HoNan has no further contractual rights related to or arising from the Superseding Agreement, the Weweeder Property (as defined in the Notice) or any sale proceeds arising from the sale by the Trust of the Weweeder Property. [signature on next page] -15- -16- EXECUTED under seal as of this _____ day of _____, _____. NHA PROPERTIES, INC., D/B/A HOUSING NANTUCKET, a Massachusetts nonprofit corporation By:_______________________ Paul A. Wolf, Jr., Its President and Treasurer Hereunto duly authorized COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this _____ day of ______________, _____, before me, the undersigned notary public, personally appeared Paul A. Wolf, Jr., as President and Treasurer of NHA Properties, Inc., a Massachusetts nonprofit corporation, proved to me through satisfactory evidence of identification, which were _____ photographic identification with signature issued by federal or state governmental agency, _____ oath or affirmation of a creditable witness, _____ personal knowledge of the undersigned, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose, as President and Treasurer of NHA Properties, Inc. _____________________________ Notary Public My commission expires: 437071v6/19710/0001 RELEASE DEED TOWN OF NANTUCKET AFFORDABLE HOUSING TRUST FUND, acting by and through its Trustees, pursuant to that certain Declaration of Trust dated February 8, 2010 and recorded at the Nantucket County Registry of Deeds (“Registry”) in Book 1221, Page 20 (the “Trust”), having an address at 2 Fairgrounds Road, Nantucket, MA 02554, for consideration of One Dollar ($1.00) paid, the receipt and sufficiency of which are hereby acknowledged, releases to the TOWN OF NANTUCKET, acting by and through its Board of Selectmen, having its principal place of business at Town and County Building, 16 Broad Street, Nantucket, MA 02554 (the “Town”), all of the Trust’s right, title and interest in and to the following described parcel of land being all more particularly bounded and described as follows: Block 140 described on the plan recorded in the Registry Plan Book 2 Page 61, being commonly known as 5 Monohansett Road, Nantucket, Nantucket County, Massachusetts. Said parcel consists of approximately 2.2 acres of land and is approximately described on Town of Nantucket Assessor’s Map 79 as Parcel 150. For the undersigned’s title, see Deed dated January 12, 2011, recorded with the Registry in Book 1264, Page 332. No deed stamps are due on this conveyance pursuant to G. L. c. 64D §1. [signatures on following page] Executed as a sealed instrument this _____ day of November, 2011. TOWN OF NANTUCKET AFFORDABLE HOUSING TRUST FUND ________________________________ Matthew MacEachem, Trustee ________________________________ Charles A. Hughes, Trustee ________________________________ Fernando Esteban, Trustee ________________________________ Rick Atherton, Trustee ________________________________ Whiting Willauer, Trustee ________________________________ Michael Kopko, Trustee ________________________________ Patricia Roggeveen, Trustee ________________________________ Robert DeCosta, Trustee ________________________________ Linda Williams, Trustee 437110v3/NANT/0001 COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this _____ day of November, 2011, before me, the undersigned notary public, personally appeared Matthew MacEachem, Charles A. Hughe, Fernando Esteban, Rick Atherton, Whiting Willauer, Michael Kopko, Patricia Roggeveen, Robert DeCosta, as a Trustee of the Nantucket Affordable Housing Trust Fund, 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 Nantucket Affordable Housing Trust Fund. ____________________________________ Notary Public My commission expires: 437110v3/NANT/0001 ACCEPTANCE BY TOWN OF NANTUCKET THE TOWN OF NANTUCKET, acting by and through its Board of Selectmen hereby accepts the foregoing Release Deed from Nantucket Affordable Housing Trust Fund of property being commonly known and numbered as 5 Monohasett Road, Nantucket, Nantucket County, Massachusetts. TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN ________________________________ Rick Atherton ________________________________ Whiting Willauer ________________________________ Michael Kopko ________________________________ Patricia Roggeveen ________________________________ Robert DeCosta 437110v3/NANT/0001 COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this _____ day of ________________, 2011, before me, the undersigned notary public, personally appeared Rick Atherton, Whiting Willauer, Michael Kopko, Patricia Roggeveen, Robert DeCosta, as a 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: 437110v3/NANT/0001 Town and County of Nantucket December 13, 2011 1" = 141 ft MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated January 1, 2011 MEMORANDUM OF AGREEMENT 12 Weweeder Avenue, Nantucket This Memorandum of Agreement (the “Agreement”) is made this _______ day of ______________________, 2011 by and among the Town of Nantucket, acting by and through its Board of Selectmen, a Massachusetts municipal corporation, having an address of Town and County Building, 16 Broad Street, Nantucket, Massachusetts 02554 (“Town”), and the Town of Nantucket Affordable Housing Trust Fund, acting by and through its Trustees pursuant to that certain Declaration of Trust dated February 8, 2010 and recorded at the Nantucket County Registry of Deeds (“Registry”) in Book 1221, Page 20, having an address of 2 Fairgrounds Road, Nantucket, Massachusetts 02554 (“AHTF”), with reference to the following facts and subject to the following terms and conditions. Whereas, the Town, AHTF and NHA Properties, Inc., d/b/a Housing Nantucket, a Massachusetts non-profit corporation, having its principal place of business at 15 Teasdale Circle, Nantucket, Massachusetts 02554 (“HoNan”), are parties to a certain Memorandum of Agreement dated ____________________, 2011 (the “Agreement”) regarding (i) the conveyance by AHFT of its right, title and interest in Town-owned property known as Town Assessor Map 79, Parcel 150 and numbered 5 Monohansett Road, Nantucket, Massachusetts (“Town Property”) to the Town in consideration of the Town conveying to AHTF certain Town-owned property known as Town Assessor Map 80, Parcel 97, being commonly known and numbered as 12 Weweeder Avenue , Nantucket, Massachusetts (the “Weweeder Property”) for AHTF to dispose of for the purposes contemplated in the Agreement, and (ii) the payment by AHTF to HoNan of $100,749.99 (the “Sum”) upon the sooner of (a) the sale of the Weweeder Property by AHTF or (ii) December 12, 2012; and Whereas, the Town and AHTF wish to supplement the Agreement to specifically set forth the purposes for which the proceeds from the sale of the Weweeder Property shall by used by AHTF. Now therefore, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Sale of Weweeder Property. Notwithstanding any provisions contained in the Agreement to the contrary, upon the sale of the Weweeder Property, AFHT shall hold the funds from the disposition of said Property in trust to be used solely for the following purposes: A. First, to pay over to the Town any net proceeds in excess of Five Hundred Thousand and 00/100 Dollars ($500,000.00) for deposit into the Town’s General Fund in accordance with the Agreement; B. Second, to pay HoNan the Sum in accordance with the Agreement; C. Third, the remaining net proceeds, if any, to pay for (i) the monetary consideration for real property to be acquired by AHTF for use as affordable housing; (ii) design and construction costs for the improvement of real property by AHTF for use as affordable housing, and/or (iii) monetary consideration for the acquisition of affordable housing restrictions by AHTF, all in accordance with the provisions of the Declaration of Trust and G.L. c.44, §55; and D. Fourth, for such other purposes as the Board of Selectmen shall approve. For purposes of this Agreement, the term “net proceeds” shall mean all proceeds from the sale of the Weweeder Property minus any reasonable and customary closing costs incurred by AHTF as Seller. 2. Binding Effect. This Agreement shall be binding upon and inure to the benefit of and be enforceable by and against the parties hereto and their respective successors and assigns. 3. General Provisions. This Agreement shall in all respects he construed and interpreted in accordance with and governed by the laws of the Commonwealth of Massachusetts. This Agreement may not be changed or modified except as agreed in writing signed by each of the parties hereto. This Agreement may be executed in one or more counterparts each of which shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. In the event any provision of this Agreement is deemed to be invalid, illegal, or unenforceable, the remainder of the Agreement shall be valid and enforceable. -2- -3- EXECUTED under seal as of this ___________ day of _____________, _______. TOWN OF NANTUCKET, TOWN OF NANTUCKET AFFORDABLE BY ITS BOARD OF SELECTMEN HOUSING TRUST FUND _____________________________ ____________________________ Patricia Roggeveen Matt MacEachern, Trustee _____________________________ _____________________________ Robert DeCosta Fernando Esteban, Trustee _____________________________ ______________________________ Rick Atherton Linda Williams, Trustee _____________________________ ______________________________ Michael Kopko Patricia Roggeveen, Trustee _____________________________ ______________________________ Whitey Willauer Robert DeCosta, Trustee ______________________________ Rick Atherton, Trustee ______________________________ Michael Kopko, Trustee ______________________________ Whitey Willauer, Trustee ______________________________ Charles A. Hughes, Trustee 438568/19710/0001 QUITCLAIM DEED TOWN OF NANTUCKET acting by and through its Board of Selectmen, having its principal place of business at Town and County Building, 16 Broad Street, Nantucket, MA 02554 (the “Town”), pursuant to Article 77 of the 2009 Annual Town Meeting and Article 77 of the 2010 Annual Town Meeting, for consideration of One Dollar ($1.00) paid, the receipt and sufficiency of which is hereby acknowledged, grants to TOWN OF NANTUCKET AFFORDABLE HOUSING TRUST FUND, acting by and through its Trustees, pursuant to that certain Declaration of Trust dated February 8, 2010 and recorded at the Nantucket County Registry of Deeds (“Registry”) in Book 1221, Page 20 (the “Trust”), having an address at 2 Fairgrounds Road, Nantucket, MA 02554, with quitclaim covenants, all right, title and interest in and to the following described parcel of land: Property Address: 12 Weweeder Avenue, Nantucket, MA Block 154, Lots 1-5 and 16 – 20 described on the plan recorded in the Registry Plan Book 2 Page 26, being commonly known and numbered as 12 Weweeder Avenue, Nantucket, Nantucket County, Massachusetts. Said parcel consists of approximately 1.15 acres of land and is approximately described on Town of Nantucket Assessor Map 80 as Parcel 97. Said Parcel is conveyed subject to the restriction that the use of said Parcel be limited to such uses as are compatible with the character of the neighborhood and with the provisions of the LUG-1 zoning district set forth in Nantucket Zoning Bylaw Section 139-7.A. Notwithstanding any provision contained herein to the contrary, the Town retains to itself and excludes from this conveyance all rights of passage, interests in the fee title, and all other rights, title and interest in those portions of the paper streets abutting the conveyed premises and described on said Assessor’s Map as Weweeder Avenue and Naushon Way. The undersigned certifies that there has been full compliance with the provisions of G. L. c. 44 §63A. After recording, please return to: No deed stamps are due on this conveyance pursuant to G. L. c. 64D §1. For the Town’s title, see Instrument dated November 29, 1898 recorded with Nantucket County Registry of Deeds in Book 81, Page 232. Executed as a sealed instrument this _____ day of _________________, 2011. TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN ________________________________ Rick Atherton ________________________________ Whiting Willauer ________________________________ Michael Kopko ________________________________ Patricia Roggeveen ________________________________ Robert DeCosta -2- -3- COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this _____ day of ________________, 2011, before me, the undersigned notary public, personally appeared Rick Atherton, Whiting Willauer, Michael Kopko, Patricia Roggeveen, Robert DeCosta, as a 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: 437145v4/19710/0001 November 16, 2011 54 Canal Street Suite 320 Boston, MA 02114 Cynthia F. McNerney Managing Director 617-619-4408 Direct 617-619-4411 Fax cmcnerney@firstsw.com Libby Gibson, Town Manager Town of Nantucket Town Hall Nantucket, MA 02554 Subject: Recommended steps to improve Nantucket’s credit rating Dear Libby. In response to your request that we identify what steps the Town of Nantucket can take to improve its credit rating, we offer the summary of the Town’s existing credit and recommendations discussed below. The Town was most recently rated in May 2011 by Moody’s Investors Service (“Moody’s), at which time its Aa2 long-term credit rating was affirmed. Previously, in March, 2010, the Town’s Aa3 rating was recalibrated and raised one notch to its current Aa2 rating when Moody’s adjusted all municipal ratings to be commensurate with long-term corporate credit ratings. The recalibration did not constitute an upgrade. Aa2 is in the middle of the Aa rating category, between Aa3 and Aa1, and 2 notches below Aaa, the highest rating attainable. The Town is not currently rated by either of the two other major rating firms: Standard & Poor’s (“S&P”) or Fitch. The May 2011 Moody’s credit report (attached) summarizes the rationale for the Town’s credit rating as follows: “The Aa2 rating incorporates the town’s substantial and wealthy tax base, stable financial position and modest debt burden”. Strengths include a “sizeable tax base with strong wealth levels, and a stable financial position”. Challenges include “maintaining structural balance in an operating environment of increasing expenditures and slow revenue growth”. To put this discussion in context, since September 2008 when the Great Recession started after the demise of Lehman Brothers, we’ve seen the wholesale downgrade of municipal bond insurance companies which previously had provided credit enhancement on essentially all Aa3 and lower rated municipal bonds brought to market in the previous decade. With the new economic climate and the downgrade of previously rated Aaa bond insurers to below investment grade levels for the most part, there is a new focus on the underlying credit of issuers, and a number of changes have consequently occurred in how municipal credit is viewed. General obligation municipal bonds are evaluated by looking at numerous factors relating to a community’s management, finances, economy, and debt. Here in Massachusetts a fifth factor is Proposition 2 ½. It used to be that rating agencies would rely on the five year historical trend in performance and a number of ratios within these five broad rating categories to assign ratings. Now however, as important as these historical trends and ratios continue to be, the focus of evaluating municipal credit has shifted to include the potential effects of prospective challenges, and on management practices and policies. Within the debt category for example, plans regarding funding unfunded pension and OPEB liability are part of the credit review. Other fixed expenses are viewed in light of the constraints of Proposition 2 ½ and limited growth opportunity. Strong management, reserves, and fiscal policies have become the critical component to achieving the highest ratings. Whether an issuer can achieve structural balance and its ability and commitment to maintaining structural balance and strengthening flexibility (reserves primarily) despite economic conditions, is at the heart of the current evaluation of municipal credit. With this in mind, and knowing that the Town is limited in its ability to control certain factors impacting its credit (such as storm risk), there are a number of ways the Town could take steps to strengthen and improve its credit, most of which relate to building reserves, developing and complying with strong fiscal policies and management procedures, and achieving and maintaining structural balance. Moody’s report states that what could make the rating go up is “continued improvement to the town’s financial position”, and by “strengthening of the demographic profile to levels more consistent with higher rating categories”. Regarding their first point, the Town’s finances have continued to improve and stabilize in the past several years as reflected in the trend of its General Fund balances, Free Cash, and Stabilization Funds. Included with this letter are Credit Comparisons of Nantucket versus Aa1 and Aa2 peers and versus Massachusetts triple-A’s by either Moody’s or S&P showing that within the 5 major rating criteria that as a percent of revenue, Nantucket’s reserve ratio could fit into any one of the Aa2, Aa1 or Aaa rating categories. However, this ratio is only one factor used to evaluate financial position and strength. Because the Town’s General Fund provides substantial subsidies to both its solid waste enterprise fund and nursing home operation, special risk is created that can likely only be mitigated by building additional reserves to offset the inherent vulnerability to the General Fund of increased costs in either operation, so-called enterprise risk. Moody’s point that what also could make the rating go up is to strengthen its demographic profile to levels more consistent with higher rating categories is difficult to address. Nantucket’s per capita and median family income compares closer to the Aa2 peer group in the Comparisons provided, than with either of the two higher rating categories. While there is an assumed ready explanation for this relating to the number of second home property owners and considering the wealth of the Town’s property tax base and exclusivity, the only sure way to mitigate the negative perception created is again, by further building reserves, if in fact the Town’s goal is to achieve a higher rating. S&P, which does not currently rate the Town, has added a transparent Financial Management Assessment (“FMA”) ranking as an integral part of its general obligation credit rating process. While Moody’s does not separately assign a formal ranking to financial management practices, it is equally critical to their assessment of credit quality and the strength or weakness of this factor cannot be understated as it is inextricably related to all of the credit criteria. “Managerial decisions, policies, and practices apply directly to the government’s financial position and operations, debt burden, and other key credit factors. A government’s ability to implement timely and sound financial and operational decisions in response to economic and fiscal demands is a primary determinant of near-term changes in credit quality” according to S&P’s release on its FMA process, a copy of which is attached. The release outlines their analytical methodology to evaluate management practices and policies in the seven areas they believe most likely to affect credit quality, and provides definitions of their rankings. With this as a template, the Town should review its management policies and procedures and consider where it ranks, determine what it needs to do to improve its practices, and implement those improvements, regardless of rating outcome. Additionally, 2 we would recommend that the Town explore whether S&P would rate the Town’s credit stronger than Moody’s. There are a variety of options in this regard, which we can discuss. We are preparing additional detailed information to share with the Board of Selectmen that will provide further insight into the Town’s credit assessment and forward steps for your review in advance of coming to the Town to discuss in person. Additionally, if the Town decides it wants to pursue all the steps necessary to improve its management practices, procedures and fiscal policies, we will assist in the evaluation of what needs to be done after further discussions with the Town. I hope this summary proves useful. Please do not hesitate to call with any questions. Sincerely yours, Cinder McNerney Managing Director Enclosures 3 RESEARCH Top 10 Management Characteristics Of Highly Rated Credits In U.S. Public Finance Publication date:11-Jan-2006 Primary Credit Analyst:Robin Prunty, New York (1) 212-438-2081; robin_prunty@standardandpoors.com Secondary Credit Analyst:Karl Jacob, New York (1) 212-438-2111; karl_jacob@standardandpoors.com Standard & Poor's Ratings Services has widely disseminated information to investors and issuers outlining how a credit rating is established in U.S. Public Finance. We have also developed representative ranges for key ratios that factor into tax-backed credit quality. These ratios are the foundation of the quantitative measures Standard & Poor's uses when establishing a credit rating. Ratios and comparisons are used to fine-tune credit analysis and help to make credit distinctions. For bond issuers, credit ratios are often used as a framework for making comparisons, with the focus often on improving a credit rating. In addition to quantitative factors, qualitative information factors heavily into credit analysis. Management factors, administrative characteristics and other structural issues facing a government entity can be an overriding factor in a rating outcome. Management can contribute significantly to many of the individual credit ratios and can positively affect ratings in a number of ways. Conversely, the lack of strong management can be a significant factor in a weak credit profile. The economy will play a key role in determining a rating category, but management will be one of the deciding factors in fine-tuning the rating. The management or administrative structure of a government can move a rating up or down more significantly and swiftly than any other element of a credit review. When assessing management, Standard & Poor's includes analysis of the political framework that governs it, as well as the day-to-day management staff. There could be a strong management team in place, but if there is political instability or lack of political will to make difficult decisions, management will be ineffective in many cases. Standard & Poor's also focuses on the "whole of government." Oversight and management controls covering all of the disparate operations of a government with a focus on accountability at each department or function are critical to strong credit rating. The "Top 10" list of management characteristics associated with Standard & Poor's highly rated credits is generally applicable to other enterprise operations of government such as water, sewer, or solid waste. The relative importance of these factors may vary from credit to credit. It is important to remember that credibility is an important part of a rating review process and management assessment. Every government has challenges. Identifying problems or issues, and detailing how these will be addressed establishes credibility and greater transparency in the rating process. Top 10 List 1. An established rainy day/budget stabilization reserve A formalized financial reserve policy is a consistent feature of most of Standard & Poor's highly rated credits. It has been standard operating procedure for some governments for decades. Others focused attention on this following the recession of the early 1990s, and again in 2001 when many regions of the country experienced sustained revenue weakness that required severe budget reduction measures. Reserves provide financial flexibility to react to budget shortfalls or other unforeseen circumstances in a timely manner. No one level or type of reserve is considered optimal from Standard & Poor's perspective. Many different types of reserves have factored into an improved government credit profile. Some important considerations when establishing a reserve are: Page 1 of 4[11-Jan-2006] Top 10 Management Characteristics Of Highly Rated Credits In U.S. Publi... 2/17/2006http://www.ratingsdirect.com/Apps/RD/controller/Article?id=487198&type=&outputType... 2. Regular economic and revenue reviews to identify shortfalls early 3. Prioritized spending plans and established contingency plans for operating budgets 4. A formalized capital improvement plan in order to assess future infrastructure requirements 5. Long-term planning for all liabilities of a government, including pension obligations, other post employment benefits and other contingent obligations would be optimal and allow for comprehensive assessment of future budgetary risks z The government's cash flow/operating requirements; z The historic volatility of revenues and expenditures through economic cycles; z Susceptibility to natural disaster events; z Will the fund be a legal requirement or an informal policy; z Are formal policies established outlining under what circumstances reserves can be drawn down; and z Will there be a mechanism to rebuild reserves once they are used. It is important to keep in mind that use of budget stabilization reserves is not in and of itself a credit weakness. The reserves are clearly in place to be used. A balanced approach to using reserves is important in most cases, however, because full depletion of reserves in one year without any other budget adjustments creates a structural gap in the following year if economic trends continue to be weak. Having a formal mechanism to monitor economic trends and revenue performance at regular intervals is a key feature of stable financial performance. This is particularly true if a government relies on income tax or consumption-based taxes that respond rather quickly to economic fluctuations. Evaluating historical performance of certain revenues is important to this analysis because each government will have different leading or lagging economic indicators that signal potential revenue variance issues based on their economic structure. The earlier revenue weakness is identified in the fiscal year, the more effective the budget balancing response can be. It is important to monitor upside growth as well. A surge in revenues is important to understand as well to determine if the trend is an aberration or something that is likely to sustain and require a mid-year adjustment. Contingency planning should be an ongoing exercise for governments. Budgets tend to inflate in good times: governments will expand services, fund generous employee pay packages, and accelerate financing for quality-of-life projects that would never be considered in a slow growth or declining economic environment. It is good public policy to have contingency plans and options to address budget imbalance when it occurs. This would include an analysis of the following: z What part of the budget is discretionary; z What spending areas can be legally or practically reduced; z The time frame necessary to achieve reductions of various programs; z Where revenue flexibility exists; and z A course of action on the revenue side under various economic scenarios. Highly rated credits will have a long-term capital improvement program that comprehensively assesses the infrastructure requirements of the government and a plan to fund these requirements over a five-year (or longer) time frame. Having a realistic plan that is comprehensively developed and updated annually is a requirement of all highly rated local governments. Developing these programs for state government is difficult because the scale of projects and the scope of responsibilities are so broad. Many have accomplished this task despite these obstacles, which is a positive credit factor. It is also important to incorporate the impact of capital projects on the operating budget for the short- and long-term. Governments have been moving into non-traditional projects, whether they are economic development (contributing infrastructure to a developer or industry) or quality of life (stadiums). These projects come with an upfront budget cost, but can have multiyear budget impacts. Projects can be sold as self- supporting, but may potentially be a drain on taxing resources. This area of analysis should be comprehensive and include the "whole of government" approach. The nature of government services can create unexpected contingent obligations, or "off balance sheet" liabilities that could ultimately affect taxing resources. Unfunded pension liabilities have been disclosed in detail for years and this disclosure has enhanced the transparency of funding obligations in both the current year, and future years. Disclosure of this liability has also focused attention and planning on ways Page 2 of 4[11-Jan-2006] Top 10 Management Characteristics Of Highly Rated Credits In U.S. Publi... 2/17/2006http://www.ratingsdirect.com/Apps/RD/controller/Article?id=487198&type=&outputType... 6. A debt affordability model in place to evaluate future debt profile 7. A pay-as-you-go financing strategy as part of the operating and capital budget. 8. A multiyear financial plan in place that considers the affordability of actions or plans before they are part of the annual budget. 9. Effective management and information systems 10. A well-defined and coordinated economic development strategy to improve funding levels. The new GASB Statement 45 requiring disclosure of liabilities associated with other post employment benefits (OPEB) will highlight some significant future liabilities for many governments. Given the rate of growth in health insurance costs and current demographic trends, greater transparency in this area will allow for advance development of funding and management solutions. Other areas of government operations and services have also resulted in budget pressure that may fall out of the traditional general fund focus. Hospital and nursing home operations, as well as various other enterprise operations have caused funding challenges at the local level, even when there is no clear legal responsibility for the government to provide funding. At the state level, local government fiscal difficulties can increase and become a funding challenge for the state. Recently, state and local governments have developed debt affordability models. The impact of these models on a long-term credit rating will be dependent on how the model is established and used by the government, and the track record in adhering to the affordability parameters established in the model. There is no question that the process enhances the capital budgeting and related policy decisions regarding debt issuance and amortization. Pay-as-you-go financing can be a sound financing policy. Not only does it lower debt service costs, but also it provides operating budget flexibility when the economy or revenue growth slows. This is a more significant financing option when tax revenue growth in many areas can be considered extraordinary. A better match can be achieved between non-recurring revenues and non-recurring expenditures if this type of financing is used. It is important that this plan is comprehensive. During a sustained economic recovery, program enhancements and tax reductions are natural. Pension funds that performed at record levels can provide incentive to expand or enhance benefits. As these program enhancements and tax reduction programs are incorporated on a long-term basis, it is important that management and elected officials understand the implications of any funding change. Elected officials will be ultimately responsible for the decisions necessary to restore out-year budget balance. Multiyear planning can be an important part of this process. The reality of government finance today is that even when there is legal authority to raise taxes, there may not be a practical ability to do so because it is politically unpopular. Standard & Poor's realizes that the out- years of a multiyear plan are subject to significant change. They provide a model to evaluate how various budget initiatives affect out-year revenues, spending and reserve levels. These plans will often have out- year gaps projected, which allows governments to work out, in advance, the optimal method of restoring fiscal balance. Investing in systems that improve the efficiency and effectiveness of a government unit and enhance overall service delivery is a positive financial management tool. Investment in financial management and information technology infrastructure has been significant during the past decade. To the extent that these changes improve financial reporting and monitoring capabilities, they enhance transparency and are viewed as a positive credit factor. Economic development programs have expanded rapidly over the last 20 years. The question for state and local governments now is not whether there should be a formal economic development program, but rather how significant a resource commitment should be dedicated to running these programs and offering incentives. These are clearly government policy decisions involving cost benefit analysis that are generally outside the credit rating process. However, if these economic development programs and strategies create employment, enhance diversification, and generate solid income growth, they could have a positive effect on a government credit rating over the long-term. To the extent that there is a net revenue benefit to a government, it could also be a positive credit factor. Economic development strategies have increasingly become regional in nature and there has been a more coordinated approach between state and local governments. Analytic services provided by Standard & Poor's Ratings Services (Ratings Services) are the result of separate activities Page 3 of 4[11-Jan-2006] Top 10 Management Characteristics Of Highly Rated Credits In U.S. Publi... 2/17/2006http://www.ratingsdirect.com/Apps/RD/controller/Article?id=487198&type=&outputType... designed to preserve the independence and objectivity of ratings opinions. The credit ratings and observations contained herein are solely statements of opinion and not statements of fact or recommendations to purchase, hold, or sell any securities or make any other investment decisions. Accordingly, any user of the information contained herein should not rely on any credit rating or other opinion contained herein in making any investment decision. Ratings are based on information received by Ratings Services. Other divisions of Standard & Poor's may have information that is not available to Ratings Services. Standard & Poor's has established policies and procedures to maintain the confidentiality of non-public information received during the ratings process. Ratings Services receives compensation for its ratings. Such compensation is normally paid either by the issuers of such securities or third parties participating in marketing the securities. While Standard & Poor's reserves the right to disseminate the rating, it receives no payment for doing so, except for subscriptions to its publications. Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees. Copyright © 1994-2006 Standard & Poor's, a division of The McGraw-Hill Companies. All Rights Reserved. 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TOWN OF NANTUCKET, MASSACHUSETTS Member FINRA Member SIPCTelephone (617) 617-4408 Fax (617) 617-4411September 2011Credit Comparison with Massachusetts Aa1 and Aa2 Rated Communities54 Canal Street, Suite 320Boston, Massachusetts 02114 IssuerMoody's/ S&P2010 Population2000 Per Capita Income2000 Median Family IncomeJuly 2011 Unemployment Rate2010 Equalized Valuation Per Capita EQVFY 11 Residential AV as a % of Total AV 6/30/11 General Obligation Bonded Debt OutstandingBonded Debt Per CapitaCumulative % ofPrincipal Retiredin 10 Years7/1/10 Free Cash6/30/10 Stabilization Fund BalanceFY 10 Total Fund BalanceFY 10 Undesignated General Fund BalanceFY 10 Total RevenuesTotal Fund Balance as a % of RevenueUndesignated and Stabilization Fund Balance as a % of RevenueFY 11 Excess Levy CapacityCumulative Excess Lower Levy Limit Capacity for the past 10 yearsNantucket Aa2/NR 10,172 31,314 66,786 3.7% 21,914,393,400 2,154,384 91.9% 150,571,429 14,803 58.5% 2,581,592 3,411,511 13,493,616 7,635,631 73,446,885 18.37% 15.04% 73,938 761,707Cohasset Aa1/AA+ 7,542 42,909 100,137 6.0% 2,530,596,400 335,534 92.6% 79,738,466 10,573 66.7% 166,625 1,015,044 964,350 328,674 35,101,360 2.75% 3.83% 12,786 107,676Duxbury Aa1/AAA 15,059 40,242 106,245 5.8% 3,853,684,100 255,906 96.1% 19,861,565 1,319 87.8% 3,649,573 1,414,693 6,653,698 4,724,985 60,094,281 11.07% 10.22% 722,691 2,642,414Medfield Aa1/NR 12,024 42,891 108,926 5.6% 2,436,472,800 202,634 94.3% 40,360,692 3,357 87.8% 1,311,875 2,935,418 19,283,437 1,971,187 48,258,585 39.96% 10.17% 20,517 1,976,946Braintree Aa2/AA 35,744 28,683 73,417 7.2% 5,803,418,500 162,361 76.6% 40,076,000 (1) 1,121 73.4% 6,886,442 2,082,933 10,073,933 9,178,146 105,799,340 9.52% 10.64% 10,963 464,699Falmouth Aa2/AA+ 31,531 27,548 57,422 6.8% 12,168,109,600 385,909 92.3% 112,906,393 3,581 69.9% 1,124,951 2,001,786 3,033,184 1,554,559 106,252,248 2.85% 3.35% 29,702 457,831Franklin Aa2/NR 31,635 27,849 81,826 6.7% 4,899,142,800 154,865 79.4% 55,929,284 1,768 73.4% 2,133,006 5,177,905 6,665,017 2,907,825 97,990,475 6.80% 8.25% 35,498 229,378Milton Aa2/AA 27,003 37,138 94,359 6.7% 4,827,150,700 178,763 95.9% 38,912,039 1,441 68.2% 568,531 1,406,900 2,277,515 1,902,317 80,907,428 2.81% 4.09% 5,138 237,393Plymouth Aa2/AA 56,468 23,732 63,266 7.3% 9,880,984,900 174,984 77.1% 114,429,866 2,026 70.2% 2,931,064 8,021,759 21,367,487 8,720,104 164,798,879 12.97% 10.16% 6,587,421 66,472,258Scituate Aa2/AA 18,133 33,940 86,058 5.6% 4,326,753,800 238,612 95.4% 46,445,430 2,561 76.9% 976,826 2,202,033 3,677,039 1,715,555 61,075,720 6.02% 6.41% 30,171 216,184Shrewsbury Aa2/NR 35,608 31,570 77,674 6.7% 5,064,277,500 142,223 87.6% 53,185,941 1,494 88.2% 5,845,970 155,692 14,232,883 7,415,777 93,017,243 15.30% 8.14% 30,085 4,072,044Walpole Aa2/NR 24,070 32,117 84,458 6.4% 4,048,453,200 168,195 86.1% 32,752,714 1,361 78.7% 2,692,668 1,349,897 5,494,196 4,451,694 68,790,929 7.99% 8.43% 3,686 120,133Wrentham Aa2/AA+ 10,955 30,792 89,058 7.2% 1,904,265,700 173,826 81.0% 16,342,003 1,492 87.9% 1,283,180 1,793,130 3,293,496 2,485,599 32,474,643 10.14% 13.18% 4,051 942,327Nantucket's Rank out of 1312 8 11 1 1 1 7 13 13 13 6 3 4 3 7 2 1 3 6(1) Excludes $101,715,000 of Electric Light Department Debt.Credit Comparison with Massachusetts Aa1 and Aa2 Rated Communities TOWN OF NANTUCKET, MASSACHUSETTSEconomicsFinancesDebt $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 Per Capita IncomeNantucketvs. MA Aa1& Aa2 Rated Communities2000 Per Capita Income$0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 Median Family IncomeNantucketvs. MA Aa1 & Aa2 Rated Communities 2000 Median Family Income0%1%2%3%4%5%6%7%8%Unemployment RateNantucketvs. MA Aa1 &Aa2Rated CommunitiesJuly 2011 Unemployment Rate $0 $20 $40 $60 $80 $100 $120 $140 $160 G.O. Bonds Outstanding as of June 30, 2011 (Millions)Nantucket vs. MA Aa1 & Aa2 Rated CommunitiesGeneral Obligation Bonded Debt Outstanding as of June 30, 2011$0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 Bonded Debt Per Capita Nantucket vs. MA Aa1 &Aa2Rated CommunitiesBonded Debt Per Capita80%100%rincipal earsNantucketvs. MA Aa1& Aa2Rated CommunitiesCumulative % of Principal Retired in 10 Years*Braintree's debt excludes $101,715,000 of Electric Light Department Debt. 0%20%40%60%Cumulative % of PrRetired in 10 Ye $0.0 $5.0 $10.0 $15.0 $20.0 $25.0 2010 EQV (Billions)Nantucket vs. MA Aa1& Aa2 Rated Communities2010 Equalized Valuation$0.0$0.4$0.8$1.2$1.6$2.0$2.4Per Capita EQV (Millions)Nantucket vs. MA Aa1 & Aa2 Rated CommunitiesPer Capita EQVNantucket vs. MAAa1 &Aa2Rated CommunitiesFY 11 Residential Assessed Valuation as a % of Total FY 11 Assessed 0%20%40%60%80%100%Residential AV as a % of Total AV FY 11Valuation $0 $1 $2 $3 $4 $5 $6 $7 Free Cash in FY 11 (Millions)Nantucket vs. MA Aa1 & Aa2 Rated Communities7/1/10 Free Cash$0 $2 $4 $6 $8 $10 Stabilization Fund Balancein FY 10 (Millions)Nantucket vs. MAAa1 & Aa2Rated Communities6/30/10 Stabilization Fund Balance$5$10 $15 $20 $25 Fund Balance (Millions)Nantucket vs. MA Aa1 &Aa2Rated CommunitiesFY 10 Total General Fund Balance$3 $6 $9 $12 ignated General Fund alance (Millions)Nantucket vs. MA Aa1 & Aa2 Rated CommunitiesFY 10 Undesignated General Fund Balance$0 $5 Total General F$0 UndesiBa$0 $25 $50 $75 $100 $125 $150 $175 Total Revenues(Millions)Nantucket vs. MA Aa1 & Aa2 Rated CommunitiesFY 10 Total Revenues 0%5%10%15%20%25%30%35%40%Total Fund Balance as a % of RevenueNantucket vs. MA Aa1 & Aa2 Rated CommunitiesTotal Fund Balance as a % of Revenue16%s a % Nantucket vs. MA Aa1 & Aa2Rated CommunitiesUndesignated and Stabilization Fund Balance as a % of Revenue0%2%4%6%8%10%12%14%16%Undesignated and Stabilization Fund Balance asof Revenue $0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 FY 2011 Excess Levy Capacity (Millions)Nantucket vs. MAAa1 & Aa2 Rated Communities FY 11 Excess Lower Levy Limit Capacity$70.0 itys)Nantucketvs. MA Aa1 &Aa2 Rated Communities Cumulative Excess Lower Levy Limit Capacity for the past 10 years$0.0 $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 $70.0 Cumulative Excess Levy Capacityfor the past 10 years (Millions) 20,000 30,000 40,000 50,000 60,000 PopulationNantucket vs. MA Aa1and Aa2Rated Communities2010 Census Population0 10,000 Communities TOWN OF NANTUCKET, MASSACHUSETTS Member FINRA Member SIPCTelephone (617) 619-4408 Fax (617) 619-4411October 2011Credit Comparison with Massachusetts Aaa/AAA Rated Communities54 Canal Street, Suite 320Boston, MA 02114 IssuerMoody's/ S&P2010 Population2000 Per Capita Income2000 Median Family IncomeAugust 2011 Unemployment Rate 2010 Equalized Valuation Per Capita EQVFY 11 Residential AV as a % of Total AV 6/30/11 General Obligation Bonded Debt OutstandingBonded Debt Per CapitaCumulative % of Principal Retired in 10 Years7/1/10 Free Cash6/30/10 Stabilization Fund BalanceFY 10 Total Fund BalanceFY 10 Undesignated General Fund BalanceFY 10 Total RevenuesTotal Fund Balance as a % of RevenueUndesignated and Stabilization Fund Balance as a % of RevenueFY 11 Excess Lower Levy Limit CapacityCumulative Excess Lower Levy Limit Capacity for the past 10 yearsNantucketAa2/NR 10,172 31,314 66,7863.6%21,914,393,400 2,154,384 91.9% 150,571,429 14,803 58.5% 2,581,592 3,411,511 13,493,616 7,635,631 73,446,885 18.37% 15.04% 73,938 761,707ActonAaa/AAA21,924 41,901 108,189 4.8%3,988,811,200 181,938 87.2% 42,237,230 1,927 64.5% 4,650,574 - 10,293,296 (1) 6,457,560 (1) 78,677,472 (1) 13.08% 8.21% 293,210 1,022,245AndoverAa1/AAA 33,201 41,133 104,8205.7%7,405,664,700 223,055 79.5% 86,828,019 2,615 76.0% 1,609,854 4,433,141 4,458,198 3,250,042 133,365,479 3.34% 5.76% 70,925 2,153,110ArlingtonAa1/AAA42,844 34,399 78,741 4.8%7,388,658,200 172,455 94.0% 56,122,014 1,310 90.8% 770,498 2,546,031 6,315,285 1,171,918 119,130,107 5.30% 3.12% 23,955 315,165BarnstableNR/AAA45,193 25,554 54,026 5.9%14,945,861,000 330,712 88.4% 136,501,604 3,020 79.4% 10,746,572 11,638,017 17,718,451 13,947,168 128,536,305 13.78% 19.91% 97,966 797,910BedfordAaa/AAA13,320 39,212 101,081 6.1%3,009,721,800 225,955 77.9% 61,983,530 4,653 72.3% 2,394,874 3,403,858 7,110,308 2,217,840 65,528,825 10.85% 8.58% 630,829 10,144,025BelmontAaa/NR24,729 42,485 95,057 5.1%5,579,451,400 225,624 93.9% 62,526,450 2,528 56.8% 4,019,916 - 9,990,470 8,133,446 84,797,887 11.78% 9.59% 192,274 1,458,887BrooklineAaa/NR58,732 44,327 92,993 4.0%16,024,896,500 272,848 90.8% 75,955,000 1,293 83.6% 7,105,288 5,398,393 17,922,815 11,883,429 221,305,104 8.10% 7.81% 33,911 197,408CantonAa1/AAA21,561 33,510 82,904 5.9%4,386,215,300 203,433 76.6% 66,040,695 3,063 76.6% 990,878 3,234,212 10,158,471 1,959,548 72,298,605 14.05% 7.18% 118,466 4,832,681ChathamAa2/AAA6,125 28,594 56,750 4.5%6,915,743,700 1,129,101 93.0% 36,213,897 5,912 83.0% 814,322 1,760,452 5,064,637 2,353,415 34,040,760 14.88% 12.09% 73,683 2,009,255ConcordAaa/NR17,668 51,477 115,839 4.5%5,562,518,600 314,836 90.6% 80,557,680 4,560 71.8% 8,635,340 3,331,060 20,841,051 9,335,733 84,573,185 24.64% 14.98% 2,039,388 9,131,196DoverAaa/AAA5,589 64,899 157,168 3.8%2,482,558,300 444,186 97.4% 12,368,800 2,213 88.3% 4,433,983 779,332 6,892,167 4,749,048 29,592,353 23.29% 18.68% 206,504 2,350,702DuxburyAa1/AAA15,059 40,242 106,245 5.2%3,853,684,100 255,906 96.1% 19,861,565 1,319 87.8% 3,649,573 1,414,693 6,653,698 4,724,985 60,094,281 11.07% 10.22% 722,691 2,642,414Hi h22 15741 70398 59844%EconomicsFinancesTOWN OF NANTUCKET, MASSACHUSETTSCredit Comparison with Massachusetts Aaa/AAA Communities DebtHinghamAaa/AAA22,15741,70398,5984.4%6,257,344,000 282,409 86.4% 65,885,742 2,974 75.8% 8,707,991 - 7,099,935 (2) 5,546,260 (2) 78,226,398 (2) 9.08% 7.09% 553,725 3,068,739LexingtonAaa/NR31,394 46,119 111,899 4.9%8,647,848,600 275,462 87.2% 73,025,180 2,326 83.9% 7,125,000 7,528,148 20,903,768 10,974,725 156,802,523 13.33% 11.80% 57,462 1,279,872LincolnNR/AAA6,362 49,095 87,842 4.1%2,014,226,600 316,603 96.2% 16,557,064 2,602 71.9% 3,340,722 - 6,656,780 3,667,864 28,838,769 23.08% 12.72% 12,974 514,235MarbleheadNR/AAA19,808 46,738 99,892 5.0%5,580,750,300 281,742 94.7% 37,790,000 1,908 62.1% 4,595,434 - 9,789,024 4,912,140 67,381,658 14.53% 7.29% 4,179 139,782NatickAa1/AAA33,006 36,358 85,715 4.9%7,121,910,600 215,776 76.5% 103,491,653 3,136 71.8% 5,899,906 2,880,813 11,786,978 4,478,478 103,353,709 11.40% 7.12% 38,982 351,163NeedhamNR/AAA28,886 44,549 107,5704.9% 7,730,432,400 267,619 86.9% 91,953,197 3,183 74.7% 3,380,269 3,457,338 14,149,983 6,184,718 115,201,498 12.28% 8.37% 20,251 409,031NewtonAaa/NR85,146 45,708 105,2894.6% 22,520,035,100 264,487 89.5% 221,718,814 2,604 50.7% 8,018,399 15,783,210 19,312,545 10,891,149 311,993,223 6.19% 8.55% 16,898 387,798NorwellNR/AAA10,506 37,222 96,7716.0% 2,614,682,100 248,875 83.7% 22,515,282 2,143 82.5% 1,359,573 2,165,141 7,223,465 2,734,240 42,110,478 17.15% 11.63% 17,985 781,325SherbornAa1/AAA4,119 58,055 136,2113.8% 1,209,091,300 293,540 95.4% 9,990,000 2,425 87.9% 1,109,546 514,239 2,815,740 (1) 1,549,398 (1) 21,627,346 (1) 13.02% 9.54% 43,373 804,066SudburyAa1/AAA17,659 53,285 130,3995.2% 4,256,033,800 241,012 92.9% 34,180,000 1,936 87.6% 249,418 1,910,113 9,375,050 1,236,002 80,624,767 11.63% 3.90% 20,789 1,123,990WaylandAaa/NR12,994 52,717 113,6714.5% 3,288,024,700 253,042 94.9% 78,269,366 6,024 57.0% 8,536,596 1,526,907 14,331,315 10,548,522 62,046,850 23.10% 19.46% 20,778 739,382WellesleyAaa/AAA27,982 52,866 134,7694.3% 10,032,866,400 358,547 88.5% 123,079,506 4,399 64.0% 9,471,751 3,022,255 17,370,611 12,366,774 121,416,899 14.31% 12.67% 30,988 131,573WestonAaa/AAA11,261 79,640 181,0413.8% 5,797,438,800 514,825 95.4% 67,690,004 6,011 78.3% 4,255,473 - 9,494,380 5,116,476 73,233,244 12.96% 6.99% 2,930,716 11,963,247WinchesterAaa/AAA21,374 50,414 110,2265.0% 5,775,099,500 270,193 94.5% 79,326,273 3,711 67.3% 5,761,181 8,190,784 11,619,011 7,398,799 82,585,138 14.07% 18.88% 42,921 349,679Nantucket's Rank out of 27 23 25 25 1 2 1 15 26 27 24 19 8 9 9 16 5 5 11 17(1) Extracted from fiscal 2010 draft financial statements.(2) Extracted from fiscal 2009 audited financial statements.(3) Comparison excludes Boston and Cambridge. $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 Per Capita IncomeNantucket vs. MAAAA Rated Communities2000 Per Capita Income$0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 Median Family IncomeNantucket vs. MA AAA Rated Communities 2000 Median Family Income0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%Unemployment RateNantucketvs. MA AAARated CommunitiesAugust 2011 Unemployment Rate $0 $25 $50 $75 $100 $125 $150 $175 $200 $225 G.O. Bonds Outstanding as of June 30, 2011 (Millions)Nantucket vs. MA AAA Rated CommunitiesGeneral Obligation Bonded Debt Outstandingas of June 30, 2011$0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 Bonded Debt Per Capita Nantucket vs. MA AAARated CommunitiesBonded Debt Per Capita90%100%Nantucket vs. MA AAA Rated CommunitiesCumulative % of Principal Retired in 10 Years0%10%20%30%40%50%60%70%80%% of Principal Retired in 10 Years $0$5$10$15$20$252010 EQV (Billions)Nantucket vs. MA AAA Rated Communities2010 Equalized Valuation$0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Per Capita EQVNantucket vs. MA AAA Rated CommunitiesPer Capita EQVNantucketvs MAAAARatedCommunities0%20%40%60%80%100%Residential AV as a % of Total AV FY 11Nantucket vs. MAAAA RatedCommunitiesFY 11 Residential Assessed Valuation as a % of Total FY 11 Assessed Valuation $0 $2 $4 $6 $8 $10 $12 Free Cash (Millions)Nantucket vs. MA AAA Rated Communities7/1/10 Free Cash$0 $2 $4 $6 $8 $10 $12 $14 $16 Stabilization Fund Balancein FY 10 (Millions)Nantucket vs. MA AAARated Communities6/30/10 Stabilization Fund Balance$0$5$10$15$20$25Total Fund Balance (Millions)Nantucket vs. MAAAARated CommunitiesFY 10 Total Fund Balance$0$3$6$9$12$15Undesignated General Fund Balance (Millions)Nantucket vs. MA AAA Rated CommunitiesFY 10 Undesignated General Fund Balance*Hingham's Total Fund Balance, Undesignated Fund Balance and Revenues are from fiscal 2009.*Acton and Sherborn's Total Fund Balance, Undesignated Fund Balance and Revenues are from draft fiscal 2010 financial statements.$0 $50 $100 $150 $200 $250 $300 $350 Total Revenues(Millions)Nantucket vs. MA AAARated CommunitiesFY 10Total Revenues 0%5%10%15%20%25%Total Fund Balance as a % of RevenueNantucket vs. MA AAARated CommunitiesTotal Fund Balance as a % of Revenue20%% of Nantucket vs. MA AAA Rated CommunitiesUndesignated and Stabilization Fund Balance as a % of Revenue*Hingham's Total Fund Balance, Undesignated Fund Balance and Revenues are from fiscal 2009.*Acton and Sherborn's Total Fund Balance, Undesignated Fund Balance and Revenues are from draft fiscal 2010 financial statements.0%2%4%6%8%10%12%14%16%18%Undesignated and Stabilization Fund Balance as a %Revenue $0.0$0.5$1.0$1.5$2.0$2.5$3.0FY 2011 Excess Levy Capacity (Millions)Nantucket vs. MA AAA Rated Communities FY 2011 Excess Lower Levy Limit CapacityNantucket vs. MA AAA Rated Communities $0$3$6$9$12Cumulative Excess Levy Capacityfor the past 10 years (Millions)Cumulative Excess Lower Levy Limit Capacity for the past 10 years 30,000 40,000 50,000 60,000 70,000 80,000 90,000 PopulationNantucket vs. MA AAARated Communities2010 Census Population0 10,000 20,000 Communities From:Libby Gibson To:Richard Ray Cc:Kara Buzanoski; Gregg Tivnan; Erika Mooney; Bob DeCosta; Michael Kopko; "Patty Roggeveen"; "Rick Atherton (rickatherton@comcast.net)"; Whitey Willauer Subject:Sewer Date:Monday, November 28, 2011 3:40:22 PM As discussed this morning, there is an outstanding issue regarding the BOH mandatory sewer connection regulation. You have forwarded us a proposed fee schedule for those who connect from septic systems which were installed within a certain period of time of the sewer connection. We discussed the fact that that really should not be a BOH fee, that should be a Board of Public Works/Sewer Commissioners fee. Really, the BOH regulation doesn't have anything to do with septic systems, just mandatory sewer connections when sewer becomes available. So, please provide us an update on how & when the BOH will enforce the regulation. I believe you previously said that would be done once the septic loan repair program was underway. Which, it is now. Can you pls get something to me by 12/7 for the 12/14 BOS meeting? C. Elizabeth Gibson Town Manager Town of Nantucket (508) 228-7255 To: Board of Selectmen – Town of Nantucket From: Richard Ray – Interim Director – Dept of Code Enforcement and Inspectional Services Date: December 6, 2011 Re: Review of proposed graduated fees associated with mandatory connections to municipal sewer & update on mandatory connections Dear Board Members, Please find enclosed a copy of the proposed amendments to Board of Health Regulations 69,03 Required Connection Time Frame Subsection C (amendments in green) which outlines a graduated fee schedule dependent upon the installation dates of previously installed in ground septic systems. This amendment allows for a sliding scale reduction in sewer connection fees based on the age of the existing septic systems on the properties now mandated to connect to municipal sewer. During the vetting process associated with the proposed amendment, concerns were raised that the fee adjustments, which were the subject of the amendment, might be more appropriately placed within the Department of Public Work’s existing fee schedule or laid aside in favor of maintaining the existing fee schedule which offers no discount for properties with septic systems installed within the last seven years. Prior to the Nantucket Board of Health’s hearing process associated with the amendments to its existing regulations, it has become critical that the Board of Health be aware of the Board of Selectmen/Board of Public Works position on the importance of the sliding scales inclusion within the Board of Public Works existing fee schedule, inclusion within the proposed Board of Health Regulation changes, or laying aside the proposed amendments’ and maintaining the existing connection fee schedule as established by the town. At this time I would offer no recommendation for either Board and would acquiesce to the Board of Public Works/Board of Selectmen’s decision prior to bringing these amendments to the Board of Health. ADDENDUM In a related matter, there are now 23 properties with addresses on the Monomoy Road which are capable of connecting to the Monomoy Municipal Sewer which have not as yet connected, and an additional 3 properties in the Pine Valley Subdivision capable of connecting to existing sewer lines. As you are aware, this office has withheld mandatory connection orders for both areas until the loan monies from the State’s Wastewater Abatement Fund were available to homeowners. Whereas those monies are now available in the form of 2% loans to homeowners who must now connect to municipal sewer, the Health Department is actively mailing mandatory connection orders to these property owners. The loan monies will NOT pay for connection fees but will pay for any changes to plumbing within the dwelling or on the property to effect appropriate connections to the sanitary sewer. TOWN OF NANTUCKET BOARD OF HEALTH REGULATIONS CONNECTIONS TO NEW AND EXISTING PUBLICLY OWNED SANITARY SEWER LINES LOCAL REGULATIONS 69.00 Purpose: The intent of these regulations is to further protect all existing and potential ground water, surface waters, harbors and estuaries on Nantucket Island from contamination from septic system failure. Authority: These Regulations are promulgated by the Board of Health of the Town of Nantucket pursuant to its authority under Chapter 111, Section 31 of the Massachusetts General laws. 69.01 Definition A. Owner: Any person named within a deed on file with the Nantucket Registry of Deeds as the legal and rightful owner of a residential or commercial property subject to these Regulations. B. Person: Any individual, association, group, business, proprietor, partnership, corporation, firm, trust, or unit of government. C. Residential or commercial property: any combination of land or buildings used for human habitation or the operation of a business engaged in the manufacture or sales of goods and or services. D. Septic System: Any subsurface sewage disposal system that includes both a holding tank and a leach facility or a cesspool. 69.02 Connections to Town sanitary sewer system required A. Owners of residential or commercial properties located on the Island of Nantucket shall connect the structures located on their property by a connection in accordance with existing building and public works requirements to any sanitary sewer line installed or approved by the town of Nantucket Department of Public Works under any street that abuts the subject property. 69.03 Required connection time frame A. Connections to sanitary sewers shall be completed within two years of notice of the availability of the line for connection. B. In environmentally sensitive areas as defined by the Nantucket Board of Health where new sewer lines are available for connection pursuant to 69.02, the property owners shall complete the required connection(s) within six (6) months of notice from the Nantucket Department of Public Works Board of Health, weather permitting, but in no case in more than one (1) year of said notice. C. On property where an in-ground septic system has been installed within the previous seven (7) years from the date of issuance of the installation permit, the sanitary sewer connection fee levied by the Town of Nantucket may be waived according the following table; Installation permit issued; 12 months previous to amended date of these regulations – connection fee waived 24 months previous to amended date of these regulations– 90% of the connection fee waived. 36 months previous to amended date of these regulations – 70% of the connection fee waived. 60 months previous to amended date of these regulations – 50% of the connection fee waived 84 months previous to amended date of these regulations – 25% of the connection fee waived D. The Board of Health may extend the time periods for required connections set forth in section 69.03A or 69.03B in the event of an incapacity of the Surfside Waste Water Treatment Facility to handle additional flowage. 69.04 Permitting and notification A. The Nantucket Department of Public Works shall notify the Nantucket Health Department upon the completion of each Connection. 69.05 Variance A. The Nantucket Board of Health may vary the application of any provision of these regulations, unless otherwise prohibited by state law or regulation, in any case, when, in the opinion of the Board of Health, lot size restrictions or hydrogeological conditions make enforcement of the provisions impractical or the owner has demonstrated a degree of environmental protection equivalent to that required under these regulations. The Board of Health also may vary the application of any provision of these regulations in any case when, in the opinion of the Board of Health, enforcement will do manifest injustice to the property or its Owner. B. No variance shall be granted for environmentally sensitive areas or areas defined by the Nantucket Board of Health as ground water or harbor and water bodies protection districts. C. Variances shall be considered for on-site disposal systems installed five (5) years or less before a sanitary sewer is installed or completed. Example: if an on site disposal system installed (2) years before a sewer line is installed or completed, a three (3) year variance may be granted. D. Every request for a variance shall be in writing to the Nantucket Board of Health and be subject to a hearing before the Board of Health. D-1. The owner of the subject property shall, at their expense, notify all abutters by certified mail at least ten days prior to the public hearing, and is responsible for payment of advertisement. E. Any variance granted by the Board of Health shall be in writing. F. Any denial of variance by the Board of health shall also be in writing and shall contain a statement of reasons for the denial. 69.06 Right of Entry. A. The Nantucket Board of Health or its agent may enter upon privately owned property with reasonable notice and at reasonable hours for the purpose of ensuring compliance with these Regulations. 69.07 Enforcement. A. Any person violating any portion of these Regulations shall be punished be a fine of not more than 0ne hundred dollars ($100). Each day, or portion thereof, shall be constituted as a separate Offence. A-1. If a violator holds any license and or permit issued by the Nantucket Board of Health, said license and or permit may be suspended for up to twenty four hours for each violation. If more than one provision of these regulations is violated, each violation shall constitute a separate offense. Each day shall constitute a separate violation. 69.08 Severability. A. In the event that any provision of these regulations is declared invalid or unenforceable for any reason, all other provisions will be unaffected and shall remain in full force and effect. Adopted: May 7, 2003 Chairman – Finn Murphy Frank Spriggs Timothy Soverino Matthew Fee Bruce Watts Dear property owner As you may be aware, the Nantucket Health Department has been a participating partner in efforts to remediate water quality in Nantucket Harbor. The scientific discovery process associated with this effort has delineated nutrient loading from in ground septic systems as a major contributor to the degradation of water quality within the harbor water body and as such, the Town of Nantucket has found it desirable to have these systems repaired or removed from within the Harbor Watershed Protection District. To facilitate this activity, the Town of Nantucket has extended municipal sewer lines into areas abutting Monomoy Road. With this correspondence, and pursuant to Local Board of Health Regulation 69.00 - Connections to New and Existing Publically Owned Sanitary Sewer Lines, the Town of Nantucket’s Health Department now mandates that your property, which abuts municipal sewer, now be connected to said municipal sewer within six (6)months (weather permitting) of receipt of this correspondence. In an effort to assist in this connection process, the Board of Health has received funding from the Massachusetts Wastewater Abatement Trust Fund which will be offered to homeowners at a 2% interest rate repayable over 20 years to the Town as a betterment paid thru the property’s tax billing process. These funds will NOT cover connection fees or privilege fees if applicable, but will cover all costs associated with changes to the in home plumbing system required to connect to the municipal sewer including the waste line from the dwelling to the municipal sewer line. For additional information concerning this funding source, please contact the Nantucket Health Department at 508 228 7226 or visit the department’s page at the Town of Nantucket’s web site. Harbor Plan Implementation Committee Update to the Board of the Selectman December 2011 Meeting, on average, twice a month for the past 4 years, the HPIC has reviewed the 122 action items listed in the Nantucket and Madaket Harbors Action Plan and evaluated each item as to priority ranking, percent accomplished, time to completion, and whether they were still pertinent to the goals of the plan. Various town agencies, committees and advisory groups and others (DPW, Land Bank, ROW, BMAC, Beach Manager, Department of Health, Planning Department, Conservation Commission staff, and MCRD) have met with the HPIC to discuss cost, feasibility, applicability and timeline for each item in the plan assigned to their jurisdiction. The majority of items that can be addressed and implemented within the town’s fiscal constraints have been. The Town of Nantucket’s Board of Selectmen and Town Administration have supported the launch of several initiatives identified in the plan via various town committees and advisory boards. These include the creation of a Shellfish Management Plan, which is well underway with a draft plan coming out in January for public review. In 2010, the HPIC brought forward a warrant article for regulation and oversight of fertilizer use on island; and as a result, the Article 68 workgroup was formed to perfect the language, implement a Best Management Practices approach in addition to any regulations and/or bylaws, coordinate with local landscapers and other interested citizens, and develop educational material. The Mosquito Control Committee, creation of a citizen Board of Health, and the Water Quality Management Plan, are all action items listed in the Harbor Plan that are currently being addressed. The Marine and Coastal Resources department has followed up on most of the items in the plan from implementing a data clearinghouse online related to water quality research to further standardizing and making electronically available mooring permits to evaluating aquaculture permits. The Harbor and Shellfish Advisory Board has also been instrumental in advocating and assisting in pressing forward with many recommendations in the plan. The HPIC has forwarded several memos relative to items that have come before the board including recommending that the computer model simulations recommended in the Nantucket Harbor Estuaries report be run for scenarios recommended by the MCRD and Health Department. Currently, the use of the Land Bank’s property at Petrel Landing and the role development of Wilkes Square will play in the enjoyment and support of the waterfront nature of the island are items of concern to the HPIC. In addition, for the past year, the HPIC has investigated the cost, established the copyright permissions, and developed a plan to write and produce the “Blue Pages” a “Guide to Protecting Nantucket’s Waters” which will fulfill many of the educational recommendation in the plan. Currently the HPIC is soliciting donations as requested in our memo sent earlier this year and has assigned chapters to various groups and to our members in order to help produce this vital and effective document for the Town of Nantucket at little to no cost to the Town by May 2011. Submitted by Sarah Oktay, Chair of HPIC on December 13th, 2011. Harbor Plan Implementation Committee Progress Report December 14th, 2011Committee members (reconstituted summer 2010): Chair: Sarah Oktay, Ph.D. (AL);Vice-Chair: Leslie Johnson (AL)Members: Peter Boyce, Ph.D. (HSAB), Bam LaFarge (HSAB), Doug Smith (HSAB), Carl Sjolund (AL), Whitey Willauer (AL), and Diane Coombs (AL)BOS Liaison: Bobby DeCosta Loyal public: Lee Saperstein; Ken Brasfield, Peter Brace, Ian Golding Action Items from Updated Harbors plan put into a matrix/table of 122 recommendations, some from the 1993 plan and carried over into 2007 update; some new Sections: Plan Implementation, Natural Resources; Water Quality; Commercial and Recreational Fishing; Public Access; Docks, Wharves, and Piers; Commercial Waterfront; Harbor Operations, Safety, Navigation and Moorings; Oil Spill Response; and Tourism and Recreation Past 2 years; update list; check with agencies tasked with action items and assist as needed.Process Prioritizing Each action item is ranked as to priority or need, inception date (including ongoing action items already in progress) and estimated time for completion. Ranking system: Previous matrix: red, orange, yellow, green. NEW: High Priority, Medium Priority, Low Priority Time to complete: 1-5 years Estimated cost: used committee consensus Start time: From immediate to within 5 years Lead agency & other involved agencies identified; evaluated and tabulated as to total “responsibilities” in order to share duties Progress Completed first round of prioritizations in Feb 2009 (Final report given to BOS). State approved plan in December 2008. Last Progress report May 2010; Committee reconstituted in summer 2010. Action Items: > 90% of action items already addressed by BOS/TON departments and agencies and in various stages of completion (Previously at > 50%). Met with most of the assigned town groups to review action items; get advice on whether to change or adapt them; and level of completion Current level of completion (average of all items) = 63 % (previously approximately 45 %) Establishing list of possible funding sources including a substitutable charge/fine for Ch. 91 related building and/or access Related plans and committees Shellfish Management Plan; close to releasing public draft plan CMP: State OMP plan done: Marine Dept. working on local CMP Article 68 Workgroup Mosquito Control Group Water Quality Management Plan (with Pond water quality management component) Update Average % of each task that has been accomplished = 63% Total estimated cost (over 5 years) = $2,275,500 (smaller projects ) + 21 million (stormwater outfall + NMC) % prioritized as High = 30% High (Red) Priorities 38 “High Priority” listed items -19 completed (2010) 19 remaining: Current High Priorities- of those, more than half are underway or under evaluation Eelgrass Protection and restoration Mark Storm drains that discharge into harbor; Fit them with quickly deployable covers in case of land based oil spills Evaluate Harmful Algae Bloom risk to shellfish populations Develop brochure: no dumping of pollutants in harbor + fines Install Multilingual signage for mercury warning regarding fish consumption at ponds and shellfish closures Integrated Pest Management Plans: (Park and Rec and Schools); Parent/Public education Current High Priorities - continued Shellfish Management Plan Continue construction of stormwater priority sections Strengthen/implement stormwater and dewatering bylaws Review/evaluate Chapter 91 docks/pier compliance “Carrying Capacity” of harbor (Boats/Users) Coordinate current efforts of quantifying new mooring systems and their remediation of eelgrass loss & compile/request updated state research on eelgrass resources Investigate Feasibility of Emergency dock outside of jetties Develop and provide Haul out process in writing Implementation Matrix Currently Obtaining Funding and writing up chapters for Blue Pages Following up on other educational efforts Schedule last meetings with Town departments and meet with new DPW head Public Meeting info Held 2nd and 4th Thursday of the month at 2 Faregrounds conference room; starting in November 2011 meet once a week while completing “Blue Pages” Minutes/Agendas on TON Web site Additional information at www.nantucketharborplan.com index color start year costtime to complete*% done LEAD* = 5.0 if ongoing comment5 medium 5.00.0ongoing0%BOS5.0scientific advisory committee + eliminate or BOH only24 medium 1.0$20,0005.050%ConCom5.0printing/creation of "blue pages"34 medium 2.55-10K year model run costsongoing 50%MCRD5.0implement estuaries project recc40 medium 3.0 sunk + volunteers ongoing 10%UMB-NFS5.0percolation rate and groundwater travel times54 medium 2.0sunkongoing20%BOS5.0adopt EP recc as bylaws56 medium 2.0 sunk 2.0 30%MCRD2.0adopt CZM BMP for Clean Marina into bylaws (compare both)62 medium 2.0$50,000530%BOS5.0periodic dredging and WQ eval109 medium 2.0 sunk 1.0 30%HDC1.0ID historic assets along the waterfront on both harbors+ check with HDC118 medium <1.0sunk1100%MCRD1.0put mooring waiting list on website131 medium 2.0 $200,000 5.0 30%MCRD5.0repair/raise jetties- evaluating133 medium 2.0 $2,000.00 5.0 20%MCRD5.0harbor bathymetry25 high 1.0sunk or $2K2.030%DPW2.0mark storm drains55 high 1.0 sunk1.0100%BOS1.0√ admin; incorp this doc into BOS goals57 high 1.0< $5001.020%HD1.0multilingual fish warnings at ponds119 high 2.0sunk or 5 K grant 50%MCRD5.0carrying capacity of harbor (BOATS/USERS)138 high 2.0sunk + fed/state 5.0 70%BOS5.0emergency dock outside of jetties/MCRD not sure we need this156 high 1.0$5,000.00 1.0 30%OSC1.0prevent oil spills from reaching harbor157 high 1.0sunk1.020%DPW1.0stencil storm drains + rubber covers13 low 5.00.0ongoing40%ConCom5.0inventory & map critical areas for harbor in relationship to open space22 low 1.010 K per year5.050%MCRD5.0WQ data clearing house on MCRD + Health Department website30 low 2.0sunk and folded into above5 10%MCRD5.0car related WQ education; distribution through RMV, Blue Pages, etc.36 low 1.0 20-30K 4.0 30%SHAB4.0WQMP46 low 2.0sunk/ aquaculture licensees2.0 30%MCRD2.0monitor WQ changes as a result of aquaculture51 low 4.0 sunk ongoing 40%BOS5.0PB to develop harbor health related zoning laws102 & 103 low 3.0 sunk 1.0 50%MCRD1.0protocol or criteria for dock repair111 low 1.0sunk5.010%BOS5.0relocate fuel tanks if needed134 low 2.0 sunk + volunteers ongoing 40%MCRD5.0identify lighting voilations and enforce lighting laws137 low 3.0 $100,000-$200,000 5.010%MCRD5.0secure permits and funding for dredging140 low 4.0 sunk ongoing 30%MCRD5.0investigate options for second boat ramp 47 medium 3.0 sunk ongoing 80%SHAB5.0ID and coordinate WQ studies relative to shellfish (SMP)49 high 1.0sunk1.010%BOS1.0IPM; inform parents of Children Prot. Act37 low 2.010-12 million5.010%NSA5.0Marine Collaborative44 low 2.0 $5,000 4.0 + ongoing 70%MCRD5.0data clearinghouse - online/underway45 low 2.0$2,5002.040%UMB-NFS2.0fecal monitoring and source ID95 low 5.0 $10,000-$20,000 ongoing20%ROWC5.0harbor walk59 high 2.0 $10 million ongoing 15%BOS5.0Stormwater outfall (construct)10 medium 1.0 0.0 ongoing 30%IPSC5.0manage invasive species including aquatic12 medium 1.00.0ongoing30%MMST5.0Marine Mammal Public Education21 medium 1.0 sunk 3.0 20%NPS3.0school curriculum on WQ/Harbor33 medium 2.020K/yearongoing30%NCL5.0use TV for WQ/Harbor education35 medium 2.0 sunk ongoing 50%MCRD5.0WA monitoring funding + funding for 2nd Town Biologist38 medium 3.010000ongoing50%Shellfish Biologist5.0evaluate habitat quality via benthic creatures and eelgrass index color start year costtime to complete*% done LEAD* = 5.0 if ongoingcomment60 medium 1.0$10,000550%MCRD5.0Pond Management Plan89 medium 2.0 $3,000 5 70%MCRD5.0signage at PA points26 high 1.0$2 K3.0 years50%MCRD3.0brochure/no dumping + fines (put in Bluepages)50 high 1.0sunk1.050%BOS1.0√ fertilizer warrant article61 low 2.0 sunk ongoing 40%HD5.0investigate feasibility of reducing avian nuisances110 low 1.0sunkongoing50%PB5.0promote marine events- Maritime Festival23 medium 1.0sunk3.080%NLC3.0seek funding to produce Blue pages8 high 3.0 sunk + grants ongoing50%MCRD5.0eelgrass protection and restoration48 high 1.0 sunk (1-5 K/yr)) ongoing 50%Shellfish Biologist5.0HAB analysis : benthic and WC43 low 3.0 $5,000 ongoing 25%MCRD5.0evaluate modeling results and incorporate into WQMP/every 3 years42 medium 1.0sunk3.030%UMB-NFS & NLC3.0citizen science + Groundwater monitoring108 medium 2.0 sunk 1.0 30%ROWC1.0identify scenic views77 & 83 high 1.0 20-50 K 2.0 80%MCRD2.0Shellfish Management Plan9 low 1.0 sunk + volunteers ongoing 80%NBI5.0support/enhance NBI41 low 3.0 $2,000 ongoing 30%MCRD5.0actively monitor algae speces assoc. w/ nutrients53 high 1.0sunk1.040%BOS1.0storm drain and dewatering bylaws132 low 3.0 $$ 5.0 40%BOS5.0relocate tank farm/ MCRD suggests remove from HP3 medium 2.00.0ongoing50%ConCom5.0stormwater bylaws4 medium 1.0 fee based ongoing 100%BOS5.0provide legal assistance to ConCom11 medium 1.0 0.0 ongoing 60%MCRD5.0invasive crabs (cull and inventory)29 medium 1.0sunkongoing50%MCRD5.0provide boat owners WQ info/no discharge; with mooring permits91 medium 3.0 sunk ongoing 70%MCRD5.0improve boating access96 medium 2.0 $10 K per year ongoing75%PB5.0legally record PA points97 medium 1.0sunkongoing50%ROWC5.0identify views and visual access pts136 medium 2.0sunk2.090%MCRD2.0no wake zone signage/map6 high 3.0 0.0 ongoing 50%ConCom5.0develop more CC bylaws58 high 1.0 < $500 1.0 50%HD1.0shellfish closures multilingual posts129 high 1.0sunk + yearly $ongoing60%MCRD5.0investigate new mooring systems & eelgrass130 high 2.0sunk + permit $ongoing 70%MCRD5.0compile eelgrass/mooring research index color start year costtime to complete*% done LEAD* = 5.0 if ongoingcomment2 low 1.00.0ongoing80%ConCom5.0ConCom updates31 low 2.0 sunk + fines ongoing 50%DPW5.0littering/trash on beaches32 low 2.0 sunk ongoing 50%HD5.0discourage feeding of ducks/educate public135 low 1.0 sunk 2.0 50%MCRD2.0adopt lighting controls related to Harbor155 low 1.5sunk1.550%OSC1.5educate boaters regarding oil spill material28 medium 1.0sunk and folded into aboveongoing70%NLC5.0BMP fertilizers and lawn care/ multiple educatin159 medium 1.0 sunk ongoing 70%MCRD5.0public service facilities at docks/waterfront- Madaket underserved!100 high 2.0 sunk ongoing 75%MCRD5.0check ch 91 docks80 medium 3.0sunk; private & state fundsongoing 80%BOS5.0expand waterfront access for fishing support- e.g. Petrel landing84 medium 2.0 sunk/grants 5 80%MCRD5.0investigate dinghy storage at high use areas90 medium 2.0sunkongoing80%ROWC5.0inventory and map potential new PA points82 low 1.0sunk590%BOS5.0increase shoreside infrastructure7 low 1.00.0ongoing90%TON GIS5.0map critical resource and oepn space around island123 low 3.0sunkongoing100%MCRD5.0cruise ships- evaluate impacts101 NA NANANA100%ConCom0.0review legal status of private docks in que to build27 medium 1.0sunkongoing90%UMBFS5.0public forums on Harbor topics124 medium 1.0 sunk done 100%MCRD0.0establish a per person disembark fee for cruise ships125 medium <1.0sunkdone100%MCRD0.0no anchoring of lg. vessels past 1st pt.126 medium <1.0sunkdone100%MCRD0.0large ships must establish and maintain low impact anchorage127 medium <1.0sunkdone100%MCRD0.0mooring grid128 medium <1.0 sunk done 100%MCRD0.0anchorage plan52 high 1.0 sunkongoing100%BOS5.0√ town fert and pesticide 99 high 1.0 sunkdone100%PB0.0√ dock and pier Warrant article104 high 1.0sunkComplete 100%BOS0.0√ HOD105 high 1.0 sunkComplete 100%BOS0.0√HOD & water dependent uses106 high 1.0 sunkComplete 100%BOS0.0√ HOD prohibitions117 high 1.0 sunkdone100%MCRD0.0√ mooring permits waiting list120 high <1.0 sunkdone100%MCRD0.0√ 2100 vessel cap121 high <1.0sunkdone100%MCRD0.0√ determine max per owner122 high 1.0sunkdone100%MCRD0.0√ match owner name to permit139 high 1.0 sunkongoing100%BOS5.0√maintain or improve haul-out capacity152 high 1.0sunk1.0100%NP&EDC1.0√ Identify Oil Spill Response Coordinator153 high 1.0sunk1.0100%MCRD1.0√ Mandate larger boats have Oil Spill Plan39 low 1.0 funded internally ongoing100%NBI5.0biodiversity studies142 low 1.0sunkdone100%BOS0.0jet ski rental ban151 high 1.0 sunk1.0100%NP&EDC1.0√ Review and update Oil Spill response Plan141 high 1.0 sunk1.050%MCRD1.0haul out process in writing78 medium 2.01) sunk; grants & fees 2) 12 Million5.0 1) 100% 2) 10%1) MCRD 2) NSA5.0NMC (private + fed.state $$)93 low 1.0 sunk done 100% + ongoingBOS/OBB0.0One Big Beach94 medium <1.0 sunk ongoing 100% + ongoingConCom5.0Chapter 9186 & 87 high 2.0 sunk ongoing 100% + ongoingMCRD5.0√ VIP inventory, map, maintain PA92 high <1.0 sunk ongoing 100% + ongoingPB5.0√ PA easements154 low 2.0 $5,000.00 2.0 100% + ongoingOSC2.0oil spill clean up materials88 medium 2.05,0002.0 years100% needs reviewMCRD2.0guide to PA points107 NA NA NA NA NABOS0.0aintaining waterfront usage79 medium 1.0sunk/grantsongoing 100% + ongoingMCRD5.0fisheries development funds158 medium 1.0sunk1.0 100% + ongoingConCom1.0amend bylaws to minimize non point soure pollution81 low or low 3.0sunk; private & state fundsongoing 100% + ongoingSHAB5.0expand docks and moorning for shellfishing as neededaverage % of each task that has been accomplished 63% % prioritized as high = 30%total estimated cost (over 5 years) = 2,275,500 (smaller projects ) + 21 million (stormwater outfall + NMC) Harbor Plan Implementation MatrixNatural ResourcesIndex Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATIONStarting yearPriority Est. CostEst Time to complete% done2 76 NatResObj 1Recc. 1ConCom*, Police & Env. Police, MCRDConComConCom regulation changes 2008Educate public on ConCom role, jurisdiction, and limitations. Include info in green pages and "Blue Pages"1) Continue enforcement of existing local and state wetland bylaws; insure that Police. MCRD, and Env. Polic are all aware of their jurisdiction 2) ConCom regulations regular review 3) Info on the ConCom should be in the "Blue Pages" and the phone book1.0 Yellow sunk ongoing 50%3 76 NatResObj 1Recc. 2BOS, ConCom*, MCRD, DPW, PBConCom On-goingneed to devlop stormwater bylaw still1) TON: Adopt a stormwater bylaw. 2) ComCom: increase no-build and no-disturbance buffer zones when possible 3) Ensure that physical improvements in support of recreational use around wetlands resources do not impact those resources by increasing usage beyond the carrying capacity of the area.2.0 Orange sunk ongoing 50%4 77 NatResObj 1Recc. 3BOS, ConCom BOScurrently TC is used for ConCom reviewExpertise needed may sometimes be beyond Town Counsel's expertiseAssure that legal assistance is available to the Conservation Commission for enforcement of the town wetlands bylaws 1.0 OrangeFee based?ongoing 50%5 77 NatResObj. 2Recc. 1BOS*; ConCom; MCRD; PB; BOH, NPEDC, etc.BOSEstablish a scientific/technical advisory committee to assist boards, commissions, and committees to review and interpret scientific and engineering data and recommend management options supported by these reviews.5.0 Orange sunk ongoing 0%6 77 NatResObj. 2Recc. 2ConCom* ConComConCom jurisdiction is permit driven; need more proactive effortsDevelop and Implement environmental protection bylaws when possible3.0 Red sunk ongoing 50%7 78 NatResObj 3Recc. 1TON GIS*, NCF, LB TON GISThis inventory is completed and updated using GIS.Results need to be communicated to decision makers and plannersinventory and map critical resource and open space areas around Nantucket and Madaket Harbors.1.0 Yellow sunk ongoing 90%8 78 NatResObj 4 Recc. 1MCRD*; SHAB; NSA; ConCom; etc.MCRDShellfish Biologist currently doing eelgrass inventory and researchseveral years of state eelgrass mapping; GHYC ConCom permit requires eelgrass evaluation and record of habitat response to mooring gear changesDevelop and implement mechanisms to conserve, protect, and restore eelgrass in coordination with the Shellfish Management Plan. Associated issues/regulations" moorings, draft of boats, docks, piers, dredging3.0 Redsunk + GHYC yearly input + grants?ongoing 25%9 79 NatResObj 5Recc. 1NBI members NBI Support and enhance the Nantucket Biodiversity Initiative.1.0 Yellowsunk + volunteersongoing 30%10 79 NatResObj 5Recc. 2ConCom*; MCRD; IPSC* (part of NBI)IPSC ongoingExtensive effort by NCF, LB, and Mass AudubonManage and eradicate invasive species, including macroalgal species in the harbors and terrestrial and wetland species along the harbors’ shores.1.0 Orange sunk ongoing 20% 11 79 NatResObj. 5Recc. 3MCRD + fishing community, studentsMCRDContinue the existing culling program of green and asian crabs. Implement bounty?1.0 Orange sunk ongoing 50%12 80 NatResObj. 6Recc. 1Nantucket Marine Mammal Stranding Team*NMMSTNew website (need link on TON websiteMarine Mammal Public Education1.0 Orange sunk ongoing 20%13 78 NatResConCom*; MCRD; BOS; Resource-related non-profit groupsConComOne inventory completed, deserves further attentionThe Nantucket Watershed group developed maps, but they are not used by town boards and commissions.See Objective III, Recommendation 1 of this section Use for CMP?5.0 Yellow sunk ongoing 0%NatResOrg ID# tasksBOS2MCRD2ConCom4IPSC1TON GIS1NBI1MMST0Total12 Harbor Plan Implementation MatrixWater QualityIndex Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATIONStarting yearPriority CostEst Time to complete (yrs)% done21 80 WatQualObj 1Recc. 1NPS Admin, NNS, LHS, MMA, UMB-NFS, NLC, Etc.NPS ad hoc instructionHigh School did offer Marine ecology class; cut in 2008; ad hoc marine instructionDevelop school curricula on water quality protection and environmental awareness.Initiate fieldstudies and in-class science demonstrations.1.0 Orange sunk 3.0 20%22 80 WatQualObj 1Recc. 2MCRD, NLC, UMB-NFS MCRD On-goingStart immediately, populate with data over timeEstablish a link on the town website to a clearinghouse for water quality data and provide more information on the Department of Health's website.1.0 Yellow10 K per year5.0 0%23 80 WatQualObj 1Recc. 3MCRD, NLC, UMB-NFS NLCState agencies, REMAIN?, NCT, NCAcontact made with funding sources in 2007Seek funding to develop a "Guide to Protecting Nantucket's Waters" similar to the Martha's Vineyard publication.(Refered heretofore as Blue Pages)1.0 Orange sunk 3.0 25%24 81 WatQualObj. 1Recc. 4MCRD, NLC, UMB-NFS, ConComConComCombine with Obj 1 Recc. 3 aboveSome funding may be avaiable from state/regionProvide homeowners with a free copy of the Guide to Protecting Nantucket's Waters, along with a copy of all applicable regulations and rules to new homeowners. Make available online through TON website (use print costs for brochures below too)1.0 Orange $20,000 5.00%25 81 WatQualObj. 1Recc. 5DPW*; MCRD; HDC DPWSome funding may be available from state/regionMark all storm drains with red or yellow stencil scallops (or “dumping” in circle with line ) indicating direct input to harbor or indirect input to harbor (some treatment).1.0 Red sunk or $2K 2.00%26 81 WatQualObj 1Recc. 6ConCom; MCRD*; BOH; NLC; COCMCRD partial completionCombine with Obj. 1 Recc 9 below sign around harbor state no dumpingDevelop brochures describing prohibition of dumping of chemicals, waste products, sediment, fuel, oil, or other pollutants and the associated fines. (Include in Blue Pages) 1.0 Red $2 K 3.0 years 20%27 81 WatQualObj. 1Recc. 7UMB-NFS*; MCRD; MMA;BOH, NLC, NCL, NCA, etc.UMBFSCompleted & On-goingMCRD, DPW, and BOH presentations; forums on Water Quality and Estuaries Project sponsored by island NGOsOrganize public forums and symposia throughout the year on topics such as septic systems, landscaping, and organic gardening. 1.0 Orange sunk ongoing 100%28 81 WatQualObj. 1Recc. 8ConCom*; COC; BOH; NLC; Landscapers AssociationNLC IncompleteProvide homeowners and landscapers with BMP on fertilizing and lawn and plant care. Make pamphlets such as the Landscaper's Association handout & BOH/NLC pamphlet “Healthy Lawns and Landscapes” readily available (retail and public locations)1.0 Orangesunk and folded into aboveongoing 60%29 82 WatQualObj. 1Recc. 9MCRD*; Health Dept.; Marine-related businessesMCRDCompleted & On-going Information distributed to boats upon arrival. Handouts by the mooring company. Materials located at MCRD. Add to Blue pages and Phone book and send with mooring permitsProvide boat owners with information regarding water quality, the “No Discharge Area” regulations and services, and the use of low-impact cleaning agents. This information should be distributed when boat owners renew their mooring permits or schedule service.1.0 orange sunk ongoing 50%30 82 WatQualObj. 1Recc. 10COC, MCRD, NLC & other NGO's; SSA, RMV? MCRDNot sure this is posisble through RMVDistribute car related water quality impact pamphlets to car owners along with registration renewal information if possible or through blue pages, phone book and other venues (COC. Visitors Center, MCRD, etc.)2.0 Yellowsunk and folded into above50%31 82 WatQualObj. 1Recc. 11DPW, Park and Rec, Clean Team, BMAC, Beach ManagerDPW ongoingseek funding for DPW for thisEstablish and enforce new littering fines; post clearly. Provide more trash receptacles at area beaches and seek funding to maintain receptacles2.0 Yellow sunk + fines ongoing 50%32 82 WatQualObj. 1Recc. 12Health Dept Health Dept On-goingblue pages + phone book tooEducate year-round and summer residents about the dangers of bird droppings, including discouraging the feeding of ducks and the development of high vegetation buffer zones around ponds. Post signs advising against feeding birds. 2.0 Yellow sunk ongoing 50%33 82 WatQualObj. 1Recc. 13NCL, LLNC, MCRD; BOH; UMB-NFS; MMA; NLC Cons groups: Communication Comm. NCL ongoingPEG station funds? Radio, newspapers, phone book, etc.Utilize local TV and other media to educate the public about water quality issues.2.0 Orange 20K/year ongoing 20% 34 82 WatQualObj 1Recc. 14MCRD*; BOH; NLC, ConCom, BOS, NSA, SHABMCRDwaiting for final reportsmodeling costs expensiveEnsure that recommendations from the Estuaries Study are implemented.2.5 Orange5-10K year model run costsongoing 0%35 83 WatQualObj 2Recc. 1MCRD*; UMB-NFS; MMA, SHABMCRDTB position vacant FY 2010 hiring freezeSeek funding for increased monitoring in both harbors. Also seek funding to replace Town Biologist2.0 Orange sunk ongoing 20%36 83 WatQualObj. 2Recc. 2SHAB *; MCRD; Town Biologist; Health Department; ConCom; NLC; UMB-NFS, etc.SHAB Develop a comprehensive Water Quality Management Plan 1.0 Yellow 20-30K 4.00%37 83 WatQualObj 2Recc. 3MCRD; SHAB; NSA*; MMA, UMB-NFS etc.NSAPlanning complete; proposal preparedEstablish Nantucket Marine Collaborative2.0 Yellow 10-12 million 5.0 10%38 83 WatQualObj 2Recc. 4MCRD, Shellfish Biologist; MMA; SHAB,UMB-NFS, etc.Shellfish Biologisteelgrass census started summer 2008Adopt standardized and recognized sampling protocols. Evaluate habitat quality via periodic monitoring of eelgrass distribution and benthic organisms.3.0 Orange 10000 ongoing 20%39 83 WatQualObj 2Recc. 5NBI NBI NBI created grants offered yearlyUndertake studies of associated flora and fauna, as well as bird populations >> Nantucket Biodiversity Initiative1.0 Yellowfunded internallyongoing 100%40 84 WatQualObj 2Recc. 6ConCom; DPW/Sewer Comm. UMB-NFS; Water Company; NLC, etc.UMB-NFSestablish percolation rate protocols and groundwater travel times for Nantucket3.0 Orangesunk + volunteersongoing 0%41 84 WatQualObj. 2Recc. 7MCRD; MMA-EPA, UMB-NFS; MCRDongoing via EPA/MMAActively monitor changes in population of algae species associated with excess nutrient concentration such as Ulva lactuca (sea lettuce).3.0 Yellow $2,000 ongoing 30%42 84 WatQualObj 2Recc. 8NLC; MCRD; UMB-NFS, ConCom; Cons groupsUMB-NFS & NLCOn-goingTown reports published annually on website. MCRD, Health Dept; NLC, NCF, UMB-NFS all sampleUse current groundwater monitoring and sampling practices to create a island-wide citizen science effort to evaluate groundwater contaminants such as excess nutrients, bacteria, etc. 1.0 Orange sunk 3.0 30%43 84 WatQualObj 2Recc. 9MCRD* MCRD startedalso evaluated through Estuaries Project processEvaluate harbor modeling products every three years Incorporate results into the Water Quality Management Plan (WQMP).3.0 Yellow $5,000 ongoing 25%44 84 WatQualObj. 2Recc. 10MCRD*; UMB-NFS; SHAB, MMA; Health Department; etc.MCRD startedTown reports published annually on website.Create a data clearinghouse to provide access to maps, historical data, water quality info/advice for teachers, businesses, homeowners etc. A comprehensive database of past and ongoing research should be regularly updated and freely available.2.0 Yellow $5,0004.0 + ongoing10%45 84 WatQualObj. 2Recc. 11UMB-NFS*, MCRD; ConCom, Board of HealthUMB-NFSUMB-NFS obtained quotes from J. Brooks-Crozier (Roanoke College)changed from investigate methods to determine to implementationImplement a periodic program of fecal coliform Identification. Engage consulting company to use DNA and bacterial identifiers to distinguish between avian, human, and canine introduced fecal matter.2.0 Yellow $2,500 2.0 10%46 85 WatQualObj. 2Recc. 12MCRD* MCRD include in CMPhighest importance for non shellfish speciesEnsure that suitable monitoring is established to assess any environmental effects of aquaculture activities. 2.0 Yellowsunk or paid by aquaculture licensees2.0 0%47 85 WatQualObj. 2Recc. 13SHAB*; MCRD; TB/SB; NSA; HD; ConCom; NLC; UMB-NFS; MMA; etc.SHABEstablish research priorities and integrate existing studies on and off-island to quantify and evaluate the effects of water quality degradation on shellfish populations (see Water Quality Management Plan and Shellfish Management Plan).3.0 Orange sunk ongoing 10%48 85 WatQualObj. 2Recc. 14MCRD, Shellfish Biologist, SHABShellfish Biologistcurrently mussel sampling done (sent to state)Conduct yearly benthic and water column grab samples to evaluate presence or absence of cysts deposited from the Harmful Algal Bloom (HAB) outbreak in 2005 caused by the dinoflagellate Alexandrium tamarense.1.0 Redsunk (may need 1K/year)ongoing 25%49 85 WatQualObj. 3Recc. 1BOS*; ConCom; Park and Rec.; Institutions with IPM PlansBOSneed to work closely with school and park and rec; NPS has plans on file2007 ATM; non binding resolution passedInform parents of the Children’s Protection Act. Request IPM plans from Park and Recreation and Boys and Girls Club and require all schools to have IPM Plans (state law)1.0 Red sunk 110%50 86 WatQualObj. 3Recc. 2BOS*; HPIC; NLC; Landscapers Association; ConCom; BOSHPIC doing legal search of similar regs/laws in other towns and educating stakeholdersNew Bylaw in draft phase for submission to 2009 ATMAdopt warrant articles that can reduce or eliminate quick release fertilizers and excessive use of fertilizers within the harbors watershed protection districts. 1.0 Red sunk 120%incorporating this section of HP with protocol for updating and evaluating progress biannually. Establish timelines and funding sources. 51 86 WatQualObj. 3Recc. 3BOS*; PB, BOH; ConCom, BOSInstruct Planning Board to draft new Zoning Bylaws that protect harbor waters when possible. Use recommendations from the Comprehensive Wastewater Management Plan, the Septage Management Plan, and the Estuaries Project 4.0 Yellow sunk ongoing 0%52 86 WatQualObj. 3Recc. 4BOS*; ConCom BOSreview each year for compliancecheck with Diane Oneill for wording (submitted by HPIC and NLC in 2007)Ensure all town contracts for landscaping have IPM in place minimizing or eliminating pesticides & herbacides and only permit slow release, low nitrogen fertilizers1.0 Red sunk ongoing 100%53 86 WatQualObj. 3Recc. 5BOS*; PB; ConCom BOSpartially complete re: ConCom complianceStormwater pollution reductionEstablish a bylaw prohibiting dumping of pollutants in storm-drains. Include prohibitions against long term dewatering. 1.0 Red sunk 1.0 40%54 86 WatQualObj. 3Recc. 6BOS* BOSWhere applicable adopt recommendations from the Estuaries Reports as bylaws. 2.0 Orange sunk ongoing 0%55 86 WatQualObj. 3Recc. 7BOS*, HPIC BOSHPIC shjould send letter to remind BOS to update goals to conform with HPEnsure that goals as stated by the Board of Selectmen (2006-2007) regarding water quality, septic and storm water management are all updated to incorporate the recommendations included in this harbor plan.1.0 Red sunk 1.00%56 86 WatQualObj. 3Recc. 8MCRD*, BOS MCRDneed to review current bylaws versus CZMAdopt new bylaws that incorporate the Best Management Practices suggested in the Office of Coastal Zone Management’s Clean Marina Guidelines.2.0 Orange sunk 2.00%57 87 WatQualObj. 4Recc. 1Health Department*; MCRD HDMulti-lingual regulatory notices should be placed at ponds with fish consumption warnings issued (Miacomet, Gibbs, Sesachacha, Hummock, Long and Tom Nevers ponds). 1.0 Red < $500 1.00%58 87 WatQualObj. 4Recc. 2Health Department*;MCRD HDEnglish signs up and some SpanishCheck and maintain all regulatory notices related to shellfish closures; post multi-lingual signs1.0 Red < $500 1.0 50%59 87 WatQualObj. 5Recc. 1BOS*; DPW; Finance CommitteeBOS StartedImplement the stormwater infrastructure improvements outlined in Earthtech’s 2005 Stormwater Outfall Analysis including all BMPs and recommended technologies. 2.0 Red $10 million ongoing 5%60 87 WatQualObj 5Recc. 2NLC, NCF, MCRD *; Health Dept.ConCom; UMB-NFS, etc.MCRDPond Management Plan (G. Knoecklein has submitted one to MCRD)Establish a comprehensive list of all ponds and coastal areas that require rehabilitation. Prioritize each water body using criteria such as state of degradation of habitat, public health concerns, reduction in state threatened or protected species, essential fish habitat, spread of invasive species, etc. Develop a coordinated program and timeline for rehabilitation & identify potential funding sources.1.0 Orange $10,000 520%61 87 WatQualObj. 5Recc. 3Health Department*, Conservation Groups, ConComHDInitiated public education; On-going Methods could include predator mimics, eliminating hand feeding, and restoring high vegetation around ponds. Investigate the feasibility of reducing avian “nuisance species” such as Canada Geese and Mute Swans. Educate the public regarding impacts2.0 Yellow sunk ongoing 20%62 107 WatQual BOS*, MCRD, ConCom (DEP, Army Corps)BOS1993 entrance to Polpis Harbor dredged. All cuspate spits dredged 1996. **Note no effect on water circulation quality**Periodic Dredging & Water Quality Evaluations: See Obj. V, Recc. 7 of Harbor Operations2.0 Orange $50,000 50%WatQualOrg ID# tasksOrg IDAllBOS9NSA1MCRD12SHAB2ConCom1NLC3DPW2Shellfish Biologist 2Health Dept4NBI1Total42NPS/School1UMBFS4 Harbor Plan Implementation MatrixFishingIndex Page Section Ref.RESPONSIBLE PARTIESOversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATIONStarting yearPriority Est. CostEst Time to complete% Done77 & 8388 FishingObj 1Recc. 1MCRD*, BOS, SHAB, NSA, etc.MCRD ongoingReccomendation sent to BOS by HPIC in Spring 2008; funding has dried up as of Feb 2009; develop "in-house"?Develop and implement a Shellfish Management Plan by October 20081.0 Red 20-50K 2.0 30%78 89 FishingObj 1Recc. 2MCRD*, NSA*, SHAB1) MCRD 2) NSAOn-going1) Continue existing propagation efforts for shellfish. 2) Nantucket Marine Collaborative2.0 Orange1) sunk; grants & fees 2) 12 Million5.01) 100% 2) 10%79 89 FishingObj. 1Recc. 3MCRD*; NSA; SHAB MCRD On-goingFunding established at ATM 75% of permit sales dedicated to shellfish propagation, Dept. of Agriculture and DMF have passed through legislation $22,500 per year.Continue to seek funding through grants, shellfish license fees, and fines to support fisheries development, management, and research. 1.0 Orange sunk/grants ongoing NA (ongoing)80 90 FishingObj.2Recc. 1BOS*; SHAB; NSA; Nantucket Marine Trades Association; MA DEP; MCRD; ROW CommitteeBOS On-goingJackson Point built in 2002, F Street rebuilt in 2005, Children’s - redesign in 2008 Warren’s landing/Wood property? Three alternative sites were investigated in TownImprove and expand upon existing waterfront access points and seek new access for fisheries uses through easements, Chapter 91 license requirements, land purchases, recovery of historical points of access not recorded by the town, or other means. 3.0 Orangesunk; private & state fundsongoing 80%81 90 FishingObj. 2Recc. 2SHAB*; NSA; Nantucket Marine Trades Association; MA DEP; MCRD; BOSSHAB On-goingLand Bank Petrel Landing under construction. 2005 rebuild east end of Town Pier with improved commercial facilities loading- offloading area @ scheduled times. Few Ch. 91 Licenses require commercial fishing access.Expand availability of adequate and affordable dock and mooring spaces to support commercial and recreational fisheries by including special conditions in Chapter 91 licenses.3.0yellow or Greensunk; private & state fundsongoing ongoing82 90 FishingObj 2Recc. 3BOS*; MCRD; Nantucket Marine Trades AssociationBOSHOD passed at 2008 ATMHOD districtIncrease and improve existing shore-side infrastructure, including boat repair facilities and marine supply shops to support commercial and recreational fishing opportunities.1.0 Green sunk 5 90%84 90 FishingMCRD*; SHAB; LB; etc. MCRD On-goingTown Pier expansion in 2001 added over 300 feet of dinghy dock. Dinghy racks added at Polpis (LB) 2008investigate additional dinghy storage (docks and dry storage) at high use areas.2.0 Orange sunk/grants 5 80%FishingOrg ID# tasksBOS2MCRD4SHAB1Total7 Harbor Plan Implementation MatrixPublic AccessIndex Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATIONStarting yearPriority CostEst Time to complete% Done86 & 8791 AccessObj IRecc. 1MCRD*, Right of Way Committee, TON-GISMCRD OngoingMCRD has completed list started during Harbor Plan Process (at end of HP document)Inventory and map all existing public access, including those established through the Chapter 91 licensing process. Assess each site’s condition and clarify the legal status of the property. Ensure that existing public access points are retained and maintained for use by the general public.2.0 Red sunk ongoing100% + ongoing88 92 AccessObj. IRecc. 3MCRD*, ROWC; TON-GIS; Landholding Groups; Chamber of CommerceMCRD On-goingDeveloped and distribute a guide - copies at MCRD. Still need to develop a town GIS overlay map of all access pointsDevelop and distribute guides identifying public access points to and along the shores of the harbors. Also do a Town GIS layer. 2.0 Orange 5,000 2.0 years100% needs review89 93 AccessObj. IRecc. 4MCRD*, ROWC; DPW; Beach Manager; DEPMCRD On-goingMCRD continue to do this with DPW and Beach Management. Many signs required by Ch. 91 licenses do not exist.Improve and standardize signage at existing shoreline and waterfront access sites.2.0 Orange $3,000 520%90 93 AccessObj. 2Recc. 1ROWC*; Landholding Groups: MCRD, BOSROWC On-goingPotential sites have been identified.Inventory and map potential new public access points. Use this information to guide future acquisitions.2.0 Orange sunk ongoing 80%91 93 AccessObj. 2Recc. 2MCRD*; SHAB; NSA, MCRD On-going Petrel landing underwayImprove boating access. Identify areas of expansion and access concerns like parking3.0 Orange sunk ongoing 50%92 94 AccessObj. 2Recc. 3BOS, PB*; MCRD; ConCom, OBB, MA-DEPPB On-going Big Projects on HorizonWhen appropriate, the town should continue to require public access easements (including new launch sites and parking, pedestrian access, and affordable slips/moorings,) on all new or expanded waterfront development.<1.0 Red sunk ongoing100% + ongoing93 94 AccessObj. 2Recc. 4BOS: One Big Beach*; MCRD, PB*BOS/OBB On-goingOne Big Beach. Incentives may include limiting the hours of public access and providing assistance with beach cleaning efforts.The town should provide incentives to homeowners to encourage providing public access on their property. 1.0 Green sunk done100% + ongoing94 94 AccessObj. 2Recc. 5ConCom*; PB; DEP; MCRD; ROWC; DPW; BOSConCom On-goingMCRD reviews all plans for water dependant projects and insures that public access is a component of that review. Many CH 91 licenses call for public access, but required signage is lackingChapter 91 licenses issued by the Department of Environmental Protection should incorporate public access conditions consistent with this plan. More specifically, license should contain, where appropriate, conditions including but not limited to parking, restrooms, signage, pedestrian access, visual access, boating access, boat storage, trash receptacles, boat ramps, commercial berthing, and/or boat lifts.<1.0 Orange sunk ongoing100% + ongoing95 95 AccessObj. 2Recc. 6Right of Way Committee*; Chamber of Commerce ROWC On-goingpotential sites idenitifed in plan; need to hold public hearingsThe town should explore the feasibility of developing a “harbor walk” with standardized access signs and interpretive signs along Nantucket Harbor. Where appropriate, the “harbor-walk” should be handicap-accessible.5.0 Yellow$10,000-$20,000ongoing 10%96 95 AccessObj. 2Recc. 7BOS. PB*, ROWC PB On-going 2 sites per year = 10K per yearThe town should file the paperwork needed to legally record currently-used access points2.0 Orange$10 K per yearongoing 50%97 96 AccessObj. 3Recc. 1ROWC, LB, BMAC ROWC On-going Identify outstanding views and visual access points along the harbors1.0 Orange sunk ongoing 50%AccessOrg ID # TasksBOS1MCRD4ConCom1PB2ROWC3Total11 Harbor Plan Implementation MatrixDocks and PiersIndex Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATIONStarting yearPriority CostEst Time to complete% done99 96 DocksObj 1Recc. 1PB PB Done2007/2009 ATM Dock and Pier Article (prohibition on private docks and piers)1.0 red sunk done 100%100 97 DocksObj 1Recc. 2MCRD*, PB, ConCom MCRD On-goingComplete a survey of the existing docks, wharves and piers to ensure that the structures are all licensed under the provisions of MGL Chapter 91 and that the structures meet all requirements noted in their license. 2.0 red sunk ongoing 75%101 97 DocksObj. 1Recc. 3ConCom*;MCRD; Town CounselConCom No longer necc.Review the legal status of permit applications for private docks that have already been submitted. NA NA NA NA 100%102 & 10397 DocksObj. 1Recc. 4 & 5MCRD*; Building Department, PB, ConCom, Building InspectorMCRD in discussionImplement standards for maintenance of established docks and piers. Establish criteria to evaluate whether a dock, wharf, or pier has substantially deteriorated and a process to have deteriorated docks, wharves, or piers repaired or removed.3.0 Yellow sunk 1.0 0%DocksOrg ID# tasksMCRD2ConCom1PB1Total4 Harbor Plan Implementation MatrixCommercial WaterfrontIndex Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATION Starting yearPriority CostEst Time to complete% done104 98 WaterfrontObj 1Recc. 1HPIC, MCRD, PB, BOS* BOS DonePassed HOD at Spring 2008 ATMDevelop zoning bylaw to protect commerical waterfront uses1.0 Red sunk Complete 100%105 98 WaterfrontObj 1Recc. 2HPiC, MCRD, PB, BOS*, UHI BOS DonePassed HOD at Spring 2008 ATMInclude in the Harbor Plan and adopt into the town's Zoning Bylaws a list of priority water-dependent uses, activities and services as guidance to property owners and developers.1.0 Red sunk Complete 100%106 99 WaterfrontObj. 1Recc. 3BOS*; MA-DEP BOS DonePassed HOD at Spring 2008 ATMInclude in the Harbor Plan and prohibit in the town's Zoning Bylaws a list of water-dependent uses that are not consistent with the objectives of the Harbor Plan.1.0 Red sunk Complete 100%107 99 WaterfrontObj. 1Recc. 4BOS*, OBB BOS NANo longer Applicable (HOD established)Adopt waterfront property assessment policies that provide incentives for water-dependent uses.NA NA NA NA NA108 99 WaterfrontObj. 1Recc. 5ROWC*; HDC; ConCom; PB; DT Revit. Comm, REMAIN?ROWC IncompleteLB purchases on Washington StreetIdentify scenic views (or characteristics of scenic views) of the harbor landscape and waterscape to guide decision making on potential impacts to visual access.2.0 Orange sunk 1.0 30%109 101 WaterfrontObj 1Recc. 6Historic District Commission* HDC Incompletecheck with HDC to see if they have these documentedIdentify all structures on or adjacent to the waterfront that can be considered historic assets in the context of a working waterfront and add them to the Historic District Commission’s list of individually or contributing significant structures.2.0 Orange sunk 1.0 0%110 98PB*; BOS, DownTown Revit Committee, REMAINPB Incomplete HOD passed at 2008 ATMPromote maritime related uses, activities and design for Downtown Commercial Waterfront Area1.0 Yellow sunk ongoing 20%111 106BOS; Harbor Fuel; Nantucket Electric Company; Airport Commission, Bulk Fuel Committee*BOSBulk Fuel Committee formedSome tanks decommissioned; Pipeline avgas, reight boat fuel transport; Off-shore options on south shore under consideration.See Objective V, Recommendation 2 of Harbor Operations, Safety, Navigation, and Moorings1.0 Yellow sunk 5.0 0%WaterfrontOrg ID # tasksBOS 5HDC 1PB 1ROWC 1Total 8WaterfrontWaterfront Harbor Plan Implementation MatrixHarbor OperationsIndex Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATION Starting yearPriority CostEst Time to complete% Done117 102 HarbOpsObj 1Recc. 1MCRD MCRD CompletedMCRD should implement a waiting list application process which requires individuals to update their contact information and pay a 5$ fee to stay on the waiting list1.0 Red sunk done 100%118 102 HarbOpsObj 1Recc. 2MCRD MCRD On-goingThe Department of Marine and Coastal Resources should make the waiting lists available on the Department’s website.<1.0 orange sunk 10%119 103 HarbOpsObj. 2Recc. 1MCRD, SHAB MCRDsome numbers included in HPMCRD and SHAB should quantify the carrying capacity of Nantucket’s harbors (in regards to boats & recreational users). 2.0 Redsmall cost; inhouse or 5K Seek grant funding50%120 103 HarbOpsObj. 2Recc. 2MCRD MCRD ongoingThe current ratio is approximately 7:1 (smaller boats:larger boats).Until the above recommendation has been completed, the MCRD should continue to cap the number of moorings in the harbor at approximately 2100 vessels, while maintaining a similar ratio of smaller boats (less than 26 feet) to larger vessels. <1.0 Red sunk done 100%121 103 HarbOpsObj. 2Recc. 3MCRD* MCRD completed2.0 mooring permits allowed per ownerDetermine the maximum number of mooring permits that can be issued to a waterfront homeowner. <1.0 Red sunk done 100%122 104 HarbOpsObj. 2Recc. 4MCRD* MCRD completedMooring permits for waterfront properties should only be issued for boats that are held in the owner's name and registered in Massachusetts.1.0 Red sunk done 100%123 104 HarbOpsObj. 2Recc. 5MCRD*; NP&EDC MCRD ongoingCurrently restrictions in place HOD established additional restrictionsThe MCRD and the NPEDC should periodically reevaluate the issues related to cruise ship visits to Nantucket. 3.0 Yellow sunk ongoing 90%124 104 HarbOpsObj. 2Recc. 6MCRD* MCRDyearly passenger reports only allowed to shuttle in passengers (moor in deep water)If cruise ship visits are acceptable, a per person landing fee should be levied and these funds should go to MCRD1.0 orange sunk done 100%125 104 HarbOpsObj. 2Recc. 7MCRD* MCRD CompletedThere should be no anchoring of vessels east of First Point. All large, commercial passenger vessels should anchor between the anchorage and First Point.<1.0 orange sunk done 100%126 104 HarbOpsObj. 2Recc. 8MCRD* MCRD CompletedCruise lines and other large, commercial passenger vessels that frequently visit Nantucket should be required to install, maintain and utilize their own ground tackle. The location of, and necessity for these moorings should be determined by the Department of Marine and Coastal Resources.<1.0 orange sunk done 100%127 104 HarbOpsObj. 3Recc. 1MCRD* MCRD CompletedThe Department of Marine and Coastal Resources should continue to establish grid patterns for all existing mooring fields, ensuring that the process of gridding does not drastically change the number of vessels allowed in each mooring field.<1.0 orange sunk done 100%128 104 HarbOpsObj. 3Recc. 2MCRD* MCRD CompletedThe Department of Marine and Coastal Resources should develop a more detailed anchorage plan for Nantucket Harbor.<1.0 orange sunk done 100%129 105 HarbOpsObj. 4Recc. 1MCRD*; SHAB; NSA; Mooring companies, etc.MCRD ongoinggradually changing over to new helix systemsMCRD should continue to investigate new mooring systems especially in relation to the impacts of the mooring type on the eelgrass beds and the scallop fishery.1.0 Redsunk & GHYC yearly $ongoing 50%130 105 HarbOpsObj. 4Recc. 2MCRD*; ConCom, NLC, Other interested partiesMCRD ongoingGHYC recent ConCom permits required extensive research on eelgrass and mooringCompile existing research dealing with the impacts of moorings on eelgrass. Apply this research to the management of moorings in Nantucket and Madaket Harbors2.0 Redsunk & GHYC yearly $ongoing 50%131 106 HarbOpsObj. 5 Recc 1MCRD*; BOS; ACOE MCRD ongoing seek grant funidngThe Department of Marine and Coastal Resources should work with ACOE and Ma-DEP to repair and raise the jetties. 2.0 Orange $200,000 5.0 0%Mooring field designation by the HM, Ch. 91, Section 10A. Commercial permit for rental moorings approved by the Corps of Engineers. Gridding complete 132 106 HarbOpsObj. 5 Recc 2BOS*;MCRD; PB; Bulk Fuel Comm.BOS ongoingbulk fuel committee formedThe town should investigate the relocation of the current fuel off-loading facility to the south shore and the fuel storage facility (tank farm) to a location near airport.3.0 Yellow $$ 5.0 40%133 107 HarbOpsObj. 5Recc. 3MCRD*, UMB-NFS, SHAB MCRDGather bathymetric data in both harbors using low cost techniques.2.0 Orange $2,000.00 5.0 0%134 107 HarbOpsObj. 5Recc. 4MCRD*; Lighting Enforcement Officer MCRD ongoingBylaw passed in 2007 ATMIdentify existing lighting that trespasses on the harbors and enforce compliance with existing regulations for outdoor lighting.2.0 Yellowsunk + volunteersongoing 0%135 107 HarbOpsObj. VRecc. 5MCRD*; NP&EDC MCRD reference in HOD articleAdopt additional lighting controls into the Harbor Overlay District regulations, specific to waterfront conditions. 1.0 Yellow sunk 2.0 50%136 107 HarbOpsObj. 5Recc. 6MCRD MCRDsome signage postedDevelop and distribute a comprehensive no-wake zone map to educate boaters. Signs should also be posted where possible. 2.0 Orange sunk 2.0 50%137 107 HarbOpsObj. 5Recc. 7MCRD MCRDin discussion with MA-DEP/ACOEThe town should secure funding and permits for dredging projects as outlined in the 5 and 10-year plans3.0 Yellow$100,000-$200,0005.0 0%138 107 HarbOpsObj. 6Recc. 1BOS*; MCRD, Emergency Response Team, Police, Fire,USCGBOSThe Town of Nantucket should pursue opportunities to develop a second commercial dock (preferably independent of jetties entrance) that would be capable of handling large vessels carrying passengers, goods, and vehicles in an emergency. 2.0 Redsunk + fed/state funding5.0 0%139 108 HarbOpsObj. 7Recc. 1BOS*; MCRD; Private businessesBOSagreement with GHYCAll efforts should be made to maintain the haul-out capacity on Nantucket at levels that will allow for the safe and timely removal of boats in an emergency situation.1.0 Red sunk ongoing 100%140 108 HarbOpsObj. 7Recc. 2MCRD*; BOS; Private businesses; ConCom; SHABMCRDThe town should continue to investigate options for developing a new boat ramp at the south end of town. While there appear to be no “ideal” locations, a ramp may still be feasible.4.0yellow or Greensunk ongoing 0%141 108 HarbOpsObj. 7Recc. 3MCRD*; Private businessesMCRDagreement with GHYCThe Department of Marine and Coastal Resources currently works with local businesses to coordinate the hauling of boats in the event of an imminent storm. This should be formalized in writing and the responsibilities of the town and private providers should be defined.1.0 Red sunk 1.0?142 99 HarbOps BOS* MA-DEP BOS CompletedBy laws written and adopted at ATM, records at MCRD. No rental companies located on the Island at this time.Jet ski rental Ban; See Obj. I, Recc. 3 of the Commercial Waterfront Section.1.0 yellow sunk done 100%HarbOpsOrg ID # tasksBOS 4MCRD 22Total 26 Harbor Plan Implementation MatrixOil Spill ResponsePage Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATION Starting yearPriority CostEst Time to complete% done151 109 OilSpillObj 1Recc. 1NPEDC*, MCRD NP&EDC Completed1991 report on file MCRD, NFD. Outdated Review and update the existing Nantucket Coastal Oil Spill Response Plan.1.0 Red sunk Complete 100%152 110 OilSpillObj 1Recc. 2NPEDC*, MCRD NP&EDC Completed Identify an Oil Spill Response Coordinator. 1.0 Red sunk Complete 100%153 110 OilSpillObj. 2Recc. 1MCRD*; BOS; Oil Spill Coordinator; US Coast Guard; Fire DepartmentMCRD CompletedMandate that all fuel off-loading sites, facilities containing 5 or more boat slips, or sites where fuelling of vessels occurs develop and maintain a current plan to respond to a spill at that facility, have suitable, specialized equipment to respond to a spill at their facility or nearby and have trained staff available for initial response. 1.0 Red sunk Complete 100%154 111 OilSpillObj. 2Recc. 2Oil Spill Coordinator* OSC ongoing ongoing effort neededSimple clean-up materials should be required at all facilities where boats can tie up or be launched. Educational material should also be available at these sites so that the public is informed as to the need for cleaning up even small spills and how to safely dispose of any materials used.2.0 Yellow $5,000.00 Complete100% + ongoing155 111 OilSpillObj. 2Recc. 3Oil Spill Coordinator*;MCRD OSC ongoingput signs up at Town Pier, and chandleriesBoaters should be reminded that oil-spill clean-up materials are available for free through the Department of Marine and Coastal Resources1.5 Yellow sunk ongoing 50%156 112 OilSpillObj. 3Recc. 1MCRD, DPW, Oil Spill Coordinator*OSC need to purchaseOil spill response equipment should include a simple system that can be implemented to prevent any spilled liquid from entering catch basins - rubber covers1.0 Red $5,000.00 20%157 112 OilSpillObj. 3Recc. 2DPW*; MCRD; HDC DPW CompletedStencil storm drains with a symbol that identifies those that discharge directly into the harbors. Covering these should be prioritized in the event of a fuel spill. See rubber covers above1.0 Red sunk 20%158 76 OilSpillsee Obj 1 recc 2 of Nat Res.ConCom*; NPEDC ConCom ongoing Amend bylaws to minimize nonpoint source pollution1.0 Orange sunk ongoing ongoingOilSpillOrg ID# tasksMCRD1ConCom1DPW1OSC3NP&EDC2Total8 Harbor Plan Implementation MatrixTourismPage Page Section Ref.RESPONSIBLE PARTIES OversightStatus as of 1/1/2009DISCUSSION 2007 RECOMMENDATION Starting yearPriority CostTime to completion% Done159 98-99 TourismObj 1Recc. 1BOS, COC, MCRD*, Park and Rec.MCRD ongoing$128K bathroom renovation at MCRD through State/federal funding. Boat basin has also done major upgrades to bathrooms and pump-out-facilities. Madaket is severely underserved; no facilitiesProvide improved public service facilities in the central business district. New or improved major commercial developments on the waterfront should be conditioned to provide public service facilities. 1Orange sunk ongoing 70%SectionOrg ID# tasksBOS0MCRD1Total1 Definitions # of items % of workload BOS Board of Selectmen 23 19.3 MCRD Marine and Coastal Resources Dept. 48 40.3 ConCom Conservation Commission 8 6.7 DPW Department of Public Works 3 2.5 BOH Board of Health 0 0.0 HD Health Department 4 3.4 NBI Nantucket Biodiversity Initiative 1 0.8 NPS/School Nantucket Public School 1 0.8 UMB-NFS UMass Boston Nantucket Field Station 3 2.5 NSA Nantucket Shellfish Association 2 1.7 HDC Historical District Commission 1 0.8 PB Planning Board 4 3.4 ROWC Right of Ways Committee 4 3.4 NPEDC Nantucket Planning and Economic Development Commission 2 1.7 IPSC Invasive Plant Species Committee 1 0.8 NMMST Nantucket Marine Mammal Stranding Team 1 0.8 OSC Oil Spill Coordinator 3 2.5 SHAB/HSAB Harbor and Shellfish Advisory Board 3 2.5 HPIC Harbor Plan Implementation Committee 0 0.0 OBB One Big Beach 1 0.8 TB Town Biologist 0 0.0 SB Shellfish Biologist 2 1.7 ACOE Army Corps of Engineers 0 0.0 Ma DEP Massachusetts Dept. of Environmental Protection 0 0.0 IPM Integrated Pest Management 0 0.0 NMC Nantucket Marine Collaborative TC Town Counsel 0 0.0 TON Town of Nantucket 0 0.0 UHI Urban Harbors Institute 0 0.0 NLC Nantucket Land Council 3 2.5 TON GIS Town of Nantucket Geographical Insformation Systems 1 0.8 Total 119 others: WQMP = Water Quality Management Plan SMP = Shellfish Management Plan CMP = Coastal Management Plan HOD = Harbor Overlay District 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 From:Libby Gibson To:Erika Mooney; Gregg Tivnan; Bob DeCosta; Michael Kopko; "Patty Roggeveen"; "Rick Atherton(rickatherton@comcast.net)"; Whitey Willauer Subject:FW: E-Blast - Attorney General Releases New Regulations for Remote Participation Date:Tuesday, November 15, 2011 5:31:17 PM FYI Will discuss with Chair & Vice Chair about maybe scheduling an agenda item on this? (re: the authorization) C. Elizabeth Gibson Town Manager Town of Nantucket (508) 228-7255 From: Kopelman and Paige, P.C. [mailto:KandPNews@k-plaw.com] Sent: Tuesday, November 15, 2011 3:50 PMTo: Kopelman and Paige, P.C.Subject: E-Blast - Attorney General Releases New Regulations for Remote Participation November 15, 2011 When the new Open Meeting Law, G.L. c.30A, §§18-25, was enacted, the Law did notspecifically authorize remote participation in meetings by members of a governmental body, suchas via telephone or video conference. However, the Law provided that the Attorney Generalcould authorize remote participation by letter ruling or regulation. In response, the AttorneyGeneral promulgated draft regulations and sought comments. This week, the Attorney General’sDivision of Open Government (“Division”) released the final version of such regulations, whichdiffer substantially from the draft regulations, and they are now in effect. The regulation, 940CMR 29.10, may be accessed on the Division website at http://www.mass.gov/ago/government- resources/open-meeting-law/940-cmr-2900.html. While the regulations are detailed and must be reviewed in their entirety, the primary provisions are as follows: Ø Authorization – The “chief executive officer” must authorize use of remote participationbefore it can be used by a municipality’s public bodies. General Laws c.4, §7 defines theterm “chief executive officer” as the mayor in a city and the board of selectmen in a town,unless a different chief executive officer has been designated by charter or special act. Onceauthorized, remote participation will be available to all boards and committees subject to theOpen Meeting Law. The chief executive officer may also decide to revoke suchauthorization. Ø Media – “[T]elephone, internet, or satellite enabled audio or video conferencing” may be used for remote participation, or other technology may be used provided that the participant and allin attendance can hear each other. If videoconferencing is used, the member participatingremotely must be visible to all in attendance. If remote participation is allowed,accommodations must be made for any public body member requiring special services so asto allow the member to participate fully. Ø Quorum Requirements – A quorum of the public body must be physically present at themeeting location. Ø Votes – If a member of a public body is participating remotely, all votes, including those taken in open session, are required to be by roll call and recorded in the minutes. Ø Status – A member participating remotely may vote, and is not deemed to be “absent” from the meeting for purposes of G.L. c.39, §23D (a local acceptance statute that allows a boardmember to be “absent” from one session of a public hearing and still participate and vote,subject to certain conditions). Ø Reasons – Acceptable reasons for participating remotely include one or more of thefollowing: personal illness, personal disability, emergency, military service or geographicdistance. Ø Notification – The member that will not be present must notify the chair as far in advance aspossible. The chair must announce at the beginning of the meeting the name of the personparticipating remotely and the reason therefor. The categories listed above may be used forthis announcement, and particular private details should be avoided (i.e., use the words “personal illness” as compared to “she has the flu,” or use “geographic distance” as compared to “she is in Alaska visiting her mother”), particularly with respect to illness or disability. Ø Technical Issues - If technical difficulties arise with the media connection, the chair must decide how to address them. The Division encourages suspension of deliberations while the difficulties are addressed. If the remote member is disconnected during the meeting, theminutes must reflect this fact. Ø Executive Session - A member participating remotely may participate in an executive session,but must state for the record that he or she is alone and cannot be overheard. Alternatively,another person may be present with the member participating remotely if the public bodyvotes to authorize it. Any public bodies utilizing remote participation must comply with all provisions of 940 CMR29.10, as well as the other requirements of the Open Meeting Law and all of the Division’sregulations. For more information, or if we can answer any further questions, please contact Brian Riley orLauren Goldberg at 617-556-0007. We hope you find our e-updates informative. If you no longer wish to receive e-updates from K&P, please send us a message, write Unsubscribe in the Subject line and we will remove you from future mailings in this area of law. As always, if you have any other questions or concerns, please do not hesitate to contact us. 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 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.